Address:       10 Copper Beech Way, Leighton Buzzard, LU7 3BD

Erection of one detached dwelling with parking and access.  Erection of detached garage to serve 10 Copper Beech Way.

Applicant:     Mr F Marshall

The Committee had before it a report regarding Planning Application No. CB/18/01001/FULL for the erection of one detached dwelling with parking and access and erection of a detached garage to serve 10 Copper Beach Way, Leighton Buzzard, LU7 3BD.

The Committee was aware that a previous application for a dwelling on this site had been refused by the Council and the resulting appeal was currently being considered by the Planning Inspectorate.

In advance of consideration of the application the Committee’s attention was drawn to additional comments as set out in the Late Sheet.

In advance of consideration of the application the Committee received a representation from Mr Richard Murdock, the agent for the applicant, under the public participation scheme.

A ward Member, who had called in the application, commented on various issues including:

·         The application site lay in the Green Belt and very special circumstances were required to make the application acceptable.

·         The current application was for a smaller dwelling than in the previous application, though he queried if that was sufficient reason to justify approval in the Green Belt.

·         If the current application was approved would it mean that the previous application, now with the Planning Inspectorate, would almost certainly be approved and was the Committee therefore deciding two applications?

The planning officer responded to the points raised as follows:

·         With regard to the previous application the Planning Inspectorate had only recently registered the appeal.  The appeal had been answered with a rebuttal statement setting out the opinion that there would be harm to the character and, as a result, openness due to the size of the proposed dwelling and the lack of landscaping.

·         The current application provided a significant reduction in building size, a lack of harm to openness and the result of the Green Belt Review (which had not been put forward as a Very Special Circumstance in support of the previous application) it was considered that, given the exceptional circumstances of the application site and the five purposes of the Green Belt, this area of land was considered weak in how it contributed to the Green Belt.  Those circumstances were not applicable elsewhere and so were felt to be exceptional.

·         The Inspector could chose to approve the previous application.  However, approving the current application would not mean the original application was also approved and the reasons for the Council’s refusal of the former were still held to be valid given the differences between the two. 

·         The ward Member stated that should the Committee approve the current application then, he felt, the Planning Inspector would be guided by this and approve the previous application.  The Chairman stated that Inspectors often stressed that each application was decided on its merits so it would be surprising if the Planning Inspector was influenced by the Committee’s decision.

·         Whilst the previous application was considered detrimental in size, massing, scale and lack of landscaping the proposed development had removed the planned built garage and reduced the dwelling by one storey.  It was not, therefore, overbearing in its revised form.  The application met parking standards, there were no objections from the highways officer regarding visibility safety for the vehicle access and the visual impact on the landscape would be mitigated by the reduction in dwelling size and the existing surrounding landscaping which was also conditioned for enhancement.

The Committee considered the application and in summary discussed the following:

·         How much of the application site lay within the Green Belt.  To assist the planning officer displayed a map showing the Green Belt boundary.

·         Whether the application met the exceptions, as set out within the National Planning Policy Framework (NPPF), in order to allow building on the Green Belt.  The planning officer acknowledged that it was inappropriate development and the application did not meet the exceptions set out in paragraph 145 of the NPPF but stated that the limited harm, reduction in size and the Green Belt Review outcome amounted to Very Special Circumstances.

·         If the building was no longer felt to be overbearing and was appropriate for its location then it could not be defended on Green Belt grounds given that the independent Green Belt Review had considered every parcel of Green Belt in Central Bedfordshire, had tested them against the five purposes of the Green Belt and had determined that this parcel did not meet some of those purposes.

On being put to the vote 9 Members voted for approval, 2 voted against and 2 abstained.

RESOLVED

that Planning Application No. CB/18/0100/FULL relating to 10 Copper Beech Way, Leighton Buzzard, LU7 3BD be approved as set out in the Schedule attached to these minutes.