Planning Committee Minutes

Date:
Wednesday, 12th August, 2009
Time:
1.30 p.m.
Place:
Lecture Theatre, Stockton Central Library, Church Road, Stockton-on-Tees, TS18 1TU
 
Please note: all Minutes are subject to approval at the next Meeting

Attendance Details

Present:
Cllr Roy Rix (Chairman), Cllr Hilary Aggio, Cllr Jim Beall, Cllr Mrs Jennie Beaumont, Cllr Phillip Broughton, Cllr Robert Gibson, Cllr Jean Kirby, Cllr Miss Tina Large, Cllr Mrs Maureen Rigg, Cllr Fred Salt
Officers:
B Jackson, J Roberts, P Shovlin, Mrs M Whaler (DNS), Miss J Butcher and Mrs T Harrison (LD)
In Attendance:
Members of the public
Apologies for absence:
Cllr Paul Kirton, Cllr Bill Noble and Cllr Ross Patterson
Item Description Decision
Public
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54/09		 DECLARATIONS OF INTEREST
 Councillor Kirby declared a personal/prejudicial interest in relation to 09/1215/FUL - Wynyard Park, Wynyard, Billingham, Revised application for construction of hotel and pub/restaurant, due to being good friends with several objectors. Councillor Kirby left the room for the duration of the discussion of the item.

Councillor Large declared a personal non prejudicial 09/1746/ADV - Mitchell Avenue, Thornaby Road and Lanehouse Road, Thornaby, Erection of 4 banner signs, due to being on Thornaby Town Council.
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55/09		 09/1215/FUL
WYNYARD PARK, WYNYARD, BILLINGHAM
REVISED APPLICATION FOR CONSTRUCTION OF HOTEL AND PUB/RESTAURANT.

Preamble
RESOLVED that Planning Application 09/1215/FUL be Approved subject to the following conditions:-

1. The development hereby approved shall be in accordance with the following approved plan(s); unless otherwise agreed in writing with the Local Planning Authority.

Plan Reference Number Date on Plan
SBC0001 22 May 2009
SBC0002 22 May 2009
SBC0003 22 May 2009
SBC0004 22 May 2009
SBC0005 22 May 2009
SBC0006 22 May 2009
SBC0007 22 May 2009
SBC0008 22 May 2009
SBC0009 22 May 2009
2070/02/E 31 July 2009
2535/301 22 June 2009
2535/302 22 May 2009
2535/303 22 May 2009
2535/304 22 May 2009
1 22 May 2009

2. Prior to commencement of works on site, a detailed Travel Plan shall be submitted to, and approved in writing by the Local Planning Authority. The Travel Plan shall make include:
• Firm commitments to the implementation of measures to reduce the traffic impact of the development;
• Links to the wider Wynyard Park Travel Plan;
• Commitment to provide a Travel Plan Co-ordinator and details of their time and budget allocation for the implementation and promotion of the Travel Plan;
• Specific trip generation and mode split targets and timescales for achieving these; and
• Details of proposed monitoring strategy.

The Travel Plan shall be implemented prior to occupation and for the lifetime of the development in accordance with the agreed Travel Plan document, and an approved travel survey shall be undertaken within six months of occupation (and within a neutral month). Annual surveys shall thereafter be undertaken (at the same time of year as the initial survey) and the results of these shall be provided to the local planning authority within one month of being undertaken. Should the development fail to meet its targets, corrective measures shall be agreed with the local planning authority and implemented to their satisfaction.

3. Any on site vegetation clearance shall avoid the bird breeding season (March to end of August), unless the project ecologist undertakes a checking survey immediately prior to clearance and confirms to the Local Planning Authority that no breeding birds are present.

4. No development approved by this permission shall be commenced until details of a surface water drainage scheme including explanatory statement have been approved by the Local Planning Authority. The scheme shall be implemented prior to the construction of impermeable surfaces draining to the system unless otherwise agreed in writing by the Local Planning Authority.

5. No development approved by this permission shall be commenced until it has been confirmed that the site-wide surface water attenuation system has been constructed and is operation to its design standard.

