Councillors, Developers & Ward Councillor

Question

There is a planning application within our small parish. It has been going on for a few years now. The site is on a former now demolished pub. There is a resident house adjacent to the site.  Councillors want something done to the land as its untidy. What should be the relationship between Council,  developer and ward councillor. Given not all councillors agree to the proposed plans and council itself has not explored any risks eg flooding, traffic and a protected tree on the site. Any advice welcome Tia Helen

Answer 1

Has planning permission been granted for the site?  Was the demolition of the pub included within the planning permission?

Comments

Planning permission has not yet been granted but previously refused on 2 occasions. It has also been refused by the Planning Inspectorate. The pub was a community asset but the local council gave permission for it to be demolished. Therefore it is now classed as building in the open countryside.

---

If you haven't already done so, I suggest that the Parish Council meets with a senior planning officer to discuss the status of the site and whether any future development would be acceptable.  Whilst a planning officer can't give categoric promises for or against, as every application must be considered on its merits, they will usually voice an opinion on the matter and can explain the implications of the Local Plan for future development.  In general terms, a former dwelling (assuming the pub was also a residential property) may be replaced with a new dwelling, which may be larger than the one it replaces, but I presume that the owner is seeking something more than a single dwelling.

I have similar sites in two of my parishes that have been untouched for more than 30 years, both former school buildings now in private ownership; one cleared, the other with the derelict buildings still standing, but gradually falling down.  This sort of impasse can be very frustrating, especially on a prime site in the heart of a village.  If the owners and the planners cannot agree on a solution, there is nothing the Parish Council can do.

If the site deteriorates to the point where it becomes an eyesore and/or health hazard, the principal authority may serve enforcement notices using their powers under Section 215 of the Town & Country Planning Act 1990.  This will force the owner to improve the site or face penalties for not doing so.  At the end of the process, the principal authority may improve the site at the owner's expense.  Some councils are more inclined to use these powers than others.

---

It so frustrating. The building was demolished and had the planning permission to do so even though community asset. My concern is the ward councillor is backing council but no concern is being raised about a small part of the land under no legal ownership and there is a tree with a tpo on this unopened land. I also raised concerns of a neighbouring occupied dwelling with regards damage and flooding. One of the proposed dwellings would be very close.

---

When you say it was a community asset, do you mean that it was registered with the principal authority as an asset of community value?

---

sorry, yes asset of community value & registered as so. Principal authority still gave permission for demolition of 300 yr old coaching house.

---

That's disappointing.  The ACV legislation doesn't provide any tangible benefit in many cases.  I live opposite a derelict pub, but we haven't bothered to list it as an ACV, as we would be unable to raise sufficient funds to buy it even if it was on the market, which it isn't. It was the last survivor of about half a dozen pubs in the parish and we've also lost our school, shop and post office. We now have just a church with a congregation of about ten over-75s and a small village hall.

---

That's so sad to hear. We lost our post office in the early 80's & have never had a school. We still have a pub but it's target market are the local farmers. Is there anything you can do to stop the closures? Having raised my concerns over the planning issue my fellow Councillors have decided to ask our ward councillor to call in the planning application. We have one abstention, 2 for development, 2 who are agreeing but dont think it will get passed and me. The developer has only submitted plans of hiw the houses will look. We await the detailed application for submission to the LA.

---

If the developer is willing to work with you to agree a proposal that goes some way towards meeting your requirements as well as theirs, that should carry some weight with the planners, although they must also be guided by their policies, hence my original suggestion of asking them for an opinion of the site.  Any degree of dialogue and compromise is better than the alternative.  My derelict school site is the result of the owner, the parish council and the planners being unable to agree on any proposed development. The roof caved in two winters ago and with all the windows and doors now missing and trees taking over the site, it's only a matter of time before the walls start to crumble. It's opposite the main entrance to our lovely parish church at the heart of our village.

---

Truly heartbreaking to hear. I have just heard this morning that the ward councillor is calling in the developers plans to go before the planning Committee. The ironic thing is majority of the parish Council dont think it will get through as the plans aren't good enough. Hey ho. Good luck and fingers crossed with your parish I genuinely wouldn't know where to start.

---

As an outline application, very little information is required.  It merely establishes the right to build, subject to the submission of more detailed plans at a later date.

---

Yes  council have been forwarded plans of thr dwellings and an impression of the overall look. No further information hence why I'm annoyed that the ward councillor has called it in before council have seen the full plans. The developers holding council to ransom. I've clearly stated my views but majority rules. We await the full plans from the developer to go to the LA.

Answer 2

The PC should contact the Ward Cllr for the Principal authority and ask him to get the PA to issue a Section 215 notice to the land owner.  

If the Local Planning Authority considers that the condition of land or buildings is having a harmful effect on the area they may serve a Notice under Section 215 of the Town and Country Planning Act 1990. The Notice may require certain steps to be undertaken by the owner of the land to remedy its condition.

Comments

Thanks for this. If planning is granted this shouldn't be a problem. However, the planning inspectorate has stated that no development should occur.

---

A section 215 notice can be issued regardless of whether or not Planning consent is granted.  However the Principal Authority might be reluctant to issue one for various reasons.

---

Thank you. This is really useful as we have another parcel of land to deal with  which this information would address. Thanks again.