A developer set to build new homes in a Cotswolds village has been ordered by councillors to use natural stone, putting the local authority at risk of a costly legal battle.
Spitfire Bespoke Homes got planning consent to build 21 new homes in Hawkesbury Upton near Badminton in July of last year.
With the layout and height of the development already agreed, the developer sought consent to use manufactured finishing materials for the mainly two-storey, stone and render houses as part of its “reserved matters application” in April.
But villagers objected to the use of reconstituted stone and “white plastic windows” on the land south of Park Street, which lies in an area of outstanding natural beauty and right next to a conservation area.
They were supported by Hawkesbury parish councillor John Turner and the South Gloucestershire Council member for Chipping Sodbury and Cotswold Edge, Adrian Rush.
The councillors asked a planning committee to force the developer to use natural stone and slate for the facing stonework and roofing on the homes.
But an agent for the developer argued that the composite materials proposed were “high quality” and in keeping with the character and appearance of the village.
Council officers were of the same opinion and recommended the application for approval, writing in their report: “It would be difficult to obligate the applicant to use natural materials when the alternative proposed pleasantly responds to the local context.”
Committee members heard that planning law did not allow them to insist on the use of natural materials because the development lay outside a conservation area, not inside.
Sadly, the meeting on October 31 was called to a sudden halt by the tragic death of an elderly man just as committee members were about to vote on a proposal requiring the developer to use “natural quarried” stone and slate.
When they reconvened on November 14, a planning officer warned committee members that such a condition “provided no leeway” could have significant “unintended consequences”.
The extra expense could could threaten the financial “viability” of the project, he said. The developer might try to renegotiate agreed planning obligations, such as providing home-to-school transport, in compensation.
Worse, Spitfire Bespoke Homes might even appeal the decision and win, he warned.
The committee's “bold and inflexible” demand might not meet the legal test for a planning condition to be “necessary” and “reasonable”, the officer said.
Committee members were undaunted, however.
Councillor Brian Hopkinson said he thought the developer would be able to charge a “premium” for homes with a proper stone finish, so viability should not be a problem.
“As far as I’m concerned, it should be okay,” Cllr Hopkinson said. “If it goes to appeal, it goes to appeal.”
Councillor Michael Bell said he was not happy about reducing the number of affordable homes.
But the committee voted unanimously to require the developer to “natural quarried stone” for “all facing stonework” and “natural quarried slate” for “all roofing slate”.
Under the permission granted, the council must check the stone and slate and the door and window materials before the developer uses them.
The reserved matters application was originally considered on October 3 but a decision was deferred to allow a site visit on October 18.
A 144-signature petition was received at the site visit, but it addressed access arrangements which had already been permitted.
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