Agenda and minutes

There were no apologies.

Trevor Vernon stated that he was an employee of Stoke on Trent City Council but was representing Newcastle Borough Council at this meeting.  Mr Vernon was not aware of application 17/00834/FUL and had not advised Stoke on Trent City Council on any matters in relation to this and therefore felt able to advise the Planning Committee.

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

Resolved:                 That the minutes of the meeting held on 16 July, 2019 be agreed as a correct record.

The Chair advised Members that this was to have been Guy Benson’s final Planning Committee prior to retirement.  Mr Benson had unfortunately been taken ill and was not present. Therefore, the Chair felt it inappropriate to speak about Guy in his absence  and would comment at a later date.

The Chair and Members of the Planning Committee wished him well for a speedy recovery.  

Resolved:     (1)       That your Officer be given delegated authority, subject to

(a)          him determining upon the receipt from the

applicant of amended plans and/or additional information whether for the avoidance of material prejudice to third parties, publicity should be given to such application material and an opportunity provided to those parties to submit comments to the Local Planning Authority, and

(b)         the Highway Authority in response to such amended plans/additional information maintaining their current position – that planning permission can be granted subject to conditions, and

(c)          Highways England, in response to such amended plans/additional information, then recommending that conditions should be attached to any permission that may be granted (and such conditions being considered by your Officer as appropriate)

the application be permitted subject to the undermentioned conditions (and any additional conditions falling within category (c) above):

    (i)        Time limit conditions

  (ii)        Approved plans

 (iii)        Prior approval of details of a surface water drainage system for the A500 trunk road.

 (iv)        Prior to commencement submission and approval of a detailed programme of phasing.

  (v)        Prior approval of earthworks and ground alteration works required due to the realignment of the southbound A500 off slip road

 (vi)        A Construction Environmental Management Plan to include a range of best practice construction phase dust mitigation measures and to take account of any cumulative impact of this development taking place at the same time as the Highways England A500 improvements

(vii)        Landscaping scheme which identifies the trees that are to be removed, those that are to be retained and replacement tree planting is secured

(viii)        Tree protection measures for the retained trees

 (ix)        Prior approval of the details of the maintenance access to the  former coal yard site

  (x)        Prior to first use of the Etruria Valley Link Road (EVLR) the proposed junction improvement at the junction of A527 Grange Lane and the A500 shall be completed in accordance with the approved plans including any amendments required by the Road Safety Stage 2 and 3 Audits.

 (xi)        Prior to first use of the EVLR the proposed junction improvement at the junction of A527 Grange Lane and Church Lane shall be completed in accordance with the approved plans including any amendments required by the Road Safety Stage 2 and 3 Audits.

(xii)        Prior to the commencement of the development details of the proposed viaduct carrying the EVLR over the railway shall be submitted and approved by the LPA and shall thereafter be provided in accordance with the approved details.

(xiii)        Notwithstanding the details shown on the approved plans, prior to the commencement of the development full details of the pedestrian/cycle crossing facilities to the cycle route provided through the junction between Grange Lane and the EVLR shall be submitted to and approved by the LPA.  The facilities shall thereafter be provided and retained in accordance with the approved details prior to first use of the EVLR.

(xiv)        Prior to first use of the proposed development, details shall be submitted and approved in writing indicating an  ...  view the full minutes text for item 5.

This item would be discussed under closed session at the end of the meeting.

Resolved:     That, subject to the consideration of any representations

received by 15^th August and such representations not raising planning issues that have not been addressed within this report and which can’t be addressed through the imposition of appropriate conditions , the Head of Planning be given the delegated authority to:

permit the application, subject to the undermentioned conditions:

(i)            Time Limit

(ii)          Approved Plans

(iii)         Any additional conditions considered appropriate including and appropriately worded tree protection condition if required.

Resolved:     That the application be permitted subject to the undermentioned

conditions:

(i)            Standard time limit for commencement of development.

(ii)          Approved plans.      

Resolved:     (i)         That the report be noted.

                        (ii)        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.

Resolved:     That the appeal decision be noted.

