Three condition changes at Newcomen Drive Open Space, Tipton

What was proposed

The applicant sought to change when three conditions on an approved industrial and warehousing development had to be discharged.

“Application Summary 1.1 The application is being reported to Planning Committee because three material planning objections have been received. To assist members with site context, a link to Google Maps is provided below: Aerial View Street View 2. Recommendations 2.1 That planning permission is granted subject to the conditions relating DC/21/66125 and amendments to conditions 11, 12, and 19. 3.”

“The applicant proposes to implement the previous permission granted under DC/21/66125 but to alter the triggers for three of the conditions. For ease, below is the list of three conditions that were approved and under each the proposed alternative wording:”

Officer report

The site and access

The site is green space between industrial units and homes, with access remaining through Coneygree Road.

“The Application Site 5.1 The application site is an area of green space sandwiched between industrial units to the west and residential properties to the east. Access to the site would remain as it is now, through Coneygree Road.”

Officer report

Consultation responses

Planning, highways, public health, urban design and the Canal and Rivers Trust raised no objections to the changes.

“Public Health (Contaminated land) No objections.”

“Canal and Rivers Trust No objections, areas of works proposed fallout the canal.”

Officer report

Who spoke

An agent for the applicant said the site would provide strategic employment and that safeguards and consultee support remained in place.

Members considered the changes

Members considered that the modifications would allow work to continue without harming ongoing activities before the conditions were discharged.

“The planning development manager highlighted that the application related to Section 73 which allowed the applicants to return to amend a development; often it relates to conditions that were approved. The applicant sought approval to amend three conditions as the previous pre-commendable conditions meant the applicant couldn’t do any work on site until the conditions were discharged and approved.”

“Members were minded to accept the modifications as they would not cause any harm to the ongoing work prior to those being discharged.”

Minutes

The committee's decision

The committee approved the application subject to the stated conditions.

“Resolved that Planning Application DC/26/71369 – Newcomen Drive Open Space Newcomen Drive Tipton. (Proposed variation of conditions 11, 12 and 19 of planning permission DC/21/66125 (proposed industrial warehousing development (use classes B2/ B8) together with associated access, servicing, parking and landscaping) is approved subject to:-”

Minutes