Issue - meetings
049154 - Appeal by Anwyl Homes Ltd Against the Non Determination of Planning Application Ref. 049154 to Allow Condition 3 (i) of the Outline Planning Permission to be Extended in Time at Croes Atti, Chester Road, Oakenholt - ALLOWED
Meeting: 07/11/2012 - Planning & Development Control Committee (Item 102)
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Decision:
That the decision of the Inspector to allow this appeal be noted.
Minutes:
The Head of Planning drew Members’ attention to the late observations where an amendment to paragraph 3.06 was reported.
In response to a query from Councillor R.C. Bithell, the Head of Planning said that the appeal against the Council’s decision to require the provision of barriers on Prince of Wales Avenue was still pending. The amount of the costs to be paid by the Council had not yet been determined.
Councillor P.G. Heesom said that the decision on costs was nothing to do with third parties but was due to the Council’s inability to make a decision within the timeframe. He said that the decision remained a concern and referred to Section 51 of the Planning and Compulsory Purchase Act 2004, which amended Section 73 of the Town and Country Planning Act 1990, and questioned why Welsh Government had not made it effective in Wales. The Principal Solicitor advised that the provision had been brought into force in England but not in Wales, and that was entirely a matter for Welsh Government. The amendment made to Section 73 of the 1990 Act did not therefore apply in Wales, so the Committee’s consideration of the application, albeit by the time it was the subject of a non-determination appeal, had been entirely in accordance with the law.
In response to a query from Councillor R.B. Jones, the Head of Planning drew Members’ attention to paragraphs 6.04 and 6.05.
RESOLVED:
That the decision of the Inspector to allow this appeal be noted.