Agenda item

Outline planning permission for the erection of 24 no. dwellings with detailed approval sought for means of access only.

The Committee considered a report of the Principal Planning Officer regarding an outline application for the erection of 24 no. dwellings with detailed approval sought for means of access only (for copy see file of Minutes).

The Principal Planning Officer gave a detailed presentation on the main issues outlined in the report which included photographs of the site. Members had visited the site the previous day and were familiar with the location and setting.

The Officer advised that since the report had been circulated 3 further representations had been received requesting confirmation that Highways had no objections to the retention of the hedge to the front of 1 -22 Belgrave Court (not 15-22 as stated in the report), and also that this hedge retention would occur if the development came to fruition. Further objections related to the lack of primary school places available in Coxhoe.

Members were advised that Coxhoe primary school was full at present but that School Admissions had confirmed that there were places available at Bowburn and Kelloe schools. The availability of school places changed on a yearly basis and the size of the development was such that it was unlikely that there would be a significant rise in population in any one year.

The Officer also pointed out that the report should refer to the Conservation (Natural Habitats etc) Regulations 2010 and not 1994 as stated.

Councillor M Plews, local Member spoke on behalf of local residents stating that their objections related to highway issues. She asked that a condition be attached to the planning permission that would ensure that the access lane was made up to an adoptable standard.  

Councillor D Smith, Parish Councillor for Coxhoe addressed the Committee. He stated that the location of the bus stop would cause visibility problems for vehicles exiting the access road onto Front Street and there was likely to be a build up of traffic as vehicles turned right into the development. The Parish Council also asked that the access lane be made up to an adoptable standard along the whole length for the benefit of existing properties.

Mr Atkinson, local resident reiterated the concerns of the Parish Council in relation to the bus stop. He lived next to the access road and if the application was approved asked that it be improved before construction commenced. However as far as he was aware the access lane was in unknown ownership and therefore queried how it could be developed. He was also concerned for the safety of his family’s children who played in the location.

Officers responded to the comments made and the Committee was reminded that this was an outline application for access only. Given the number of units proposed the road would be adopted by way of a Section 38 Agreement which would be dealt with at the reserved matters stage, however this would not require the developers to improve the whole length. It was envisaged that the developers would make the access lane durable for the construction traffic before bringing it up to an adoptable standard on completion of the development.

In response to the highway safety issues raised the Highways Officer stated that the proposals were deemed to be acceptable. The increase in vehicle movement as a result of the development would be modest and any build up of traffic on the Front Street would be minimal. With regard to the location of the bus stop there would be occasions when visibility was reduced but this was not uncommon and was replicated in many other locations. It would be difficult to justify the relocation of the bus stop.

In discussing the application Members were advised that ownership of the access lane was unknown but that this was a separate legal matter beyond the remit of the Local Planning Authority. The developers had undertaken the correct certification processes with regard to land in unknown ownership.

The Principal Planning Officer confirmed that a condition could be included to restrict demolition/construction hours, and with regard to the concerns expressed by the Landscape Section he advised that much of the hedgerow was to be retained with only a relatively small section removed to open up the access. The Highways Section did not consider that this would cause any demonstrable harm to safety.

Reference was made to the Section 106 contribution for recreational and play space, and the comments of the Parish Council as detailed in the report. The Principal Planning Officer explained that the detail of the S106 Agreement had not yet been agreed, however the views of the Parish Council would be taken on board.  

A Member suggested that the application be deferred to look at the possibility of re-locating the bus stop in view of concerns expressed. The views of the local Member were sought who advised that the issues raised about the bus stop existed at other locations in the village and elsewhere, and therefore she did not feel that this would be a valid reason to justify refusal of the application.

Resolved:

That the application be approved subject to:-

(i)         the conditions outlined in the report and to the following additional condition:-

‘No demolition or construction works shall be undertaken outside the hours of 8am and 7pm Monday to Friday and 8.30am to 2pm on a Saturday with no demolition/construction works to take place on a Sunday or Bank Holiday.

Reason: In the interests of residential amenity having regard to Policies H13 and Q8 of the City of Durham Local Plan 2004.’

(ii)        the entering into of a Section 106 Agreement to secure:

(a)               the provision of 20% affordable housing

(b)               a contribution of £24,000 for recreational and play space

(c)               a contribution of £12,913 for public art.