6. No development shall be occupied until details of the long term management and maintenance responsibilities for the site drainage scheme and site-wide surface water attenuation system have been agreed in writing with the Local Planning Authority.

7. Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas and hardstandings shall be passed through an oil interceptor installed in accordance with a scheme previously submitted to and approved in writing by the Local Planning Authority. Roof water shall not pass through the interceptor.

8. Before the hotel use commences, any living rooms or bedrooms with windows affected by traffic noise levels of 68 dB (A) L10 (18 hour) or more (or predicted to be affected by such levels in the next 15 years) shall be insulated in accordance with a scheme approved by the Local Planning Authority for the protection of this proposed accommodation from road traffic noise.

9. The drainage system to the restaurant premises shall be provided with a suitable grease trap so as to prevent the discharge of grease into the public sewer.

10. Details of any extract ventilation or fume extraction system, including the position of ventilation, fume or flue outlet points and the type of filtration or other fume treatment, to be installed and used in the restaurant in pursuance of this permission shall be first approved by the Local Planning Authority and installed before the pub/restaurant development hereby permitted commences and thereafter retained in full accordance with the approved details. The ventilation and extraction system shall be operated and maintained in accordance with the manufacturers recommendations including the frequency of replacement of any filters.

11. All construction operations including delivery of materials on site shall be restricted to 8.00 a.m. - 6.00 p.m on weekdays, 9.00 a.m. - 1.00 p.m. on a Saturday and no Sunday or Bank Holiday working unless otherwise agreed with the Local Planning Authority.

12. In the event that contamination is found at any time when carrying out the approved development that was not previously identified, works must be halted on that part of the site affected by the unexpected contamination and it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken to the extent specified by the Local Planning Authority prior to resumption of the works.

13. Notwithstanding the layout shown on Drawing No 2070/02/E, the layout shall be amended in accordance with a scheme to be agreed in writing with the Local Planning Authority to provide the necessary width of space for suitable landscape treatment between the hotel and pub/restaurant car parks. The development shall be implemented in accordance with the approved scheme.

14. Prior to commencement of development for each individual part of the development (the parts of the development being defined as pub/restaurant and Hotel) full details of the proposed hard landscaping shall be submitted to and approved in writing by the Local Planning Authority. This will include all external finishing materials, finished levels, and all construction details confirming materials, colours, finishes and fixings. The scheme shall be completed to the satisfaction of the Local Planning Authority according to the approved details within a period of 12 months from the date on which the particular part of the development commenced or prior to the occupation of any part of the same part of development. Any defects in materials or workmanship appearing within a period of 12 months from completion of the total development shall be made-good by the owner as soon as practicably possible.

15. Prior to the commencement of development for each individual part of the development, details of the existing and proposed levels of the site including the finished floor levels of the buildings to be erected on that part and any proposed mounding and or earth retention measures (including calculations where such features support the adopted highway) shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Attention should be given to existing vegetation and surrounding landform.

16. Notwithstanding the proposals detailed in the Design and Access Statement/ submitted plans, prior to the commencement of each individual part of development, details of the enclosure for that part of the development shall be submitted to and approved in writing by the Local Planning Authority. Such means of enclosure shall be erected before the relevant part of the development hereby approved is occupied.

17. Prior to the commencement of each individual part of the development, details of any street furniture associated with that part of the development shall be submitted to and approved in writing by the Local Planning Authority Such street furniture as agreed shall be erected before the development hereby approved is occupied.

18. Full details of the method of external illumination
a) siting,
b) Angle of alignment;
c) light colour
d) luminance
of buildings facades and external areas of the site, including parking courts, shall be submitted to and agreed in writing by the Local Planning Authority before development is commenced for each individual part of the development and the lighting shall be implemented wholly in accordance with the agreed scheme prior to occupation.

