Issue - meetings
Appeal against the Council's refusal to permit an application to remove condition 15 imposed on reserved matters approval no. 046595 relating to a development at Croes Atti, Chester Road, Oakenholt - Counsel's Advice
Meeting: 12/12/2012 - Planning & Development Control Committee (Item 126)
126 Appeal against the Council's refusal to permit an application to remove condition 15 imposed on reserved matters approval no. 046595 relating to a development at Croes Atti, Chester Road, Oakenholt - Counsel's Advice
Report of the Head of Legal and Democratic Services.
Decision:
That the Planning Inspectorate be advised that the County Council did not intend to defend the imposition of condition 15 upon reserved matters approval no. 046595 at the forthcoming appeal.
Minutes:
The Committee considered the report of the Head of Planning in respect of this application.
The Principal Solicitor detailed the background to the report and explained the advice which had been received from Counsel.
Councillor R.C. Bithell proposed the recommendation that the Planning Inspectorate be advised that the County Council did not intend to defend the imposition of condition 15 upon reserved matters approval no. 046595 which was duly seconded. He welcomed the report stating that if we continued with the appeal we would not have a leg to stand on. Councillor Bithell also referred to the adverse impact which would result on the residents of Coed Onn Road and Chester Road if the barrier was put across the access and egress from Prince of Wales Avenue. In seconding, Cllr G. Roberts stated that we would be subject to significant costs.
The local Member, Councillor R. Johnson, spoke against the recommendation referring to the fact that the advice obtained used the word ’almost’ rather than ‘sure’ and that there would therefore be a case to be made at the appeal. She had not been told that she could have requested that consideration of this report could be deferred and said that the barriers would not prevent development and that the new residents would not want a ‘rat-run’.
Councillor P.G. Heesom also spoke against the advice given and said that the issue of condition 15 was not what was being argued, it was the impact of the increased traffic on the residents on Prince of Wales Avenue. He spoke of the Inquiry scheduled for 30th January 2013 and said that in his opinion, the appeal could be defended.
The Principal Solicitor responded to the issues raised by Councillors Johnson and Heesom. The Head of Planning spoke of the two stages of the public inquiry.
In summing up, Councillor Bithell reiterated his view that the advice given by Planning Officers, legal officers and Counsel should be taken.
RESOLVED:
That the Planning Inspectorate be advised that the County Council did not intend to defend the imposition of condition 15 upon reserved matters approval no. 046595 at the forthcoming appeal.