Agenda and minutes

Members are requested to declare the existence and nature of any disclosable pecuniary interests and/or other interests, not already on their register of interests, in any item on the agenda and withdraw from the meeting at the appropriate time.

None.

To consider any other matter which the Chair is of the opinion should be considered as a matter of urgency.

None.

To receive any apologies for absence and notices of substitutions from Members.

Apologies were received from Councillor L Hartshorne.

The Chair to Move:

“That the public be excluded from the meeting during the discussion of the following item of business to avoid the disclosure to them of exempt information as defined in Paragraph 5, Part 1 of Schedule 12A to the Local Government Act 1972”. (As amended by the Local Government (Access to Information)(Variation) Order 2008).

RESOLVED

That the public be excluded from the meeting during the discussion of the following item of business to avoid the disclosure to them of exempt information as defined in Paragraph 5, Part 1 of Schedule 12A to the Local Government Act 1972. (As amended by the Local Government (Access to Information)(Variation) Order 2008).

(Assistant Director of Governance and Monitoring Officer)

The report to Committee explained that a Notice of Motion, to rescind a decision made by Planning Committee at its meeting on Tuesday 22 November 2022, had been received. Committee had resolved that the Council cease to defend its grounds for refusing planning permission to build 397 dwellings at land west of Upperthorpe Road, Killamarsh (Application NED/18/01003). Committee had taken this decision in order to minimise possible costs to the Planning Authority at the forthcoming Public Enquiry into the Appeal against the refusal to grant planning permission (MIN: PLA/58/22-23).

Planning Committee heard the views of the Council’s external legal adviser about the grounds originally put forward by the Committee for rejecting the Application. In particular, Members received his assessment of which of these might be upheld or rejected by the Planning Inspector at a Public Enquiry.

Committee discussed extensively its rejection of the original Application and the reasons why it had felt the proposed development would not be appropriate for the site. Some Members stressed their continued support for this decision. They believed it important that the Council should continue to oppose the development in the interests of local people. They felt that this could be best done by focusing on the two grounds specified at the meeting, where the Council would be able to offer the strongest case for refusing the Application. 

Other Members highlighted their concerns both about the proposed development and the potentially significant costs which the Council might incur if it could not provide robust evidence to support its grounds for refusal during a Public Enquiry on the Appeal. They stressed how this might not be a good use of public money, especially if it was not successful. Some Members reflected on possible outcomes of any hearing and how the Planning Inspector might now approve the Application, with few if any changes, regardless of the Council defence of its original decision to reject the Application on specific grounds.

At the conclusion of the discussion, the Committee was reminded that decisions taken by the Council or its Committees could not normally be revisited or changed until six months had elapsed. However, it was explained that Council Procedure Rule 13.1 (as set out Part Four of the Council’s Constitution) allowed for decisions to be revisited within six months, if the necessary number of Members requested this. The Monitoring Officer confirmed that the required number of Committee had done so.

Councillor M Foster and W Armitage then moved and seconded a motion to rescind the decision made by Planning Committee on Tuesday 22 November on Item 11, Planning Appeal Killamarsh.

The motion was put to a vote and was agreed.

RESOLVED

(1)  That the Committee’s decision that the Council cease to defend its grounds for refusing the Application (Application NED/18/01003), in order to minimise the costs to the Planning Authority, as set out in Minute: PLA/58/22-23, be rescinded.

Councillor M Foster and W Armitage moved and seconded a Motion that Council Procedure Rule 13.2 be suspended. Committee was reminded  ...  view the full minutes text for item PLA/64/22-23

To consider any other matter which the Chair is of the opinion should be considered as a matter of urgency.

None.