Development Control Committee
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DEVELOPMENT CONTROL COMMITTEE 9 JANUARY 2020 COUNCILLORS’ ADDITIONAL PAPERS INDEX OF DOCUMENTS CIRCULATED AFTER PUBLICATION OF THE AGENDA 1. Speaking Commitment (Page 2) 2. Item 6 – 19/02988/CLUP – Land North and West of Wavendon Business Park, Ortensia Drive Officer Update (Page 3) 3. Urgent Item - Claim for Statutory Review of Hanslope Appeals – Update 4. The Chair has determined that the item at pages 4 to 5 should be considered by the committee do to its urgent nature. (1) SPEAKING LIST DEVELOPMENT CONTROL COMMITTEE – 9 JANUARY 2020 ITEM TITLE REQUESTS TO SPEAK IN OBJECTION TIME RIGHT OF REPLY TIME NO. ALLOCATED OR SPEAKERS IN ALLOCATED FAVOUR 6 - 19/02988/CLUP Land North And West of Mr T Taylor 3 Mins TBA 6 Mins Wavendon Business Park, Councillor D Hopkins (Ward Councillor) 3 Mins Ortensia Drive, Wavendon Gate Milton Keynes (2) ITEM 6 Application Number: 19/02988/CLUP Description Certificate of Lawful Development (Proposed) for implementation of planning permission 15/02337/OUT and reserved matters application 18/01304/REM without compliance with condition 14 of reserved matters approval under reference 18/01304/REM. At Land North And West of Wavendon Business Park, Ortensia Drive, Wavendon Gate Milton Keynes For Mr George Harkins, Abbey Developments Limited, Abbey House, 2 Southgate Drive, Potters Bar, EN6 5DU Statutory Target: 03.01.2020 Ward: Danesborough And Walton Parish: Wavendon Parish Council Report Author/Case Officer: David Buckley Senior Planning Officer Contact Details: 01908 25 3393 [email protected] Team Manager: Sarah Hine Development Management Manager [email protected] 1.0 UPDATE PAPER Revised Recommendation 1.1 It is proposed that Recommendation A is revised as follows: It is recommended that permission is refused due to the fact that non-compliance with condition 14 will cause a detrimental effect to the continued operation of The Stables and to protect the residential amenity of future residents from operational noise at The Stables. 1.2 No other changes proposed to the report 1 (3) Claim for Statutory Review of Hanslope Appeals – Update Nazneen Roy 01908 253262 [email protected] Purpose To update Councillors on the claim for statutory review that was filed with the High Court concerning the Planning Inspectorate’s decision dated 26 September 2019 in respect of the joint appeal in Hanslope namely, land off Castlethorpe Road, Hanslope (18/01625/OUT) and Malt Mill Farm, Castlethorpe Road, Hanslope (18/00724/FUL). Background At the Development Control Committee on 10th October 2019 members resolved to pursue a legal challenge against the Planning Inspectorate’s appeal decision of 26th September 2019 (the Decision) which put into question whether the Council could demonstrate a 5 year housing land supply. This legal challenge is known as a statutory review and is made pursuant to section 288 of the Town and Country Planning Act 1990; but has internally been referred to as the Judicial Review. The claim was submitted within time of the 6 week deadline to challenge the Decision. Members were previously informed that in accordance with Civil Procedure Rules, the papers that were served on the Secretary of State should instead have been served on the Government Legal Department, as the Solicitor to the Secretary of State. At the time, officers sought advice from Counsel and were advised that this was not a failure to comply with the statutory requirements of section 288 TCPA 1990, but rather a procedural irregularity which is capable of being remedied. This was duly remedied and officers applied to the High Court to retrospectively extend the time for service of the papers on the Government Legal Department, the Solicitor to the Secretary of State. Outcome The Council received the Court Order on 19 December 2019 and permission for the statutory review was refused. (4) The Council’s application to extend the time for service on the Solicitor to the Secretary of State was allowed; therefore the procedural irregularity did not impact the statutory review claim. In respect of the substantive statutory review claim, the Council’s challenge concerned the Inspector’s reasoning in the Decision in respect of the Council’s housing land supply. The Council’s position was that: a) The Inspector failed to give sufficient reasons for his decision that the housing land supply available to the Council was 4.4 years; and b) That the Inspector’s approach to the discount for optimism bias may have resulted in an element of double-counting. The Judge did not consider that the appeal was arguable. The Judge stated that overall, “the Inspector’s decision on housing land supply is intelligible and understandable. The decision identified the optimism bias discount Inspector considered appropriate.” Going further, the Judge found that the basis on which the Inspector reached his conclusion that the supply available to the Council was 4.4 years was readily apparent and that there was no substance in the Council’s double counting argument. A costs order was made in favour of each of the three defendants. The Court Order did allow an opportunity to renew the application for permission for a statutory review within 7 days of receipt of the Court Order, by 27 December 2019. Counsel advice was sought at the time and officers were advised that any claim would be unlikely to get permission at renewal. An application to renew was therefore not made. Despite the above outcome, the Council is maintaining that it has a 5 year housing land supply which was established by the planning appeal for The Globe, 50 Hartwell Road, Hanslope (18/01968/FUL). Officers have prepared and submitted evidence defending this position at other planning appeals, including the public inquiry that is due to commence on 14th January 2020 for the development of up to 203 dwellings at Land North of Cranfied road, Woburn Sands (16/00672/OUT. Nazneen Roy Principal Solicitor (5).