Agenda and minutes

There were no apologies.

Cllr Braithwaite declared an interest in item 4 on the agenda.

Cllr Bates declared an interest in items 5 and 6 on the agenda.

Cllr Becket declared an interest in item 15 on the agenda.

Cllr Stringer declared an interest in items 5 and 6 on the agenda.

The minutes of the previous meeting will be sent to follow.

It was noted that Cllr Mrs Heesom’s apologies had not been recorded for the previous meeting.

Resolved:     That the minutes of the previous meeting be agreed as a correct record.

Cllr Naylon spoke against the application.

Cllr Kearon spoke against the application.

Officers reminded the Committee that the recommendation was to defer any decision relating to the application at this time to allow for the receipt and consideration of the Final District Valuer’s report.

If the Committee wished to consider a site visit then it was recommended that a decision relating to this be made.

A site visit was proposed on the grounds that should the application be deferred at this time a site visit at a later time would be unreasonable.

It was also noted that a site visit had been recommended by both the applicant and the objectors.

Some concerns were raised by a member that there were no provisions should it be decided by the applicant that having started the development it was no longer viable to continue and it was suggested that a provision be made to ensure that the site was not left in a poor state. Officers stated that this would be included.

Resolved:     That a decision on this application be deferred to enable the receipt and consideration of the Final district Valuer’s report and so that a site visit could be held on Thursday 24^th July at 6.15pm

Officers confirmed that there was already outline consent for retail development of a certain size therefore this cannot now be in question. Therefore the Committee were advised to only consider the variation and removal of conditions as stated in the report.

Resolved:

a)    That subject to the securing of an obligation by 13th August 2014 requiring the applicant to pay £2,100 travel plan contribution:

·        Conditions 5, 18 and 20 of 10/00080/OUT to be varied in the terms outlined in the application, conditions 19 and 21 of 10/00080/OUT to be deleted, an additional condition regarding the hours of servicing of the development,  and all other conditions of 10/00080/OUT to continue to apply.

b)    That should the obligation not be secured within the above period, the Head of Planning and Development be given delegated authority to refuse the application on the grounds that without such a matter being secured the development would fail to contribute to the provision of a sustainable development; unless he considers it appropriate to extend the period for completion of the obligation.

Resolved:

a)    That the application be permitted, subject to conditions relating to the following matters:

• Link to outline planning permission and conditions
• Approved plans
• Materials to be as per the submission, or other materials to be agreed in writing
• Submission/approval/implementation of details of site access
• Roads, parking, servicing and turning areas in compliance with Drawing No. 8419 P14 Rev D
• Compliance with arboricultural method statement
• Construction environmental management plan
• Noise assessment
• Restrictions on HDV activity
• Restrictions on access to car parking areas
• Lighting
• The submission of details of a pedestrian/cycle path link up to the boundary of the site and subsequent implementation and retention of that link for public use. 

Resolved:

(a)  That the application be submitted subject to:

·        Condition 16 of 03/00790/REM to be varied to require the provision of two bus stops within the development (one bus stop with a shelter and one bus stop with a raised curb only).

·        A condition requiring approval of full details of brook crossing and its implementation within a period of time reflecting completion of the remainder of the development.

Resolved:

That the application be permitted subject to the following conditions;

•           Link to outline planning permission and conditions

•           Plans and finishing materials as per application details

•           That the amended landscaping scheme be implemented including replacement trees for those damaged on site.

Resolved:

That the application be permitted with the following conditions;

(i)         Standard time limit

(ii)        Approved plans

(iii)       Equipment cabinets to be coloured green

(iv)       Submission and approval of an arboricultural method statement and an arboricultural site monitoring schedule to BS5837:2012

Resolved:

That the application be permitted subject to the following conditions:

1.         Commencement within 3 years;

2.         Development being carried out in accordance with the approved Plans;

3.         Equipment cabinets to be finished in green.

Resolved:

That both applications be refused (reference 14/00412/FUL and 14/00413/FUL) for the following reasons:

1. The proposed access to the A51 Stone Road is geometrically substandard in that the access is of insufficient width to accommodate vehicular movements associated with a commercial livery and the entry radii on the access are insufficient to accommodate the swept path of all types of vehicles which would require access to the proposed commercial livery.

2. The traffic generated by the proposed development would be likely to result in an increase in highway danger owing to increased use of the existing access which affords restricted visibility for drivers emerging from the access and or for drivers of vehicles travelling on the A51 Stone Road.

B. The Head of Central Services, if satisfied that there is sufficient evidence that a breach of conditions has taken place, be authorised to issue a breach of conditions notice and all other notices and to take and institute on behalf of the Council all such action and prosecution proceedings as are authorised by and under the Town and Country Planning Act 1990 to secure compliance with the conditions of the permission which restrict the use of the building and manege to the applicant and the owner of Maerfield Gate Farm.

Resolved:    

That the application be permitted subject the following conditions:

i) Hours of operation allowing use between 0900 and 1500 on weekdays only.

Resolved:

That the application be permitted subject to the following conditions:

1. Time limit.

2. Approved plans.

3. Prior approval and provision of visibility splays.

4. Parking turning access, passing place, parking, servicing and turning area being provided in accordance with the submitted details.

5. Surfacing of the access drive.

6. No lighting.

7. No funeral services shall be held at the site.

8. All burials shall be positioned at acceptable distances from Controlled Waters in accordance with the recommendations of the Environment Agency.

Resolved:

That the application be permitted subject to the following conditions:

(i) Commencement of development.

(ii) Approved plans.

(iii) Prior approval of any additional external ancillary equipment.

(iv) Removal of installation at the end of its working life

Cllr Becket stated that he would be registering an interest in this item due to the fact that he had requested it to be brought before the planning committee and had previously made statements relating to the subject on behalf of his constituents.

Other Members highlighted the importance of ensuring that the time limits stated in the report were adhered to.

Resolved:

a)    That the Council take no formal action at this time Subject to:

i)          The industrial skips, portacabin and fuel tank having been removed (and not brought back)

ii)         The owner submitting a full planning application by the 31st July 2014 for the engineering works in the form of the construction of a pool, the formation of an access track and the depositing and removal of soil, and

iii)        Appropriate restrictions as detailed above (relating to hours of operation, road sweeping) being complied with from now on up to the determination of the application,

b)    Should

i)          Either a full planning application not be received by 31st July 2014 or

ii)         the industrial skips, portacabin and fuel tank either not have been removed or be brought back onto the site, or

iii)        the interim restrictions detailed in a) above not be complied with

having regard to the provisions of the development plan and to all other material considerations, the Head of Central Services be authorised to issue enforcement and all other notices and to take and institute on behalf of the Council all such action and prosecution proceedings as are authorised by and under the Town and Country Planning Act 1990 for the following;

A.        Removal of the industrial skips, fuel tank, machinery and a portacabin within one month from the date of the notice, and

B.        Appropriate restrictions on the vehicle movements to and from the site to limit the impact on highway safety and residential amenity levels.

C.        All activity associated with the engineering works, i.e. the vehicle movements, the removal of soil from the site, and the re-contouring of the site areas shall cease after a period of no more than 3 years.

D.        No soil shall be imported onto the site

Resolved:

That Tree Preservation Order No 153 (2014), land to the north of Hillport House, Porthill Bank, Newcastle, be confirmed as made and that the owners of the site be informed accordingly.