Agenda item

This was a reserved matters application for the erection of 21 no. houses and garages including appearance, landscaping, layout and scale and had previously been deferred by Planning Committee on 31 July 2019 with regard to contaminated land and the pedestrian refuge.  

Councillor J Berry spoke against the application on behalf of Tibberton & Cherrington Parish Council who raised concerns regarding land ownership with regard to the pedestrian refuge and contamination of the land.

Councillor S Burrell, Ward Councillor, spoke against the application regarding the footpath, access, land ownership, highway safety and large agricultural vehicles travelling along the lane.

Mr Wright, a member of the public, spoke against the application and raised concerns regarding land contamination, pedestrian safety with regard to the refuge and land ownership.

Mr Beeston, Applicant, spoke in favour of the application and informed Members that the access and refuge had previously been approved, that space standards had now been met and that the Environment Agency felt the application was acceptable.

The Planning Officer confirmed that Highways Officers had no technical objections regarding highway safety or the pedestrian safety scheme and that Members were asked to consider appearance, landscaping, layout and scale of the development.

The Legal Advisor confirmed to Members that in their determination of this reserved matters application that they were only required to consider appearance, landscaping, scale and layout and that the discussions around highways and contamination had been dealt with previously by the Planning Inspector on appeal. The Inspector’s decision letter referred to these issues and addressed them in the conditions within the outline consent. The Legal Advisor expressed the view that the conditions imposed by the Inspector should give Members the reassurance they were seeking in respect of their highways and contamination concerns. In addition, the Legal Advisor explained that highway works could be undertaken within the boundaries of the highway regardless of who owns the subsoil.

Upon being put to the vote it was, by a majority:-

RESOLVED – that delegated authority be granted to the Development Management Service Delivery Manager to grant reserve matters approval subject to the conditions set out in the report (with authority to finalise conditions to be delegated to the Development Management Service Delivery Manager).