Agenda item

Members are requested to consider the report of the Chief Planning Officer which sets out the reasons for refusal of an application heard at the 11^th April 2019, North and East Plans Panel, for alterations to boundary wall, the creation of access and the construction of 1 replacement vicarage and 6 dwellings with associated hard and soft landscaping at 86 High Street, Boston Spa, Wetherby, LS23 6EA.

(Report attached)

The report of the Chief Planning Officer set out suggested reasons for refusal for Members consideration.

This planning application and applications for listed building consent were considered at the North and East Plans Panel on 11^th April 2019. Both applications carried a recommendation for approval. Members resolved not to accept the officer recommendations for approval and that each application should be refused. Minute 103 refers.

Members were advised that Cllr. Anderson had emailed to suggest that the wording for the resolution did not accurately reflect the Panel resolution in respect of minute 103. Members heard his suggested wording and the suggested wording of the Group Manager and it was the agreement of the Panel that the following accurately reflected the resolution of the Panel in respect of Minute 103

(i)  Members resolved not to accept the Chief Planning Officer recommendation to grant planning permission and listed building consent and that both applications should be refused.

(ii)  That determination of the applications(s) be deferred to allow the Chief Planning Officer to prepare and bring back detailed reasons for refusal based on the following for Members to consider: with the rest of the resolution to remain the same

The minutes of the meeting held on 11^th April 2019, were amended to reflect the change.

Members were also advised of 3 more representations which had been received in respect of this application with the following comments made:

·  Officers not to overturn the resolution

·  Officer report was biased

Members were informed of the following points:

·  This site is unallocated in the SAP;

·  The Constitution sets out that reasons for refusal should be presented to the Panel and that it is appropriate for officers to provide advice on the implications of refusal;

·  The role of officers is to offer impartial advice, to look at all the issues in relation to policy etc;

·  A refusal on grounds relating to highway safety and housing mix would be difficult to substantiate at appeal and therefore the council would be at risk of costs award against at. Officer would be confident of being able to present a case at appeal for reasons relating to harm to heritage interest in light of Historic England;

·  This type of report is usually presented as a confidential report. However, it was the view that it may look as though the Panel had gone behind closed doors and therefore the report is presented to Panel as open;

·  Since publishing the agenda the applicant has offered in principle a revised scheme with amendments proposed as;

o  Change the design of the scheme remove Plot 1 and replace with 2 units 1 unit a 2 bed property the 2^nd unit a 3 bed property;

o  A financial contribution to Boston Spa Highways traffic management fund

·  Statutory consultation would be required should new proposals be the preferred option.

Members discussed the following:

·  Housing mix;

·  Highways issues;

·  How much weight is given to Neighbourhood Plan and how information is provided to members in reports;

·  Lack of consultation;

·  Use of magnesium limestone in build of properties to stay in keeping with the character of Boston Spa;

·  Listed Wall had originally had iron bars on top of it and the suggestion that this could be considered by the applicant;

·  Weight to be given to Historic England.

Some Members who had taken part in the previous vote indicated that they would wish to consider the option to defer and delegate as per the amendment proposed by the applicant.

RESOLVED – To grant planning permission and listed building consent.

The grant of the listed building consent is subject to the prior notification of the intention to grant to the Secretary of State.

Approval of the applications was delegated to officers subject to further negotiations with the applicant to;

·  Replace plot 1 with a 2 bed and a 3 bed unit

·  Secure a contribution of £10K towards the Boston Spa Traffic Management Scheme Fund.

The revised scheme to be subject to appropriate technical statutory consultation and local publicity. If as a result of the local publicity of the receipt of the revised plans significant and new material planning considerations are raised then the applications will be reported back to Plans Panel for determination.

As part of the negotiations officers are to see if the railings to the front boundary wall can be re-instated.

Members also requested that future Panel reports clearly address how a proposal fits with an adopted Neighbourhood Plan in the appraisal section of that report.