Minutes:
Matthew Leigh, Head of Planning, explained that F/YR21/1497/O came before the committee at a recent meeting, which was an outline application for up 120 dwellings with associated development and during the debate members raised some significant concerns in relation to highways safety particularly during the construction period and requested that Condition 45 be amended. He stated that after the meeting the applicant advised that if the decision notice included that amended condition then they would consider appealing the decision and look for an award of costs. Matthew Leigh explained that is now a material consideration for members and officers are recommending that the application is determined in accordance with Section 12 of the original officer’s report in relation to delegating the final conditions to the Head of Planning alongside the completion of a Section 106 as shown in Appendix 1.
Members asked questions, made comments and received responses as follows:
· Councillor Mrs French stated that this is something that was wished for and was not something that the committee knew could be insisted on. She added that another application in 2003 had a recommendation of the introduction of a roundabout, however, that never came to fruition and twenty years later there are now traffic lights. Councillor Mrs French made the point that she hopes that the same situation does not arise, and a roundabout actually becomes a reality.
· Councillor Benney expressed the view that the committee find themselves in a position again where bad decisions cost money and if members do not agree with the officer’s recommendation then the application will go to appeal, and the Council will lose. He stated that the committee has done the best that they can for the residents of March and if the application goes to appeal then members will end up with what it did not want, and it will end up costing the Council a lot of money. Councillor Benney expressed the view that committee cannot make bad decisions that cost money and members should agree with the officer’s recommendation.
· Councillor Marks stated that he agrees with the points made by Councillor Mrs French and Benney and added that that he hopes that the developers are receptive of the points being made by the committee today and they will show an element of goodwill going forward during the development.
· Councillor Connor stated that the Legal Officer has advised that costs are not a material consideration and the committee’s decision should not be based solely on the risk of incurring costs.
· Councillor Marks added that safety and disruption to others is not a planning issue, however, he would like to think that the developers will take that into consideration.
Proposed by Councillor Mrs French, seconded by Councillor Imafidon and AGREED that condition 45 relating to the roundabout is withdrawn and that the Planning Committee delegates authority to the Head of Planning in relation to the Section 106 and then subsequently the conditions as in the original recommendation.
(Members considered this report as an urgent item)
(This item, whilst considered in public, contained exempt information which is not for publication in accordance with Paragraph 5 of Schedule 12A of the Local Government Act 1972 in respect of which a claim to legal professional privilege could be maintained in legal proceedings)