Retrospective application for the siting of temporary sales centre for use in connection with Jennings Homes Ltd.

Retrospective application for the siting of temporary sales centre for use in connection with Jennings Homes Ltd.

The Planning Officer suggested amendments to the recommendation to require the removal of the development within one month of the occupation or sale of the last dwelling, whichever was the sooner, and to require a scheme of work for the restoration of the site to be submitted within three months.  She also advised that the drawing number of the submitted plans was 131.

Councillor R.M. Wilson, the Local Ward Member, advised the Sub-Committee that, contrary to rumour, he was not a member of Withington Parish Council and therefore did not need to declare an interest in this respect.  Councillor Wilson said that he would have preferred a more suitable external colour to have been used but felt that temporary permission was acceptable subject to conditions.

Some Members expressed strong views about the retrospective nature of this application, particularly given that the applicant was a major developer and would be well aware of planning law; there was a suggestion that the application should be refused as a matter of principle.  In response, the Principal Lawyer (Planning, Environment and Transport) clarified how retrospective applications had to be dealt with and outlined potential enforcement issues.  The Chief Development Control Officer added that it was possible that the sales centre would have fulfilled its function and be relocated by the applicant by the time that enforcement action could proceed.  The Sub-Committee was advised that a planning permission provided an opportunity to control the development.

A number of Members felt that the retrospective nature of the application to be regrettable but, given the current position in law, a refusal on this ground was unlikely to be sustained on appeal.  The Sub-Committee agreed that a strongly worded letter should be sent to the developer, copied to other major developers, to highlight the unacceptable number of developments being built in the County without prior planning consent and reminding them of the relevant procedures.

In response to a suggestion that the sales centre be painted a more subdued colour, the Planning Officer advised that the development was considered acceptable in this location having regard to the temporary nature of the application.

To ensure the removal of the development within a reasonable timescale, it was proposed that the sales centre be removed within eighteen months.

RESOLVED:

That planning permission be granted subject to the following conditions:

1       Within one month of the occupation or sale of the last dwelling on the associated site or within eighteen months of the date of this decision, whichever is the earliest, the use and temporary building hereby approved shall be removed and the land restored to its former condition in accordance with a scheme of work to be submitted to, within three months of the date of this decision, and approved in writing by the local planning authority.

Reason: The local planning authority is only prepared to allow the use and temporary building until sale of the dwellings is complete.

2   Notwithstanding the submitted plans on drawing number 131, the area of car parking shown, and marked with a 'X' shall be omitted from the scheme.

Reason: The local planning authority would not support the introduction of parking in this location having regard to the close proximity of the car parking available at the village hall.

Informative:

1       N15 - Reason(s) for the Grant of PP/LBC/CAC.