Agenda item

Outline application (with all matters reserved) for a village recreation hall, all weather tennis court, parking, access and erection of six houses (Resubmission of 19/08877/OUT).

Note: The meeting adjourned for a break at 5.05pm and then resumed at 5.12pm.

Public Participation

Andrew Miles spoke in support of the application.

David Pembridge spoke in support of the application.

Councillor Kevin Johnson spoke on behalf of Latton Parish Council.

Development Management Team Leader, Lee Burman, presented a report which outlined an application (with all matters reserved) for a village recreation hall, all weather tennis court, parking, access and erection of six houses (Resubmission of 19/08877/OUT).

Details were provided of the site and issues raised by the proposals, including the principle of development, heritage assets, character and appearance, flood risk and drainage, transport and access, ecology, archaeology and community facilities.

Attention was also drawn to the late items agenda supplement, which provided a revised plan showing a reduced red line boundary area.

Members of the Committee had the opportunity to ask technical questions regarding the application. Details were clarified that it was not recommended by the Officer that the application should be deferred, with the applicant already having had an opportunity to provide a detailed archaeological assessment. When queried about why the archaeological assessment had not been forthcoming, it was suggested that this could have been related to finances. It was also clarified that the Parish of Latton has provided a local plan and that the small village does not feature a settlement boundary.

Further technical questions included who the existing provision was owned by, to which it was clarified that this was the Diocese of Bristol. It was additionally noted that regarding the surroundings, the area consisted of a mixed age of buildings, including a number that were listed. It was also clarified that it would not be possible to set a condition regarding the archaeology assessment.

Members of the public then had the opportunity to present their views to the Committee as detailed above.

The Local Unitary Member, Councillor Bob Jones MBE then spoke regarding the application. Councillor Jones provided the Committee with a slide show, providing an overview of the Parish of Latton as well as of the character and appearance of the village and its location. The overview also included reference to two listed buildingsand a listed cross, which though the report identified as potentially being harmed within the report, this would be less than substantial. Councillor Jones also cited some of the benefits to accepting the application, such as providing 6 properties as well as an outstanding financial contribution to the local community; further adding that the current village hall had declined and would need £150,000 of funding to restore.

Councillor Jones noted that if granted, the application would in regard to planning balance, provide benefits to local residents, such as physical wellbeing through the tennis courts as well as being a development in the centre of the village. A potential reason to approve the application was cited as being the lack of a 5-year housing land supply.

At the start of the debate a motion to reject the officer’s recommendation was moved by Councillor Dr Brian Mathew and seconded by Councillor Gavin Grant. The reason being that tilted balance had been engaged by a lack of 5-year housing land supply, a lack of an up-to-date housing needs assessment as well as the potential benefits of the application outweighing the harm. An amendment was accepted by both Councillor Gavin Grant and Councillor Dr Brian Matthew to delegate authority to the Head of Development Management to grant outline planning permission subject to conditions.

During the debate the issues included that a key concern regarding the application was the archaeological dig and whether it would be possible to make a decision without the detailed assessment. The potential of including a condition to fulfil the offer made by the developer to undertake the archaeological dig was discussed; it was however noted that this wouldn’t need to be conditioned but rather set as a potential resolution to prompt completion prior to determination and issue of the outline decision. Additionally, the balance of the potential benefits and harms of the application were discussed, with the support for the application from local residents and Member acknowledged.

Other issues included that the Parish Council of Latton was praised for its active work in attempting to bring forward a community asset such as the application in question. It was recognised that this was potentially a rare opportunity for Latton, that might not be repeated. The potential of conditioning the 6 properties to restrict use until the opening of the village hall was considered, as well as that in person the sensory experience of the site would be different, with a lot of noise from the nearby A419. The importance of neighbourhood plans was mentioned, with the need for local plans to be kept in tact in order to develop areas how residents wanted them to be.

Dorcas Ephraim the Council’s Senior Planning Solicitor clarified that the some of the benefits to accepting the application, such as the proposed outstanding financial contribution to the local community did not meet one of the tests for planning obligations- fairly and reasonably related in scale and kind to the development and so contrary to paragraph 57 of National Planning Policy Framework, 2021, and Regulation 122 of the Community Infrastructure Levy Regulations 2010 (as amended).

During debate it was clarified that further submissions could be made prior to determination to address such matters.

At the conclusion of the debate, it was,

Resolved:

To delegate authority to the Head of Development Management to grant outline planning permission subject to:

(i)   The completion of an archaeological field evaluation;

(ii)  The submission of a Viability appraisal and costs assessment for the development including village hall replacement and proposed financialcontribution;

(ii)  The completion of a s.106 agreement within six months of the date of this resolution. In the event that the applicant makes clear that they will not complete, sign and seal the required section 106 agreement within the defined timeframe to then delegate authority to the Area Development Manager to REFUSE planning permission for the reason set out below. This alternate provision to be subject to consideration of any other factors outside the control of the applicant and the Council that may result in unavoidable delay. If such circumstances are assessed by officers to arise then to allow for completion of the agreement after the 6-month period under delegated authority: -

The proposal does not provide for the delivery of the necessary and proposed infrastructure (e.g., village hall, tennis court and maintenance and management) required to mitigate the direct impacts of the development and thereby fails to comply with CP3, Regulation 122 of the Community Infrastructure Levy Regulations 2010 and paragraph 57 of the National Planning Policy Framework.  to secure provision of the village hall, car park and tennis court in advance of the six houses; and

(iii) Appropriate conditions prepared by officers.

Such conditions would include, but not be limited to the following:

•   Approval of the reserved matters (i.e., access, layout, scale, appearance and landscaping);

•   Detailed design and maintenance of surface and foul water drainage systems;

•   Prevention of works within 5m of the strategic water main;

•   Details of the tennis court enclosure;

•   Details of noise attenuation measures;

•   Any additional archaeological work;

•   An ecological enhancement scheme; and

•   A lighting strategy.