On the basis of legal advice sought, St Albans City & District Council has decided that the planning application by Helioslough to build a rail freight depot on the former aerodrome site in Park Street should be assessed by local Councillors. This will enable the Council to retain control of the planning process and ensure local residents continue to have their say on this proposed large scale green belt development which has widespread public interest.
Recent public and media speculation has suggested possible use of Section 70A of the Town and Country Planning Act 1990. This part of the act enables a planning authority to refuse to assess a planning application in specific circumstances where this is similar to one previously made within two years, has been refused by the Secretary of State for Communities and Local Government and where the authority thinks that there has been no significant change in the relevant planning considerations since that refusal. The Council has therefore sought legal advice from both a junior counsel and from a leading QC to ascertain if Section 70A could be used in this case.
The Council’s QC has now given clear advice that this section would not have effect in this particular case. Firstly, this section is only intended for use where an applicant has submitted repeated applications in order to reduce opposition over time. This is only Helioslough’s second application. Secondly, in view of the applicant’s alternative site assessment in particular, the Council has reached a view that Section 70A should not be invoked.
In the light of this QC’s advice, therefore, and the Government guidance to local planning authorities on the use of Section 70A, the Head of Planning and Building Control, on behalf of the Council, has decided not to exercise this option.
Councillor Robert Donald, Leader of the Council, commented:
“Our legal advice clearly shows that if we were to use Section 70A the Council would be exposed to the high risk of a successful legal challenge and could also lose control of the planning decision process of this very sensitive application. There is now an opportunity for residents to have their say again and express their views on this new application and for the Council to consider and decide on the latest proposals. All aspects of the new application can now be considered afresh in line with the Council’s normal planning procedures.
“The Council will also be carrying out the necessary consultation and a letter about the new application will be sent out next week to residents in the area along with the date of the relevant Plans Referrals Committee meeting within the statutory timescales.”
Contact for the press:
Amanda Wilkinson, communication officer
St Albans City and District Council
Tel: 01727 819317 E-mail: amanda.wilkinson@stalbans.gov.uk
www.stalbans.gov.uk
Background notes:
As a planning authority, the council has to act in accordance with the legal framework. Section 70A can only be used to refuse to determine an application in accordance with the terms of the statute. The advice of the Government is that the section should be used in only narrow circumstances, and, effectively, only where there is reason to believe that an applicant is misusing the right to apply for planning permission by attempting to exert pressure upon local communities. Government guidance (Circular 08/2005) is that this power should only be used in the cases of “repeated applications that are submitted with the intention of, over time, reducing opposition to undesirable development”.
This is a technical decision that the council has to make in accordance with its legal responsibilities as a planning authority. The decision has nothing to do with the merits or adequacy of the supporting material or with the adequacy of the alternatives assessment as a matter of substance. All aspects of the new application will be considered in line with the council’s normal planning procedure. A report will be submitted to the Council’s Plans Referrals Committee in line with the appropriate time scales.
Under Section 70A of the Town and Country Planning Act 1990, the council is entitled to refuse to entertain an application if:
1. The application is similar to an application made within two years of the application which was refused by the Secretary of State and
2. The authority thinks that there has been no significant change in the relevant considerations since that refusal. Relevant considerations are the development plan so far as material to the application and any other material considerations.