19. Prior to commencement of development for each individual part of the development (the parts of the development being defined as pub/restaurant and Hotel) full details of Soft Landscaping shall be submitted to and approved in writing by the Local Planning Authority. This will be a detailed planting plan and specification of works indicating soil depths, plant species, numbers, densities, locations inter relationship of plants, stock size and type, grass, and planting methods including construction techniques for pits in hard surfacing and root barriers. All works shall be in accordance with the approved plans. All existing or proposed utility services that may influence proposed tree planting shall be indicated on the planting plan. The scheme shall be completed unless otherwise agreed with the LPA in writing in the first planting season following:
a) commencement of the development
b) or agreed phases
c) or prior to the occupation of any part of the development
and the development shall not be brought into use until the scheme has been completed to the satisfaction of the Local Planning Authority.

20. A soft landscape management plan including long term design objectives, management responsibilities and maintenance schedules for all landscape areas/ retained vegetation, other than small privately owned domestic garden shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of the individual parts of the development.

Landscape maintenance shall be detailed for a minimum of 5 years from date of completion of the total scheme regardless of any phased development period followed by a long-term management plan for a period of 20 years. The landscape management plan shall be carried out as approved.

Any vegetation within a period of 5 years from the date of from the date of completion of the total works that is dying, damaged, diseased or in the opinion of the Local Planning Authority failing to thrive shall be replaced by the same species of a size at least equal to that of the adjacent successful planting in the next planting season unless the Local Planning Authority gives written consent to any variation.

21. The hotel or pub/restaurant hereby approved shall not be brought into use until footway extensions and an uncontrolled crossing point to the east of the roundabout has been provided in accordance with a scheme to be approved in writing with the Local Planning Authority

22. The Development shall be carried out in accordance with the Council’s Design Guide and Specification and Supplementary Planning Document 3: Car Parking in New Developments

23. Not withstanding the submitted plans, prior to commencement of each individual part of the development hereby permitted, details of a scheme for the provision of secure covered cycle storage spaces shall be submitted to for consideration and approval by the Local Planning Authority. The approved scheme shall be implemented in full in respect of the individual unit and the spaces made available for use upon occupation of each building hereby permitted and thereafter for the life of the building hereby permitted.

24. Not withstanding the submitted plans, prior to occupation of either part of the development commencing, a scheme for providing cycleway links within an external to the site shall be submitted to and approved in writing with the Local Planning Authority. The provision of the agreed links shall be implemented in accordance with the agreed scheme.

25. Notwithstanding any description of the materials in the application prior to the commencement of construction for each individual building hereby approved, precise details of the materials to be used in the construction of the external walls and roofs of the building(s) shall be approved in writing by the Local Planning Authority.

26. Before each individual part of the development commences a waste management scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme, which shall thereafter be permanently maintained, shall include details of the method and location of refuse storage, together with arrangements for refuse disposal. All refuse shall be properly contained within the approved facility and shall not be stored or deposited elsewhere unless previously agreed in writing by the Local Planning Authority.

27. Prior to commencement of each individual part of the development the Local Planning Authority shall approve in writing details of the use of renewable energy measures to generate 10% of electricity demand. The approved scheme shall be implemented and brought into use and remain in place and operated in perpetuity unless otherwise agree in writing with the Local Planning Authority.

28. No development shall take place in the areas identified on Drawing No 2070/02/E Control as “No development zone” unless otherwise agreed in writing with the Local Planning Authority.
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56/09		 09/1263/FUL
Preamble
RESOLVED that Planning Application 09/1263/FUL be deferred until correct plans were submitted showing the removal of no 40 from the application and views of Neighbourhood management Programme/Pathfinder Group be addressed in the Officer's report.
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57/09		 09/1746/ADV
Preamble
RESOLVED that temporary permission be granted for one year in relation to Planning Application 09/1746/ADV subject to the following conditions:

1. The development hereby approved shall be in accordance with the following approved plan(s); unless otherwise agreed in writing with the Local Planning Authority.

