The Secretary of State had called an application by Barwood Strategic Land II LLP for outline planning permission for up to 1,000 homes, primary school, local centre, public open space, landscaping and associated infrastructure, which the LPA were minded to approve.
The application was called in following concerns raised including by the MP for Tamworth. Both Tamworth BC and the County Council took rule 6 status.
Concerns were addressed to the monitor and manage approach for the conditions addressing the highways infrastructure capacity and mitigation and how it was to be given effect to, education provision, affordable housing provision and the balance of section 106 contributions with those that were to be made under CIL.
Each of the parties took a different line through these issues but reached a large measure of agreement in the run up to and during the Inquiry.
The Secretary of State’s decision and in particular the Inspector’s Report reflects the unusual level of detail addressed to conditions and the relationship between 106 and CIL in a site of strategic significance for two neighbouring authorities. The Secretary of State expressed his expectation that neighbouring authorities act reasonably in respect of dealings with each other. The decision also made clear that should third party land be needed for highway improvements the highway authority would â€œ consider the need to enhance the existing highway network and the responsibility placed on it by NPPF paragraphs 32 and 35 â€œ(DL 14).
Gary Grant of Kings Chambers appeared for Lichfield DC the LPA .
Paul Tucker QC and Philip Robson of Kings Chambers appeared for the County Council.
A copy of the of the DL and IR can be viewed here