Issue - meetings

To notify members of the result of the Judicial Review proceedings brought against the decision of Macclesfield Borough Council to grant planning permission for the development at Bryancliffe, Wilmslow Park South, Wilmslow.

The Board considered a report which detailed the result of the Judicial Review proceedings brought against the decision of Macclesfield Borough Council to grant planning permission for the development at Bryancliffe, Wilmslow Park South, Wilmslow.

Macclesfield Borough Council had granted planning permission in February 2008 following completion of a section 106 agreement, for the demolition of the existing house and erection of 3 apartments with croft parking on site. The Claimant lived near from the site and objected to the proposed development, and challenged the legality of that decision to grant permission on seven grounds.  The Judge determined that the Judicial Review application should succeed and quashed the planning permission on the basis that he agreed with the three of the grounds, these being:

• that the Committee Report did not deal with the European Community Habitats Directive on protected species in regard to the bat roost that had been identified on the site;
• that the Committee Report failed to say whether there was compliance with the policies in the Development Plan or not;
• that there was a failure of the Council to take account of applicable policies

As a result of the decision changes in procedure would need to be made to obtain further and better information regarding protected species at application stage and committee reports would need to include more detail regarding the legislation, advice tests to be applied when considering applications affecting protected species.

RESOLVED:   That

(1)       the decision of the High Court be noted;

(2)            change will be required in the processing of applications and contents of reports as a result of the challenge being successful

(3)       the areas of unsuccessful challenge be taken as the minimum level for processing and determining applications for Cheshire East.