Agenda item

Recommended for Refusal.

Mr Griffiths and Mr Miles addressed the Committee in objection to the application.

The Head of Planning and Building Control recommended that in respect of application 3/16/1742/FUL, planning permission be refused for the reasons detailed in the report now submitted.

The Head stated that Officers were aware that an appeal against non-determination had been lodged, although the Authority had not received confirmation from the Planning Inspectorate that the appeal had been validated or registered.

Officers were seeking this confirmation as soon as possible and it was proposed that the recommendation be altered to the effect that if the appeal was not confirmed as valid as at the date of this Committee meeting then the resolution of the Committee would constitute the formal decision of the Council and a decision notice would be issued.

If however, the appeal was confirmed as valid at the date of this Committee meeting, then the resolution of the Committee would be submitted to the Inspectorate as part of any future appeal proceedings.  The Head summarised the application and referred to the Council’s obligation to demonstrate a 5 years supply of housing land.  Members were advised that Officers considered the site to be a reasonably sustainable location.

The Head also advised that the application was acceptable in terms of the impact on listed buildings, highways safety, parking, ecology and the impact on neighbouring properties.  Members were advised of local problems with flooding although the Lead Local Flood Authority had stated that the drainage system could be made acceptable.

Officers had concluded however, that the scheme could not be supported due to the significant adverse impact on the surrounding area.  This adverse impact outweighed the benefits of the proposal in terms of contributing to the 5 years housing land supply.

Councillor M Freeman expressed concerns regarding access with particular reference to pedestrians using a single footpath in an area where tyre marks of vehicles on the verges were very evident.  He also expressed concern that it should not take an unacceptable planning application to trigger the rectification of an existing flooding problem which the relevant authorities should be working to resolve.  Councillor D Andrews emphasised that it was not the responsibility of the Lead Local Flood Authority to rectify flooding resulting from surface water run-off from what was a very extensive area.

The Legal Services Manager endorsed the point made by the Head of Planning and Building Control regarding the need to amend the recommendation following the appeal on non-determination and the uncertainty over the appeals validity.

Councillor P Ruffles proposed and Councillor M Allen seconded, a motion for a second reason for refusal regarding the impact of the proposed development on heritage assets.  After being put to the meeting and a vote taken, this motion was declared CARRIED. 

The Committee accepted the recommendation of the Head of Planning and Building Control as now amended.

RESOLVED – that (A) in respect of application 3/16/1742/FUL, if the appeal against non-determination of the application was not valid as at 8 March 2017, planning permission be refused for the reasons detailed in the report now submitted and subject to the following additional reason:

2.    The proposed development, by reason of its siting and scale, would result in a harmful impact on the setting of the listed heritage assets to the west and south west of the application site. It would thereby be detrimental to national planning policy guidance set out in section 12 of the National Planning Policy Framework.

(B)   if the appeal against non-determination of the application was valid as at 8 March 2017, then the Council would have refused planning for the same reasons as in (A) above.