PLANNING COMMITTEE AGENDA - Hartlepool Borough Council

Planning Committee – 25 th February 2009 4.1
3.18 With regard to the adventure playground not being constructed, the applicant
has confirmed that this is to be constructed prior to the site opening in April 2009.
3.19 An objector has cited that the site has been open outside the months attached
to the approval, i.e. 1 st and 2 nd November. It should be noted that the applicant had
contacted the Planning Department to seek clarification on opening prior to these
dates and given the application currently being considered (which was submitted in
September 2008) it was considered enforcement action would be unreasonable.
3.20 In terms of the objection referring to a fatal traffic accident the issue of drink
driving is not a material planning consideration.
3.21 In terms of the occupancy of the site by contractors, this has been looked into
having regard to concerns raised about occupancy at the recently proposed touring
caravan/camping site at Brierton Moorhouse Farm. Legal opinion was sought
regarding that application earlier this year. The legal view was that it would be not
be reasonable to seek to prevent the use of the site by one defined section of the
community and that it is only lawful to restrict the use of the site for permanent
accommodation. This has been reaffirmed I the most recent discussions in relation
to the application site.
Conclusion
3.22 It is considered that extending the opening of the touring caravan and camping
site would not have an adverse effect on the surrounding area, as detailed in the
previous committee report. In terms of the removal of the condition requiring the
acoustic fence it is considered that given no objections have been received during
the operational year without the fence it would be difficult to sustain an objection.
Having regard to the policies identified in the Hartlepool Local Plan 2006 and in
particular consideration of the effects of the development on the amenity of
surrounding area the development is considered satisfactory.
3.23 The previous Planning Committee report did replicate conditions comparable to
the Brierton Moorhouse Farm approval, which were not previously attached to
Ashfield Farm, however after further legal discussions this is not considered
reasonable, primarily because of the limited extension in the period of operation of
the site proposed. There are 2 conditions which are proposed which were not
previously attached to the approvals (conditions 10 and 11 below) however they are
considered to be reasonable to be imposed.
RECOMMENDATION – Approve subject to the following conditions:
1. All planting, seeding or turfing comprised in the previously approved details of
landscaping shall be carried out in the first planting season following the
occupation of the building(s) or completion of the development, whichever is
the sooner. Any trees plants or shrubs which within a period of 5 years from
the completion of the development die, are removed or become seriously
damaged or diseased shall be replaced in the next planting season with
others of the same size and species, unless the Local Planning Authority
gives written consent to any variation.In the interests of visual amenity.
4.1 Planning 25.02.09 Pl anning apps 20