Planning Schedule Date: 10/08/2004 - Stroud District Council

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Neighbour Contributions Letters of Objection J Moss, 6 Charfield Road, Kingswood Planning Schedule Date: 10/08/2004 • Lack of footpath along Charfield Road is a concern for writer and residents. • Danger to pedestrians. • Inadequate traffic calming measures. • Would leave the department open to litigation from any pedestrian killed or injured. Site Location: Site Report: This is an application for the removal of a condition from a planning permission granted in April 2004. The original application was for the erection of three light Industrial units, extension of existing site road and landscaping. 160
Planning Schedule Date: 10/08/2004 The site was on land adjoining Charfield Road Kingswood. The condition which this application is to remove required that: 'Before the development hereby authorised is commenced details of the proposed footpath along the Charfield Road frontage shall be submitted to and agreed in writing with the Head of Development Services in consultation with the Highway Authority and the footpath details so approved shall be completed in all respects in accordance with the submitted details and shall be similarly maintained thereafter for that purpose.' Reason: In the interests of highway safety and to ensure the development accords with Policy G5 of the Stroud District Local Plan Revised Deposit Version (as amended June 2001). At the time the application was originally considered, concerns from local residents and the Kingswood Parish Council were raised regarding the traffic situation in Charfield Road and how this could be improved by the provision of a footpath along the Charfield Road. To provide a suitable footpath would involve land outside of the applicants control and furthermore the Highway Authority do not feel that a safe footpath arrangement can be achieved. The developer at the time offered the site frontage of the land in their control to be used as a public footpath. The offer of this land remains. The wording of the condition requires that the applicants provide and maintain this section of new footpath before their development is commenced. The applicants feel such a requirement is unreasonable. They remain willing to make the land available but consider that the construction and maintenance of the footpath should be the responsibility of another body, such as the Highway Authority. The applicants also argue that the condition does not meet the test of reasonableness laid out in "Circular 11/95, The Use of Conditions in Planning Permission", particularly with regard to the need for the condition resulting from the new development itself and must be "genuinely" required by the users of the development. In this respect this argument is accepted. It is therefore recommended that the application be permitted and the condition replaced with a condition which requires the land for the footpath to be made available. In compiling this recommendation we have given full consideration to all aspects of the Human Rights Act 1998 in relation to the applicant and/or the occupiers of any neighbouring or affected properties. In particular regard has been had to Article 8 of the ECHR (Right to Respect for private and family life) and the requirement to ensure that any interference with the right in this Article is both permissible and proportionate. On analysing the issues raised by the application no particular matters, other than those referred to in this report, warranted any different action to that recommended. ITEM No: 26 Application Site Address: S.04/1084/VAR 21 Barcelona Drive, Minchinhampton, Gloucestershire, GL6 9DS 161
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Stroud District Council SCHEDULE OF
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Planning Schedule Date: 10/08/2004
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ITEM No: 01 Application: S.01/436 P
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Materials: Roof Conc int tiles Wall
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Relevant Planning History Planning
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ITEM No: 02 Application: S.03/1451
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POLICY B9 Planning Schedule Date: 1
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Planning Schedule Date: 10/08/2004 - Stroud District Council

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