Thurston
August 2023 - Appeal as submitted by Gladman Developments Ltd
Appeal decision was handed down on 26 July 2023. Appeal was made by Gladman Developments Ltd against Mid Suffolk District Council.
The appeal is allowed and planning permission is granted for the development of up to 210 dwellings and new vehicular access to include planting and landscaping, natural and semi natural greenspace(s), children’s play area and sustainable drainage system (SuDS), to include 35% affordable dwellings at land east of Ixworth Road, Thurston, Suffolk in accordance with the terms of the application, Ref DC/19/02090, dated 18 April 2019, subject to the conditions included to the schedule included with this decision.
July 2023 - Appeal by Gladman Developments Ltd.
Town and Country Planning Appeals (Determination by Inspector) (Inquiries Procedure) (England) Rules 2000
Appeal by Gladman Developments Ltd regarding Land east of Ixworth Road, Thurston, Mid Suffolk
LPA REF: DC/19/02090 PINS REF: APP/W3520/W/23/3317494
Appeal against the non-determination of a planning application for: “Outline planning application for up to 210 dwellings, introduction of structural planting and landscaping, natural and semi-natural green space including community growing space(s), children's play area, sustainable drainage system (SuDS) and vehicular access from Ixworth Road IP31 3QE. All matters to be reserved except for access.”
The appeal wase heard from 4 July to 5 July 2023 and took place at The Blackbourne Community Centre, Blackbourne Road, Elmswell, IP30 9UH.
For a copy of the appeal decision please use this link
As part of the condition imposed at Reserve Matters, the Parish Council and Bloor Homes will commence meetings to agree the Parish Liaison Scheme which will include a cycle of monthly meetings as per Condition 5 of the decision taken.
Condition 5 - PARISH COUNCIL LIAISON SCHEME - Prior to commencement requirement for additional information.
Prior to commencement or site preparation whichever is the sooner:
A written Liaison Scheme shall be submitted to the local planning authority for its formal consideration and approval.
The Liaison Scheme shall include the following:
o A written commitment from the developer to hold regular meetings [virtual or face to face] with Thurston Parish Council [or its representatives] during the entire build programme. The frequency, attendance, scope, method of recording outcomes of such meetings to be agreed - but in any event no less frequently than once a month - after discussion between the developer, the Council as local planning authority and Thurston Parish Council.
o The purpose of such meetings is not only to provide a formal arena for the developer to keep the Parish Council informed as to progress with the build but to afford the Parish Council an opportunity to report complaints and/or complements from the Community about activity on site that may have caused issues, for the developer to then look into these matters, take such action as appropriate to resolve those issues and then report back to the Parish Council.
o The Liaison Meetings shall be operated such as to afford the Parish Council an opportunity to provide input and feedback into such matters as playground design and open space management. and, The District Council, as local planning authority shall be required to approve the Parish Council Liaison Statement in writing via an appropriate submission of detail application by the developer, where the content is considered satisfactory. Where such a Scheme has been approved in writing by the local planning authority the restriction on commencement und this condition is then lifted.
The developer shall implement the Parish Council Liaison Scheme as agreed
Reason: The District Council's Development Control Committee welcomed the extensive degree to which the applicant had involved the local community in consultation and wishes this continue during the lifetime of the build. It is also conscious in some cases major development activity elsewhere in the District, including Thurston itself, has on occasion generated complaints of undue disturbance, congestion, mud on the road and more from local residents. Such complaints have at times also generated enforcement investigations which have exposed potential breaches of condition. Experience within the District has shown that sites being operated by developers that engage in regular dialogue during 'the build' with the relevant Parish Council/s tend to generate fewer serious complaints from residents as the liaison builds a better working relationship between those undertaking approved development and established communities around a site and assists in identifying possible conflict points earlier than otherwise might occur. This often affords the opportunity to identify and deliver solutions that avoid serious and avoidable tension within the community.
