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

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