Resolved:     That the appeal and cost decisions be noted.

Resolved:     That the non-immediate Article 4 Direction for Maer

Conservation Area be confirmed as coming into force on 17 August 2019 as set out in the Direction.

Members were frustrated with recent activity on the site  and were disappointed with the Planning Inspectorate in respect of resolving the issues.  Members agreed unanimously to send a letter to the Inspectorate expressing their disappointment.

Resolved:     (i)         That the information be received.

                        (ii)        That a further update be provided to Planning Committee

in two months.

(iii)       The site to be visited before the next meeting at

which the matter is rep

(iv)       That a letter be sent to the Planning Inspectorate on

behalf of the Planning Committee expressing concerns about the delay and asking that the matter be expedited.

Resolved:     (i)         That the information be received

(ii)        That a further update be brought back to the Planning Committee in 2 months time.

To resolve that the public be excluded from the meeting during consideration of the attached report, because it is likely that there will be disclosure of exempt information as defined in paragraphs contained within Part 1 of Schedule 12A (as amended) of the Local Government Act 1972.

Councillor Burgess stated that she was a member of Kidsgrove Town Council but was not a member of the Finance Committee.  Councillor Maxfield was also a Member of Kidsgrove Town Council and also on the Finance Committee.  Councillor Maxfield therefore took no part in this application.

Resolved:     That a grant of £1,090 be provided towards masonry repair and

vegetation removal at the tower, subject to the appropriate standard conditions.

Resolved:     That Tree Preservation Order No 202 (2019), Trees at and

aroundGrindlestone Edge House, Cobmoor Road, Kidsgrove be confirmed as made and that the owners of the site be informed accordingly.

Resolved:     That Tree Preservation Order No 204 (2019), The Old Vicarage,

1 Congleton Road, Mow Cop be confirmed as made and that the owners of the site be informed accordingly.

Tree Preservation Order – The Crescent, Pinewood Drive, Ashley Heath.  TPO203

The item was considered as urgent as the deadline for expiry of this Temporary Tree Preservation Order is 1 September, 2019 and the next meeting of Planning Committee is not until 10 September, 2019.

Resolved:     That Tree Preservation Order No 203(2019), Land at the

Crescent, Pinewood drive, loggerheads, be confirmed as modified and that the owners of the site be informed accordingly.

Resolved:-                That the public be excluded from the meeting during consideration if the following matter because it is likely that there will be disclosure of exempt information as defined in paragraphs 1,2, and 3 in Part 1 of Schedule 12A of the Local Government Act, 1972.

Members discussed this application which had been refused by the Planning Committee on 26 February, 2019.  The refusal was appealed against and the Planning Inspectorate allowed the appeal.

The application was discussed at length and legal advice was sought about the Council appealing against the Planning Inspectorate’s decision.  The advice given was that this not a viable option.

Resolved:     A.        That the decisions of your Officer taken on 5^th July under

the Matters of Urgency provisions, following consultation with the Chair, that:

(i)            the Council should agree to enter into a Section

106 agreement that secures 25% affordable housing on the appeal site, should the appeal be allowed;

(ii)           the Council enter into an agreement that secures,

in the alternative, one affordable dwelling on site and a payment of £12,000 (for offsite affordable housing provision), should the appeal be allowed, and that its position in such negotiations be that the agreement include a financial reappraisal mechanism in the event of the development not being ‘substantially commenced’ within 18 months of the grant of the outline planning permission;

(iii)          if the appellant refused to include such reappraisal

mechanism the Council still be prepared to enter into the agreement; and

(iv)         officers had authority in commenting upon any

agreements that may be submitted by the appellant to the Planning Inspectorate to put the case to the Inspector for the inclusion of a financial reappraisal mechanism;

be noted.

B.            That the appeal and costs decisions now received be

noted, and

C.           That your Officer’s comments above on the appeal

decision be noted

D.           That a review of the handling of appeals be undertaken, led

by the Portfolio Holder for Planning and Growth and the Chair of the Planning Committee and that it be reported back to a future meeting.