Issue - meetings

To note the urgent action taken by the Leader, the Deputy Leader, and the Portfolio Holder for Communities and Regulatory Services in respect of an appeal against the findings of a Planning Inspector. 

Application

11/0736C - Redevelopment of land for up to 200 dwellings, community facilities & associated infrastructure, Loachbrook Farm, Sandbach Road, Congleton.

Background

Earlier this year the Council mounted a strong appeal at an Inquiry that lasted several days. The Inspectors decision was made on 16^th August 2012 and, whilst carefully addressing all of the Council’s arguments, he granted planning permission to the applicant. Legal opinion has been obtained from the Barrister who represented the Council at the Appeal and her opinion is that on planning grounds the chances of a successful appeal are remote. However, Tewkesbury Council is appealing against an Inspector’s decision made on similar grounds and is using wider arguments based upon extensive change of Government Policy as being contrary to published policy on localism.

The Barrister representing Tewkesbury Council, from the same Chambers as the Barrister who represented the Council at the Loachbrook Farm Inquiry, has indicated he could mount similar arguments if Cheshire East chooses to challenge the Loachbrook decision on this basis.

The deadline for an Appeal to be made was Thursday 27 September 2012 and therefore it was not possible for the matter to await the next ordinary meeting of Cabinet. 

Cabinet was asked to note the urgent action taken by the Leader, the Deputy Leader and the Portfolio Holder for Communities and Regulatory Services in respect of lodging an appeal against the findings of a Planning Inspector in granting planning permission for the redevelopment of land for up to 200 dwellings, community facilities and associated infrastructure at this location. 

(Application 11/0736C)

RESOLVED

That the action be noted.