Developer urges call-in after councillors refuse scheme despite government direction

Members rejected the application even though a council planning officer recommended approval of the scheme and in spite of Matthew Pennycook’s letter to the council directing it to include the site in its draft local plan.

Pennycook's letter, which was sent to the council the day before the planning decision, directed members to approve applications on seven sites over concerns that the council's draft local plan failed to include enough homes to meet the council's housing targets.

He said the development plan, which councillors voted to approve and present to the planning inspectorate for examination in January, "fails to propose allocating all appropriate housing sites available that could contribute towards meeting housing need".

"The council is therefore proposing a plan which is highly likely to be found unsound at examination,” the letter said.

As a result, he said the plan was “unsatisfactory” and that the council was “failing to do something necessary in respect of plan preparation”, thereby meeting the statutory test for intervention under sections 21 and 27 of the Planning and Compulsory Purchase Act 2004.

Ten members voted to refuse the application, with one abstention on Thursday (19 March), citing green belt harm, and potential flooding, among other concerns.

This prompted the developer behind the Oxhey Lane application, Burlington Property Group, to call on Pennycook to intervene further in the application.

In its letter to the minister, the developer raised concerns about a "pattern of [Three Rivers District Council] members going against the expert advice of professional planning officers in relation to green belt sites" at the council.

The letter said: "The continued inability of decision makers to take account of their professional Planning Officer's Recommendation and your Ministerial Direction is frightening considering such urgent need for housing which your Government is trying to address."

It pointed to decisions to refuse two other applications on green belt sites that were otherwise recommended for approval by planning officers.

Burlington called on Pennycook to call in the planning application prior to a formal decision being issued by the council.

Elsewhere the letter, the letter noted that the Oxhey Lane application was supported by a legal opinion from Lord Banner KC on behalf of Burlington and Alex Williams on behalf the council, "both of which concluded unequivocally that the site constituted grey belt land, is enclosed by physical features on all sides, is in a sustainable location and complies with the Golden Rules".

Cllr Stephen Giles-Medhurst OBE, the council leader, said: “The minister is directing the council’s emerging Local Plan, not the council’s consideration of this specific planning application. This site is not in the Local Plan yet.”

Adam Carey