Plan Reference Number Date on Plan
SBC0002 14 July 2009
SBC0004 14 July 2009
SBC0005 14 July 2009
SBC0006 14 July 2009
SBC0008 14 July 2009
SBC0009 14 July 2009
SBC0010 14 July 2009
SBC0012 14 July 2009
SBC0013 14 July 2009
SBC0015 14 July 2009
SBC0016 14 July 2009
SBC0017 14 July 2009

2. The banner(s) hereby approved shall be removed within 7 days of the event(s) taking place.

The proposal has been considered against the policies below and it is considered that the scheme accords with these policies and there are no other material considerations that indicate a decision should be otherwise.

Stockton on Tees Local Plan policies GP1.
Planning Policy Guidance Note 19: Outdoor Advertisement Control

Landowners consent to undertake the works will also be required. Prior to the erection of the banners the following details should be submitted for approval to the Head of Technical Services.
Full details of the design of the banners
Advance notice of the erection dates;
Advance notice of removal dates;
Details of inspection regime whilst banners in situ;
Details of erection.
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58/09		 09/1235/COU
LAND EAST OF BLAKESTON LANE, NORTON, STOCKTON ON TEES
TEMPORARY CHANGE OF USE OF LAND TO HOLD CAR BOOT SALES.

Preamble
RESOLVED that Planning Application 09/1235/COU be Approved with subject to the following conditions:

1. The development hereby approved shall be in accordance with the following approved plan(s); unless otherwise agreed in writing with the Local Planning Authority.

Plan Reference Number Date on Plan
SBC003 29 June 2009
SBC004 29 June 2009

2. The permission is hereby granted from the date hereof until 30th November 2009 and relates solely to the use of the site for a car boot fair on Sundays during the period of validity operating between the hours of 1000 to 1600.

3. No live entertainment or use of amplification equipment shall be permitted from within the site unless otherwise agreed in writing by the local planning authority

4. Notwithstanding the submitted plans, within 14 days of the date of this permission full details of the segregated pedestrian walkway to be sited to along the southern boundary of the site shall be submitted to and agreed in writing with the local planning authority. The approved scheme shall be implemented immediately upon the scheme being approved and shall be implemented in full in accordance with that scheme unless the written prior agreement of the local planning authority is obtained.

The proposal has been considered against the policies below and it is considered that the scheme accords with these policies as the development is considered to be a suitable use for the site, will not have an adverse effect on neighbouring properties, or pedestrian and highway safety and there are no other material considerations which indicate a decision should be otherwise.

Stockton on Tees Local Plan
GP1 General Principles, EN4 Nature Conservation and EN11 Cleveland Community Forest
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59/09		 1. APPEAL - MR WILLIAM GATE - 706 YARM ROAD EAGLESCLIFFE - 09/0058/ADV - ALLOWED WITH CONDITIONS
2. APPEAL - MANDALE COMMERCIAL LTD - J T DOVE LTD BRIDGE ROAD STOCKTON ON TEES - 08/2580/FUL - DISMISSED
3. APPEAL - MR M UPSON - 44 LINGFIELD DRIVE EAGLESCLIFFE - 09/0008/OUT - DISMISSED APPLICATION FOR AN AWARD FOR COSTS - DISMISSED
4. APPEAL - MRS JULIE WRATTEN - LAND AT LOW LANE HIGH LEVEN - 08/3024/FUL - DISMISSED
5. APPEAL - E WARD - LEVEN CARAVAN SITE LOW LANE HIGH LEVEN - 07/0865/CPE - ALLOWED -THIS DECISION SUPERSEDES THAT ISSUED ON 31ST JANUARY 2008. THAT DECISION ON THE APPEAL WAS QUASHED BY ORDER OF THE HIGH COURT.

Preamble
RESOLVED that:

1. The appeals be noted.

2. A letter will be written to the Planning Inspector who overturned the Committee's decision in relation to 706 Yarm Road, Eaglescliffe requesting clarification of the basis on the decision made by the Inspector.
1.30 - 4.00pm

Preamble

ItemPreamble
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55/09		The application sought full planning permission for the erection of a 99 bed “Express by Holiday Inn” Hotel together with a pub /restaurant on a 1.3 hectares site located in the south-eastern part of Wynyard Business Park immediately east of the existing roundabout junction and spine road. Outline planning permission (96/2069/P) for B1, B2 and B8 uses was granted in January 1997 for the Wynyard Park site which had an overall area of 75 hectares and which included this site. A Masterplan for the site was agreed in 2004 and revised in 2007. Detailed approval for Business uses had subsequently been granted and development started with significant completions. This application formed part of the outline approval and therefore had consent for business use.

