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Planning Committee - 2nd July 2013 - Newark and Sherwood ...

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to highway safety. Therefore, it is recommended that this application be refused as the proposed<br />

development fails to provide adequate servicing arrangements resulting in an increase in the<br />

likelihood of danger to other users of the highway due to vehicles having to manoeuvre into the<br />

Queens Road.<br />

Following this, <strong>and</strong> in light of the location, previous use <strong>and</strong> the charitable nature of the user,<br />

officers have undertaken discussions with NCC Highways in respect of alternative servicing <strong>and</strong><br />

possible conditions controlling timings of deliveries, types of vehicles <strong>and</strong> tying the permission to<br />

the user. NCC Highways accept that any usage of the site would bring with it a level of servicing,<br />

<strong>and</strong> thus the use of a less than ideal access must thereore be accepted. However they of the view<br />

that, particularly given how highways conditions have changed in the area, that whilst other uses<br />

that require less servicing might be appropriate, an A1 use here (notwithst<strong>and</strong>ing the furniture<br />

element which compounds the problem) cannot be supported or adequately controlled in the<br />

interests of highway safety.<br />

Members will note from the comments above that in this particular case there are several material<br />

planning considerations to balance in coming to a final view. The site is in a highly sustainable<br />

location, being within <strong>Newark</strong> Town Centre. The building also lies within the conservation area,<br />

which is of significance not only to the character <strong>and</strong> appearance of this part of the area but also<br />

nationally by the very nature of its designation.<br />

The proposals would bring back into active use this former retail unit within the Town Centre <strong>and</strong><br />

would secure such a use for a charitable organisation. However, all such matters must be balanced<br />

against the concerns raised by NCC Highways, who rightly have identified concern which may<br />

affect highway safety, which is significant.<br />

In this particular case, whilst the benefits of the proposal are significant, so too is the potential<br />

harm as identified by NCC Highways. It is highly unusual for me to go against the technical expert<br />

advice of Highways colleagues <strong>and</strong> on this basis I must concur with their views, albeit accepting<br />

that for the other reasons detailed above this issue is very finely balanced. On this basis, refusal is<br />

recommended.<br />

RECOMMENDATION<br />

That permission is refused for the following reason:<br />

01<br />

The proposed development fails to provide adequate servicing arrangements resulting in an<br />

increase in the likelihood of danger to other users of the highway due to vehicles having to<br />

manoeuvre into Queens Road.<br />

BACKGROUND PAPERS<br />

Application case file.<br />

For further information, please contact John Morrison on Ext 5837.<br />

All submission documents relating to this planning application can be found on the following<br />

website www.newark-sherwooddc.gov.uk.<br />

46

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