Agenda item

Planning Appeals Update

To receive an update with regard to ongoing Planning Appeals.

Minutes:

(Visiting Councillors, G Baxendale, S Corcoran, S Hogben, M Jones and A Moran spoke in respect of the item).

 

Consideration was given to an oral update (by Officers) that provided further information with regard to the Councils position in respect of the current Planning Appeals that may impinge upon the assessment of the Council’s future (five year) supply of housing land for the Borough.

 

In response to a request from Members, Officers also undertook a further review of the Planning balance in respect of the four Planning appeals.  Members reflected on the report of 6 November 2013 and the resolution made at that time.  In the light of updated discussions the following decisions were taken:-

 

RESOLVED

 

(1) In respect of The Moorings, Congleton application 12/3028C appeal, it was agreed that the appeal be challenged for the following reasons:-

 

The proposal would be located within the Open Countryside, contrary to (i) Policies PS8 and H6 of the Congleton Borough Adopted Local Plan First Review 2005, which seek to ensure that only appropriate development in a rural area is allowed and (ii) the core principles of the NPPF which seek to protect the intrinsic character and beauty of the countryside. Moreover, the proposal would also result in a loss of Grade 3a Agricultural Land, contrary to Policy PS8 and H6 of the Congleton Borough Adopted Local Plan First Review 2005, which seek to protect such land from inappropriate use and ensure an adequate supply of agricultural land.

 

And it was further Resolved that:-

 

(iii) In addition it was agreed that the position on housing land supply and the relevant buffer (and any impact on past moratoria) would be kept under close review and if further material evidence could be put forward at a later date on the receipt of additional information then the authority to challenge the appeal on these grounds should be delegated to the Director of Economic Growth & Prosperity in consultation with the Chairman and Vice Chairman of the Strategic Planning Board.

 

(2) In respect of the Kestral Drive, Goldfinch Drive, Congleton application 12/3025C appeal, it was agreed that the appeal be challenged in accordance with the first reason as resolved on 22 May 2013 as follows:-

 

The proposal would be located within the Open Countryside, contrary to (i) Policies PS8 and H6 of the Congleton Borough Adopted Local Plan First Review 2005, which seek to ensure that only appropriate development in a rural area is allowed and (ii) the core principles of the NPPF which seek to protect the intrinsic character and beauty of the countryside. Moreover, the proposal would also result in a loss of Grade 3a Agricultural Land, contrary to Policy PS8 and H6 of the Congleton Borough Adopted Local Plan First Review 2005, which seek to protect such land from inappropriate use and ensure an adequate supply of agricultural land.

 

And it was further Resolved that:-

 

(iii) In addition it was agreed that the position on housing land supply and the relevant buffer (and any impact on past moratoria) would be kept under close review and if further material evidence could be put forward at a later date on the receipt of additional information then the authority to challenge the appeal on these grounds should be delegated to the Director of Economic Growth & Prosperity in consultation with the Chairman and Vice Chairman of the Strategic Planning Board.

 

(3) In respect of Land Rear of Rose Cottages, Brereton Heath application 12/3087C appeal, it was agreed thata statement of common ground be agreed with the appellants.  For the avoidance of doubt the Council maintains its position regarding sustainability in this appeal.  In addition it was agreed that the position on housing land supply and the relevant buffer would be kept under close review and if further material evidence could be put forward at a later date on the receipt of additional information then the authority to challenge the appeal on these (grounds) should be delegated to the Director of Economic Growth & Prosperity in consultation with the Chairman and Vice Chairman of the Strategic Planning Board.

 

(4) In respect of the Waterworks House, Dingle Lane, Sandbach application 12/1650C appeal, it was agreed that a statement of common ground with the appellants accordingly.  For the avoidance of doubt the Council maintains its position regarding Ecological matters and impact on the Wildlife Corridor in this appeal.  In addition it was agreed that the position on housing land supply and the relevant buffer would be kept under close review and if further material evidence could be put forward at a later date on the receipt of additional information then the authority to challenge the appeal on these (grounds) should be delegated to the Director of Economic Growth & Prosperity in consultation with the Chairman and Vice Chairman of the Strategic Planning Board.

 

It was then moved and seconded that the Exclusion Resolution be lifted and the meeting move back into Part 1-Matters to be considered with the public and press present.

 

Consideration was given to how decisions made at the meeting could be communicated to the public.

 

RESOLVED

 

(1) After lengthy discussion the Strategic Planning Board agreed to issue a statement communicating the decisions made at the meeting.

 

And that

 

(2) all future appeals relating to the Council’s position with regard to its assessment of future housing supply be delegated to the Director of Economic Growth & Prosperity, to be considered in consultation with the Chairman and Vice Chairman of the Strategic Planning Board.  Any such delegation needs to be exercised consistently bearing in mind the discussions that had taken place earlier in the meeting by Members of the Strategic Planning Board.

(During consideration of the item the meeting adjourned for a short break).