Agenda and draft minutes

The Chair outlined the procedure which would be followed at the meeting.

Minutes of the meeting of the Cramlington, Bedlington & Seaton Delaval Local Area Council held on 19 January as circulated, to be confirmed as a true record and signed by the Chair.

The minutes of the meeting of the Cramlington, Bedlington & Seaton Delaval Local Area Council held on 19 January 2022, as circulated, were confirmed as a true record and signed by the Chair.

Unless already entered in the Council’s Register of Members’ interests, members are required to disclose any personal interest (which includes any disclosable pecuniary interest) they may have in any of the items included on the agenda for the meeting in accordance with the Code of Conduct adopted by the Council on 4 July 2012, and are reminded that if they have any personal interests of a prejudicial nature (as defined under paragraph 17 of the Code Conduct) they must not participate in any discussion or vote on the matter and must leave the room. NB Any member needing clarification must contact Legal Services, on 01670 623324. Please refer to the guidance on disclosures at the rear of this agenda letter.

Councillor Swinburn advised that he would be speaking as the Ward Councillor on application 21/02835/VARYCO and would take no further part in relation to this application. 

Variation of Condition 16 (Delivery times) on approved planning application 12/02835/VARYCO in order to alter the time of deliveries to the M&S store.

Marks And Spencer Simply Food, 1A Westmorland Retail Park, Cramlington, Northumberland.

Variation of Condition 16 (Delivery times) on approved planning application 12/02835/VARYCO in order to alter the time of deliveries to the M&S store.

Marks and Spencer Simply Food, 1A Westmorland Retail Park, Cramlington, Northumberland.

J Murphy, Planning Area Manager provided an introduction to the application with the aid of a power point presentation.  Members confirmed that they had viewed the site visit videos circulated in advance of the meeting.

Councillor Swinburn addressed the Committee speaking as the local Ward Councillor for the application.  His comments included the following information:-

·       The application referenced a number of policies related to sustainable development, growth in employment and the economy, ensuring a vital and vibrant town centre all common within this type of report, however it failed to mention the Council’s values in its Corporate Plan top of which was “residents first”.

·       Councillors were there to represent the residents who elected them and it was those very residents who had contacted him to complain about noise after hours and before hours from the town centre retail area, and who had attended Town Council meetings asking for help with this.

·       The residents had shown flexibility during the pandemic, not only those who lived around the town centre but those who lived on every road lined with residential properties that led into the town centre and they relied upon their local representatives to speak on their behalf.

·       The substantial noise survey supplied by the applicant contained a significant amount of detail however it failed to acknowledge the properties at either side of the site in question one of which was a new development of sheltered housing for the elderly.

·       He highlighted the reference to paragraph 185 of the NPPF which sought to ensure that new development was appropriate for its location and the information that had been quoted and was relied upon for this application was incorrect as this was not a new development, it was an existing business and therefore the use of this policy in the noise survey was inappropriate.

·       The business had enjoyed a relaxation in regulations due to the covid pandemic and residents had been prepared to give flexibility, this could not become the normal practice.  Nearby residents and those living on the surrounding routes that feed the town centre should not have to be disturbed for deliveries at 5 am each morning. Nothing earlier than 6am should be permitted. 

·       Since the store opened some years ago, even more development had taken place along those routes and people did not want to be woken up with the sound of HGVs driving past their houses delivering earlier and earlier, or as stated in the report, ‘during a night-time period’. This should not be allowed to happen setting a precedence to which then became the norm.

·       Noise carried during the night and his own experience on being woken at 5am to the sound of commercial rubbish being emptied when staying elsewhere was referenced and the response when he raised this with the owners  ...  view the full minutes text for item 63.

Unless already entered in the Council’s Register of Members’ interests, members are required to disclose any personal interest (which includes any disclosable pecuniary interest) they may have in any of the items included on the agenda for the meeting in accordance with the Code of Conduct adopted by the Council on 4 July 2012, and are reminded that if they have any personal interests of a prejudicial nature (as defined under paragraph 17 of the Code Conduct) they must not participate in any discussion or vote on the matter. 

NB Any member needing clarification must contact the Monitoring Officer at monitoringofficer@northumberland.gov.uk.  Please refer to the guidance on disclosures at the rear of this agenda letter. 

Councillor Wilczek, Vice-Chair Planning introduced the report which requested the Committee to decide the planning applications attached to the report using the powers delegated to it.  Members were reminded of the principles which should govern their consideration of the applications, the procedure for handling representations, the requirement of conditions and the need for justifiable reasons for the granting of permission or refusal of planning applications. 

Certificate of existing lawful development for sections of new/replacement 1.8 m perimeter fencing.

Cramlington Learning Village, Cramlington, NE23 6BN.

Certificate of existing lawful development for sections of new/replacement 1.8m perimeter fencing.

Cramlington Learning Village, Cramlington, NE23 6BN

A Ali, Planning Officer introduced the report to the Committee with the aid of a power point presentation.  He advised that there was a change to the recommendation outlined in the report and this should now read:

It is Recommended that Members grant a Certificate of Lawfulness.

