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Posted by: John Brace | 22nd June 2011

Planning Committee – 21/6/2011 – Part 10 – APP/11/ 00065 – Townfield Close, Claughton – Demolition of an existing petrol filling station and erection of Class A1 retail unit

Cllr Kelly said that the local planning authority finds that contrary to highway safety no provision has been made for servicing needs. Cllr Realey seconded this. Cllr Kelly said back to the issue of amenity it was defined in statute and elaborated in common law. The Post Office was classed as an amenity. He looked to the solicitor to know the statutory definition. He said judges made law based on the definition in statutes.

The Chair asked the officer for advice. Cllr Kelly continued that there should be two votes, Cllr Foulkes asked Cllr Kelly to add the health centre but he said he couldn’t.

Cheryl Barry said they had to demonstrate harm to an amenity and that it would be definitely shut down, she said there was no evidence of harm. The Chair asked the audience to be quiet. Cheryl Barry continued that students done had shown there were no impacts and they had to evidence actual evidence.

Cllr Kenny said on the last point the need to have evidence was a bit unfair. It was a question of judgement, not black and white. If it was approved it was almost certain the Post Office would close down. It was in the late list and to only take it into account if it was guaranteed was unfair.

Cllr Kelly said they had to weigh it on the balance of probabilities. Cllr Kenny said it was almost certain the Post Office would close.


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