Proposed Early Years learning shelter (Retrospective).

Application approved with a change to the conditions.

The Development Manager North Team provided a presentation on the application and the updates/representations received following the publication of the agenda.

In accordance with the criteria for public speaking, Mr Bowman, spoke on behalf of Eardisley Group Parish Council and Mrs Layton spoke in objection to the application.

In accordance with the council’s constitution, the local ward member spoke on the application. In summary, he explained that there was an objection to the development due to its location within the local conservation area and in close proximity to the grade 1 listed church and Victorian school. The location of the development had a significant and adverse impact on highways safety. The shelter was positioned next to a busy, complicated 4-way junction which was regularly used by pedestrians, particularly parents and children accessing the school. The position of the shelter limited the view of the roads and oncoming traffic of both motorists and pedestrians using the junction. The junction served a large industrial estate with a number of traffic movements including HGVs. The splays at the junction were inadequate and the limited views caused by the shelter raised the possibility of accidents caused by motorists making mistakes.

The committee debated the application and the following principal points were raised:

·         There was division in the committee regarding the acceptability of the application.

·         Some members of the committee recognised that existing highways concerns existed at the junction by the school and highway safety could be addressed with the introduction of lower speed limits and better signage. It was felt that the need for the shelter had been established in the application.

·         It was the contention of other members of the committee that the location of the shelter was problematic and posed an unacceptable impact upon highway safety. The shelter restricted the view of motorists and pedestrians which increased the risk to pedestrians and children which was unacceptable and contrary to the Eardisley Group Neighbourhood Development Policy (NDP) policies T1 and T2.

·         The impact of the shelter on existing heritage assets was acknowledged. Some members of the committee felt that its impact on the local environment was unacceptable and contrary to NDP policy E2. It was the contention of other members of the committee that in the event that permission was granted the shelter should be painted in a colour that was complementary to existing, proximate buildings.

The local ward member was given the opportunity to close the debate. In summary, he explained that there was sympathy for the school but the location of the shelter restricted views from the junction and had an unacceptable impact upon highways safety.

Councillor Roger Philips proposed and Councillor Peter Hamblin seconded the refusal of the application due to: an unacceptable impact on highways safety, contrary to Eardisley Group NDP polices T1 and T2; and an unacceptable impact on local heritage assets and the village character, contrary to NDP policy E2.

The motion was put to the vote and was lost by a simple majority.

Councillor Stef Simmons proposed and Councillor Bruce Baker seconded the approval of the application, subject to the inclusion of a condition to require the painting of the shelter to ensure it was complementary to the local heritage assets and village character.

The motion was put to the vote and was carried by a simple majority.

RESOLVED: That planning permission be granted subject to the following conditions, a condition to the require the painting of the shelter to a colour complementary to local heritage assets and village character and any other further conditions considered necessary by officers named in the scheme of delegation to officers:

INFORMATIVES: