Minutes:
The Committee considered the exempt report and the exempt update report of the Head of Planning and Development regarding the appeal against the Planning Committee’s decision to refuse application MA/13/2197 and the Committee’s decision that, notwithstanding Counsel’s Opinion in relation to the likely prospects of success, the Council should not defend reason for refusal 2 relating to the level of affordable housing but should continue to defend reason 1 relating to the loss and deterioration of ancient woodland at the forthcoming Public Inquiry. It was noted that in accordance with paragraph 27.3 of Part 4 of the Council’s Constitution and paragraph 17 of the Local Code of Conduct for Councillors and Officers Dealing with Planning Matters, both relating to planning decisions which have significant cost implications, this decision of the Planning Committee had been referred to the Planning Referrals Committee by the Head of Planning and Development upon the advice of the representative of the Head of Legal Partnership.
The Committee also considered Counsel’s detailed Opinion. This Opinion was circulated at the meeting to Committee Members and Visiting Members under strict terms and all copies were returned to the representative of the Head of Legal Partnership after consideration.
RESOLVED:
1. That in the matter of the appeal against the Planning Committee’s decision to refuse application MA/13/2197, and having regard to (a) the provision of new evidence and (b) Counsel’s Opinion in relation to the likely prospects of success at appeal, the Council should not defend reason for refusal 2 relating to the level of affordable housing at the forthcoming Public Inquiry.
Voting: 3 – For 0 – Against
FURTHER RESOLVED:
1. That in the matter of the appeal against the Planning Committee’s decision to refuse application MA/13/2197, and having regard to (a) the provision of new evidence and (b) Counsel’s Opinion in relation to the likely prospects of success at appeal, the Council should not defend reason for refusal 1 relating to the loss and deterioration of ancient woodland at the forthcoming Public Inquiry.
2. That the Head of Planning and Development be requested to seek to achieve, through the Statement of Common Ground, a single vehicular access or an alternative vehicular access to the development which avoid the woodland and also the removal of the footways from the woodland buffer zone.
Voting: 2 – For 1 - Against
Supporting documents: