Planning Committee 25th October 2011 Agenda Item 6 APP/11/00909 Part 7

Matthew Rushton said the distance of 17 metres was wrong.

Cllr Salter asked a question about the A4 use. He asked if it was approved in 2008, could they not overturn it unless there was substantial change?

Cllr Elderton agreed that there would have to be change to the development or a change in legislation.

Cllr Mitchell said there were national policies on A4 uses and that a previous planning decision on another A4 use had already been overturned. He said there would be great difficulty in reversing the decision.

Cllr Johnson asked if the previous planning permission was granted on 31st July 2008, wasn’t the three years up?

Matthew Rushton replied that the application had been submitted before the expiry.

Cllr Johnson asked about the original application. The reply given was that no new plans had been submitted and it was the same development as in the previous application with the same plans.

Cllr Kelly asked about separation distance and asked if it did not meet policy. Matthew Rushton replied that it was not clear. He said they can’t reassess as it was an extension of time and not submitted in a different form.

Cllr Elderton said he would help to clarify as he had been on the committee that decided it, he said it was not sufficiently relevant. Cllr Salter said he remembered it. Cllr Kelly said it was predicated on the A4 use being on the Telegraph Road end of the site, however the application doesn’t limit the A4 use. Cllr Elderton said he was correct, there was no change in design.

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