20 January 2010 - Agenda

Members

Mr C W Arthey
Mr P K Beer
Mr J R B Cave
Mr P G Gibson
Mr P J Holbrook

Mr L S Johnson
Mr P Jones
Mr D H Keane
Mr B L Lazenby
Mr D C Rose

Mr R C Smith
Mr R W Thake
Mr A J Ward
Mr G S White
Mr R Whiting

Members of the Public and Press attending the meeting are asked to note the following:-

• Application No. B/00/01318/RES/GD – Former HMS Ganges, Shotley Gate will be the first item to be considered (Papers J129 and J158 refer).
• No applications on Paper J159 will be considered before 11am at the earliest.

ITEM

BUSINESS

1

SUBSTITUTES AND APOLOGIES

Any Member attending as an approved substitute to report giving his/her name and the name of the Member being substituted.

To receive apologies for absence.

2

DECLARATION OF INTERESTS

Members to declare any interests as appropriate in respect of items to be considered at this meeting.

3

MINUTES

To confirm and sign the Minutes of the meeting held on 16 December 2009 as a correct record.

4

PETITIONS

The Director of Corporate Services to report, in accordance with Council Procedure Rule No. 13, the receipt of any petitions submitted to the Chief Executive.

5

QUESTIONS FROM MEMBERS

The Chairman to answer any questions on any matters in relation to which the Council has powers or duties which affect the District and which fall within the terms of reference of the Committee of which due notice has been given in accordance with Council Procedure Rule No. 15.4 – (a) and (b).

6

SITE INSPECTIONS

In addition to any site inspections which the Committee may consider to be necessary, the Chief Planning Control Officer will report on any other applications which require site inspections.

The provisional date for any site inspections is Wednesday, 27 January 2010.

7

LEGAL ADVICE ON THE DETERMINATION OF APPLICATION B/00/01318/RES (PAPERS J129 AND J158)

The Solicitor to the Council to report that at its meeting on 18 November 2009, the Development Committee deferred consideration of Paper J129 pending the receipt of further Counsel’s Advice on the issues contained within an Opinion of Mr William Upton dated 16 November 2009.

The Council has now secured further Advice from Ms Ellis QC.

Having considered the Opinion of Mr Upton, Ms Ellis has confirmed that her advice provided in February 2008 remains unchanged.  Whether or not the reserved matters now before Members can lawfully be determined is a question of whether the submission constitutes an amendment of the application made in time on 1 September 2000.  This is a matter of planning judgement for the Local Planning Authority.

Ms Ellis has seen the officer’s reasons for accepting the changes as amendments (as set out in paragraph 25 of Paper J158) and has stated that these accord with the approach she advised.  The officer’s judgement cannot possibly be said to be irrational.

The arguments to the contrary submitted by Mr Upton are not accepted.

As a consequence of this further assurance from Leading Counsel, the Solicitor to the Council advises the Committee to proceed to determine the application.

Paper J158 




Paper J129  previously circulated

8

PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE

Paper J158 (attached), supplementing Paper J129 containing the HMS Ganges application, together with a copy of the Development Committee’s decision on the public speaking arrangements for this item. 

Paper J129 was previously circulated with the Agenda for the meeting held on 18 November 2009.

Paper J159

Schedule of applications (Paper J159) attached.

An Addendum to Papers J158 and J159 will be circulated to Members prior to the commencement of the meeting summarising additional correspondence received since the publication of the agenda but before 12 noon on the working day before the meeting together with any errata.

Paper J160

9

PLANNING PERFORMANCE

Report by the Chief Planning Control Officer attached.