Agenda item

Report No: DEV/FH/16/010

Variation of Condition 3 to enable the occupation of Plot 151 before the completion of the Section 278 works, in association with planning application DC/14/1206/FUL: Proposed residential development of 166 no. market dwellings, including associated public open space, associated accesses, landscaping and ancillary works, including the part retrospective development of 24 residential units (as amended by drawings received 09 July 2015 which proposes 49 affordable housing units.

Variation of Condition 3 to enable the occupation of Plot 151 before the completion of the Section 278 works, in association with planning application DC/14/1206/FUL: Proposed residential development of 166 no. market dwellings, including associated public open space, associated accesses, landscaping and ancillary works, including the part retrospective development of 24 residential units (as amended by drawings received 9 July 2015 which proposes 49 affordable housing units.

This variation application was referred to the Development Control Committee as it related to a major application which was approved by the Committee at their meeting on 7 October 2015.  A Member site visit had been held prior to the meeting in October.

Members had raised concerns at the October meeting at the proximity of the private accesses serving Units 151 and 152 with the Holmsey Green/A1101 The Street junction.  Hence, they resolved as part of the application’s approval to include an additional condition to restrict occupancy of these units until the relevant highways works were carried out.

The application before the Committee for determination was submitted following a breach of condition notice having been served by the Council as Unit 151 was now privately owned and occupied and the highways works were yet to have been fully completed.

The Principal Planning Officer – Major Projects explained that as a short-term solution the applicant had allocated the occupants of Unit 151 with temporary car parking adjacent to (vacant) Unit 149 and a raised kerb had been installed at Unit 151 to prevent off road parking.  The applicant had assured the Planning Officer that Unit 149 would not be occupied until the highways works were completed in their entirety.

The Officer advised Members that they were not to re-open the debate on the determination of the application which was approved in October; they were purely to consider the variation application before them.

The Committee was also informed by the Officer that most of the highways works had been completed and that the Highways Engineer consulted with the variation application was in support of the temporary parking arrangement.  Accordingly, Officers were recommending that the application be approved as set out in Paragraph 52 of Report No DEV/FH/16/010.

Councillor Ruth Bowman spoke against the application and voiced her displeasure that the applicant had breached their original condition not to occupy Unit 151.  She moved that the Committee be minded to refuse the application, contrary to the Officer recommendation, due to the impact on highway safety if the condition was varied.  This was duly seconded by Councillor David Bowman.

The Service Manager (Planning - Development) explained that in order to refuse the application the Council would have to demonstrate that the impact on highway safety was severe; and there was no evidence to suggest that.  Accordingly, if Members were minded to refuse the application a risk assessment would have to be carried out for consideration at the next meeting of the Committee on 6 July 2016.  The Officer added that an update on the timescale and details of the outstanding highways works could also be provided at the July meeting.

With 11 voting for the motion and with 1 abstention, it was resolved that

Members were MINDED TO REFUSE THE APPLICATION CONTRARY TO THE OFFICER RECOMMENDATION OF APPROVAL due to the impact on highway safety if the condition was varied.