AN application to build 28 affordable homes in Bardsley was approved for a second time by planning committee after it was brought back before members.

Oldham Council planning committee previously granted permission for 28 affordable homes at land off Keb Lane.

However, before a decision notice could be sent out to the applicant, First Choice Homes Oldham, a Pre-Action Protocol letter for Judicial Review of the decision was received.

The letter disputed the content of the Design and Access statement, with the claimant, a local resident, arguing that it did not clarify and explain issues related to the application.

The letter argued that the Design and Access statement should have clarified how the proposed development and access would impact the local highways network, including parking and traffic and did not clarify that there has been no consultation about access.

However, as the claim had been sent prior to the application being formally determined, it was considered "premature" and "without merit".

Stephen Irvine, Head of Planning and Infrastructure at Oldham Council: "It would be entirely wrong for officers not to bring forward the details of a judicial review.

"The council is into transparency and if I had brought an issue without telling members about the JR claim that would have been an extremely unsafe decision.

"Therefore it is only right that when new information comes in that might have affected the members original decision that we we brought the matter back."

He added that officers also do not feel the Judicial Review has any substance in regards to a deficient Design and Access Statement and explained where the document had addressed both design and access issues raised by the claimant.

Officers added that objectors arguments were also taken into account by the council, including members deferring the first application over concerns raised in respect of car parking an access.

It was following this meeting that the applicant resubmitted the plans with changes to access arrangements. Objectors and Councillor Kaiser Rehman were also given a chance to speak at at the subsequent planning meeting in September and there was no objection from the Highways Engineer to the application.

Mr Irvine added: "What that shows is that overall it is really difficult to argue how any further information could have led to a different result.

"You can see from all the information that there was plenty of opportunity to engage, plenty of opportunity to get the points over."

The application was once again recommended for approval by officers, subject to conditions and the singing of a Unilateral Undertaking to works to enhance the existing open spaces within the Bardsley area, provide 70 new trees, creae community open space and provide 10 bird and bat boxes on and around the development.

However objector Suzanne Dyer said: "We would like some serious consideration to be given to these access issues and also the lack of information about the impact on the local area and lack of amenities.

"First Choice Homes still haven't provided solid information about the routes being taken and the provision for disabled resident access.

"I don't think it is reasonable to suggest this development may not own cars and so this issue wouldn't be a problem.

"We also ask you take into account the loss of open space as this is still a huge part of our objection.

"This affects the health and wellbeing of this community and the loss of this space would affect the availability of recreational spaces for all residents."

Local ward Councillor Rehman also argued that members should refuse the application, stating that the Design and Access statement provided is based on "assumptions"

He said: "The developer hasn't actually specified which way people are coming into Levington Drive so how can you assess the impact of something if you don't know which way they are coming in from.

"Secondly they are saying no disabled person is going to be affected but what assessment on consultation has been done?"

However Louise Chambers, Land and Planning Manager at First Choice Homes Oldham, said: "FCHO has not changed or altered the proposal previously submitted to the council and the requirement for these homes within the Bardsley area remains the same.

"This proposal is a sustainable use of available land to FCHO for the provision of much needed affordable homes."

She highlighted that FCHO had listened to concerns raised about access and made amendments to the access arrangements after further site visits and in consultation with planing and highway officers, with the local community were made aware of the changes.

She continued: "Indeed the access proposed was fully debated at the September planning committee and along with highways and planning officers comments, comments from the community and councillor Rehman, the committee members fully addressed this matter and considered the access agreeable."

FCHO secured almost £1million of home and community agency grant funding where to develop this site for affordable homes.

"This is vital investment into Oldham to enable to provision of affordable housing and to retain this funding we must meet guidelines to be able to draw down the grant funding, including time scales for starting and finishing the development."

The application was approved by the planning committee.