Warwick District Council: councillor questions the point of planning committees with "hands effectively tied"

A councillor has been left with “a growing level of despondency" over planning powers after controversial plans for 190 homes in Whitnash got passed.

The long-running saga over AC Lloyd’s push to build on land to the south of Chesterton Gardens, Leamington, predictably moved forward this week with stymied councillors urged against objecting.

The firm, which no longer plans to develop the housing itself, came forward with a tweaked outline application for 190 homes as permission for 200 homes, granted by a planning inspector in August 2021 after the district’s planning committee said no, is nearing expiry.

Successful outline applications confirm in-principle support for the type of plan proposed and the land is allocated for housing in Warwick District Council’s local plan.

The brakes were applied on the last application after the reserved matters – more detailed plans – came forward from AC Lloyd.

The district’s planning committee gave those plans the green light but pressure from residents and Labour MP Matt Western saw the decision called in by the Secretary of State for Levelling Up, Housing and Communities Michael Gove MP in June 2023. AC Lloyd withdrew the proposals.

They came back this week to refresh the outline permission with a view to allowing another developer to build the homes.

Councillors were warned that the verdict of planning inspector Harold Stephens, not only to grant permission but award costs against Warwick District Council for actions that “prevented or delayed development which should clearly be permitted”, coupled with a lack of significant policy change since, would leave the authority vulnerable to a similar outcome if they refused and the matter went to another appeal.

Many items were discussed, particularly one of the few that could be considered outside of reserved matters – that of road access – but all reached a dead end.

Directing comments and questions towards the council’s solicitor Ross Chambers, Councillor Lowell Williams (Green, Kenilworth Park Hill) said: “I have a growing level of despondency about the value of planning committees and whether we can actually do anything.

“I do wonder why it is put in front of us if we are not allowed to do anything with it. Can you tell me one power that we have as this committee in terms of this application?

“It appears to me your advice is that the inspector has judged all of these things, we could argue the merits of his judgement but we don't have the power to question it.”

Mr Chambers replied: “The committee has powers to make whatever decision it feels is right but we have to advise the committee on the robustness of those decisions.”

Cllr Williams continued: “So you are saying this committee has the power to make this decision which flies fully in the face of an application which has been to appeal and judged on.”

Mr Chambers said: “It has that power but my advice would be that it would not be a good route to go down.”

Cllr Williams referred to that as “a perceived power as opposed to a real power”, citing the council had “already been reprimanded for making that decision twice and paid heavy costs for it.”

“You are advising us that would happen again,” he added, to which Mr Chambers replied: “Absolutely.”

Councillor Bill Gifford (Lib Dem, Leamington Milverton) reluctantly proposed approval, which was eventually carried with seven votes for, four against and one abstention.

“I have to say, I have considerable concerns about the access,” he said.

“I have other concerns as well, but nonetheless, it is quite clear that we would lose the appeal and costs would be granted against us if we refused this application. It would be a perverse decision.”

Prior to the vote, Cllr Williams did muster a degree of hope for objectors who attended the meeting to voice their concerns.

“Councillor Gifford is acting in the best interest of the council and the limited powers in front of us,” he said.

“This is clearly an unwelcome application, it is beyond the remit of this committee to actually make any further inroads but there is an opportunity if others were to campaign and the Secretary of State was interested to do so – it has been called in once before.

“In that sense I am just trying to look for any solace in this, there could be an opportunity for local people to continue to campaign because there is a stage beyond this committee given that our hands are effectively tied.”

Mr Chambers replied: “That is the case with any planning application but the Secretary of State didn’t call in the outline application last time, it was reserved matters that got called in.”

Cllr Williams interjected to say: “But they did call in reserved matters.

"They might call in…”

Mr Chambers said: “They might do.”

The plans have received hundreds of objections.

And Warwick and Leamington MP Matt Western has opposed plans for a large housing development in the area since he was a county councillor in 2015.

After the meeting Mr Western said: "This is a deeply disappointing result. With local residents, I have been campaigning against the proposed ‘East Whitnash’ development since 2015.

"Throughout, I have made clear the undeniable and deep flaws in the proposed development.

"To see it be granted planning permission this evening is incredibly disappointing.

"It will do nothing to address the housing crisis we face and will fail to deliver the genuinely affordable housing our communities desperately need.

"We’ve fought this for nine years and will not stop now. I will continue to raise the many flaws of these plans.

"We must see housing built in the right places, with the necessary infrastructure.. and I am afraid this fails on all counts.