Agenda item

That planning permission be deferred to clarify the ownership and rights over the access and any rights over the alternative access to the rear of the Spar store.

The Committee considered the report of the Chief Officer (Planning and Environment) in respect of this application which had been the subject of a site visit on 20 April 2015. 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. 

            Councillor Christine Jones spoke (as a resident) against the application expressing a number of concerns around access to the site and she referred to the existing problems of parked cars outside the local Spar convenience store which  combined a post office, delivery lorries, a busy intersection with pedestrian crossing and bus stop, and poor visibility. She raised further concerns that the road was not wide enough and would not be able to accommodate access by the emergency services.  Councillor Jones referred to issues concerning drainage and said there had been flooding in the area due to blocked sewers.  She summarised her reasons why she felt that the site was unsuitable for residential development.

Councillor Christine Jones having earlier declared an interest in the application, left the meeting prior to its discussion.

Mr. Barker, the agent for the applicant, spoke in support of the application.  He said access to the site was gained via a shared access between 31 Welsh Road, a residential property, and 35 Welsh Road which was a Spar convenience store.  He claimed that the design of the scheme took account of scale and form and a FCA had set the levels for the buildings. Landscaping would be of species of the same type and the development made best use of the land in policy terms. The site had formerly been used for garaging and was currently subjected to fly tipping and anti-social behaviour.   He said the proposed scheme would be an improvement on past use and that the land had deteriorated into wasteland.  In terms of the shared access and maintenance of such, Mr. Barker commented on discussions and an agreement that had been reached between the applicant and owners of the Spar convenience store.  He also referred to the conditions which were to be met by the applicant subject to the application being granted. 

Councillor Ian Dunbar moved refusal of the application, against officer recommendation, which was duly seconded.  He expressed concerns regarding inadequate access, increased traffic, poor access onto Welsh Road, restricted visibility, and the danger posed by heavy vehicles.  Councillor Dunbar also commented on the current pedestrian access through the site from Sealand Avenue which was used as a ‘short cut’ to the shops and bus stop on Welsh Road. 

Councillor Chris Bithell also spoke against the application and reiterated the concerns expressed by Councillor Dunbar.  He referred to the agreement that the agent had indicated had been reached between the applicant and owners of the Spar Convenience Store concerning access and maintenance and said that the details of this should be provided to the Committee.  He queried whether the agreement reached was in perpetuity or a temporary agreement.   

Referring to paragraph 7.24 of the report, Councillor Bithell raised a query around the floor levels of the dwellings and the need for internal steps to be provided.  He commented on current and future use of the living space and the need for the dwellings to be compliant with disability guidelines.   

Councillor Mike Peers queried the level of growth within the settlement in view of the proposed Northern Gateway development and he referred to paragraph 7.20 in the report and asked how the ‘right of access’ was to be maintained.  Councillor Peers also referred to an existing housing development  (at the back of the Spar Convenience Store) and asked how access was gained to those properties. 

Councillor Derek Butler asked whether this was backland development and commented on the poor and complicated access arrangement. He proposed deferral of the application which was duly seconded.  He explained that clarification around ownership and access was required. 

Councillor Richard Jones raised the issue of domestic waste collection and said that the matter of kerb recycling should also be taken into consideration.

The officer responded to the comments and queries raised, advising that the difference in levels would be addressed under the Building Regulations, pointing out that properties had been allowed with garaging on the ground floor.  In response to the growth of the settlement she advised that this was 9.4% as the Northern Gateway development was not included. She confirmed that the public right of way from the Sealand Avenue would be retained and that the other houses referred to accessed from the other side. The Planning Strategy Manager advised that the outline planning application was to determine whether Members agreed or not to the principle of development subject to the detail being provided at reserved matters stage. 

The Democracy and Governance Manager referred to the negotiations over ownership referred to in para. 7.17 of the report and advised that if Members needed further clarification over the possibility of a S.106 Agreement they should defer consideration of the application to obtain this. 

The Chair asked Members to vote on the proposal put forward by Councillor Derek Butler that the application be deferred.  On being put to the vote the proposal was CARRIED.

RESOLVED:

That planning permission be deferred to clarify the ownership and rights over the access and any rights over the alternative access to the rear of the Spar store.