L3 Harris planning application rejected

A planning application submitted by the manufacturing company L3 Harris was refused by councillors at Planning Committee on 5 June 2024.

The application was for the permanent retention of a temporary extension to their premises at Emblem House, Home Farm Business Centre. That extension was granted a five-year permission in 2018.

This application was originally due to be heard at committee in March but was delayed while councillors sought legal advice on the potential implications of the proposal.

The reason for refusal was agreed as:

“The benefit of retaining the extension on a permanent basis would be outweighed by its impact on community cohesion and on the provision of safe, accessible spaces and would have a disproportionate impact on those with protected characteristics, increasing discrimination, harassment, and victimisation, to the detriment of fostering good relations between people of one race and another, or one religion and another, contrary to section 149(1) of the Equality Act 2010 and paragraph 135(f) of the NPPF, and Strategic Objectives 19 and 20 and Policy SS1 of the City Plan Part 1.”

Legal advice

The council’s Legal team sought advice from Counsel on a number of issues and whether they could be taken into account with this application by the Planning Committee when making their decision.

These included: the Public Sector Equality Duty; the activity undertaken by the applicant; the application of international law; and the community impacts of the application.

The Planning Committee were instructed on the legal advice received as well as the equality impacts of the development as listed in the General Equality Impact Assessment Form.

Legal advice said that it was open to Planning Committee members to determine, as a matter of their planning judgment, the weight given to equalities issues and the requirements of the Public Sector Equality Duty. In this case, members needed to consider whether granting or refusing this application could have a disproportionate impact on individuals or groups with protected characteristics.

The Public Sector Equality Duty requires the council to pay due regard to the need to eliminate discrimination, harassment, and victimisation and to the fostering of good relations between persons of one race and another, or of one religion and another.

Consultation

603 objections to the scheme were registered during the public consultation, together with one letter in support. A petition with 130 signatures was also received.

The decision to reject

In the meeting, committee members were given a presentation by planning officers and heard from speakers before discussing the application. Key considerations discussed were the principle of the development; the design and impact on character of the area; and other material considerations.

Following a debate, the committee decided to refuse planning permission, with 0 councillors voting in favour of the scheme and 9 voting against.

All documents relating to the application can be viewed through our online Planning Register by searching for application BH2023/03236.

You can watch a recording of the Planning Committee webcast on our website.