Planning Committee - 27/03/2014 UPDATES ITEM 14 Major Application Planning Ref: W/14/00151/OU Proposal: Site: Ward Councillor Recommendation Land adjacent to, Wyre Cllr Charles Tucker Cllr Approve - Outline Road, Pershore David Brotheridge Cllr Mrs Val Wood Cllr Mrs Elizabeth Tucker Outline application for 5 hectares of employment land. New access for pedestrians and cycles, car and car parking, sustainable drainage measures including storage pond for surface water attenuation; provisions of utilities, infrastructure and all ancillary works - as approved under planning permission reference number W/11/00988/OU but without compliance of condition number 22 (form of development). Officer: Jonathan Edwards Parish/Town Council: Multiple Parishes Applicant: Crown House Developments Consultation Responses Wyre Piddle Parish Council Objects Original application was subject to intense debate and was only granted exceptionally as it was essential for continuing prosperity of a local business. Condition 22 was imposed as some form of control over type of development provided. If removed will make a mockery of the original application. SWDP allocation was subject to objection. Inspector has not commented on where employment land allocations should be provided. To grant permission would be premature. Shows future growth is being decided by developers rather than through consideration of the SWDP by Inspector. Representations Received Mike Oakley - concerns that the proposed development has commenced and that this will invalidate the planning agreement. Update Officer Appraisal Since preparation of the agenda, further information has been submitted in response to planning conditions attached to planning permission ref. no. W/11/00988. For example, details of drainage proposals. It seems likely that some of the conditions suggested on the agenda report are not appropriately worded or will not be needed by the time the recommended new permission is issued. As such, officers would ask for delegated powers to impose the conditions considered necessary and reasonable at the time of issuing the planning permission. Condition 18 as set out on the agenda report will not be changed. Additional Information/plans Recommendation CHANGE RECOMMENDATION TO READ AS FOLLOWS Approval subject to:(i) the conditions as outlined on the agenda report and/or any conditions deemed appropriate and necessary by the Head of Housing and Planning at the time of issuing the planning permission; and (ii) the completion of a deed of variation/new legal agreement requiring the transfer of land to facilitate the construction of the link road on the same terms as the existing agreement covering the site. Also authority be granted to the Head of Housing and Planning Services to refuse the planning application if the proposed deed of variation/legal agreement is not completed within 24 weeks from the date of the receipt of the application and no extension of time to determine the application beyond a date 26 weeks from the start date has been agreed in writing between the council and the applicant.