Agenda item

Variation of Condition Nos 5 & 15 of Planning Permission Ref: 050300 to Allow the Construction of Plots 175 & 198 before Complying with Conditions 5 & 15 at Croes Atti, Chester Road, Oakenholt (053058)


            That planning permission be granted for plots 175 to 198 inclusive only to be constructed without complying with conditions 5 and 15 of planning permission reference 050300



The Committee considered the report of the Chief Officer (Planning and Environment) 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 referred Members to the late observations sheet where an amendment to the recommendation was suggested.  He explained that the area of land where the 27 dwellings were to be sited was in the southern part of the site.  This area of land was in phase 3 and even though the mineshaft was at the top of the site, the condition for the mine works investigation covered the whole of that phase.  In the current market, it was logical for this area of the site to be progressed and as no objections had been received from Highways on condition 5 or the Coal Authority on condition 15, the recommendation was for approval to vary these conditions.    


                        Mr. J. Yorke spoke against the proposal.  He said that the applicants should be required to comply with condition 5.  He commented on the small number of dwellings built on the site in the past three years and said that approval of this application would assist the applicant in meeting their delivery targets.  Mr. Yorke said that the developer had indicated that the work on this part of the site had commenced in November 2014 and queried why the application was not reported as retrospective.  He felt that there was no reason to grant approval to vary the conditions.      


            Councillor Alison Halford proposed refusal against officer recommendation which was duly seconded.  She referred to a recent appeal hearing by Anwyl Construction for a site in Hawarden where it had been indicated that the company did not want to build on Croes Atti, however they were now requesting that the condition be varied to allow them to continue developing the site. 


            The Local Member, Councillor Rita Johnson, said that condition 5 had been included for a good reason and should be retained.  She suggested that the spine road could be put in place now and raised concern that only 100 properties were in the process of being built on the site.  She felt that the condition should be imposed and queried what other variation of conditions would be sought if this application was approved. 


            Councillor Chris Bithell said that the conditions were not being discharged but postponed until relevant and approval would allow the applicant to develop this part of the site.  He felt that this application did not necessitate the inclusion of the spine road or an assessment of the mine workings. 


            In response to the comments made, the officer explained that the current road network could service the 27 properties and confirmed that the applicant had commenced work on this area in advance of the determination of this application. 


            The Planning Strategy Manager indicated that not agreeing to the proposal would hold up the development of the site and that it was counter intuitive to hold back this site based on the appeal decision at the site in Hawarden referred to earlier. 


            In summing up, Councillor Halford commented on the appeal decision for 41 homes in Ewloe on Green Barrier land by the applicant which had been agreed as the County did not have a 5 year land supply even though the number of dwellings that could have been built on the site at Croes Atti was 368.    


            On being put to the vote, the proposal to refuse the application, against officer recommendation, was LOST.          




            That planning permission be granted for plots 175 to 198 inclusive only to be constructed without complying with conditions 5 and 15 of planning permission reference 050300


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