Agenda item

8.1

The Director of Development Services submitted a report providing information to Members on the status of the discharge of conditions imposed following the granting of planning permission and Listed Building Consent on appeal for the development of Dial House on Ben Lane and to confirm whether the development gives rise to any outstanding planning enforcement issues.

8.2

The request for the update report followed Member concerns that the development had not been implemented in accordance with the requirements of the planning conditions as well as a primary concern in relation to the state of the bowling green to the rear of the site.

8.3

The report stated that there was no record of a formal discharge of condition application having been submitted in relation to the conditions imposed by the Inspector on either the planning permission or listed building consent. The applicant maintains that full details were submitted at a meeting previously held with officers and it would appear that some details were provided but there was no written evidence of the submission nor was there any record of a fee having been paid for the discharge of the planning conditions. Accordingly, there was no formal record of the discharge of planning conditions having been undertaken prior to works commencing.

8.4

However, it was evident from meeting notes and the advice of the Council’s Conservation Officer and Planning Enforcement Officer who attended the meetings that the applicant did engage with Officers prior to the commencement of works and did verbally agree some of the key details required by the conditions such as the facing materials to the apartments, the roof materials to the apartments and the works to protect the Listed Building, the latter being secured separately as part of a Section 21 notice.

8.5

Officers had been in recent contact with the applicant and had advised that a formal discharge of conditions application for the conditions set out in both the planning permission and the listed building consent must be submitted to the Local Planning Authority on or before Friday 15^th February 2013. Given that the applicant did undertake verbal discussions with the Council during the course of the construction, this period to formalise the discharge of conditions applications was not considered unreasonable. Furthermore, Officers were satisfied with the materials used in the construction of the apartments and with the details of the construction to date and the Conservation Officer was also satisfied with the repairs to Dial House such that the discharge of Conditions application will serve to formalise the works on site and also provide a basis for the completion of the development in terms of providing large scale details of windows and doors and landscaping etc.

8.6

Members had raised a specific concern about the state of the Bowling Green and whether there were any breaches of planning in this regard. The area for the bowling green was still in situ on site. The conditions required details of a pavilion and a programme for installation and details of a planned programme of maintenance as well as the provision of a pedestrian access to the new bowling green. With the exception of the pedestrian access, whilst accepting that the details to the conditions should have been formally submitted prior to works commencing , Conditions 9 and 10 required the applicant to submit a programme for installation and a programme for maintenance and it was unlikely that this programme would have required the works to be completed before development commenced although it was clearly appropriate that such details were provided imminently and a programme agreed with Officers for the delivery of the pavilion, as well as a programme of maintenance for the bowling green and pavilion. However, there were no conditions that required the Bowling Green to be available for use before first occupation of either the apartments or Dial House.

RESOLVED: That (a) the report be noted; and

(b) the Director of Development Services be requested to provide a further verbal update to the next meeting of the Committee on 5 March 2013.