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 Committee 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.

In February 2008, following completion of a section 106 agreement, Macclesfield Borough Council had granted planning permission for the demolition of the existing house and erection of 3 apartments with under croft parking on the site.

The legality of the decision to grant planning permission had been challenged on seven grounds and a hearing was held on 21 and 22 May 2009.  The judge had determined that the Judicial Review application should succeed and had quashed the planning permission, on the basis that he agreed with 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.

In order to ensure that such a challenge could not be made against any future decisions of Cheshire East Council, it was necessary to amend existing procedures and include in Committee reports more information relating to European Protected Species and more specific detail on compliance or otherwise with Development Plans.

RESOLVED

1 That the decision of the High Court be noted;

2 That it be noted that changes will be required in the processing of applications and content of reports as a result of the areas of challenge that were successful;

3 That it be noted that that the areas of unsuccessful challenge will be taken as the minimum level for processing and determining applications for Cheshire East.

Councillor B Dykes (Chairman)