Agenda item

To consider the report of the Chief Planning Officer which sets out a response to the issues raised by Members concerning decisions taken on planning applications when development plan allocations are under preparation.  The report provides the basis for discussions to explore a recent planning permission for residential development of an employment allocation (ref 14/06825/OT).

(Report attached)

The Chief Planning Officer submitted a report in response to issues raised by Members concerning decisions taken on planning applications when development plan allocations are under preparation. The report explored this theme with particular reference to a recent planning permission for residential development of a site at Scott Lane, Morley (AKA Hub 62, Bruntcliffe Road, reference 14/06825/OT) which was previously identified for employment use in the Site Allocations Plan (SAP) Publication Draft.

The report reiterated the Local Planning Authority’s obligation to determine planning applications as submitted and planning permission had been given in November to develop the site for housing within this context. The report outlined the evidence submitted with the planning application which had tested the viability of employment development use more thoroughly.

The Planning Policy Team Leader presented the report and highlighted the key issue of the differences of approach between national and local policy frameworks. It was noted that the current SAP process was identifying new sites for housing and would review the overall employment supply.

Discussion followed using the Morley site as a reference:

·  The weight given to the Unitary Development Plan (UDP) and/or Local Development Framework by plans panels. The Morley site was allocated and utilised as employment land, however justification for a housing development had been presented which appeared to run counter to both documents.

·  The concern that if plans panels took decisions which appeared to be contrary to the Plans/Frameworks established through the Plan making process, then plans panel could be seen to be preventing the Plans and/or Frameworks working effectively.

·  Concern was also expressed that the UDP had suggested a 'green buffer' between employment and residential use and the development of the site for residential had removed that buffer

In response officers explained that, having considered detailed evidence from the District Valuer, the plans panel had accepted that the Morley site was not viable and hence not deliverable; and as such was not safeguarded by Policy EC3 as set out in the report. In addition, officers reiterated that the Morley site was regarded as an unusual one, as the site was owned by a housing developer and evidence suggested that the site had not been utilised formally for employment since the UDP had been adopted in 2001. The decision of the plans panel was not regarded as having set a precedent.

Reference was made to that part of the National Planning Policy Framework which suggested that "planning policies should avoid the long term protection of sites allocated for employment use where there is no reasonable prospect of a site being used for that purpose"

(Councillor Walshaw withdrew from the meeting for a short time at this point)

There was general acknowledgement that determination of planning applications could not be delayed whilst overarching Frameworks/Plans were developed

(Councillor J McKenna withdrew from the meeting for a short while at this point)

The Panel received assurance that any changes and/or permissions which affected the 5 year land supply figures would be taken into account during the Site Allocation Plan process.

RESOLVED – That the contents of the report and the comments made by the Panel be noted

(Councillor Coulson left the meeting at this point)