Permisison is granted for the Bloor Homes Reserved Matters (Beyton Road - 210 dwellings) - 22.06.2023
To view the details and decision: planning permission
Update March 2023
Application - DC/20/05894 Proposal: Submission of Details (Reserved Matters) for Outline Planning Permission DC/19/03486. Layout, Scale, Appearance and Landscaping to be considered for the construction of 210no dwellings, public open space, play area, sustainable drainage features and associated infrastructure including foul sewerage pumping station on Land South West Of, Beyton Road was approved by the Local Planning Authority on 6 March 2023. The Parish Council attended the meeting and whilst it supported the reserved mattes application, it spoke over issues relating to road safety and in particular the safe passage of cyclists in the vicinity of the application site and manage to secure a 3 metre wide footway / cycleway around the entire permiter of the site.
Bloor Homes has submitted a revised application for reserved matters for DC/19/03486. Application - DC/20/05894 Proposal: Submission of Details (Reserved Matters) for Outline Planning Permission DC/19/03486. Layout, Scale, Appearance and Landscaping to be considered for the construction of 210no dwellings, public open space, play area, sustainable drainage features and associated infrastructure including foul sewerage pumping station on Land South West Of, Beyton Road will be discussed in full at the Parish Coucil Meeting of 1 March 2023 and a comment will be submitted to the Local Planning Authority by 6 March 2023.
Order from the Supreme Court - R (on the application of Thurston Parish Council) (Appellant) v Mid Suffolk District Council and others (Respondents) UKSC 2022/0173 - The Supreme Court have refused the Parish Council's permission to appeal the Court of Appeal's decision. It was stated that the application did not raise an arguable point of law in the general public importance.
As such the decision taken by Mid Suffolk District Council, the Local Planning Authority, for the Outline Planning Application for DC/19/03486 stands in line with the judgement from the court of appeal:
"Outline Planning Permission (some matters reserved - access to be considered ) - Erection of up to 210 dwellings, means of access, open space and associated infrastructure, including junction improvements (with all proposed development located within Mid Suffolk District, with the exception of proposed improvements to Fishwick Corner being within West Suffolk) on land South West Of, Beyton Road, Thurston, Suffolk"
A copy of the outline planning permisison can be found using this link
Further Update November 2022
The Parish Council's Legal Team, as instructed, submit an Appeal to the Supreme Court against the decision taken by the Appeal Courts.
Update November 2022
The Parish Council were unsuccessful at the Appeal Hearing on 18 October 2022. The Order of Mr Timothy Mould QC dated 21 February 2022 was set aside and the Parish Councilwas orderd to pay the costs of the First Appellant (Mid Suffolk District Council) sumarily assessed and capped at £5,000 in respect of the appeals and £10,000 in respect of the proceedings in the High Court.
Update October 2022
The Appeal Hearing for the case CA-2022-000432 The Queen on the application of Thurston Parish Council v Mid Suffolk District Council & ORS is to be heard on 18 October 2022.
Update May 2022
The Rt. Hon. Lord Justice Lewison has granted leave to Bloor Homes and Mid Suffolk District Council to appeal the judgement of the Deputy High Court Judge on the grounds that the appeal has a real prospects of success.
Update March 2022
The Defendent and Interested Parties in the case outlined below have sought permisison in the Court of Appeal (Civil Division) to appeal against the judgement of the Deputy High Court Judge handed down on 18th February 2022.
Update February 2022
Folloiwng the judgment handed down in the case CO/297 2021 Thurston Parish Council v Mid Suffolk District Council, the Defendent (Mid Sufolk District Council) was ordered to quash the granting of the planning permisison to the Interested Party (Bloor Homes Limited and Sir George Agnew) ated 23 December 2020 (DC/19/03486); to pay the Claimant's costs in the sum of £35,000 and refusal was given for the Defendent's and Interested Party's applications for permisison to appeal to the Court Of Appeal.