The application was a resubmission following withdrawal of an earlier very similar application so that the applicant could address concerns about the layout and traffic impact. Since then an application had been submitted on other land on the Business Park, but within Hartlepool for a new hospital.

The application was accompanied by detailed documents including Planning Support Statement, a Transport Statement, Design and Access Statements, Flood Risk Assessment, Ecological Assessment and a Ground Investigation report. It also had a statement setting out the pre-application consultations carried out with local businesses and residents.

Consultations had been carried with all the statutory bodies and no significant concerns had been raised provided recommended conditions were attached to any planning approval. However, both the Highways Agency and Hartlepool Borough Council had requested the consideration of a financial contribution from the developer towards a highway improvement scheme, which sought to mitigate against the predicted congestion and also facilitate other developments in the area including this proposal.

The request for financial contribution was noted as was the applicants concerns regarding such a contribution. In this case it was considered that, it was not justified to require a financial contribution given that the proposed development would generate less traffic than the business park consent for the site which was the fall back position of the land owner if the hotel/pub/restaurant proposal did not go ahead.

Grindon Parish Council was opposed to the development on traffic grounds and the Ward Councillor had also objected to the proposal on grounds of scale, visual impact, no proven demand for the development, sustainability and traffic safety.

Neighbours had also been consulted and residents of Wynyard (10 letters/emails from eight addresses) had raised similar concerns to the ward Councillor. They were particularly concerned about the traffic impact given existing congestion problems at peak time. Other concerns were also raised including the loss of open space, noise, impact on the character of the area and potential for anti social behaviour.

In terms of planning policy the proposal had been assessed against national, regional, strategic and local planning policies. In considering the proposal against all of these policies, it was considered there was no fundamental conflict. The main concern was that the development was a town centre use in an out of centre location. However, it was argued by the applicant and agreed that if the Wynyard Business Park was to develop to its full potential as an area identified in both the Regional Spatial Strategy and the Local Plan as a key employment location for high quality business development, it required other facilities such as a hotel with food and beverage provision as an ancillary use. The applicant had quoted a number of other business parks where these sorts of facilities had been provided. The original overarching master Plan for Wynyard also included a proposal for a hotel north of the A689.

The proposal had also been assessed for compliance with the Master Plan and Design Guide approved for Wynyard. As submitted, the scheme was not totally satisfactory albeit in a relatively minor way and failed to fully meet the high standards set for Wynyard. However, only minor changes were needed which could be secured by means of planning conditions.

The principal concern with the application was traffic and highway safety and was of particular concern with local residents. The resubmitted planning application had addressed these concerns and provided an updated Transport Statement. No objection in principle was raised either by the Head of Technical Services or by the Highways Agency. However, with the major developments going forward in the area, including the proposed new hospital, the Council and others, were seeking to develop a highway improvement scheme that would seek to mitigate against the predicted congestion and also facilitate other developments in the area.

Concerns raised about highway safety on the A689 from attempts by pedestrians to cross the road from Wynyard Village to access the pub/ restaurant and hotel could be resolved by the provision of improved footways and the provision of a crossing of the road. Again the provision could be secured by planning conditions.

In terms of design and visual impact, the building would be set in a landscape setting and would be some 250 metres from the nearest residential properties on the other side of the A689. The design of the building was appropriate to their setting in a business park.

There were no ecological concerns with the development and the sustainability of the development was agreed though conditions would be needed to reduce carbon emissions through energy conservation. The implementation of a Travel plan in conjunction with the Travel Plan for the rest of the estate would also help in this regard.

All other matters raised by residents and others had been considered, however it was considered the provision of a hotel and pub/restaurant in this location on a quality business park was acceptable.

