Agenda item

To receive details of completed and pending appeals and other updates as appropriate.

The Chairman invited Kenny Green, Development Management Team Leader, to update the Committee on the pending and determined appeals as per the appeals report included within the Agenda Pack.

Before doing so, Members were informed that on 19 December 2023 (the day prior to the Committee meeting), the Government had published an updated National Planning Policy Framework (NPPF) which included a number of revisions which materially impacted Wiltshire Council’s decision-making processes. The main implications of the changes were detailed as below:

·       The Government had recognised the benefits of a plan-based system and the new NPPF set out the importance for preparing and maintaining up to date plans which should be seen as a priority in meeting the objective of providing sufficient housing.

·       The Government had made a significant revision insofar as the housing land supply requirement. For Wiltshire Council, in reaching a critical advanced stage in the preparation of the new Wiltshire Local Plan (Regulation 19), instead of the previous 5-year housing land supply, the Council were now required to demonstrate a 4-year supply.

·       Separate to the above, the new NPPF removed the requirement on Councils to demonstrate a rolling 5-year housing land supply if:

a)    their Local Plan was less than 5 years old; and

b)    the Plan, when adopted, demonstrated a 5-year supply.

·       The Government had also confirmed that the standard methodology for housing need was only an “advisory starting point”, and Councils did not necessarily have to follow it when making their Local Plans.

·       The Government also chose not to implement the consulted upon potential changes to the Green Belt.

It was also confirmed to Members that discussions were ongoing with Legal Officers to fully analyse and understand the implications and subsequent course of action for any pending planning applications affected by the new iteration of the NPPF before issuing a decision. Furthermore, it was explained that for pending appeals, officers would anticipate that the Planning Inspectorate would contact the Council, and all other relevant parties, to produce an up to date understanding of the NPPF position and its effect for each appeal.

In response to queries from Members, clarification was given on where the Green Belt lay within Wiltshire, and it was confirmed that a Member briefing note would be drafted by the Spatial Planning Team, and would be circulated as soon as possible in the New Year.

Mr Francis Moreland then presented a statement to the Committee under public participation, which focussed on the revisions to the NPPF, and he expressed the importance and legal basis for reviewing, and where appropriate, re-assessing and bringing back fresh reports to Committee for all relevant planning applications and appeals in light of those changes.

Mr Green then updated the Committee on the appeals report as per the Agenda Pack, with particular attention being drawn to the successful defence of the appeal for application PL/2021/10237, pertaining to the demolition of an existing care home at Staverton. The Committee was congratulated in refusing the application and by identifying the material harm the proposal would have upon immediate neighbours, which the appeal inspector agreed with and identified as being the most significant matter, which outweighed all the benefits of the proposal.

The appeal decision for application PL/2023/01435 was then highlighted which related to the reinstatement of permitted development rights for application 15/10329/FUL, which went against the Council, and which may result in structures within the significant domestic curtilage being ‘permitted development’ in the future, ie: development not requiring the express permission from the Local Planning Authority.

Finally, Councillor Trevor Carbin highlighted an error in the appeals report in which it stated that the officer recommendation for application PL/2021/10237 was refusal instead of approval.

After which, it was:

Resolved:

The Committee noted the appeals report for the period 10 November 2023 to 8 December 2023.

Post Meeting Note:

As a postscript Committee minute, it should be noted that the Government subsequently corrected the 19 December 2023 iteration of the revised NPPF on 20 December 2023, when the Committee meeting was taking place. The 20 December 2023 NPPF removed a section from Paragraph 14. The following quote was taken from the Government update which can be accessed here: National Planning Policy Framework - GOV.UK (www.gov.uk)

“Paragraph 14b has been amended to remove text that was not intended to be included in the published version on 19 December. The text removed read: where that requirement has been identified within five years or less of the date on which the decision is made.”

What was presented to the Committee was the 19 December 2023 iteration. To avoid any misunderstanding, the corrected NPPF on 20 December 2023 revised Paragraph 14, pursuant to made neighbourhood plans, which is set out below as a further postscript Committee minute:

“14. In situations where the presumption (at Paragraph 11d) applies to applications involving the provision of housing, the adverse impact of allowing development that conflicts with the neighbourhood plan is likely to significantly and demonstrably outweigh the benefits, provided the following apply:

a)    The neighbourhood plan became part of the development five years or less before the date on which the decision is made; and

b)    The neighbourhood plan contains policies and allocations to meet its identified housing requirement (see Paragraphs 67-68)”