General Discussion

At the meeting of the Development Control Committee on 23 June 2008 it was resolved that, subject to the completion of a Section 106 Agreement under the Town and Country Planning Act, 1990 conditional planning permission be granted for the proposed development.

Following this resolution there are procedural requirements that the Council has to follow before planning permission can be granted. Under the Town and Country Planning (Shopping Development)(England and Wales)(No.2) Direction, 1993 the planning application has to be referred to the Government Office for the South West (GOSW) to enable a decision to be made whether or not the application should be 'called in' for consideration by the Secretary of State. The Council cannot grant planning permission until the expiry of a period of 21 days from the date on which the material was sent to the Secretary of State.

Similarly, under the Town and Country Planning (Development Plans and Consultation)(Departures) Directions, 1999 certain applications have to sent to GOSW. Whilst the proposed development is under the 5,000 square metres gross retail floorspace threshold requiring referral it does impact on other policies of the Development Plan e.g. loss of employment land. The advice is open to interpretation and therefore to avoid potential legal challenge to the way the application has been processed by the Council it is also being referred to GOSW under this Direction.

The material required to be sent includes the application proposal, copies of any representations received and views of any government department or other local planning authority together with a statement of the issues involved in the decision. This material has been sent to GOSW and a decision on whether or not the Secretary of State wishes to intervene in the decision-making process can be expected by 21 July 2008.