Agenda, decisions and minutes

Apologies for absence were received from Councillor Robin Millar.

At each Cabinet meeting, up to 15 minutes shall be allocated for questions from and discussion with, non-Cabinet members.  Members wishing to speak during this session should if possible, give notice in advance.  Who speaks and for how long will be at the complete discretion of the person presiding.

Hatchfield Farm: Secretary of State Decision – Next Steps (Report No: CAB/FH/16/042)

The following non-Cabinet Members spoke on this item (as summarised below):

(a)     Councillor Rona Burt

Councillor Burt addressed the Cabinet and expressed her disappointment with the Secretary of State’s decision to refuse planning permission for 400 homes at Hatchfield Farm, Newmarket.  She referred to the former Secretary of State’s previous statement in relation to planning matters where he had stated that “locally elected members should make the decisions on planning applications in their District.”

Councillor Burt explained that the villages which she represented within her Ward were now all very concerned regarding this decision and the impact that this would have on their villages.  Councillor Burt also raised her concerns of the impact which this decision would have on the Council’s housing figures within its Local Plan.

(b)     Councillor Carol Lynch

Councillor Lynch addressed the Cabinet and explained that she had previously represented Newmarket on the Council for 16 years and had also been the lead Member for Housing.   She expressed her gratitude to the Secretary of State for being mindful regarding housing development in Newmarket, but there was a need for housing, albeit of a sensitive nature.   There were no available brownfield sites in Newmarket which can be used for the provision of additional housing.  It was very important to keep the paddock land, along with the continued support of the Council’s Horseracing Policies, as they were paramount to the protection of the horseracing industry.  The Hatchfield Farm site was in the right location for the provisional of additional housing in the town.

Councillor Lynch also referred to the importance of horseracing to Newmarket, but there needed to be a balance between horses and the people.  In her view, the surrounding villages and other settlements were being asked to allocate too much additional housing.

Councillor Lynch concluded by requesting for the Cabinet to continue to support the decision of the Council’s Development Control Committee for the approval of planning permission for 400 homes at Hatchfield Farm, Newmarket.

(c)     Councillor Victor Lukaniuk

Councillor Lukaniuk addressed the Cabinet and stated that if Members believed the decision to approve planning permission for 400 homes at Hatchfield Farm, Newmarket, had been the right decision, then the Council should challenge the Secretary of State accordingly.

(d)     Councillor Ruth Allen

Councillor Allen addressed the Cabinet and stated that the residents of Newmarket considered that the town needed growth and Hatchfield Farm was an ideal location for these homes to be built.  The development also offered additional cycle routes and footpaths and improved highway infrastructure.  Councillor Allen considered that the residents and the horseracing community should be able to work together, in harmony, to make this development work effectively.

Councillor Allen stated that this decision by the Secretary of State should be challenged by the Council, which would show to the residents of Newmarket that the future development of the town was a priority.

(e)     Councillor Andrew Appleby

Councillor Appleby addressed the Cabinet and  ...  view the full minutes text for item 237.

Members of the public who live or work in the District are invited to put one question/statement of not more than three minutes duration relating to items to be discussed in Part 1 of the agenda only.  If a question is asked and answered within three minutes, the person who asked the question may ask a supplementary question that arises from the reply.

A person who wishes to speak must register at least 15 minutes before the time the meeting is scheduled to start.

There is an overall time limit of 15 minutes for public speaking, which may be extended at the Chairman’s discretion.

Hatchfield Farm: Secretary of State Decision – Next Steps (Report No: CAB/FH/16/042)

The following members of the public spoke on this item (as summarised below):

(a)     Councillor Bill Rampling (Chairman, Moulton Parish Council and on behalf of the Forest Heath Rural Parish Alliance)

Councillor Rampling addressed the Cabinet and confirmed that he was representing the Forest Heath Rural Parish Alliance and Moulton Parish Council who were supporting Lord Derby in challenging the Secretary of State’s decision.  He hoped that the Cabinet would also take the decision to join this challenge.

Councillor Rampling then asked a question of the Portfolio Holder, Councillor Lance Stanbury, this being:

‘If the challenge was unsuccessful and the Secretary of State ruling stood, would the Council, as the Local Planning Authority, have to start the local plan process again?.’

Councillor Rampling further stated that the Council’s Core Strategy was based on the premise that the majority of the houses to be built would be in the most sustainable locations, ie the three market towns (Brandon, Mildenhall and Newmarket).  However, Brandon was severely constrained for ecological reasons and if Newmarket could only be developed according to the wishes of the horseracing industry, where were the new houses going to be built.

