Agenda item

Report No: DEV/WS/20/041

Planning Application - Entry Level exception site for 2no affordable dwellings and ancillary access arrangements (partly retrospective)

Planning Application - Entry Level exception site for 2no affordable dwellings and ancillary access arrangements (partly retrospective)

This application was originally referred to the Development Control Committee on 22 July 2020 following consideration by the Delegation Panel at the request of the Ward Member (Chedburgh & Chevington) Councillor Mike Chester.

The Delegation Panel subsequently recommended that the application be heard before the Development Control Committee due to the site’s (enforcement) history and the degree of public interest generated by the proposal.

Furthermore, Dalham Parish Council had raised objections to the scheme which was in conflict with the Officer’s recommendation of approval.

However, the item was withdrawn from the 22 July 2020 Development Control Committee agenda following a third party representation which suggested that the application as submitted ought not be determined by the Local Planning Authority on the basis that planning application DC/16/1735/FUL had already been refused on the 17 February 2017.

The representation asserted that based on the advice contained within the National Planning Practice Guidance, a further application could not be submitted pursuant to S.70c of the 1990 Town and Country Planning Act.

In response to this claim, legal advice was been sought which confirmed that there were no material or legal reasons for the Local Planning Authority to refuse to determine this planning application, accordingly, it was returned to the Committee for deliberation.

Officers were continuing to recommend that the application be approved, subject to the completion of a S106 Agreement and conditions as set out in Paragraph 115 of Report No DEV/WS/20/041.

As part of his presentation to the Committee the Senior Planning Officer drew attention the supplementary ‘late papers’ which had been issued since publication of the agenda and played videos of the site which he took the Committee through by way of a virtual ‘site visit’

The Officer further advised of two amendments which had been made to the scheme in respect of boundary treatments to the South of the site and a revised visibility splay drawing.

Members were also informed that additional late comments had been received from third parties on 29 August, 31 August and 1 September – all of which were summarised to the meeting. 

Speakers:    Rachel Mack-Smith (resident objector & on behalf of fellow neighbouring objectors) spoke against the application

                   Councillor John Riddell (Dalham Parish Council) spoke against the application

                   Councillor Mike Chester (Ward Member: Chedburgh & Chevington) spoke on the application

Considerable debate took place on the application, with a number of the Committee making comment with regard to the 2015 Written Ministerial Statement (which related to intentional unauthorised development) and whether the dwellings proposed were affordable.

Some Members also questioned as to whether the proposal was a rural exception site.

Councillor David Roach proposed that the application be refused, contrary to the Officer recommendation for the reasons outlined above and this was duly seconded by Councillor Roger Dicker.

In response to which, the Service Manager (Planning – Development) drew attention to the comments within the report from the Council’s Strategic Housing Team.  She also recommended that the query concerning a rural exception site was not used as a reason for refusal.

Accordingly, the Committee was advised that the Decision Making Protocol would be invoked and a Risk Assessment would be produced for Members to consider at a future meeting. 

Upon being put to the vote and with 14 voting for the motion and with 2 against, it was resolved that

Decision

MEMBERS BE MINDED TO REFUSE THE APPLICATION, CONTARY TO THE OFFICER RECOMMENDATION due to advice contained within the 2015 Written Ministerial Statement (which relates to intentional unauthorised development) and over concerns that the dwellings proposed were not affordable. A Risk Assessment would therefore be produced for consideration by the Committee at a future meeting.