Out-Law News 1 min. read
04 May 2012, 5:31 pm
Members of Suffolk Coastal District Council's development control committee approved plans for nine homes as 'enabling development' to pay for the restoration of Sudbourne Park, against the recommendation of the planning officer.
The application was submitted by Sir Edward Greenwell, who argued the NPPF's 'enabling development' exception should take precedence, despite the fact the site lay within the Suffolk Coast and Heaths area of outstanding natural beauty.
Officers had recommended the scheme for refusal because the proposed development was "in an unsustainable location" and would "affect the character and setting of Sudbourne Park walled garden".
The Officer's report concluded that "the benefits of the enabling development, and public access improvements, do not outweigh the disbenefits" of departing from the Local Plan.
The NPPF states that housing should be located where it will "enhance or maintain the vitality of rural communities" and should avoid "new isolated homes in the countryside". However, it provides an exception for "special circumstances".
It states that "where such development would represent the optimal viable use of a heritage asset or would be appropriate enabling development to secure the future of heritage assets", the development can be considered a "special circumstance".
It was argued that if permission was not given to allow the homes to be built, to pay for the restoration of the park, the walled garden could be lost, the bricks sold and the land used for other uses.
Members agreed to approve the application because they considered that the benefits of the proposed enabling development outweighed the disbenefits of departing from policy.
The Council must now make a legal agreement with Sir Edward Greenwell to ensure the carrying out of the package of restoration works, public access (rights of way and open days) and maintenance for a period of 30 years, the Council said.
Full planning permission will be subject to the successful agreement between the parties of certain planning conditions and obligations.