Councillor Lance Stanbury then replied to the question raised and confirmed that the local plan process would not have to be started again.  The Council’s Local Plan Working Group would be exploring all available options for growth within the District.  Councillor Stanbury also stated that, at this stage, he was unable to confirm where the new homes were to be built as this was subject to due process, however, he would be speaking to this point later in his address to the Cabinet.

(b)     Dr Allan Marchington (Resident of Herringswell)

Dr Marchington addressed the Cabinet and requested that the Council continued to support the decisions made regarding the provision of homes at Hatchfield Farm, Newmarket.  He explained that, over two years ago, a democratic decision had been made, based on evidence, to approve 400 homes on Hatchfield Farm by the Council’s Planning Committee.  This decision had been challenged by the horseracing industry and by the local MP, who requested for this decision to be called-in by the Secretary of State.  Following a public enquiry, the Planning Inspector agreed with the Council’s decision and had determined, based on evidence, that 400 homes at Hatchfield Farm would not be detrimental to the horseracing industry.

In August 2016, the Secretary of State refused planning permission for 400 homes at Hatchfield Farm, due to the perception of damage to the horseracing industry from this application, thereby overruling both the Council and the Planning Inspector’s decisions.  The effect of refusing this planning permission now meant that Newmarket would not receive the much needed infrastructure improvements, contributions towards primary education and provision of additional sports/community facilities.

Dr Marchington requested that the Council continued to follow the sequential process of the local plan and to support its local residents in their desire for  ...  view the full minutes text for item 238.

Report No: CAB/FH/16/042

Portfolio Holder: Lance Stanbury              Lead Officer: Steven Wood

RESOLVED:

That:-

1.           Forest Heath District Council does not seek to challenge the Secretary of State’s decision in regard to the Hatchfield Farm development, but to remain an interested party in the claim of Moulton Parish Council, on behalf of themselves and the Rural Parish Alliance and the Earl of Derby.

2.           Forest Heath District Council to lead a process looking to the future of the Town.  The Cabinet to invite the whole community to join us and work together to develop an exciting new Prospectus for Newmarket that brings together all the different planning and visioning work that is taking place across the Town and District.

(Report No: CAB/FH/16/042)

Councillor Lance Stanbury, Portfolio Holder for Planning and Growth,  presented this report in which the Cabinet were requested to decide whether to pursue a High Court Challenge to the Secretary of State’s decision to refuse to grant planning permission for up to 400 dwellings, with associated infrastructure, in relation to Hatchfield Farm, Newmarket, taking into account the outcomes of the legal advice sought (this legal advice was subsequently circulated at the meeting).

Councillor Stanbury explained the Council’s frustrations, as the Local Planning Authority, as to the effect of the refusal of this application on the Forest Heath district as a whole.  Since the Secretary of State’s decision, work had been undertaken in the consideration of the available options and how these would affect all of the Council’s communities, in order to be able to make the right decision for everyone in Forest Heath.  Councillor Stanbury then outlined these options and the subsequent effects (whether positive or negative). 

If the Council was to enter into a High Court Challenge then this would positively maintain that Newmarket was the most sustainable town and location for growth and there was likely to be less challenge to the Local Plan from Lord Derby and other interested parties. 

The challenge would incur further legal costs to the council tax payer.  There would be a further delay to the completion of the Local Plan, which could not be adopted by the end of 2017 as planned.  Not being able to adopt the Plan would mean the loss of the New Homes Bonus and also under new planning legislation, the Secretary of State could intervene with the Plan if progress was not made.  It would also leave the Council open to speculative planning applications in the District, as the Plan would be out-of-date.

If the Council was not to enter into a High Court Challenge then there would be no additional cost to the council tax payer.  The Council would be able to continue with the Local Plan for adoption by the end of 2017.  Taking into account the planning permissions granted since April 2016, the Council only needed to find sites to accommodate 145 homes to make up for the loss of the Hatchfield Farm site (this equated to less than 10 homes a year over the remaining 15 years of the Plan period).  However, Lord Derby and other interested parties could still decide to challenge the Local Plan.

Therefore, Councillor Stanbury firstly proposed to the Cabinet, that Forest Heath District Council did not seek to challenge the Secretary of State’s decision in regard to Hatchfield Farm development, but remained an interested party in the claim of Moulton Parish Council, on behalf of themselves and the Rural Parish Alliance and the Earl of Derby.

Councillor Stanbury then went on to highlight the opportunities which he considered were now available.  He explained that the Secretary of State had recognised that Newmarket was a unique place and of great importance to the national economy and  ...  view the full minutes text for item 239.