Judgement in the case CO/297 2021 was handed down on 21 February 2022 with the Deputy High Court Judge finding in favour of Thurston Parish Counciil on grounds 1 and 2.
Update December 2021
Following the issuing of the Post Hearing Letter by the Inspectors undertaking the Examination into the Babergh and Mid Suffolk Joint Local Plan (dated 9 December 2021) and Babergh and Mid Suffolk District Council's response (dated 10 December 2021), the Parish Council's legal team has sought an application to adduce further evidence and have this included as support of its case CO/297/2020 - THURSTON PARISH COUNCIL -V- MID SUFFOLK DISTRICT COUNCIL - C SOLS REF: BMG/JM/052513-0002.
DC/21/06275 - Boor Homes has submitted a duplicate application for reserved matters - Submission of Reserved Matters for Outline Planning Permission DC/19/03486. Layout, scale, appearance and landscaping to be considered for the construction of 210 dwellings, public open space, play area, sustainable drainage features and associated infrastructure including foul sewerage pumping station @ Land south west of Beyton Road.
This application was discussed by the Parish Council at a meeting of the Planning Committee on Wednesday 15th December 2021. A detailed response confirming the Parish Council's objection to this site has been submitted to Mid Suffolk District Council, the determining authority for planning matters for Thurston. For details of the application please visit the website of Mid Suffolk District Coucil using this link for the plans/documents submitted.
Update October 2021
The Judicial Hearing for the challenge as submiited by the Parish Council in the case of CO/297/2020 - THURSTON PARISH COUNCIL -V- MID SUFFOLK DISTRICT COUNCIL - C SOLS REF: BMG/JM/052513-0002 - was held at the High Court on 20 and 21 October. The Judge has deferred judgement and will issue a wrotten response in due course.
Update July 2021
DC/20/05894 - Bloor Homes has submitted further details in respect of the application for reserved matters - Submission of Reserved Matters for Outline Planning Permission DC/19/03486. Layout, scale, appearance and landscaping to be considered for the construction of 210 dwellings, public open space, play area, sustainable drainage features and associated infrastructure including foul sewerage pumping station @ Land south west of Beyton Road.
This application was discussed by the Parish Council at the Parish Council meeting on 4 August 2021. A detailed response confirming the Parish Council's objection to this site has been submitted to Mid Suffolk District Council, the determining authority for planning matters for Thurston. For details of the application please visit the website of Mid Suffolk District Coucil using this link for the plans/documents submitted.
Update June 2021
CO/297/2020 - THURSTON PARISH COUNCIL -V- MID SUFFOLK DISTRICT COUNCIL - C SOLS REF: BMG/JM/052513-0002 - Court sets dates for the Judicial Review Hearing as 20 and 21 October 2021.
Update June 2021
DC/21/02505 - Mid Suffolk District Council approves the Discharge of Condition 16 (Farmland Bird Mitigation Strategy) as submitted under DC/19/03486 for land south west of Beyton Road.
DC/21/02506 - Mid Suffolk District Council approves the Discharge of Condition 28 (Archaeology: Post Investigation) as submitted under DC/19/03486 for land south west of Beyton Road.
Update March - May 2021
Legal papers submiited by the Claimant, Defendent and Interested Parties in the High Court of Justice Queen's Bench Divsion Planning Court - CO/297/2020
Update March 2021
DC/21/00302 - Mid Suffolk District Council approves the Discharge of Condition 22 (Water and Efficiency Measures) as submitted under DC/19/03486 for land south west of Beyton Road.
Update 23 February 2021
Thurston Parish Council (claimant) is granted permission to bring a Judicial Review claim against Mid Suffolk District Council (defendent) on the following three grounds: 1) Members were wrongly advised as to the weight to be accorded to the Neighbourhood Development Plan; 2) Members were wrongly advised on the application of the "tilted balance" in paragraph 11(d) of the National Planning Policy Framework; and The Decision prejudices the yet to be concluded Local Plan process.
