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The proposed development
The proposed development
Planning permission for the construction of 55 houses on the development site was granted on appeal by the Secretary of State on 17 November 2020.
As the objectors say, Newcastle in its capacity as local planning authority rejected the 2019 planning application, against officer’s advice, which was that:
“the site is in a sustainable location where the broad principle of new and replacement housing is acceptable. The adverse impacts of the development do not outweigh the key benefits of this sustainable development. Accordingly permission should be granted provided the contributions and affordable housing indicated in the recommendation are secured.”
As regards access and safety, the planning officer noted that ‘the highway authority has no objections to the scheme. It is not considered that the proposal would have any significant adverse impact on highway safety…’.
As for the effect on amenity of the surrounding residences, the officer noted that subject to the imposition of conditions, ‘it is not considered that an objection could be sustained on the grounds of impact on amenity’.
Despite the officer’s recommendation, planning was refused by the planning committee on the grounds of inappropriate development by virtue of the number of dwellings proposed, and that access to the site was inadequate and would not be able to accommodate the scale of the development.
On appeal, the Planning Inspector took a different view, being satisfied that a suitable residential scheme could be agreed at a reserved matter stage which would be acceptable and policy compliant. As for access, again the inspector concluded that with suitable safeguards the development would be capable of providing a safe and satisfactory access. Outline planning permission was granted by the Inspector in their appeal decision dated 17 November 2020.
Following the grant of a further permission by Newcastle, as local planning authority, in December 2021, the buildings on the development site (latterly used as an educational facility known as ‘The Seabridge Centre’ were demolished), and the site stands empty.
But, as we have said, standing in the way are the restrictive covenants on the red land. Staffordshire now applies to the Tribunal for the discharge, or the modification, of the restrictions in clause 2(1) and (2) to permit the implementation of the planning permission.