Agenda and minutes

To determine the application.

Gavin Taylor presented the report and drew members attention to the update report which had been circulated.

Gavin Taylor advised members that he was in receipt of a letter which was received earlier that day from the Ministry of Housing, Communities and Loal Government (MHCLG), which in exercise of their powers under Article 31 of the Town and County Planning Development Management Procedure Order, has directed that the Council is not to grant permission on this application without specific authorisation. He added that the direction is issued to enable MHCLG to consider whether they should direct under Section 77 of the Town and Country Planning Act, that the application should be referred to them for determination, however, this direction does not prevent the Council from considering the application or from forming a view to the merits or if so minded to refuse the planning permission.

Gavin Taylor made the point that the direction from MHCLG should not influence the decision making of the Council and should the Council resolve to grant permission, the Secretary of State requires time to consider whether to call the application in for their own consideration before the Council issues any planning permission. He explained that further information has also been received from the Ecological Officer with regards to comments received from the Saxon Gate Residents Group in particular with regard to their concerns over the habitats regulation assessment that is undertaken and the Ecologist has confirmed the recommendations of the habitats regulation assessment which sets out the requirements for review the assessment following the receipt of the reserved matters application including the water resources strategy which is also required under one of the proposed conditions.

Gavin Taylor explained that further comments have been received from the Council’s Environmental Health Team who have considered the additional comments submitted by the Saxon Gate Residents Group which covers a number of matters such as pollution control, exposure to pollution, ongoing Saxon Pit investigations, monitoring enforcement concerns and all comments have been reviewed along with the circulated committee update and the proposed conditions set out in the officer report and have advised that they are satisfied that the necessary controls are secured and raise no objection. He explained that he has also received an update from the Middle Level Commissioners (MLC) earlier today and further to their previous consultation on 24 November 2024, they have noted the proposal to discharge surface water via the adjacent Saxon Pits discharge into the Kings Dyke and the Environment Agency is considering a foul effluent discharge permit application for this particular outfall and, therefore, it should not be assumed that MLC would grant consent to discharge surface water via this outfall.

Gavin Taylor explained that MLC have also stated that an alternative discharge directly from the site may be required and any surface water discharge will require the prior consent of MLC under their byelaws as well as an agreement and approval of final planning decisions. He added that there are a number  ...  view the full minutes text for item P72/25