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

·       The application for a Certificate of Lawfulness for the permitted development had been brought to Committee in order to allow an open discussion to take place in view of the history surrounding the Cramlington Learning Village (CLV) and high level of objections received.  Objections were largely based on the perception that the gate in the fence would block the Public Right of Way (PRoW).   Members would be able to refuse the application, however this would not prevent the fence being there as it was permitted development.

·       A great deal of dialogue had been undertaken with the Public Rights of Way Officer and it had been made clear to CLV that the gate must remain open and whilst the gate had been seen to have been closed, CLV had advised that they did not know who had done this as they were fully aware that it could not be closed.

·       Members could only decide if they wished to issue a Certificate of Lawfulness in connection with the permitted development which did not require any planning permission.  Any blocking of the PRoW would need to be dealt with under different legislation.

·       The gate was part of the fence which was allowed under permitted development.

·       There had been an application to extinguish the PRoW, however until such time as that had been decided the gate must remain open.  Any decision to extinguish a PRoW would need to be made by the Secretary of State. 

·       The DEFRA Regs as highlighted by Councillor Swinburn would need to be referred to the PRoW Officer for his comments.  As this was permitted development as allowed under planning legislation there was very little which could be done.

·       If the issue regarding gated vehicular access and the possible moving of these gates was not caused by this application then this would need to be discussed with the Highways Team outside of this application.  If the issue was being caused as part of this application by the gates being closed when they should not be then the PRoW Officer would need to take this up with CLV.

·       Residents being unable to access the outside of their fences would need to be taken up with CLV or dealt with as a civil matter between CLV and neighbours if agreement could not be reached.

·       Whilst CLV did not require a Certificate of Lawfulness it had been suggested as part of pre-application discussions when they had enquired if the fence would need planning permission that they could apply for a one. 

Councillor Flux proposed  ...  view the full minutes text for item 65.

For Member’s information to report the progress of planning appeals.  This is a monthly report and relates to appeals throughout all 5 Local Area Council Planning Committee areas and covers appeals of Strategic Planning Committee. 

RESOLVED that the information be noted.

The report sets out the details of the draft Local Transport Plan (LTP) programme for 2022-23 for consideration and comment by the Local Area Council, prior to final approval of the programme by the Interim Executive Director of Planning and Local Services in consultation with the Cabinet Member for Environment and Local Services. 

A comprehensive introduction to the report was provided by P Jones, Service Director, Local Services with R McCartney, Infrastructure Manager also in attendance.  The report set out the details of the Local Transport Plan (LTP) programme for 2022-23 for consideration and comment by the Local Area Council prior to final approval of the programme by the Interim Executive Director of Planning and Local Services in consultation with the Cabinet Member for Environment and Local Services.

In response to questions from Members the following information was noted:

·       The Local Cycling and Walking Infrastructure Plans (LCWIPs) were in relation to the 12 main towns in Northumberland with the aim to reduce local commuting and promote the use of walking/cycling etc for journeys of 2 miles or less and Mr Jones was not aware of any discussion related to an additional scheme for the Seaton Valley Area. Councillor Ferguson would take this up after the meeting as following the approval of the rail station at Seaton Delaval he had been led to believe a LCWIP was to be developed for this.

·       The duplication of schemes on Beresford Road would be investigated and if speed reduction measures were required elsewhere this could be considered.

·       Any schemes not completed in the current year would be taken forward to 2022/23.

·       The format of the report changed a number of years ago.

·       The proposed £1.5m identified in the Medium Term Financial Plan for the LCWIPs would be allocated once the results of the consultations had been completed.

·       Each 20mph school scheme would be tailored to its locality and the issues within each area.

·       If the additional £2m was approved for small paths and roads, highways asset management principals would be used to identify schemes using the condition of the network and road hierarchy. Officers would come forward with a draft programme for agreement by the Cabinet Member and Executive Director and would be made public after that.

·       Mr McCartney would investigate the proposed pedestrian crossing or traffic calming measures on Netherton Lane as all traffic from St Benet Biscop school now exited onto this road.

·       The majority of the allocation of £50,000 included for urban road safety issues across Holywell Village and Phase 1 of the Croft Ward home zone would be spent in Holywell as the Croft Ward part was for a feasibility study.

·       Mr Jones would investigate the introduction of 40mph speed limit on Crow Hall Lane, Cramlington following information from Members that signs currently advised of a 30 mph limit and this had been what Members had requested.

·       Members were advised that the provision of electronic speed signs were not sponsored or supported by NCC however should Town or Parish Councils or Ward Members wish to purchase these there installation would be supported.  A discussion took place with Members highlighting contrary advice being provided on the different types of signs and the diversity of signs across the County and the ways in which these were powered with some being hardwired into lampposts.  Offices advised  ...  view the full minutes text for item 67.

The next meeting will be held on Wednesday 23 March, 2022.

The next meeting was scheduled for Wednesday 23 March 2022.  The Chair confirmed that he had requested an update on the Bedlington Town Centre and it had been agreed that this would be provided at the March meeting.