Issue - meetings

Determination of Planning Applications

Meeting: 13/05/2024 - Castle Morpeth Local Area Planning Committee (Item 4)

4 24/00826/VARYCO pdf icon PDF 160 KB

Removal of conditions 3 and 4 (footpath) pursuant to planning permission 23/01205/VARYCO

Land North of Southcroft Stables, The Croft, Ulgham, Northumberland



Removal of conditions 3 and 4 (footpath) pursuant to planning permission 23/01205/VARYCO

Land North of Southcroft Stables, The Croft, Ulgham, Northumberland


R Soulsby, Senior Planning Officer provided an introduction to the report with the aid of a power point presentation.  It was confirmed that the Members had viewed the site visit video in advance of the meeting.


M Ketley, addressed the Committee speaking on behalf of the applicant.  He thanked the officer for his presentation and report.  The removal of conditions 3 and 4 appertaining to the provision of a footpath had been refused by the Local Planning Authority on two planning applications.  On Appeal, the Planning Inspector had removed the conditions and awarded costs against the Council.  The applicant now sought to remove the conditions from a third application as the Planning Inspector had advised that the provision of the footpath was not required to make the application acceptable.  He asked that the Committee support the recommendation and allow the conditions for the provision of a footpath to be removed.


In response to questions from Members, the following information was provided:-


·            The applicant had indicated that should the application to remove the conditions be refused then they would appeal and it would be likely that as the conditions had been removed twice by the Planning Inspector that they would do so again and costs would be awarded against the Council.

·            The Parish Council whilst acknowledging the previous appeal decisions, considered that the ground conditions were different now as grass verges had been reduced to put in drainage.  The Planning Inspector had considered that residents would walk on the highway and only use the verge if required and therefore officers considered that this change in size would not alter the material impact on the previous decision.


Councillor Wearmouth moved the recommendation to approve the application and this was seconded by Councillor Dodd. 


Councillor Towns commented that the Parish Council had tried very hard to preserve the character of the village and ensure that it was connected and accessible.  It was a very small community with no regular public transport and an aging demographic, and he wished to put on record his support for the Parish Council in their endeavours. 


A worry was also expressed that residents would come forward in the future to request a footpath to be installed and it was highlighted that whilst planning conditions were added to applications to make them acceptable, these were not always set in stone as a lot of applications came back for conditions to be varied or removed.


A vote was taken on the proposal to accept the recommendation to approve the application as outlined in the report as follows: FOR 5; AGAINST 0; ABSTAIN 2.


RESOLVED that the application be GRANTED for the reasons and with the conditions as outlined in the report.