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 any completed and pending appeals as per the appeals report included within the Agenda Pack.

Members were informed that two appeals had been determined, both of which were lost. It was noted that Application 20/11515/OUT, Land South of Sandhole Lane, Westbury, was well publicised and the appeal had gone to public enquiry at the end of 2021. The decision had been defended by the former Development Management Head of Service for Wiltshire Council, but the appeal was allowed with the Planning Inspector applying paragraph 11 of the National Planning Policy Framework (NPPF) and gave significant weight to the current housing land supply deficit. The result of the second appeal (Applications 21/02064/FUL & 21/03603/LBC, Manvers House, Bradford on Avon) was noted and it was explained that the Inspector had not agreed with the arguments citing heritage harm and neighbouring impacts. However, officers highlighted that neither appeal resulted in any costs against the Council.

Members raised concerns residential schemes being allowed at appeal on the basis of a lack of a land supply and questioned whether the issue should be raised to Cabinet. Officers shared the concern and advised members that the appeal decisions were very disappointing. It was further noted that officers were still awaiting the publication of the updated annual five-year land supply statement from the Spatial Planning team. Members expressed disappointment with the situation, and in particular, the Sandhole Lane appeal. The move away from assessing residential schemes against market areas towards assessing housing situations against Wiltshire as a whole was discussed and officers again reiterated that they were still awaiting publication of the updated housing supply statement.

Officers highlighted that a complaint could be submitted to the CEO of the Planning Inspectorate. It was noted that any judicial review would have had to been lodged within 6 weeks of the decision and it would have to demonstrate that the Inspector made an unlawful decision, not just one that Members/the Council disagreed with.

Members heard from Cllrs Gordon King and Matthew Dean who expressed great disappointment in the appeal decision at Sandhole Lane and volunteered to assist in drafting any complaint letter.  Members also heard that regular meetings were being held between the Leader and the Rt Hon Michael Gove MP alongside Andrew Murrison MP with respect to the Government policy on the five years housing land supply, and appeals being allowed against adopted local plans and made neighbourhood plans.

Kenny Green advised members that he had experience in making a complaint to the CEO of the Planning Inspectorate for previous appeal decision making and explained that the Council could send a complaint for the Sandhole appeal and invited Cllr King to submit his concerns in writing to be included within a formal letter of complaint that would carry the name of the service director.

Cllr Stewart Palmen moved that the Council should complain in writing to the CEO of the Planning Inspectorate through the route explained by officers with regard to the appeal decision for Application 20/11515/OUT, which Cllr David Vigar seconded.

Cllr Antonio Piazza suggested an amendment to the motion which included that the Secretary of State and local MP, Andrew Murrison, should be included within all correspondence for their awareness. Cllrs Palmen and Vigar as proposer and seconder agreed to the amendment. After this a vote was taken on the motion following which, it was:

Resolved

The Committee noted the appeals report for the period 4 February 2022 to 25 February 2022.

The Committee resolved that a formal complaint be written by Kenny Green, to the CEO of the Planning Inspectorate with regard to the appeal decision for 20/11515/OUT. It was agreed the letter would be based upon input received from Cllr Matthew Dean and Cllr Gordon King. Additionally, that both the Secretary of State and local MP, Andrew Murrison, be notified and included within the process.