Agenda item

Report No: DEV/FH/16/015

120 dwellings together with associated access, landscaping and open space, as amended.

Planning Application DC/14/2073/FUL - 120 dwellings together with associated access, landscaping and open space, as amended.

The Principal Planning Officer – Major projects advised the Committee that the applicant had lodged an appeal against the ‘non-determination’ of this planning application within the prescribed decision making periods.

Therefore, the Council was no longer able to determine the planning application which would now be considered by an appointed Inspector unless the Secretary of State ‘called in’ the application for his own determination.  A request made to the Secretary of State in that respect made by the Lakenheath Parish Council remained unresolved.  The appeal would be determined following a public inquiry.

However, the Council was able to make representations to the public inquiry and was, therefore, able to carry on to resolve and represent how it would have determined the planning application. Henceforth, in accordance with established procedures, the matter was before the Development Control Committee to enable Members to confirm the decision they would have taken, had they been in a position to take it.

A Member site visit was held prior to the meeting.

Councillor Louise Marston, as Ward Member for the application, had submitted a statement to the Officer as she had been unable to attend the meeting.  Councillor Marston raised concerns that the Council would be unable to determine the application without predetermination in light of an appeal having been lodged by the applicant.  The Officer explained that he would respond to Councillor Marston directly to clarify the position with regard to this matter (as had been previously outlined to the meeting).

The Officer drew attention to the section in his report with regard to highways; specifically Paragraph 283 which outlined the two junctions where issues would arise as a consequence of cumulative growth in Lakenheath.  He showed Members the location of these two junctions on a map and explained that a Highways Assessment had been submitted and was currently out for public consultation.

The Committee was advised that the Officer recommended that Members resolve that they would have refused planning permission, had the non-determination appeal not been made, for the reasons set out in Paragraph 335 of the report and the dis-benefits of development identified in Tables B and, potentially, Table C.

Councillor David Bowman moved that the Committee resolve that they would have refused planning permission, in line with the Officer recommendation, subject to an update being provided to the December 2016 meeting of the Committee.  This was duly seconded by Councillor Simon Cole.

With the vote being unanimous, it was resolved that:

The Development Control Committee WOULD HAVE REFUSED PLANNING PERMISSION had the non-determination appeal not been made, for the reasons briefly set out at Paragraph 335 of the report and that the dis-benefits of development identified in Table B (and potentially, Table C) significantly and demonstrably outweigh the benefits identified in Table A.

The Head of Planning and Growth be authorised to:

I.     Defend the decision of the Development Control Committee at the forthcoming public inquiry;

II.   Remove or add to the reasons for refusal (including adding or removing issues as set out in Tables A and B above) in response to new evidence, information or amendment in the run up to and during the forthcoming  public inquiry;

III. Appoint an advocate and expert witnesses to present the Council’s case to and defend its reasons for refusal at the forthcoming public inquiry;

IV. Agree a ‘Statement of Common Ground’ with the appellant and any other ‘Rule 6’ Party confirmed by the Planning Inspectorate as participating in the appeal;

V.   Suggest conditions to be imposed upon any grant of planning permission should the Planning Inspector (or Secretary of State, as may be the case) resolve to allow the appeal; and

VI. Provide an update report to the Development Control Committee in December 2016.

Councillor Ruth Allen left the meeting at 7.05pm during the preliminary discussion of this item and prior to the voting thereon.