Agenda item

A report by the Area Development Manager is attached.

Consideration was given to a report by the Area Development Officer which advised Members of the receipt of an appeal against the decision to refuse planning permission for a care village at Quakers Walk, Roundway, Devizes made by this Committee at its meeting on 15 March 2012.

The Area Development Manager explained that since the decision made on 15 March, the Government had published its National Planning Policy Framework (NPPF) which replaced the previous planning policy statements which this Committee took into account when determining the application.  It also replaced the draft NPPF to which only limited weight could be given at the time the decision was made.  It was noted that the Planning Inspector would no longer have regard to any of these documents and would instead have regard to the NPPF, the policies of the Development Plan and any other material considerations.

The Committee was informed that it could not reverse its earlier decision on this application as it had already determined it.  The decision making power on this application now rested with the Secretary of State through his Planning Inspector and the appeal would continue unless withdrawn by the appellant.   The Council could proceed with its reasons for refusal at appeal but, if it did so, would need to produce substantive evidence to justify its decision.

However, the Committee could decide to withdraw its objections to the scheme at any time. In such circumstances, the appeal would still proceed and third parties would be able to present their views on the application but the length and cost of the appeal could be substantially reduced.  Members were advised that if this action was to be taken that such a decision was made as early as possible to avoid the appellants in unnecessary costs in providing evidence to challenge the Council’s grounds for refusal.

The Area Development Manager also referred to the Council’s recent experience of costs awarded by Planning Inspectors and, in particular, two substantial cost awards where the Planning Inspector had found that the Council’s reasons for refusal had no substantial evidence to back up the reasons for refusal that it put forward.   

He then stated that officers had examined the three reasons for refusal as determined by this Committee at its meeting on 15 March and explained in each case how the reasons would not demonstrate any substantial evidence as would be required by the Planning Inspector.

The Committee then received details of several questions which had previously been submitted by Mr John Kirkman, Chairman of the CPRE Kennet Branch together with responses which were read out at the meeting and copied to Mr Kirkman.

Statements in objection to the Committee’s reasons for approval were received from the following members of the public:-

Mrs Judy Rose, representing Quakers Walk Protection Group

Mr Rick Rowland, Chairman, DCAP Housing & Built Environment Thematic Group

Mr John Kirkman, Chairman, CPRE Kennet Branch

Mr Tony Sedgwick, Traffic Advisor, Trust for Devizes

Cllr Chris Callow, Chairman, Roundway Parish Council

The views of Cllr Nigel Carter, Member for an adjoining Division.

On hearing the views of Cllr Laura Mayes, the local Member and after a full discussion,

Resolved:

To advise the Planning Inspector that, in the light of the changed circumstances brought about by the NPPF and a review of the reasons put forward, the Council no longer wishes to pursue the reasons put forward for refusing the application.

(The Committee had agreed to a recorded vote which was as follows:-

Those in favour of the Motion

Cllr Trevor Carbin, Cllr Richard Gamble, Cllr Charles Howard, Cllr Jemima Milton and Cllr Christopher Williams.

Those against the Motion

Cllr Jane Burton, Cllr Chris Humphries and Cllr Laura Mayes.)