Agenda item

To consider a report of the Chief Planning Officer on an application for a detached dwelling

(report attached)

  Plans, photographs and drawings were displayed at the meeting.  A Members site visit had taken place earlier in the day

  Officers presented the report which sought approval for a detached dwelling in the side garden of 19 Dunrobin Avenue LS25.  Members were informed of the presence of a mine shaft on the site although this had been capped  and that  the design of the proposals accounted for the mine shaft

  The receipt of three additional representations was reported, with concerns being raised about the mine shaft; land stability and whether the site had been properly considered.  Members were informed that the Coal Authority had indicated it was content with the information which had been received from the applicant.  If minded to approve the application, Officers proposed a modification to condition no 11 to require the submission of further details, with the Coal Authority being contacted on receipt of this information to see if they remained content with the proposals

  Members were informed that a representative of the Coal Authority had been invited to the meeting but nobody had attended

  The Panel heard representations from a Ward Member who objected to the proposals and set out his concerns, which included:

·  local concerns about the stability of the ground if the proposal went ahead

·  the extent of the detailed investigations which were stated as having been carried out and whether these were sufficiently diligent to state that the proposed development would be acceptable

·  the extent of the shaft cap

·  that no construction methodology had been provided

·  the lack of on-site investigations by the Coal Authority

·  the need for a more extensive piece of work to be carried out on the land stability and the impact of the proposals

The Panel then heard from the applicant’s agent who provided

information on the application, which included:

·  that specialist consultants had been engaged; a risk assessment had been carried out and trial bore holes had been made to 3m

·  that the cap was solid limestone

·  that the foundations would go down the side of the cap

·  that drainage from the proposals would be dealt with effectively and there would be no greater discharge than was currently experienced

Members considered the application and discussed the issues raised,

particularly where liability rested in the event the application was granted and a problem occurred in the future.  The Panel’s legal adviser stated he could not see that the grant of planning permission itself would make the Council liable

  The Panel considered how to proceed, with the Head of Planning Services proposing an additional condition which would require approval of the siting of the development in relation to the survey of the mine shaft

  RESOLVED -  That the application be granted subject to the conditions set out in the submitted report, the amendment of condition 11 to require the submission of further details and for the LPA to re-consult the Coal Authority on the proposals and an additional condition to specify that prior to construction, the exact siting of the development in relation to the survey of the mine shaft to be submitted and agreed