Update January 2021
DC/20/05894 - Bloor Homes has now submitted an application for reserved matters - Submission of Reserved Matters for Outline Planning Permission DC/19/03486. Layout, scale, appearance and landscaping to be considered for the construction of 210 dwellings, public open space, play area, sustainable drainage features and associated infrastructure including foul sewerage pumping station @ Land south west of Beyton Road.
The application was discussed by the Parish Council at a virtual meeting on 27 January 2021. A detailed comment was submitted to Mid Suffolk District Council, the determining authority for planning matters for Thurston by 2 February 2021. For details of the application please visit the website of Mid Suffolk District Coucil using this link for the plans/documents submitted.
DC/19/03486 - Mid Suffolk approves the Discharge of Condition 15 (Tree Protection Measures) as submitted under DC/21/00418 for land south west of Beyton Road.
Update December 2020
DC/19/03486 - Mid Suffolk District Council issues planning permission for the erection of up to 210 dwellings, means of access, open space and associated infrastructure, including junction improvements (with all proposed development located within Mid Suffolk District, with the exception of proposed improvements to Fishwick Corner being within West Suffolk) - land South West Of Beyton Road Thurston Suffolk. A copy of the planning permission can be read using this link>>
Update - April - December 2020
The Parish Council's legal team are in continuing correspondence with Mid Suffolk's Legal Team for details relating to S106, protocol and the misleading of the Committee by Planning Offices following the decision to approved planning permission for planning application DC/19/03486.
Update - September 2020
DC/19/02090 Land to the East of Ixworth Road - this application was brought back to the Mid Suffolk Planning Referrals Committee on 16 September 2020 for further debate. (Use this link to be provided with the paperwork detailing the grounds upon which it was brought back) - grant planning permission as per the recommendations outlined in the report (use this link for a copy of the minutes from that meeting) subject to the signing of a S106 agreement
Update - June 2020
Planning Application DC/19/1519/OUT - Land Adjacent to Fishwick Corner, Thurston Road, Rougham - Outline Planning Application (means of access to be considered) - (i) proposed improvement to Fishwick Corner in West Suffolk Council and (ii) 210no. dwellings means of access, open space and associated infrastructure, including junction improvements with all proposed development located within Mid Suffolk District Council.
At the West Suffolk Development Control Committee Meeting on 3 June 2020, members voted to approve the scheme.
Update - May 2020
Planning Application DC/19/1519/OUT - Land Adjacent to Fishwick Corner, Thurston Road, Rougham - Outline Planning Application (means of access to be considered) - (i) proposed improvement to Fishwick Corner in West Suffolk Council and (ii) 210no. dwellings means of access, open space and associated infrastructure, including junction improvements with all proposed development located within Mid Suffolk District Council.
At the West Suffolk Development Control Committee Meeting on 13 May 2020, members discussed the part of the proposal submitted by Bloor Homes that was located within West Suffolk District Council's jurisdiction. At the meeting, members were minded to refuse the application. The application will now be returned to committee at a later date for what is termed a risk assessment which takes place if acommittee go against officer recommendation for a major application. The officers advise the committee around likely appeal and reasons for refusal.
Update - March 2020
At the Parish Council Meeting of 4 March 2020, it was confirmed that the Parish Council of Thurston, via their legal representatives, had issued on Monday 20 February 2020 to the Chief Executive of Babergh and Mid Suffolk District Councils, a Pre-action Protocol Letter for Judicial Review Claim challenging the validity of Mid Suffolk District Council’s manner of dealing with the planning applications made by
(1) Bloor Homes and Sir George A. Agnew for development on Land South West of Beyton Road, Thurston, Suffolk (ref. DC/19/03486) for “Outline Planning Application – Erection of up to 210 dwellings, means of access, open space and associated infrastructure, including junction improvements. [Means of access not a reserved matter]”
(2) Gladman Developments Ltd for development on Land to the East of Ixworth Road, Thurston, Suffolk (ref. DC/19/02090) for “Outline Planning Application (some matters reserved) – Erection of up to 210 dwellings and new vehicular access to include planting and landscaping, natural and semi-natural green space including community growing space(s), children's play area and sustainable drainage system (SuDS), to include 35% affordable dwellings”.
