Sun Lane Planning Application
Published: 08 September 2020
The Parish Council was written to by the Ministry of Housing, Communities and Local Government to inform the Council that a Consent Order had been issued by the High Court which quashed the decision of the Secretary of State made on 5th November 2019 in which he dismissed the appeal and refused planning permission for the development of the land west of Burley at Sun Lane. The appeal now falls to be re-determined by the Secretary of State.
The Secretary of State has therefore invited representations on any material change in circumstances, fact or policy, that may have arisen since his decision of 5th November was issued and which the parties and which parties consider to be material to the Secretary of State’s further consideration of this appeal. The deadline for submission of representations is no later than 9th September 2020.
Burley Parish Council called an Extraordinary Meeting, which was held on 3rd September 2020, to discuss its response and the agree the matters that it would ask the Secretary of State to consider when making his decision.
At the Council meeting it was RESOLVED that the Parish Council would request the Secretary of State to consider information which was not available when the original decision was made and also considers some material developments that have occurred since the decision was made. Specifically:
1. In the recent Aireborough Ruling, (Case No: CO/3279/2019) it was found that Leeds Council had acted unlawfully by not withdrawing all Green Belt sites following the reassessment of housing needs;
2. Bradford Council have rejected an application to build on land at Apperley Bridge because of inappropriate development in the Green Belt;
3. A Strategic Flood Risk Assessment commissioned by Bradford Council as part of its Core Strategy partial review has now reported that the land is a functional flood plain and should not be used for development;
4. Bradford Council appear to be selective in their application of the Local Core Strategy specifically in relationship to allowing a preference for smaller developments, rather than development of one large site. Since the original judgement was made Addingham’s Neighbourhood Plan was adopted and passed by Bradford Council despite the inclusion of a preference for smaller developments when Burley in Wharfedale was instructed to remove the same clause; and
5. South Pennine Moors and Special Areas of Conservation (SPA & SAC)
The full response to the Secretary of State can be viewed here.