Issue - meetings

Reserved matters application for construction of new access to serve housing development approved under 16/00219/OUT (amendment to application 17/00927/DETAIL).

It was reported that Planning Application 16/00219/OUT had sought consent for the erection of up to 32 dwellings, land for a community facility and associated parking and infrastructure. That application was granted at Appeal in April 2017, with all matters of detail reserved. Following approval, reserved matters application 17/00927/DETAIL for details of access was submitted. That application had been approved by the Planning Committee on 27 February 2018, subject to a condition requiring the footpath and highway works to be provided prior to development commencing.

The Committee was informed that the application now before it was a resubmission of Planning Application 17/00927/DETAIL which sought permission to amend the wording of Condition No. 2. The change proposed that the footpath and highway works would be provided prior to any dwelling being occupied rather than development commencing. All other aspects of the proposal had remained unchanged.

The Committee had before it the published Officer report containing the key planning issues, relevant planning policies, planning history, any response from consultees, written representations received and a recommendation of approval.

At the meeting, an oral presentation was made by the Council’s Team Leader (SC-E) in respect of the application.

Parish Councillor Mike Kirby, representing Elmstead Parish Council, spoke against the application.

Councillor Nicholls, a local Ward Member, spoke against the application.

Following discussion by the Committee, and detailed advice from Planning Officers and the Council’s Solicitor regarding material considerations and the planning balance and/or judgement being a matter for the Committee as decision makers, it was moved by Councillor Everett, seconded by Councillor Hones and RESOLVED that, contrary to the Officer’s recommendation of approval, the Head of Planning (or equivalent authorised officer) be authorised to refuse planning permission for the development due to the following reason:-

·        Highway danger to pedestrians using Tye Road caused by construction traffic to be generated by the development represents a health and safety concern that can only be overcome by the footpath works being completed prior to such construction traffic being present and therefore the timing of the condition must be prior to development.