Agenda and minutes

Councillor N Akhtar declared pecuniary Interest in the matter referred to in Minute 120 below (Town and Country Planning Act 1990 Section 257 – Proposed Extinguishment of Unrecorded Public Footpath, Everdon Road, Monks Park, Holbrooks, City of Coventry).  Councillor Akhtar withdrew from the meeting during consideration and voting on this matter.

Members are reminded that contacts about any planning applications on this agenda must, unless reported to this meeting by the Head of Planning, be declared before the application is considered.

The Members named declared a contact on the following applications as indicated:

There were no late representations.

Report of the Strategic Lead, Planning and Major Development

The above application was deferred to the meeting to be held on 11 February 2021.

Report of the Strategic Lead, Planning and Major Development

The Committee considered a report of the Strategic Lead for Planning detailing the above application for the erection of two 5-bed detached houses which was recommended for approval.

Two registered speakers spoke in respect of their objections to the application. The applicant’s representative spoke in support of the application.

Having considered the report and submissions made at the meeting, the Committee expressed concern regarding the proposed loss of trees on site and agreed that to mitigate this, a condition be added for replacement tree planting.

RESOLVED that planning permission be granted in respect of Application FUL/2020/1480 subject to conditionslisted within the report and to a condition to require that replacement trees are planted and that details of the planting scheme be submitted in writing and approved by the Authority.

Report of the Director of Transport and Highways

The Committee considered a report which outlined investigations to extinguish part of a public footpath at Everdon Road, Monks Park, Holbrooks, City of Coventry.  This included a discussion of consultations carried out in respect of the proposal and the legal tests to be considered for an extinguishment order to be made.  The proposal had been put forward following an application that has been submitted by Mr B Seamer BSP Consulting (Derby) 5 Pride Point Drive DE24 8BX, on behalf of Citizen Housing Group Ltd, 4040 Lakeside Solihull Parkway B377YN the owner of the land crossed by the path.

The report made a recommendation based on that information, for quasi-judicial decision by Members as to whether an Order should be made to extinguish the section of footpath concerned. The Applicant had agreed to defray all expenses associated with the Order. 

In accordance with Coventry City Council’s constitution any matters which change the public rights of way network must be considered by the Planning Committee. 

RESOLVED that the Committee:

(1)  Authorise the City Solicitor to make the necessary Extinguishment Order for all of the Public Footpath defined in this report, at Everdon Road, Monks Park, Holbrooks, City of Coventry pursuant to Section 257 of the Town and Country Planning Act 1990 on the grounds that the City Council is satisfied that it is necessary to do so to enable development to go ahead.

(2)  Agree that a Public Notice of the making of the Order be given and in the event of there being no objections within the period specified, the Order be confirmed in the exercise of the powers conferred on the Council by the said Acts.

(3)  Endorse that, in the event that objections be received to the making of the Order that cannot be resolved, then the matter be forwarded to the Secretary of State for determination and Coventry City Council be responsible for the conduct of any hearing or public inquiry.

There are no outstanding issues.

There were no outstanding issues.

There were no other items of business.