By Andrew Topping, Local Democracy Reporter
Councillors have been told they are unable to appeal a decision to overturn their refusal of a 322-home housing development.
Newark and Sherwood District Council’s planning committee refused permission for the development, at the Flowserve site in Hawton Lane, Balderton, in August last year.
Concerns were raised at the time over a lack of affordable housing commitments and the level of Section 106 developer contributions.
These were sought to improve the highway network, make bus stop improvements and support local healthcare and other community facilities.
But planners had recommended the development for approval when it went before the committee, leading to an appeal by the developer.
An investigation by the Government’s Planning Inspectorate this year overturned the decision, meaning the development will go ahead.
And now councillors have been told there are no grounds to take the decision to the High Court for a judicial review.
Lisa Hughes, business manager for planning at the council, told a committee meeting on Tuesday (August 3): “We were looking to seek counsel advice to see if there were any areas open to challenge the decision.
“The advice was that, whilst the decision was clearly not in our favour, with lots of elements we didn’t agree with, there wasn’t any element where the inspector had erred.
“We are still of the opinion that, if you’ve got a development of more than 300 units, without any contributions whatsoever it cannot be sustainable.
“Regrettably, we don’t have the right to appeal.”
Commenting on the outcome, Councillor Roger Blaney (Con), chairman of the committee, said: “I have made my views on my disappointment of the appeal decision quite clear.
“There are lessons to be learnt, I like to think we have and will continue to learn from any appeal decision, but we have certainly learned something from this one.”
In his assessment of the council’s decision, inspector Dominic Young deemed the need for housing overall outweighed calls for an allocation of affordable homes.
He added the lack of community contributions for many areas would not “result in any material planning harm”.
He said: “In my view, it is unarguable that the interests of those seeking to own a home would be better served by the delivery of up to 322 houses as opposed to no houses on a site, which the parties readily agree is acceptable in all other respects.
“Allowing the site to remain vacant, perhaps for decades, rather than providing homes would be a retrograde step in the context of a national housing crisis, notwithstanding the council can demonstrate a healthy five-year housing land supply position.
“I conclude the appeal should succeed, and outline planning permission allowed subject to conditions.”
