Issue - meetings

Application for erection of three dwellings (Outline - access only).

‘Late items:’

Consultations:-

A further neighbourhood comment has been received and raises the following additional points:-

1)         A letter to residents which share Breach Lane has been received, which is factually incorrect

2)         The un-adopted lane has served the proposed development site for many decades, and the site contains established rights of way within its title deeds. However as of the 2 August 2013 there is no mention of this, however a note was added on the 7 April 2017.

3)         Title deeds do not contain any reference to the lane, nor do they contain a right to use it. This is not true. Three statutory declaration dated Nov 1994

LT331691 21 March 2001 - The previous land registry entry prior to building the five properties has a note that the, registered proprietor claims that the land has the benefit of a right of way with or without vehicle's over and along the land tinted brown

LT344499 21 Mach 2001 - There is also a note in the current land registry entry that states, the registered proprietor claims that the land has the benefit of a right of way with or without vehicle's over and along the land tinted brown

4)         The letter identifies that the lane has not enjoyed 20 years or more… however it is 24 years since the three statutory declarations were done in November 1994

5)         We all have a right to use the lane.

Conclusions:-

The additional comments received does not alter the assessment of the application or the recommendation to planning committee. The conclusions and recommendation for approval, subject to conditions, outlined in the planning committee report stand.

Application for erection of three dwellings (outline – access only).

Following the indication at a previous meeting that members were minded to refuse permission, consideration was given to this application. It was moved by Councillor Sutton, seconded by Councillor Surtees and

RESOLVED –

(i)            permission be granted subject to:

a)            The conditions contained in the officer’s report;

b)            The completion of a Unilateral Undertaking to secure play and open space contributions and any other Community Infrastructure Levy (CIL) compliant obligations if the gross floor space of the resulting dwellings exceed 1000m²;

(ii)           The Interim Head of Planning be granted delegated powers to determine the final detail of planning conditions.

Application for erection of three dwellings (outline – access only).

Application for erection of three dwellings (outline – access only).

It was moved by Councillor Sutton and seconded by Councillor Cook that permission be granted subject to the conditions outlined in the officer’s report. Upon being put to the vote, the motion was LOST.

Notwithstanding the officer’s recommendation that permission be granted, it was moved by Councillor Richards and seconded by Councillor Wright that the committee be minded to refuse permission due to the application site being outside of the settlement boundary. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED – the Planning Committee be minded to refuse permission and the application be brought back to a future meeting.