The former Conservative group leader on Cheshire East is furious councillors' rights to represent residents in planning applications have been 'further eroded' because the council and government have re-written the rules.

Cllr Janet Clowes has been refused permission to call-in a controversial planning application at Wybunbury so it can be determined by the southern planning committee in public instead of being decided by officers under delegated authority.

The Wybunbury councillor wanted to call in an application for permission in principle (PIP) for up to six houses on land off Bridge Street.

This is because the same applicant has already obtained 'permission in principle' for up to six houses on the same field.

PIP is for developments of up to nine homes.

Cllr Janet Clowes, Conservative group leader on Cheshire East Council (Photo: CEC).

Cllr Clowes, who has opposed both applications, believes if this second scheme was approved, it should be classed as a major development of up to 12 homes and the developer would then be subject to different rules, including financial contributions towards items such as affordable housing.

In her call-in letter to the council, Cllr Clowes said: "I believe that the submission of a second PIP application on the same field, using the same access and utility infrastructure, is a cynical abuse of the PIP guidance in order to build a larger development that:

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• Exceeds the nine-dwelling PIP limitation;
• By-passes CELPS, SADPD and NPPF policies related to affordable housing and rural exception policies;
• Bypasses CELPS, SADPD and NPPF policies related to S106 (financial contributions) and CIL (community infrastructure levy) requirement

She quoted a Westminster case where this argument had been upheld.

But her call-in was refused and she was told councillors were no longer able to refer PIP applications to committee for consideration.

Cllr Clowes told the Local Democracy Reporting Service today: "Last June I called-in a PIP application on Bridge Street in Wybunbury (25/2024/PIP) because, in the words of the planning officer, 'the proposal conflicted with the development plan as a whole'.

"The planning committee deferred their decision so that they could visit the site but before the committee could reconvene, the applicant submitted an appeal as PIP applications must be determined within a shorter timescale than full applications.

"In the end, because CEC does not now have a five-year housing supply, the inspector granted the appeal."

She continued: "Within six months of that decision, the same applicant has submitted another PIP application (26/1304/PIP) for another six houses, on the same site utilising the same access.

"There is significant case law why this may be considered a misuse of the PIP process and so I called in this application stating my material planning concerns in line with the councillor 'call-in' process, only to be told that councillors are no longer permitted to refer PIP applications!"

She said this is because, included in the council's updated constitution which was passed at full council in February, a new paragraph had been 'slipped in' on page 206 of the 752-page report, which was not discussed at full council.

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"The change now states that all PIP applications will be determined by planning officers in order to 'enable the statutory time-frame to be met'," said Cllr Clowes.

"Once again, processes by which elected members used to be able to represent their residents are being eroded by both Cheshire East Council and government planning legislation."