MORE than 500 people petitioned against it but now 300 homes will be built on Burton land after Marston’s won its long standing battle with the council.
East Staffordshire Borough Council failed to make an initial decision on the site to the south of Forest Road within the time frame when outline plans were first submitted so now, Secretary of State, Eric Pickles, has approved a subsequent appeal over its out of date land supply
The planning authority has also been told to pay partial, as yet-unknown, costs for expenses incurred by the appellants (Marston’s) due to the council’s ‘late change’ in the case.
The council since revealed it would have refused permission as it said the development did not accord with the Local Plan in that it was outside of the development boundary, and other sites were found to be more suitable. However, the council later suggesting it could demonstrate a five-year housing supply meant it will have to pay costs to Marston’s.
The independent planning inspectorate, Brendon Lyons, said: “The council appeared at an inquiry in May and did not contest that it did not have a five-year land supply. It was only a few days prior to the current inquiry opening that it suggested it had changed its mind and then only on the day before the inquiry produced a substantial proof of evidence purporting to claim that it could demonstrate a five-year land supply.”
This led to an adjournment of the inquiry before restarting in July.
However, the inspector added: “As the relevant development plan policies are out of date, the Secretary of State gives significant weight to the fact that the Framework indicates that, in the absence of a five year housing land supply in an up-to-date, adopted development plan, planning permission should be granted for the proposal.”
A total of 503 people signed a petition against plans with many stating the existing infrastructure is not suitable.