'Urgent' legal advice sought by planners after green belt challenge
A legal challenge caused mass disruption at a crucial Solihull Council planning meeting as major decisions had to be put on hold.
The authority is now seeking 'urgent' legal advice to clarify how applications on green belt land should be determined going forward.
Applicants and objectors expecting to speak on their items got up and left the latest meeting of the authority's planning committee on Wednesday night, (April 2).
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Within minutes of it starting Councillor Bob Grinsell, chairman of the committee, read out a statement which said: 'The council are in receipt of a letter from Shoosmiths solicitors dated today (April 2) on behalf of their clients who raise a number of legal concerns in relation to two specific applications.
'One of these relates to a decision taken by this committee on Stripes Hill.
'The other relates to the application on this evening's agenda for the site at Warwick Road, Knowle.
'The concerns raised draw particular attention to the way in which the council has undertaken the assessments of the site against the grey belt test within the new national framework and supporting practice guidance.
'Due to the nature and contents of this correspondence, and the potential risk of legal challenge, the decision has been taken to defer the item pending independent King's Counsel advice to review the approach taken by council.
'Furthermore, due to the consistency of the method used by officers to assess other applications namely at Pheasant Oak Farm and Lugtrout Lane, the decision has also been taken to defer both these applications.'
The chairman apologised for the 'lateness' of the decision to those who attended but stressed it was 'understandable' given the context.
A further statement from Councillor Andy Macvieticz, the cabinet portfolio holder for climate change and planning, was also read out saying the authority is currently developing a new local plan - a blueprint which once adopted becomes the main consideration in deciding planning applications - which will be "in line" with new national guidelines.
'The concept of the grey belt [lower quality green belt land which means the site would be able to be used for housing] has been introduced by the recent changes to the NPPF by the government," he said.
'At this stage any planning application determination should be in line with current green belt boundaries.
'The council will clarify the position in the coming months.'
As the Local Democracy Reporting Service previously reported, a huge new retirement village providing 170 care units in Stripes Hill, Knowle, was given the green light in February.
Officers had judged that land to be 'grey belt' - lower quality green belt land which means the site would be able to be used for housing.
At their latest meeting committee members had been due to make a decision on 450 houses in the 'Arden Triangle' - green belt land surrounded by Warwick Road, Station Road and Grove Road.
Solihull Council's officers had recommended approval saying the benefits of that scheme 'clearly outweigh the totality of the harm' (to the green belt) adding 'very special circumstances do exist'.
Councillors were also due to consider 250 homes at Pheasant Oak Farm in Balsall Common and 50 homes in Lugtrout Lane, Catherine-de-Barnes.
Both of those are on green belt land officers had judged to be the new 'grey belt' - a concept introduced by the Labour government to help tackle the housing shortage.
It is unclear if the applications will now be considered at the next meeting of the committee which is scheduled to take place on April 30.
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