The Committee considered the report of the Head of Planning and Development.

In presenting the report, the Major Projects Manager advised the Committee that:

·  The developer had breached the planning condition controlling working hours during the construction period; indeed, the previous weekend, the developer had carried out intensive works outside the approved hours, including the construction of roads with no reason other than development timing.

·  The Officers were advising that the planning condition was not the most effective way of dealing with issues of noise and disturbance during the construction period.  For example, under the Control of Pollution Act 1974, the Council could require the developer through a notice to accord with hours of work and noise levels and other measures relating to equipment and dust control not only outside hours but within the approved hours as well.  It was the view of the Officers that having regard to the legal and policy tests for planning conditions, the retention of the condition could not be justified and that there were other measures that the Committee could rely on in terms of the Council enforcing against future breaches.

·  The applicant had acknowledged that there had been some shortcomings in terms of their working practices and relationships with neighbours, and had indicated that they would accept a deferral of the application in order to engage with local residents, the Parish Council and Ward Members.

·  In addition to deferral for further discussions, the options available to the Committee were to:

Accept the Officers’ recommendation and remove the condition in its entirety and in so doing request the Environmental Protection Team to deal with the issues under other legislation such as the Control of Pollution Act 1974 and the Environmental Protection Act 1990;

Refuse the application if the additional hour was considered to be unacceptable; or

Approve the request to retain the condition with an additional hour, but it would be necessary to identify why it should be retained as the Courts had advised that there must be unique circumstances pertaining to a site that justify a planning condition going above or duplicating legislation.

RESOLVED:  That consideration of this application be deferred for further discussions to determine the most effective mechanism to control issues of noise and disturbance during the construction phase of the development i.e. whether legislation such as the Control of Pollution Act 1974 and the Environmental Protection Act 1990 would provide sufficient remedy to deal with the issues such that the condition can be removed in its entirety or whether the condition still serves a useful planning purpose.

Voting:  8 – For  1 – Against  2 – Abstentions