The report to the Committee at its January meeting was re-presented with an update which examined the status of the land as Previously Developed Land (“PDL” or brownfield land) within the definition in the glossary to the NPPF.  Photographs were displayed showing the remains of a building and the site and the wider landscape.  The previous report had considered the planning issues if the land was considered PDL and if it was not.  It was common ground with the agent for the applicant that the site was not PDL and very special circumstances are required to justify a new building in the green belt.

Such very special circumstances entailed examination of the needs of the applicant’s daughter for specialist housing, and a legal agreement to secure permanent arrangements for the whole site.

A motion was MOVED by Cllr Baker and SECONDED by Cllr Aspinell that the exempt item should be discussed in a private session.

RESOLVED UNANIMOUSLY that the Press and Public be asked to leave the meeting during the discussion of the remaining item of business because exempt information as defined in paragraph 3 of Part I of Schedule 12A Local Government Act 1972 is likely  to be made known .

The Committee considered a report and a draft legal agreement whereby before  planning permission is granted the design of the proposed dwelling would be adapted in accordance with advice to the Council from an Occupational Therapist with knowledge of the Care Plan of the applicant’s daughter. No further residential development would be allowed on the site.  After construction the existing mobile home on the site will be removed permanently outside the Borough and the property will be retained as specialist needs housing for fifty years.  The property will only be occupied by the applicant and his daughter as their principal home,  and  also carers and visiting members of the family. If the site is sold  or transferred (other than to a family trust under details to be submitted to and approved by the Council) during the period of fifty years the use will be as specialist needs housing and rights are secured for the Council to secure adaptations if appropriate for future specialist housing requirements. The draft legal agreement also provides that the owner will not apply for permission or permit any other residential development or occupation of the site. The Council agree to co-operate with Health and Social Services Authorities to approve reasonable adaptations of the submitted plans.

Councillor Aspinell considered that the personal needs and the detailed conditions for fifty years constitute very special circumstances to outweigh the harm to the green belt, and advised that all the residents in Beads Hall Lane adjoining the site supported the application.  After a full discussion a motion was MOVED by Cllr Aspinell and SECONDED by Cllr Chilvers to approve this application on the basis that very special circumstances apply in this particular instance.

For:                Cllr Aspinell, Baker, Carter, Chilvers, Morrissey and Mynott (6)

Against:         Cllr Cloke , Hossack, Mrs Hones, McCheyne and Parker (5)

Abstain:         (0)

RESOLVED that, subject to the prior completion of the legal agreement under Section 106 Town and Country Planning Act 1990 and the Housing Act 1985, planning permission be granted for the construction of a permanent dwelling with such adaptations and conditions as the Head of Planning in consultation with Environmental Health considers appropriate and necessary to the drawings submitted as application 14/01069/FUL

(Cllr Hossack and declared a non pecuniary interest under the Council Code of Conduct by virtue of living within the proximity of the site and Councillor Parker declared a non pecuniary interest under the Council Code by virtue of the fact that some of his fields are in the vicinity  of the site).