This application was for the erection of 2no. detached bungalows and the creation of a new access on the site of 60 Forton Road, Newport, Shropshire.
Councillor T Nelson had referred the application to the Planning Committee. Additional information was circulated to the Committee prior to the meeting taking place. The Planning Officer informed the Committee that they had been made aware of a land ownership dispute but that this was not a material consideration and was a separate issue outside of the planning process.
Councillor T Nelson, Ward Member, spoke against the application which he felt went against policy H2 of the Neighbourhood Plan with regard to design. He raised concerns regarding the protection of the hedgerows and the impact on the mature tree, scale and massing, boundaries and due to discrepancies on the plans asked that a site visit took place before the application was determined.
Mr J Stowger, Member of the public, spoke against the application and raised concerns regarding the established hedges and fences and their protection during construction, the protection of the gas pipe to the his property, layout and dimensions of the proposed bungalows and the impact on the neighbouring amenity. It was asked that a site visit take place.
During the debate some Members asked if a site visit could take place in order to better understand the development and it was felt that the land ownership needed to be settled prior to its determination. If the Committee approved the application that this may disadvantage parties if a legal challenge to ownership subsequently came forward. A further question came forward that if the ownership was not proven could the Committee approve the development. Concerns were also raised with regards to protecting the hedgerow and the mature tree which could impact the position of the parking space. Other Members felt that the land ownership was something that the Committee should not concern themselves with and if the application was deferred for this reason it could impact the Council further down the line and that as this was not a material planning consideration this could not be cited as a reason for refusal and that land ownership issues could take a long time to be resolved which attached an unpredictable timescale to planning applications.
The Legal Advisor reiterated that the land ownership was not a material planning consideration and that if land disputes were subsequently referred to the Land Registry, there would be record of the Planning Committee minutes confirming the Committee’s position for the Land Registry to consider should they so wish. Therefore, no party to a Land Registry dispute should be at a disadvantage by the Committee’s determination of this application.
The Planning Officer confirmed to Members that the correct requisite certification had been provided to the Council and that this was the information to be considered when determining the application.
The Development Management Service Delivery Manager explained that the Applicant had a right of appeal and the application could go to the Planning Inspectorate for non-determination.
Upon being put to the vote it was, by a majority:
RESOLVED - that in respect of planning application TWC/2019/0631 that delegated authority be granted to the Development Management Service Delivery Manager to grant full planning permission subject to the conditions contained in the report (with authority to finalise conditions and reasons for approval to be delegated to Development Management Service Delivery Manager).