Agenda item

Reserved Matters Application for erection of dwelling (appearance, layout, scale and landscape only)

The Committee approved the application subject to the Conditions anf Informative set out in the report from the Planning and New Communities Director.

Councillors attended a site visit on 2 February 2016.

Councillor Brian Burling (a Committee and Local Member) was currently the subject of a complaint made against him by the applicant but in a neighbouring Parish and unrelated to the current application. Legal advice had been sought, and given to the effect that Councillor Burling should withdraw from the Chamber (or at least to the public gallery) during consideration of this item, take no part in the debate, and refrain from voting. Councillor Burling expressed unease at the suggestion that he could not be objective in the circumstances. The Senior Lawyer read out a long e-mail sent by him to Councillor Burling, stating the applicant’s entitlement to Natural Justice and for Committee members to be fair and impartial. The key issue to be addressed was the perception of bias. The Senior Lawyer advised the Chairman that, should Councillor Burling remain present in the Chamber or otherwise not retire to the public gallery, it would be unsafe to continue and she should immediately defer the item.

Councillor Deborah Roberts said that comments relating to the investigation into the complaint should have been made in confidential session.

The Senior Lawyer categorically denied that Councillor Burling’s integrity was being called into question. He stressed again that the advice given was based solely on the perception that Natural Justice had been infringed upon.

Councillor Anna Bradnam said that Members must be trusted, but that due notice must also be taken of the advice given by the Senior Lawyer.

Councillor Philippa Hart called the situation regrettable, and said it could encourage vexatious complaints against Councillors in the future.

The Head of Development Management said the aim should be to minimise risk to the Council.

The Senior Lawyer re-iterated that the applicants were entitled to, and needed to be reassured about, a fair hearing.

Councillor Burling expressed relief that his integrity was not being called into question. He backed his chair away from the table, but did not withdraw from the Chamber or retire to the public gallery. He did not take any part in the substantive debate, and did not vote. The Chairman accepted Councillor Burling’s stance, and did not insist on him removing himself from the body of the Chamber.

Councillor Roberts described the pressure applied to Councillor Burling as not fair, and voluntarily withdrew from the Chamber. She took no further part in the consideration of this item, and did not vote.

Ian Leyshon (objector) and Councillor Geoff Twiss (Over Parish Council) addressed the meeting. Mr. Leyshon referred to a boundary dispute with the applicant, the proposed removal, by the applicant, of trees within the ownership of Mr. Leyshon, highway safety, and visibility issues. Councillor Twiss referred to an error in plotting the boundary on the road side of the application site. He also referred to the disputed land ownership.

The Senior Lawyer reminded the Committee that the question of property rights, and the accuracy of the Land Ownership Certificate given, was one for the courts, or some other adjudicator, to determine, and was not a material planning consideration that the Local Planning Authority could take into account. He referred the Committee to Condition 7 imposed by the Inspector when determining the Appeal against refusal of Outline consent in favour of the Appellant. This required a two-metre by two-meter visibility splay.

Councillor Robert Turner thanked Councillor Burling for the manner in which he had conducted himself, and urged Members to restrict their views to the current Reserved Matters application.

The Committee approved the application subject to the Conditions and Informative set out in the report from the Planning and New Communities Director.