New UK planning law shifts final park decision to officers

Elected members of Somerset Council lost the final say on the design for a new Taunton park because of a change in national law. The Orchard Grove consortium submitted revised plans for Hortsbridge Park in mid-April. These plans include an amphitheatre, allotments, a play area for older children, and new walking and cycling links.

The plans were scheduled for a public debate at the planning committee meeting on October 28. However, last minute interventions from Taunton Town Council and Trull Parish Council prompted the committee to delay the decision. The members wanted more time to examine the new objections in detail.

The deferral creates a procedural hurdle. Changes to UK planning law took effect on October 31. Under these new rules, specific types of amendments must be decided by planning officers rather than elected councillors. Because the park designs are classified as a non-material amendment to the original outline plans, they can no longer be brought before a public committee for a final vote.

The proposed park will be located north of Egremont Road in the Orchard Grove estate. It is situated between Lipe Hill Lane to the west and Comeytrowe Road and the primary school to the east. The allotments will be placed immediately north of Egremont Road. A car park and vehicular access will be built near the existing active travel link on Lipe Hill Lane.

The allotment area will include a facilities block with toilets and raised beds for elderly or disabled users. At the eastern end of the site, across Galmington Stream, a new amphitheatre will be built. A large play area designed for children aged eight and above will be located next to it. The open space will feature a raised polymer boardwalk and bridge, along with shared footpaths and cycle links.

Councillor Derek Perry proposed the deferral at the start of the committee meeting on the afternoon of October 27. He cited recent comments from Taunton Town Council and Trull Parish Council that he described as extensive. Perry noted that some concerns appeared to stem from misunderstandings and said further engagement was necessary. He stated that the case officer, Simon Fox, planned to meet with both councils to discuss their concerns.

Perry explained that the deferral was a legitimate step to maximize public engagement. However, he acknowledged that the change in law meant the application could not return to a committee for a decision. He said the matter would still be brought back to the committee for an update and debate, but the members would only be able to note the officers' final decision.

The Ministry for Housing, Communities and Local Government announced changes to the national scheme of delegation in early June. These rules require planning officers to determine non-material amendments through delegated powers. The council has traditionally used its discretion to bring all applications for the Orchard Grove site to a public meeting, regardless of their scale. The new law removes that discretion for this type of application.

The committee voted to defer the decision by eight votes to one, with one abstention. Neither Taunton Town Council's nor Trull Parish Council's comments had been published on Somerset Council's planning portal as of the morning of October 28. Perry did not specify the substance of these concerns during the public session.

Perry added that the new law contains no transitional provisions. This means it does not matter that the application was submitted, validated, or previously heard by a committee before October 31. The council's planning officers are expected to issue a formal decision on the park plans before Christmas.