Agenda item

The Development Control Team Leader, Kenny Green, outlined the report that recommended that the application be refused. The Senior Highways Engineer, Roger Witt, was invited to outline his views that had informed the recommendation.

In response to a question from Cllr MacDonald, officers confirmed that the paved hardstanding had a drain installed at the site frontage which was considered sufficient to trap surface water run-off from entering the public highway.

Heidi Hart, the applicant, spoke in support of the application.

Cllr Ernie Clark spoke as the local member.

Issues highlighted in the course of the presentation and discussion included: the retrospective nature of the application; the restricted visibility of the access especially with respect to oncoming traffic from a northern direction; and the potential highway and pedestrian conflicts; consideration as also given to the provision of parking within the vicinity; the location of the development in relation to the host dwelling and its immediate surroundings; due regard was also given to number of a number of referenced similar accesses with sub-standard visibility locally; consideration was also given to the impact of vehicles parked on the road; and the number of recorded accidents (with injuries recorded) in the area; due regard was also given to the recent opening up of the Hilperton Relief Road and consequential re-classification of Church Street.  Due consideration was also given to Church Street experiencing a reduced volume of traffic. Officers and Members also discussed the potential merits of having a mirror installed to aid visibility.  On this point, officers recommended that members did not seek to condition any approval requesting the installation of a mirror as it would be placed on third party lane; and therefore beyond the scope of a planning condition.

In response to a statement made by the senior highways officer, Members were keen to obtain some legal advice on whether the Council could be placed at risk of legal action should the application be approved and following an accident where the sub-standard access was found to be the cause.  The Committee was adjourned to seek advice from legal officers.

Following a short adjournment, the Senior Democratic Services Officer, Will Oulton, informed the Committee that Legal Services were unable to provide a definitive opinion, and that it would be for the Committee to decide if they felt they had sufficient information to reach a decision.

Cllr Jerry Wickham, subsequently seconded by Cllr Roy While, proposed that further consideration of the application be deferred to allow for definitive legal advice to be sought.

Having been put the vote, the motion was not carried.

Cllr Ernie Clark moved, subsequently seconded by Cllr Magnus MacDonald that the application be permitted subject to the following condition.

1.          The development hereby permitted shall be maintained in accordance with the following approved plans: location plan, site plan 1, site plan 2a and site plan 2b received 12 November 2015.

REASON: For the avoidance of doubt and in the interests of proper planning

Cllr Clark, in presenting his proposal, stated that whilst he appreciated the officer recommendation which was founded by the legislation and guidance, it was for the Committee to consider, on balance, how this should apply in local circumstances and taking into account local knowledge. Cllr Clark furthermore argued that the flow of traffic had significantly decreased since the opening up of the relief road, and that he was not aware of any serious accidents taking place in the area. Therefore, in his opinion, the risks as expressed by officers were not as high and that there was not sufficient justification to refuse the application.

It was also noted respecting the partial retrospective nature of the application, that an informative should be included to any grant of permission to inform the applicant of the need to apply for separate dropped curb consent from the local highway authority.

Cllr Whitehead highlighted that concerns about potential accidents was one of the main subjects of correspondence with the public and that he remained concerned over safety for pedestrians and other users of the pavement.

The Chair noted that most Councillors had taken up the opportunity to visit the site prior to the committee meeting

Having been put to the vote, the meeting;

Resolved

That the application be permitted subject to the following condition.

1.          The development hereby permitted shall be maintained in accordance with the following approved plans: location plan, site plan 1, site plan 2a and site plan 2b received 12 November 2015.

Planning Informative:

1.          The applicant is hereby advised of the need to apply separately for a drop kerb consent from the local highway authority.