In December last year, Selby Online reported how a 'clerical error' lead the council to grant unconditional permission, to Mr Martyn Fryer, allowing him to build a two-storey house, studio apartment, two-car garage and separate stable block on land at a Green Belt location in Saxton, near Tadcaster.
At that time, officers were seeking to 'undo' their error by asking councillors to issue a revocation order in effect rendering the decision as null and void.
But further representations received by the council from lawyers acting on behalf of the applicant, together with a review of 'relevant case law' prompted officials to re-evaluate their position.
- 29 March 2010
Application received at Planning Dept. - 06 April 2010
Application considered to be 'Valid'. Council now has eight weeks in which to consult neighbours and make it's decision. - 01 June 2010
Application still not determined despite having passed eight week deadline. - 17 August 2011
Application is determined. 'Clerical error' means application receives approval instead of refusal as intended. - 07 December 2011
Application taken to committee to be revoked. Decision deferred until January 11 meeting instead, but fails to appear. - 31 January 2012
Council publishes new report recommending imposition of conditions to permission for Feb 8 meeting.
In an eleven page report due to go before planning committee members next Wednesday afternoon, members are to be warned that it will not be 'expedient' to revoke the permission as previously recommended and that they should take into account the potential for 'a substantial award of compensation' should they do so.
A previous report stated, “If a Revocation Order is served by the Local Planning Authority, compensation is payable by that Local Planning Authority... This could include compensation paid in respect of depreciation of land value [resulting from the revocation]”.
Fearing that the council could be made financially liable for any potential loss in value in the land caused by the revocation of the decision, officers will instead ask for authority to be delegated to them to 'issue a modification order', imposing a total of six conditions on the site, as they try to make the best of a bad situation.
In the latest report, the applicant is said to be 'in agreement to the proposed modification' making the issue of compensation 'unlikely to arise'.
The application was marked up for refusal, cited as being in conflict with the council's policies for sustainable development, requiring new properties to be built on land that had been developed previously.
Blaming the initial blunder on a clerical error the report said, “The clerical error arose when a document was selected in the documents list when printing off the notice of decision. This resulted in the word “refused” being replaced with the word “granted” on the decision notice.”
The application will be heard at the meeting of the Selby Planning Committee from 16:00 on Wednesday, 8th February at the council's new HQ at Doncaster Road.