Agenda item

Town and Country Planning Act 1990

Erection of 36 three and four bedroom dwellings with associated landscaping, car parking and access from Heckenhurst Avenue

Land West of Heckenhurst Avenue Brownside Burnley

Prior to the vote on the resolution to refuse the planning application the Committee was advised by the Head of Housing and Development Control that the Committee would not have delegated authority to pass such a resolution as this would be a decision that, in his professional opinion, was substantially contrary to the Local Plan and Local Plan Policies.

The Committee was further advised that, under the Council’s constitution, the Committee did not have delegated powers to pass a resolution to refuse as this would be a decision that was substantially contrary to the Local Plan. The vote to refuse would be taken but, if carried, it would have no effect. The decision would be referred to the Head of Legal and Democratic services to confirm in writing within five working days after the decision of the Committee, in consultation with the Chair, whether she agreed with the view of the officers. If she agreed that the decision was substantially contrary to the local plan it would be referred to the Full Council for determination.

The Committee was advised by the Legal Advisor that any decision taken in this matter must be based on, and only on, proper planning grounds reflecting their planning judgment of the case. Their officers had advised fully in relation to the relevant material considerations and policy background and members should consider that advice carefully. Whilst they were not bound to follow that advice, in any appeal proceedings arising out of the decision they made, the Council would be expected to produce evidence to substantiate each reason for refusal, by reference to the Development Plan and all other material considerations. If the Council failed to, or could not do so, then costs may be awarded against it.

The Legal Advisor reiterated that members were not bound to adopt the professional or technical advice given by their own officers or received from statutory bodies or consultees. However, they would be expected to show that they had reasonable planning grounds for taking a decision contrary to such advice and were able to produce relevant evidence to support their decision in all respects. If the Council were to fail to do so, it may be liable to have costs awarded against it. Whether or not a costs order may, or may not, be made and how much that may, or may not, amount to, was, however, not a material consideration and was therefore not something members should be considering in deciding whether planning permission should be granted or not.

On several occasions the Head of Housing and Development Control asked members who were minded to refuse the application to provide detailed reasons why they believed the application did not meet Local Plan Policies IC1, IC2 and IC5.

DECISION

The resolution to refuse planning permission was carried and the reasons provided were: the application did not meet the requirements of Burnley’s Local Plan 2018 policies IC1 Sustainable travel and IC2 Managing transport and travel impacts and IC5 Protection and Provision of Social and Community Infrastructure.

1.     The social infrastructure within the local area, including the provision of school places and health care facilities, is unable to cater for the cumulative impacts of development in Worsthorne, inclusive of the proposed development, which would adversely affect the delivery of social and community facilities, contrary to Policy IC5 of Burnley’s Local Plan (July 2018). 

2.    The proposed development would fail to deliver sustainable travel and maximise opportunities for the use of sustainable modes of travel by adopting the hierarchy set out in IC1 b) or provide safe and convenient access due to the conditions of Brownside Road which: -

i)   is restricted to one lane in width due to parked cars, thereby compounding issues of congestion and inconvenience to users; and,

ii)  has inadequate footways that do not exist on both sides of the road, reducing the provision of accessible routes between the application site and local and surrounding facilities including bus stops, and the primary school, local shop, church, public houses in Worsthorne village and facilities towards Pike Hill and Burnley town centre.

     The proposed development would therefore lead to unacceptable conditions and reduce highway safety for all highway users, contrary to Policies IC1 and IC2 of Burnley’s Local Plan (July 2018). The risk is heightened for school children, the elderly and those with accessibility issues, who are clearly listed in the Equality Act 2010.

In accordance with the legal advice provided and Part 3 of Burnley Borough Council’s Constitution at Section A.1.a.3 - Delegations to the Development Control Committee, the matter stands referred to the Head of Legal and Democratic Services, who (following consultation with the Chairman (or in his or her absence the Vice Chairman) of the Development Control Committee), will confirm in writing that she agrees with the view of the Head of Housing and Development Control no later than five working days after the day of the meeting, then the matter will be referred to Full Council for determination.