Battle of wills seems likely as officers warn councillors they have made a wrong decision in wanting houses, not flats, on site. Will councillors be swayed by threat of legal action and costs, allowing developers to win - or will they stand firm?

By Neil Speight 15th Mar 2021

What St Modwen want to build at Arisdale Avenue. Councillors want more houses, not flats.
What St Modwen want to build at Arisdale Avenue. Councillors want more houses, not flats.

MEMBERS of Thurrock Council's planning committee are being advised once more by the authority's officers that they have to drop their principles and accept a long-running and controversial planning application.

They are being urged to give approval to a new flats scheme in South Ockendon, despite unanimously rejecting it last month.

The developers, St Modwen Homes, have been slammed as greedy and unconcerned about the nature and make-up the new estate they are building on the site of the former Fords factory in South Ockendon.

Originally the developers won outline permission for a development that included houses for families – but they want to change it for more flats and councillors are up in arms.

Now the developers have come back threatening a legal big stick and officers are telling councillors they should back down.

The developers' bid to change the composition of homes on the site was exclusively aired on Thurrock Nub News in December.

When it came to a meeting of the planning committee in January it was met with opposition from councillors who told St Modwen they wanted them to revert back to their original plan and they offered them time to come back with a new proposal by deferring a decision.

St Modwen defended their position saying the flats were what the housing market wanted and when they came back to a planning meeting last month little had changed in the application.

That prompted councillors to react angrily and not one of them came forward to support an officer recommendation for approval and instead told council officers the bid was dead and they instructed officers to support their decision by drafting a list of valid reasons why it should not go ahead.

Far from doing that, officers have come back saying the councillors are in the wrong and they are again saying the scheme should be approved.

And they warn councillors: "It is worth noting that the applicant has already made clear their intention would be to appeal against a refusal of planning permission. Members are advised that it would be extremely difficult to defend the reasons put forward for refusing the scheme and it is highly likely that an Inspector would allow an appeal and grant planning permission for this development.

"It should also be recognised through the appeal procedure there is a financial risk of a successful award of costs against the Council for using unreasonable reasons of refusal. The applicant has advised the Council that it is their intention to request a public inquiry procedure, which would lead to the appointment of consultants and legal representation, if the appeal was then allowed this could lead to a significant award of costs against the council.

"In light of this position, it is recommended that members give very careful consideration to the content of this report. Given the risks associated with refusal, officers advise the application should be approved."

In recent months councillors have gone against officer advice on a number of projects, faced with similar threats, voiced by the council's legal team and even a property barrister brought in by officers.

However, as yet, the planning inspectorate have backed councilors – not officers.

And when the latest controversial scheme, the application for new homes on Little Thurrock Marshes, was approved despite officer recommendation for approval.

Though the Marshes scheme was for approval, it was a red hot local issue and even council leader Rob Gledhill joined in the furore but the advice from the planning inspectorate appeared to be that the Minister for Housing was quite clear for decisions to be made at local level where local knowledge was in play.

The inspectorate told Thurrock's officers: "The Government is committed to give more power to councils and communities to make their own decisions on planning issues, and believes planning decisions should be made at the local level wherever possible."

It remains to be seen who will buckle first – officers or councillors - at Thursday's (18 March) meeting of the planning committee. Thurrock Nub News will be on hand to bring you a full report.

     

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