Agenda and minutes

An apology for absence was received from Councillor Howells.

To receive Declarations of Interest from Members on items included on the agenda.

Councillors Cairns, Mrs Hambleton and J Williams declared an interest in  planning application 12/00637/FUL (Members of the Aspire Board)

To receive the minutes of the previous meetings held on 13 November and 4 December 2012.

Resolved:  That the minutes of the meetings of this committee held on 13 November and 4 December 2012 be approved as correct records.

Resolved:  (a)  That subject to the applicant first entering into a Section 106 Obligation by 23 January 2013 to secure a contribution of £16,591 towards the Newcastle (urban) Transport and Development Strategy, the application be permitted in outline subject to the under-mentioned conditions:-

(i)                 Standard time limit condition.

(ii)               Approved plans/drawings and documents.

(iii)             Approval of all external facing and roofing materials.

(iv)              Landscape scheme to include replacement tree planting.

(v)                Protection of retained trees and replacement measures in accordance with BS5837:2012..

(vi)              Provision of oil and fuel interceptors to the surface water drainage system.

(vii)            Provision of bound surface to the parking, turning and servicing areas.

(viii)          Demarcation of the parking spaces.

(ix)              External lighting to be designed to prevent light spillage on the public highway.

(x)                Provision of internal directional signage.

(xi)              Provision of a cycle shelter.

(xii)            Mitigation measures for the noise generating plant.

(xiii)          Measures to prevent noise emitted from the building.

(xiv)          Installation of the external lighting.

(xv)            Details of boundary treatments.

(xvi)          Development to be carried out in accordance with the submitted waste material storage and collection arrangements.

(xvii)        Contaminated land conditions.

(xviii)      Prior submission and approval of HGV Movement Management Plan.

(xix)          External noise mitigation measures to the office and training facilities.

(b)  That should the matters referred to in (a) above not be secured by 23 January 2013, the Head of Planning and Development be given delegated authority to refuse the application on the grounds that without such matters being secured the development would fail to secure measures to ensure that the development achieved sustainable development outcomes or, if he considers it appropriate, to extend the periodof time within which the obligation can be secured.

Resolved:  That the application be refused on the grounds that with the developer being unwilling to make a financial contribution towards off-site public open space provision, the development would not be acceptable in planning terms and would not be a sustainable form of development, as it would fail to meet the needs of the new residents and would not comply with relevant policies within the development plan on this matter, and there are no material considerations which outweigh this conflict.

Resolved:  That permission be granted subject to the under-mentioned conditions:-

(i)                 Standard time limit condition.

(ii)               Approved plans.

(iii)             Development not to be brought into use until the parking area is provided in accordance with the approved plans.

(iv)              Prior approval of surfacing materials-grasscrete.

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

(i)                 The proposal is sited in an unsustainable location away from higher level services, employment and public transport links.

(ii)               The proposal would result in development that would permanently harm the open countryside character of the area by the introduction of incongruous features.

Resolved:-  That permission be granted subject to the under-mentioned conditions:-

(i)                 Standard time limit condition.

(ii)               Approved plans.

(iii)             Removal of permitted development rights relating to extensions and alterations to the dwelling.

(iv)              Prior approval of materials.

(v)                Prior approval of existing and proposed floor levels.

(vi)              Prior approval of materials for the front boundary wall.

(vii)            Prior approval of landscaping plan.

(viii)          No top soil to be imported until it has been tested for contamination.

(ix)              Reporting of any unexpected contamination if any is found.

(x)                Completion of access prior to use of the development.

(xi)              Closure of the redundant access prior to the use of the development.

(xii)            Surfacing of the driveway in a bound and porous material for a minimum distance of 6 metres back from the site boundary, prior to the development being brought into use.

Resolved:  (a) That permission be granted subject to the under-mentioned conditions:-

(i)                 Standard time limit condition.

(ii)               Approved plans/drawings and documents.

(iii)             Approval of all external facing to the proposed retaining walls and surfacing materials.

(iv)              The proposed car parking area to be fully implemented and available for use prior to the development being brought into use.

(v)                Approval of drainage/surfacing materials/delineation of parking spaces.

(vi)              Approval of details of one-way system and its implementation.

(vii)            Accesses to remain ungated.

(viii)          The existing Kings Avenue to remain available until the revised parking arrangements are made available.

(ix)              Approval of construction method statement.

(b)  That the applicant be advised that the local planning authority is willing to discharge the Section 52 Agreement subject to the implementation and the making available of the revised parking arrangements at Allendale House as referred to in condition (iv) above.

Consideration was given to a report inviting the committee to comment on a consultation being undertaken by the Government on Planning Performance and the Planning Guarantee.

Resolved:  That the Head of Planning and Development, in consultation with the Chair and Vice-Chair, prepare and submit formal responses to the questions posed by the Government in its consultation document on the basis of the views outlined in the officer’s report to committee.

Consideration was given to a report advising of a new requirement under the Town and Country Planning (Development Management Procedure) (England) (Amendment No 2) Order 2012 for decision notices for approval or refusal of planning permission to include a statement explaining how, in dealing with the application, the local planning authority have worked with the applicant in a positive and proactive manner based on seeking solutions to problems arising in relation to dealing with a planning application.

Resolved:  (a) That in making a decision which is broadly in line with the officer’s recommendation Members agree the contents of the statement.

                     (b) That Members draw to the Case Officers attention any concerns that they have with an application coming to the Committee for determination as early as possible having received notice of the application in the weekly list so that potential solutions to the concerns are sought with the applicant in line with the requirements of the National Planning Policy Framework (NPPF).

                     (c) That full advantage be taken of the use of conditions in planning permissions to make developments acceptable.

                     (d) That when a proposal to refuse to grant planning permission is made at the Committee contrary to the officer’s recommendation advice be sought as to the most appropriate way to meet the requirement that decision taking is done in a positive and proactive way.

                     (e) That the Head of Planning and Development in consultation with the Chair and Vice-Chair keeps under review how existing Committee procedures, including the guillotine on late representations, submissions and public speaking are affecting the Council’s ability to work in a positive and proactive manner to achieve sustainable development and, if he considers it necessary, to submit a further report to Committee for consideration.

It was reported that an appeal against the Council’s decision to refuse planning permission for the above development had been dismissed by the Planning Inspectorate.

Resolved:  That the decision be noted.

It was reported that an appeal against the Council’s decision to refuse to grant planning permission for the variation of a condition attached to planning permission 09/00455/FUL as indicated above had been allowed by the Planning Inspectorate.

Resolved:  That the decision be noted.

It was reported that an appeal against the Council’s decision to refuse to grant planning permission for the above development had been allowed by the Planning Inspectorate,

Resolved:  That the decision and the officers comments on it be noted.