Agenda item

We considered the report of the application and late correspondence, which was recommended for approval subject to the three conditions, as outlined in the report.

The Member for Dewstow Ward attended the meeting by invitation of the Chair and represented the local Member for the West End Ward.  In doing so, the following points were noted:

·         Over the previous three years, local Members and Caldicot Town Council had not supported the three house development, neither did they support the development when it had been reduced to a two house development. However, the development had been approved by Planning Committee.

·         Within the recommendations of that application the Member did not believe that the developer had followed the spirit of the recommendations properly.

·         The applicant has not sought access rights and had written to the residents stating that he would take legal action if access was not granted. The Member considered that this action was inappropriate.

·         With regard to the terms of access in respect of the road, it was noted that the road was still unadopted and had been signed over by Mr. David Larner in 1986.  The developer has not followed the spirit of the planning approval.

·         The applicant’s solicitor considers that the applicant has a right of access.  However, there is evidence stating that the right of access is not for Ferneycross but for land to the south of Ferneycross which has been extinguished by a further removal of that access. 

·         The applicant has not approached David Larner with regard to access to cross the road.  The Member considers that development of this site should stop until the residents, the applicant and Mr. Larner are satisfied with the outcome of the right of access across the road.

Mr. Cochrane, representing objectors to the application, attended the meeting by invitation of the Chair and outlined the following points:

·         The Planning Committee had visited the site at a quiet part of the day and had not witnessed the traffic issues that occur at this location.

·         The garages in Ferneycross and Kipling Close are used for storage due to limited space in the rear gardens.  This reduces street parking provision and increases on street parking and congestion.

·         The proposed garages will likely be used for storage adding to the parking congestion.

·         With regard to the access issue, residents would have had no objection if the land had been built on with access through Newport Road. 

·         The applicant does not have a right of access across the private road.

·         Ferneycross is a private road.

The Head of Legal Services informed the Committee that if the residents of Ferneycross believe that the applicant does not have a right of access across the road, then it is in the gift of the residents to try to prevent access.  However, this is a private matter between the developer and the residents at the site of development.  It is not a consideration that the Planning Committee can take into account.  It is a matter for the developer to ensure that they have access in order for the developer to build out this development.  If there is a dispute then the residents would need to obtain their own legal advice with regard to how they should take action.

The applicant’s agent, Mr. David Young, attended the meeting by invitation of the Chair and outlined the following points:

·         The Developer has sympathy with the residents and has tried to work with them regarding their concerns

·         This application was originally approved to develop two houses which was approved with parking provision.

·         This application is to provide a garage for each property which will accommodate the parking spaces that have already been allocated.

·         There is no gain or reduction in the parking provision for each property under the parking guidelines.

·         There are also some minor alterations proposed to the buildings due to construction which is nearing completion.

·         The main issue is the addition of the two garages which is added sympathetically to the existing houses in materials, shape and size.

·         The agent asks that the Planning Committee considers the application in line with the recommendation, as outlined in the report.

The Head of Planning, Housing and Place-Shaping informed the Committee that the garages are parking spaces as per the Supplementary Planning Guidance (SPG) and as per the Authority’s standards.  They also comply with National Planning Policy. There is sufficient off street parking provision.

In noting the detail of the application and the views expressed, Members were sympathetic towards the residents’ views.  However, in planning terms, there were no reasons to refuse the application.

The Chair allowed the Member for Dewstow to sum up. In doing so, Members were asked to defer consideration of the application until the matter relating to the access to the development had been resolved.

It was therefore proposed by County Councillor P. Murphy and seconded by County Councillor M. Powell that application DC/2016/01487 be approved subject to the three conditions, as outlined in the report.

Upon being put to the vote, the following votes were recorded:

For approval              -           11

Against approval      -           0

Abstentions               -           1

The proposition was carried.

We resolved that application DC/2016/01487 be approved subject to the three conditions, as outlined in the report.