Agenda item

            That reserved matters approval be granted subject to the conditions detailed in the report of the Head of Planning with additional conditions to constrain or restrict access/egress at Coed Onn Road.

The Committee considered the report of the Head of Planning in respect of this application.  The usual consultations had been undertaken and the responses received detailed in the report.  Additional comments received since the preparation of the report were circulated at the meeting. 

                        The officer detailed the background to the report and explained that the number of dwellings had reduced to 306 from 312 dwellings as a result of discussions with the applicant. 

                        Mr. J. Yorke spoke against the application which he felt failed on road safety grounds.  He said that children on the estate would need to cross five roads to get to school and that the proposal would create a rat run for traffic.  It was reported that the development was in line with the Design Brief but he said that its approval was not recorded anywhere.  He spoke of a traffic impact assessment which had been undertaken and that the figure of three to four vehicle movements on the site had been reported to Committee.  He said that the figure of 1400 extra vehicles would be in the area by 2020. 

                        Mr. T. Astle, agent for the applicant, spoke in support of the application.  He explained that outline permission had been granted in 2006 and that there was an extant permission in place.  He spoke of the consultation which had been undertaken and explained that the statutory consultees had not raised any objection to the application and that nine letters of objection had been received which showed that there was a large level of local support.  The intent was to create an exceptional development with much needed affordable housing and open space. 

            Councillor P.G. Heesom proposed the recommendation for approval with an additional condition which required that there be a constraint or restriction of access and egress to the site at Coed Onn Road which was duly seconded.  

                        The local Member, Councillor R. Johnson, said that the application was a bolt-on development conceived fifteen years ago and she raised concern that a rat run would be created through the site.  She considered that the outline permission had been obtained by incorrect traffic information, that proper consideration to this aspect had not been given by officers, and that her view as Local Member had not been given proper weight.  She reiterated the request by Councillor Heesom for the traffic to be restricted. 

                        Councillor Heesom said that an application had been made to the Welsh Government to call-in the application as he felt that it did not comply with national policy local policy and a decision was awaited.  He said that there were also heritage issues and that refusal of the application would be sought if the impacts on residents were not mitigated.  He considered that the length of time the development had taken had not helped matters and any application to be approved by the Council should be sustainable and conform with community interests.  He said that the traffic impact report was contrary to UDP policy GEN1 and that the development would create thousands of vehicular movements per day.  Whilst traffic through the site represented disamenity, the proposed three access points to the site were not at issue.  He also spoke on the issue of flooding in Croes Atti Lane and highlighted the comments raised by the Coal Authority on the application.  He considered those comments to be unsatisfactory. 

                        Councillor A.M. Halford commented on the impacts of the development on residents and said that officers did not appear to be listening to Councillor Heesom who had gone the extra mile to try and protect the residents.  She referred to the accusation by the applicant regarding the decision on the previous application being ‘ultra vires’.

                        The Principal Solicitor reminded Members of the advice given at the Committee meeting on 12 December 2012 on the previous application which had been the subject of an appeal that the condition to install barriers at Prince of Wales Avenue could not be sustained.  His advice to the Committee today was that if they imposed a condition to regulate the traffic on Coed Onn Road then this could also not be sustained at appeal. 

                        Councillor D. Cox commented upon the number of times this issue had been raised and replies given by officers.  He proposed that the Committee move to vote on the item.

                        In response to a question from the Head of Planning as to the type of constraint/restriction envisaged by Councillor Heesom, he replied that he was content for officers to identify an appropriate mechanism for its provision.

                        Councillor R.B. Jones asked for further information on condition 14 and felt that an additional condition requiring an assessment to be undertaken to assess the stability of the land should also be included.  In response, the officer said that condition 14 related to ecology issues and that the Coal Authority had now responded and were no longer objecting to the application.

                        In summing up, Councillor Heesom felt that the advice of the legal officer was open to challenge.  There was no dispute regarding the capacity of the proposed access.  His concern was the impact of a large number of vehicles through the communities adjoining the Croes Atti site which was why he had asked for the traffic to be regulated at Coed Onn Road.  He also reitered the additional condition proposed by Councillor Jones that the stability of the land be assessed.    

            RESOLVED:

            That reserved matters approval be granted subject to the conditions detailed in the report of the Head of Planning with additional conditions to constrain or restrict access/egress at Coed Onn Road.