Issue - meetings

The Director of Regeneration and Culture submitted a report to withdraw the Development Brief for Hemlington North. The decision requires decision as this was seeking to reverse a decision made by the Executive at its meeting of 18^th October 2020.

The report outlined that the Executive approved a Development Brief for the development of land at Hemlington North in October 2020. The site forms part of the wider Hemlington Grange mixed-use development site that was allocated in the Housing Local Plan (2014), and already has the benefit of an extant outline planning permission. The brief was intended to act as guidance for when the Council marketed the site, and to assist in assessing the suitability of any subsequent schemes.

Following adoption of the Development Brief the Council received representation from an interested member of the public questioning the validity of the document, its role as a Supplementary planning Document and whether it could actually be used in the planning process owing to a conflict with the Local Plan.  This conflict arose because the brief allowed apartments in the north east corner of the site if their inclusion would support good design and place making.  This conflict was recognised and hence why the brief was not adopted as a Supplementary Planning Document.  Whilst the brief would be a material consideration in the planning process the weight attached to it would be limited, particular with regards to the inclusion of the apartments.  The provisions of the Local Plan would be the prime consideration unless material considerations dictate otherwise.  Such material considerations could include design and place making, but these would need to be weighed in the balance in assessing any application.

As this matter has clearly caused some confusion it is felt more appropriate that to avoid any doubt or misunderstanding to withdraw the Development Brief.  Instead the design criteria will be included within the marketing particulars issued by the Council in the disposal of the site.  This will then form part of the assessment of bids in choosing the successful scheme.  In doing so the Council can still ensure that a high quality design can be achieved when the site comes forward.

OPTIONS

Other potential decisions and why these have not been recommended

Not to withdraw the Development Briefs for Hemlington North. It was clear that the continued adoption of the Brief creates a level of confusion which if not addressed could lead to a challenge to any subsequent planning scheme/permission.  Whilst the success of such a challenge is considered to be an extremely low risk it has the potential to delay the ability to bring the site forward quickly.

ORDERED

That Executive withdraws the Development Brief for Hemlington North.

REASON

To provide greater clarity on the planning framework for the site, and to strengthen the marketing particulars to ensure that an appropriate scheme is delivered.