In summary the challenge is as follows:
The letter submitted detailed the action that it expected Mid Suffolk to take which was that as Council had not yet granted planning permission on either application, both should be returned to committee for reconsideration in accordance with the correct legal principles as to (1) the presumption in favour of the development plan and (2) the requirement to avoid prejudicing the draft Local Plan process. A response has been requested by 9 March 2020.
Update - February 2020
Both of the planning applications listed below were the subject of intense dedate at the mMid Suffolk Planning Referrals Committee Meeting on Wednesday 29 January 2020 at Endeavour House in Ipswich.
A copy of the meeting as recorded and uploaded to youtube can be found using this link: link to video recording of 29 January 2020 .
The decisions taken at this meeting were as follows:
DC/19/03486 - land south west of Beyton Road - grant planning permission as per the recommendations contained within the report (use this link for a copy of the report) subject to the signing of a S106 agreement. Add an ecological mitigation to the S106 obligation.
DC/19/02090 - land to the east of Ixworth Road, Thurston - defer. Minded to refuse subject to (a) further anaylsis of the highway situation at the Bunbury Arms and Barton Road / Station Hill junction (b) updated information on railway station improvements and (c) greater certainty over the landscape buffer forming part of the scheme. And that the application be reported back to Committee with such further information. (Use this link for a copy of the report submitted)
January 2020
As residents you will be aware that Thurston has once again been targeted for more development:
DC/19/03486 - Outline Planning Application (some matters reserved - access to be considered ) - Erection of up to 210 dwellings, means of access, open space and associated infrastructure, including junction improvements (with all proposed development located within Mid Suffolk District, with the exception of proposed improvements to Fishwick Corner being within West Suffolk) - land South West Of Beyton Road Thurston Suffolk
DC/19/02090 - Outline Planning Application (some matters reserved)- Erection of up to 210 dwellings and new vehicular access to include planting and landscaping, natural and semi-natural green space including community growing space(s), children's play area and sustainable drainage system (SuDS), to include 35% affordable dwellings - lLand To The East Of Ixworth Road Thurston Suffolk
Both of these applications are to be determined at the Mid Suffolk Planning Referrals Committee Meeting on Wednesday 29 January 2020 at Endeavour House in Ipswich.
Your Parish Council has and continues to make representations against these applications and will be speaking at the Referrals Committee on Wednesday requesting that these applications be refused on the grounds that any benefits offered will be considerably outweighed by the adverse impacts to the village of Thurston.
It will be stated that both applications have failed to demonstrate that they are able to be considered sustainable development across each of the different objectives as identified in the National Planning Policy Framework:
a) an economic objective – to help build a strong, responsive and competitive economy, by ensuring that sufficient land of the right types is available in the right places and at the right time to support growth, innovation and improved productivity; and by identifying and coordinating the provision of infrastructure;
b) a social objective – to support strong, vibrant and healthy communities, by ensuring that a sufficient number and range of homes can be provided to meet the needs of present and future generations; and by fostering a well-designed and safe built environment, with accessible services and open spaces that reflect current and future needs and support communities’ health, social and cultural well-being;
and
c) an environmental objective – to contribute to protecting and enhancing our natural, built and historic environment; including making effective use of land, helping to improve biodiversity, using natural resources prudently, minimising waste and pollution, and mitigating and adapting to climate change, including moving to a low carbon economy.
Representations made to date:
Thurston Parish Council has also produced a short video which has been circulated to all members of the Mid Suffolk Referrals Committee requesting them to pause before granting any further development to allow that which was approved in 2017 to be built, residents settled in and to ensure the infrastructure package promised is achieved and is fit for purpose.
Click here to view a copy of this video (7 minutes in length):
