THE battle over the development of a greenfield site on the edge of Minehead has taken a new twist - with local councillors no longer be able to decide its future. The company which wants to develop the land off Hopcott Road - the Williams Partnership - has lodged an appeal against West Somerset Council's failure to reach a decision on whether to grant outline planning permission for 71 homes there. And that means the decision on whether the proposed development can go ahead will now be made by a Government planning inspector rather than district councillors. And the council could face a bill for costs if it is found to have acted unreasonably in not making a decision. The application went before members of the council's planning committee last month and was recommended for approval by officers. But councillors deferred making a decision and instead called for more information as the site was just one part of a strategic and much larger parcel of land which had been earmarked to deliver a total of 750 homes as part of West Somerset's emerging local plan. Councillors said they wanted to know how the Williams Partnership's plans would fit in with the wider local plan and called for further discussions about the mix of affordable housing being proposed. But the developer has appealed, accusing the authority of "non-determination" of its application, and has also lodged an application for costs against the council. Planning committee members will be advised of their options when they meet next week and will have to justify why they did not reach a decision previously. They will be told the authority has to draw up a statement of common ground and outline the areas of the application which the council considers to be in dispute. Officers will advise councillors that the only area of dispute is the proposed contents of a legal agreement between the authority and the developer. That agreement would secure affordable housing, a community contribution, off-site highways works and a planning obligation contribution to the council. In a report to next week's planning committee meeting, officer Elizabeth Peeks says: "Officers are mindful that members had additional concerns regarding master-planning of the larger site and how this application would fit in with that. "By submitting an appeal for non-determination, the applicant has made it quite clear that they do not intend to provide any further information. "Therefore, members need to determine whether the non-provision of a masterplan is an additional area of dispute that needs to be put forward at appeal." At the last planning meeting, Mrs Peeks told councillors that as the application was for outline permission, the number of houses was not set in stone and could change, along with plans for cycleways, pedestrian crossings, parking and other details. Councillors were also warned that the only part of the application they were actually being asked to determine was the access to the proposed development. Mrs Peeks also pointed out that as West Somerset's local plan was not at an advanced stage it would not carry much weight legally. And as the council was not able to demonstrate a five-year land supply, the application had to be considered in the context of presumption in favour of sustainable development. But councillors voted overwhelmingly to defer determination of the scheme, wanting more discussions on the relevant conditions and the proportion of affordable housing. The proposal itself was also controversial, attracting a total of 84 letters, the vast majority opposed to it. Local residents who spoke at the meeting raised concerns about the increased risk of flooding, the number of affordable homes - 25 - and the impact of the development on the surrounding area and Minehead's designation as the gateway to Exmoor. A spokesman for the Williams Partnership told the meeting the firm had been working with the planning authority for over a year on the scheme and, as the site had already been earmarked for development, there should be a presumption in favour of a sustainable scheme. The housing was clearly needed and the proposal would not prejudice any development of the wider area. In a statement issued this week, the council confirmed a decision on the planning application had been taken out of its hands: "West Somerset Council will no longer be determining the planning application for 71 dwellings at Hopcott Road, Minehead, as the applicant, Williams Partnership of Minehead, has lodged an appeal. "The appeal has been submitted following deferral of the application by the planning committee on June 26. "The decision will now be made by the Planning Inspectorate and the council is required to agree areas of common ground and identify where there remains a difference between the parties. "A report will be taken to the planning committee on July 31 and members will be asked to identify the areas of dispute so that the appeal can be heard and defended where appropriate."