Agenda item

Chichester District Council Schedule of Planning Appeals, Court and Policy Matters between 10 February 2021 and 9 March 2021

The Planning Committee will consider the monthly schedule updating the position with regard to planning appeals, litigation and recent planning policy publications or pronouncements.


Mr Whitty confirmed that with regards to Land North of Stane Street, Westhampnett, the Parish Council and the Ward Members were advised of the variation to the Section 106 agreement.  The Government were currently encouraging changes to be accepted due to the current Covid-19 pandemic where they did not have a significant impact on delivery of housing.  The Parish Council did object, however the Council’s own advisor in relation to the sport and recreation need, had no objection and therefore did not find it would have a significant impact upon the provision and timing for development, and people wishing to use the facility.  With regards to Covid-19, the Council would not seek for a developer to have to fund further costs for work where not necessary.  If there was a reasonable assumption on the basis of a letter from an applicant, that there is a need to delay provision and that delay would not cause significant impact, the Council would accept such a situation particularly considering the Government’s current stance.  However, should it be considered appropriate to challenge a delay, the Council would be more robust or seek further evidence, but proportionality was key.     


On the matter of Land West of Birdham Farm, Birdham Road, Mr Whitty reported that the order required occupation to cease on 31st March 2021 and for the site to be cleared by 30th April 2021.  The occupants may apply for a later date for compliance and the courts were likely to agree an extension until 30th June 2021 for occupation to cease and 31st July 2021 for the site to be cleared, but that was dependent upon an application being made.  The current plan was for officers to gather evidence and consider legal proceedings on the basis of that evidence.  Mr Whitty agreed to provide an update report for the Parish Council and confirmed that other interested parties were being kept updated.


With regards to Land at the Corner of Oving Road and A27 for the erection of 143 dwellings, and the withdrawal of the application, Mr Whitty responded that he did not have any further information at the current time. 


On the matter of new units on Gypsy sites, Mr Whitty confirmed that appeals were being requested by way of hearing, in order to fully present evidence and allow third parties to participate in the process, but this was a decision of the Planning Inspectorate.  With regards to Land North West of Newbridge Farm, Salthill Road, Mrs Stevens confirmed had been requested as hearing by the appellant, and the Planning Inspectorate had been in communication with them early this year, as they had not submitted all of the required information, and added that the appeal schedule would be updated for the next meeting.


Mr Whitty explained that the procedure for Section 106 agreements was set out in the Council’s constitution and the procedure states that applications were determined and reported to Committee but prior to determination, comments were sought from the Parish Council, Ward Members and other consultees in regards to any matters raised. 

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