Agenda item

Report of Head of Planning

(copy herewith)

Ward: Talavera

Councillor Meredith moved to the public seating in accordance with his declaration of predetermination set out at minute 4 above.

The Head of Planning submitted a report in respect of application no. N/2012/1132 and elaborated thereon.

Councillor Meredith as Ward and County Council Division councillor commented that Billing Lane had been a problem since his first election six years ago; there had been a fatality and recently a wall had been knocked down. The lane was used as a rat run from the A45 to the A43 and speeding traffic was a problem; he had used some of his County Council empowerment funding to have a slow- down speed sign put in place. Residents had complained to him that they were unaware of the application and some had concerns because of the problems along Billing Lane. Councillor Meredith commented that he used the lane frequently and the site was on a dangerous bend and that it was often difficult to get into the site because of parked vehicles. He noted that although the existing hedge was to be moved and replaced queried whether it was in the gift of the applicant to do so; that the existing hedge was part of the street scene and rural feel of Billing Lane; previous issues in getting the hedge to be maintained. Councillor Meredith made reference to an e-mail he had received from the Agent that he considered was intimidating. In answer to questions Councillor Meredith commented that the fatality had been 300 yards further along Billing Lane and that walls had been knocked down at Brittons Drive and Crabtree Drive; speeding had been a cause of the incidents; traffic flow monitoring had shown results of speeds in excess of 50mph; that he believed that the applicant would need consent to move the hedge and that there had not been any discussion with him in that respect; that the road was predominately rural; and that he did not agree with the Highway Authority’s assessment of accidents in the preceding five years. 

(Councillor Meredith left the meeting in accordance with his earlier stated declaration of predetermination.) 

Mr Dooley, the agent, commented that the hedge did belong to the applicant and comprised leylandii of no particular merit. The hedge would be removed and replanted to give a better visibility splay. He commented that there had been no accidents at this point along Billing Lane and the applicant had had a full traffic survey undertaken which the Highway Authority had agreed with the results. He believed that that the access arrangements would improve safety and hoped that the Committee would approve the application. In answer to a question, Mr Dooley stated that the existing access arrangements had been in place for a considerable period of time.   

Mr Pearson, the applicant, stated that he had lived at Southfields Cottage for 22 years. In the last five years he had had problems with burglaries and was keen to have a nearby neighbour to help improve security. He noted that the application had the support of the Police and that there had not been any traffic accidents outside their house.

The Head of Planning agreed that Billing Lane had a rural feel to it and noted previous accidents and the fact that none had occurred outside Southfields Cottage as per the advice of the Highway Authority as set out in the report and previous refusals of planning permission. He considered that the current application represented an improvement of visibility and therefore was a net benefit. He confirmed that the details submitted with the planning application indicated that the hedge was in the ownership of the applicant and that moving and replacing the hedge would maintain the character of the area. He also confirmed that the appropriate consultation with neighbours as required by statute had been carried out. The Head of Planning also recommended that proposed condition five be amended to include requirements to carry out the improvements to the visibility splay to be completed and maintained prior to the first occupation of the proposed dwelling.

The Committee discussed the application.

RESOLVED:            That the application be approved subject to the conditions set out in the report and condition 5 amended to read: “Before the dwelling hereby permitted is first brought into use: a) The existing access point shown to be closed on the approved drawings shall be permanently closed (and the highway reinstated) in a manner to be approved in writing by the Local Planning Authority, and no further points of access shall be created thereafter; and b) The hedge, trees and fence to the Billing Lane frontage shall be removed to fully form the visibility splay shown on the approved drawings, the visibility splay shall be kept clear of obstructions thereafter and a replacement hedge shall be planted in the first planting season following the removal of the existing hedge in accordance with details to be submitted to and approved in writing by the local planning authority.  The replacement hedge shall be maintained for a period of five years, such maintenance shall include the replacement in the current or nearest planting season whichever is the sooner plants/shrubs that may die, are removed or become seriously damaged or diseased with others of similar size and species.  Reason: To confine access to the permitted point(s) in order to ensure that the development does not prejudice the free flow of traffic or conditions of highway safety along the neighbouring highway and in the interests of visual amenity in accordance with the aims of the NPPF” as the principle of a residential development in an existing residential area was acceptable.  Due to the siting, scale and design of the proposed dwelling it would not have a detrimental impact on the street scene or on visual or residential amenity.  The applicant had demonstrated that the development would not harm highway safety.  The proposed scheme therefore accorded with Policies H6 and E20 of the Northampton Local Plan and the NPPF.

(Councillor Meredith re-joined the meeting.)