Up to 66 homes at Land to the north and south of Jawbone Lane, Melbourne

What was proposed

An outline application sought up to 66 homes, cemetery extension land, public open space and associated infrastructure, with access considered at this stage.

“Proposal: Outline planning application for residential development of up to 66 dwellings, provision of land and facilities for an extension to the village cemetery, public open space and associated infrastructure (all matters reserved except for access) Land to the north and south of Jawbone Lane, Melbourne…”

Officer report

The site and surroundings

The 4.21-hectare site lies beyond but beside Melbourne’s settlement boundary, in two parcels adjoining Jawbone Lane and near existing homes and Kings Newton.

“The application site has an area of 4.21 hectares and is located beyond, but adjacent to, the Settlement Boundary of Melbourne. It comprises two parcels of land, one a horse paddock located to the south east of Jawbone Lane and the other, part of a larger field located to the north west of Jawbone Lane. There is an overgrown pavement on the north western side of Jawbone Lane beside the site (no pavement on the south eastern side).”

“The south eastern triangular shaped parcel of land is surrounded by hedgerow which includes some trees. It has a single gated vehicular access at its southern tip. The north western parcel of land has hedgerow (including some trees) beside Jawbone Lane and the northern triangular part of this parcel. There is a row of deciduous trees beside the south western boundary of this parcel of land.”

Officer report

Earlier applications

Earlier proposals for housing on or near the site were refused, dismissed on appeal or withdrawn, while nearby development was allowed on appeal.

“Appealed (APP/F1040/W/15/3139116 - Hearing) – dismissed 10 August 2016. The following is a summary of the Inspector’s decision: Planning issues related to the northern part of the site. During the course of the application, the number of dwellings reduced from 120 to 60. During the course of the appeal, the Local Plan part 1 was adopted which meant Development Plan policies regarding the location of housing affected the entirety of the appeal site.”

“Site to south west (Stafford Close): 34 dwellings permitted on appeal (APP/F1040/W/16/3147682) – December 2016 (application references 9/2014/1141 & 9/2016/0170). This appeal was allowed despite the site being outside the Settlement Boundary for Melbourne as the Council could not demonstrate a five year land supply. 9/2017/1031 Approval of reserved matters for layout, scale, appearance and landscaping of planning permission ref: 9/2014/1141 - granted 22 December 2017.”

Officer report

Who spoke

An objector, the applicant and the local ward member addressed the committee, with the ward member opposing countryside loss and highway impacts.

What members considered

Members discussed whether highway conditions had to be met before development and whether a county councillor’s objection represented the highway authority’s formal position.

“Councillor M Gotheridge read out a statement that he had received from Councillor Charlotte Hill, Cabinet Member for Potholes, Highways and Transport at Derbyshire County Council. It was stated that Jawbone Lane was a key component of Derbyshire County Council’s active travel route and that she believed that access-only restrictions could not be enforced. Therefore, Derbyshire County Council objected to this application.”

“Members of the Committee sought advice from the Assistant Director Law and People and Head of Legal and Democratic Services, Deputy Monitoring Officer on whether they should take this statement as the County Highway Authority’s position, or the comments set out on page 145 of the report. Members of the Committee were informed that should rely upon the response received by County Council officers in the report and not the Cabinet Member’s statement.”

Minutes

The committee’s decision

The committee approved planning permission in line with the recommendation, subject to delegating agreement on one condition’s wording.

“RESOLVED: That planning permission be approved as per the recommendations in the report of the Executive Director – Place and Prosperity, subject to delegating agreement on the wording of condition 27 to the Committee Chair and the Head of Planning.”

Minutes