Page 197 - MJC submissions

You, as lead officer in this case, should have no doubt how the error occurred. While it may
be true that you were not involved in the examination, MSDC was intimately involved in the
AWNP and approved it. The miscalculation is obvious on the face of the Sustainability
Appraisal for Site 13 of 0.8 hectares:

Figure 1: Extract from the Sustainability Appraisal of Site 13

You should note that the Brownfield Land Register for the WH sites of 1.6 hectares proposes
50 dwellings http://online.flipbuilder.com/Cobasco/maee/. (Attachment 9)
You cannot have it both ways; the capacity cannot be “50+” units on 0.8 hectares and be at
the same scale as Ashbourne Park.

The minutes of the meeting of 15 October 2018 repeated your alleged earlier admission that
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the AWNP had not involved the detailed analysis required (as a precursor to lawful inclusion
in the AWNP) as follows:

“Para 1.16: With reference to the Neighbourhood Plan and the quantum of 50+ units.
Darren Page referred to the application scheme of 71 units had been reduced to 58.
Stephen King advised that it was his view that the Neighbourhood Plan had received
little examination and that more weight should be given to the Council’s adopted
District Plan”
There is no evidence that these minutes were sent to you in draft form. On the contrary you
accepted them as correct without comment.

Thus, in August 2018 you denied the incredible admission of non-compliance attributed to
you and two months later accepted it.

The minutes continue:

“Frank Taylor (the town planner retained by the applicant) pointed out that that the
Neighbourhood Plan had been adopted following consultation and examination. In
addition, the original pre-app has made reference to a recommended 50+ units.
Stephen King observed that other District Plan policies (particularly design) were also
relevant”.

The above implies that;
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 You accepted that the pre-application was relevant or influential if not binding;

 That unspecified District Plans on design could be used to overcome defects in the
AWNP

Both you and Mr Taylor know that pre-application consultations are non-binding and in this
instance were prepared for entirely different schemes, for a different applicant, were resisted
by MSDC and were not pursued.