Agenda item

Recommended for Approval.

Mr Turton addressed the Committee in objection to the application.  Mrs Styles spoke for the application.  Councillor I Devonshire, as the local ward Member, addressed the Committee in respect of a number of issues and concerns regarding the application.

The Head of Planning and Building Control recommended that in respect of application 3/15/1952/FUL, planning permission be granted subject to the conditions detailed in the report now submitted.  Members were referred to the additional representations summary for an amended condition regarding land contamination issues.

The Head summarised the application and advised that the site was just outside a category 1 village but was adjacent to the village meaning that the application was a sustainable form of development.  Members were again reminded that the National Planning Policy Framework (NPPF) stipulated that applications should be granted unless there would be significant and demonstrable harm that would outweigh the housing need.

The Head stated that there would be no significant harm to the character and appearance of the area and there would be no adverse impacts in terms of highways, ecology and neighbour amenity, subject to the conditions detailed in the report.

Officers had received legal advice regarding an outstanding Section 52 legal agreement on the basis that this related to an earlier outline application where planning permission had not been implemented and had therefore expired.  This agreement was not enforceable and was therefore not a material planning consideration.

In response to Members’ comments , the Head stated that either Station Road or Windmill Way could be used for access, although the traffic from 3 additional houses would not be significant.  Members were reminded that this application could not be expected to mitigate the pre-existing poor condition of the highway.

The Head of Planning stressed that most of the mature category A trees would be retained as would an area of mature planting on the boundaries of the site.  This was good in terms of mitigating the visual impact of the development as well as providing a corridor for the protected species.

The Property and Planning Lawyer confirmed that the Section 52 agreement had been signed but had not been implemented.  This agreement had been superseded by a subsequently implemented planning permission and it would therefore be unreasonable for the Authority to attempt to enforce the Section 52 agreement.  The 1971 Town and Country Planning Act had been superseded by the 1990 Act which had in turn been superseded by more recent legislation and the NPPF.

The Head confirmed that bats tended to forage across the site and follow hedgerow boundaries and condition 13 in the report would ensure that the protected species were looked after.

Councillor J Jones proposed and Councillor S Bull seconded, a motion that application 3/15/1952/FUL be deferred to facilitate further consultation with the applicant regarding the ecology issues in respect of bats and roman snails and also with the Council’s Arboricultural Officer regarding the trees.

After being put to the meeting and a vote taken, this motion was declared LOST.  After being put to the meeting and a vote taken, the Committee accepted the recommendation of the Head of Planning and Building Control as now submitted.

RESOLVED – that in respect of application 3/15/1952/FUL, planning permission be granted subject to the conditions detailed in the report now submitted.