Agenda and minutes

Apologies were received from Councillors Pickup, Simpson, Snell and Turner.

Councillor Sandra Hambleton declared an interest on applications 16/00874/FUL and 12/00127/OUT as a Board Member to Aspire Housing.  Councillor Hambleton vacated the room during consideration of both items.

The Council’s legal representative, Mr Trevor Vernon declared an interest on application16/00958/FUL and vacated the room during its consideration.

To consider the minutes of the previous meeting(s).

Resolved:                 That the minutes of the meeting held on 6 December, 2016 be agreed as a correct record.

Proposed by Councillor Holland and seconded by Councillor Northcott.

Resolved:     That the application be deferred to allow additional time to address the reasons for refusal as recommended in the agenda report.

Councillor Mike Stubbs spoke on this application

Resolved:  (a)                That, subject to the applicant first entering into a Section 106 agreement by 3^rd February 2017 (requiring that they first agree in writing to extend the statutory determination period to the 8^th February 2017) to secure a financial contribution of £24,352.80 for the enhancement and maintenance of the open space at Coalpit Hill,

the application be permitted, subject to the undermentioned conditions:

(i)           Standard Time limit for commencement of development

(ii)          Approved plans

(iii)         Development to be occupied by those aged 55 and over

(iv)         Materials

(v)          Finished ground and floor levels and retaining wall design details

(vi)         Boundary treatments

(vii)       Tree protection

(viii)      Landscaping of the site and the surrounding open space

(ix)         Contaminated land conditions

(x)          Construction Method Statement (Highways and Environmental matters)

(xi)         Internal noise levels

(xii)       Construction hours

(xiii)      Approval of recyclable materials and refuse storage

(xiv)      Provision of access, parking, servicing and turning areas prior to occupation.

(xv)       Prior approval of surfacing materials and surface water drainage for the access road and parking areas, and the delineation of visitor parking bays; and implementation of approved details

(xvi)      Off-site highway works including the provision of a 2m wide footway linking the site with Lynn Avenue and provision and delineation of 5 parking spaces at the rear of 1 to 9 Barrie Gardens.

(xvii)     Proposed coal mining precautionary measures

(xviii)   Intrusive site investigations and remedial works implementation

(xix)      Prior approval of details for storage and collection arrangements for recycling and refuse and implementation of approved details

(xx)       Detailed drainage information for approval.

(b)                   Should the matters referred to in (A) above not be secured within the above period, that the Head of Planning be given delegated authority to refuse the application on the grounds that without such matters being secured the development fails to secure the provision/maintenance of off-site public open space or, if he considers it appropriate, to extend the period of time within which the obligation can be secured.  

Resolved:     That, subject to the applicant entering into planning obligations by no later than 12^th February 2017, that preserve the Newcastle Borough and Stoke City Councils’ position in respect of obligations secured prior to the grant of  permission 11/00611/FUL, the variation of condition 3 of 11/00611/FUL be permitted  so that it reads as follows:

The permission hereby granted relates to a single storey retail unit of 13,010 m² gross internal floorspace with a sales area floorspace of no more than 8,962 m², of which no more than 7,973 m² shall be for the display of comparison goods and no more than 1,496 m² shall be for the display and sale of convenience goods only.

and subject to the imposition of all other conditions attached to planning permission 11/00611/FUL that remain relevant at this time. 

Resolved:     (i)         That the decision of the Chairman to agree to the

variation of the existing Section 106 agreement to extend the period within which the Public Rights of Way Contribution can be spent be noted.

(ii)        That the Head of Planning be given delegated authority to    give appropriate instructions to the Council’s

solicitor so that the spirit of the Affordable Housing Supplementary Planning Document is maintained in ant revision to the Agreement.

Proposed by Councillor Holland and seconded by Councillor Fear

Resolved:     That a site visit take place on the Saturday before the Planning Committee meeting to which the applications will be reported.

Resolved:                 That the application be refused for the following reason:-

The proposed variation of condition 1 of planning permission reference N21428 would result in a dwelling on this site, which would constitute inappropriate development within the Green Belt.  The arguments advanced for the retention of the mobile home without compliance with the current condition do not constitute the very special circumstances required to justify inappropriate development in the Green Belt.  The proposal is therefore contrary to Policy S3 of the Newcastle-under-Lyme Local Plan 2011 and the National Planning Policy Framework.

Resolved:      That the decision be noted.

Resolved:                (i)         That the report be noted

(ii)        Agreed that the Head of Planning continue to report, on a quarterly basis, on the exercise of his authority to extend the period of time for an applicant to enter into Section 106 obligations.

There was no Urgent Business.