Further to last nights brief update. As ‘most’ are aware, FDC approved this application last year. WTC decided due to public concerns to look into whether there would be any grounds to appeal, WTC have taken Legal advice (at a cost) as to their chances of taking the decision to a Judicial Review. At last nights meeting we were informed that although there were some grounds/issues which could be challenged, the advice was that WTC only had a 10% chance of succeeding in their challenge.
However all is not totally lost !!! – or is it?
We then heard that the alternative was to ‘Call in the Planning application to the Secretary of State, councillor Boden informed us that there were possibly 5 reasons that could be used/identified. Information on how the ‘Call in’ process works can easily be found by ‘Googling’ .
Now the big ‘question’ – even ‘if’ WTC decide to ‘Call in’ the application what can be achieved…..Nothing is the answer, and why….The best the Minister/Planning Inspectorate can do is to send it back to FDC Planning Committee.
Once an application has been ‘approved’ – even though at present not all the conditions have been signed off…..It is almost impossible to get the application over-turned….
So why bother then…..I ask….as I don’t know?
However all is not lost?
It is my understanding that when Showfields application was approved, there was a ‘lot’
of conditions placed upon them. One being the 106 agreements, they are basically designed to mitigate the impact that would arise from a development. Money towards. schools, transport and other services, with the size of the development, the 106 contributions would be a fairly large amount I would imagine.
This money then has to be ‘clawed’ back on the price of the housing.
Again not being an expert on these matters, the type of housing and development to satisfy
all the conditions – may cost far in excess of what profit there maybe in developing the site.
106 in many ways is negotiable and ‘we’ hope that FDC do not fold in, as they have done with other developers in vastly reducing the 106 contributions.