Erection of one dwelling with detached domestic garage, and formation of vehicular access (outline application to include access, layout and scale, but with matters of appearance and landscaping reserved).

At this juncture, the Principal Planner read out the following statement following the successful High Court challenge to the November 2014 Ministerial Statement on Affordable Housing Contributions:

“Last November planning minister Brandon Lewis announced the new policy on affordable housing provision in a ministerial statement.  This advised that planning authorities should no longer seek affordable housing contributions through section 106 agreements on residential developments of 10 homes or fewer and 5 homes in designated rural areas.

Two Berkshire councils lodged a High Court challenge to the Ministerial Statement which succeeded last week.  The High Court Judge agreed with the councils that the consultation process over the policy had been unfair and unlawful.  He argued that there was a failure to take into account “obviously material” considerations, including the full implications for the supply of affordable housing land.  The Government has now withdrawn the Ministerial Statement and the associated National Planning Practice Guidance on this issue.

Shropshire’s affordable housing policy is set out in Core Strategy Policy CS11 and detailed further in the adopted supplementary planning document on Type and Affordability of Housing.  Some agents had cited the Ministerial Statement as justification for not entering into affordable housing agreements in Shropshire.  However, in the wake of the Ministerial Statement the Council’s Cabinet resolved to maintain its existing affordable housing policy pending the outcome of the High Court challenge.

The Judge’s decision has an immediate effect on developers’ negotiations.  Accordingly, all qualifying housing proposals in Shropshire will continue to be subject to an affordable housing contribution under Policy CS11.  The Department for Communities and Local Government has advised that it will be seeking permission to appeal against the decision.”

The Principal Planner introduced the application and with reference to the drawings and photo montage displayed, he drew Members’ attention to the location, layout and elevations.  He confirmed that Members had undertaken a site visit that morning and had viewed the site and assessed the impact of the proposal on the surrounding area.

Members noted the additional information as set out in the Schedule of Additional Letters circulated prior to the meeting which detailed comments from a member of the public.

Mr M Green, a local resident, spoke against the proposal in accordance with the Council’s Scheme for Public Speaking at Planning Committees.

Ms A Henson, the agent, spoke for the proposal in accordance with the Council’s Scheme for Public Speaking at Planning Committees.

In accordance with the Local Protocol for Councillors and Officers dealing with Regulatory Matters (Part 5, Paragraph 15.1) Councillor Heather Kidd, as local Ward Councillor, made a statement and then left the room, took no part in the debate and did not vote on this item.  During her statement, the following points were raised:

·         She supported the Parish Council’s views on this application, given that it accorded with the Parish Plan;

·         The reservations expressed by the local ornithologist had not been significant; and

·         She considered that the additional traffic generated by one dwelling would not have a significant impact on the crossroads and the positioning of the dwelling in relation to the highway would be acceptable.

In the ensuing debate, Members considered the submitted plans and noted the comments of all speakers.  Members supported the proposal subject to appropriate conditions, and acknowledged that appropriate conditions with regard to landscaping and materials would be added to any permission granted at the reserved matters stage.

RESOLVED:

That, contrary to the Officer’s recommendation, planning permission be granted, subject to appropriate conditions and to the completion of a Section 106 Agreement to secure an affordable housing contribution.