Agenda item

The Head of Planning and Building Control submitted a report inviting the Committee to consider issues relating to a potential appeal in respect of application 3/11/1190/FP, for the erection of a single wind turbine and associated development in Benington.

Councillor S Rutland-Barsby stated that Officers felt that the middle ground, in the form of an informal hearing, was the most appropriate way of dealing with the potential appeal.  Members were reminded of the options for dealing with appeals, i.e. written representations, an informal hearing or a full public inquiry.

Councillor K Crofton, as the local ward Member, stated that the overriding local view was that there should be a full public inquiry to ensure that the gravity of the issues relating to this application were fully addressed.

The Director advised that Councillor N Poulton, as the local ward Member for Watton-at-Stone, had stated that there should be a full public inquiry as the word limits for written evidence at an informal hearing were too restrictive to allow a full airing of all the issues.

The Director advised that although Officers did not have a definitive view, they felt that the most appropriate way forward was an informal hearing.  Members were reminded that the final decision rested with the planning inspectorate and the Authority could only indicate what it felt was the appropriate way forward.

In response to a query from Councillor Mrs R Cheswright, the Director confirmed that, unless there were exceptional circumstances, any evidence brought by the Council must be limited to the reasons for refusal.

Members were advised however that third parties would be in the position of formulating their own cases, which may differ from that of the Council.  At a hearing, the extent to which matters could be addressed was very much at the discretion of the Inspector.

Councillor J Taylor proposed and Councillor S Bull seconded, a motion that, in the event of an appeal against refusal of planning application 3/11/1190/FP, Officers advise the planning inspectorate that the appeal should be addressed by means of a full public inquiry.

After being put to the meeting and a vote taken, this motion was declared CARRIED.

Councillor M Alexander proposed and Councillor S Bull seconded, a motion that the Head of Planning and Building Control be granted delegated authority, in consultation with the Vice-Chairman of the Committee, the Executive Member for Community Safety and Environment and the local ward Members for Walkern and Watton-at-Stone, to make appropriate operational decisions in relation to the appeal, including the sign off of submitted documents and the level and degree of representation.

After being put to the meeting and a vote taken, this motion was declared CARRIED.

RESOLVED – that (A) in the event of an appeal against refusal of planning application 3/11/1190/FP, Officers advise the planning inspectorate the appeal should be addressed by means of a full public inquiry; and

(B)   The Head of Planning and Building Control be granted delegated authority, in consultation with the Vice-Chairman of the Committee, the Executive Member for Community Safety and Environment and the local ward Members for Walkern and Watton-at-Stone, to make appropriate operational decisions in relation to the appeal, including the sign off of submitted documents and the level and degree of representation.