The Agent endorsed the Officer's report.

Objectors expressed concern at the traffic increase, sustainability, need for development, the close locality of an existing motel and restaurant and that the development could only be accessed by car.

Members discussed concerns regarding the number of conditions, traffic increase, no travel plan in place prior to the development, orientation of the tower, whether the design of the development would meet the BREEAM standard, if the height of the development could be reduced and a larger footprint occupy the site and that the report stated that officers were not happy with all of the development.

Officers advised that the number of conditions were acceptable due to the limited information available.

In relation to the traffic and travel plan issues the application would produce less traffic than the previously accepted application and use of the site and was therefore considered acceptable and a travel plan was being considered as part of the considerations of future developments within the area.

Members were advised that officers had considered the orientation of the hotel and were happy with the proposal as set out in the application due to the fact that the tower would be 250 meters away from the nearest residents and would also be across a main road therefore provided ample distance to the nearest residents. The highest part of the development was the same height as an existing building so was therefore considered acceptable and it was not felt appropriate to lower the building and make a larger footprint.

The agent for the applicant advised that the design of the development would aim for an 'excellent' rating within the BREEAM standard.

A motion to refuse the application on the grounds that the orientation of the building impacted on the amenity of the neighbours was defeated.
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56/09		Planning permission was sought for the conversion of a three-storey office building into 9 apartments and the erection of a three-storey extension to the rear. The development included 10 parking spaces and shared an access with 40 Yarm Road.

The application originally included an extension to the existing hostel, which had been removed from the scheme and did not form part of this application.

To date a total of 58 letters of objection had been received, however the main objections related to development at the hostel (40 Yarm Road).

No objections had been received to the revised plans, which specifically related to the 9 apartments.

The proposed development was considered to be acceptable and would not have an adverse impact on the privacy or amenity of neighbouring properties and adequate parking was provided to the satisfaction of the Head of Technical Services.

An objector raised concerns regarding Environmental, Social and Economic issues.

Members were concerned at the loss of trees and bushes and the existing traffic and parking problem on Yarm Road.

It was also observed that the state of the existing building was very poor and that something had to be done.

Members also advised that they found the report confusing and it showed wrong plans and plan reference numbers. Members observed that that application had expired so moved for deferment to enable the officer to address the problems.

Members requested comment from the Pathfinder Group to be included in the next report.
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57/09		Permission was sought for advertisement consent for the display of four banner signs to advertise various Council events. The banner would change according to the event but the size would remain the same.

To date there had been no objections from neighbouring residents or Ward Councillors.

It was considered that the location of the banners was the most suitable location to advertise the various Council events without having an adverse impact upon visual amenity and public safety and did not conflict with policies within the development plan or Planning Policy Guidance note 19: Outdoor Advertisement Control.

The application had been submitted by the Local Authority and therefore, under the scheme of delegation, was to be determined by Planning Committee.

An objector advised that he had erected the banners for the Council for the last three years at no cost to the Council; however the Council now prevented him from erecting the banners. The banners would now be erected by Council work men who were covered under the Council's indemnity insurance and had received health and safety training. The objector produced an estimated cost for the erection of future banners and expressed his concern at the waste of tax payer's money when he had done it for free.

Members discussed the matter of the Council's liability; however the Legal Officer advised that Planning Committee could not make decisions on who erected the banners as it was not within the remit of Planning Committee. The matter for consideration was advertising consent.

Members observed that Planning Committee had already approved applications for the erection of other banners within the Borough and this application was for another three.

Members requested that the planning approval be given on a one year temporary basis to enable to Committee to keep a close check on the amount of banners erected and the amount of time they remained in place. The proposal was moved by Councillor Mrs Beaumont and seconded by Councillor Mrs Rigg.
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58/09		Temporary planning permission was sought for use of land East of Blakeston Lane as a Car Boot Sale on Sundays.

To date a total of 19 letters of objection had been received with the main objections relating to the level of traffic generated and highway safety. 28 letters of support had been received.

The proposed development was considered to be acceptable and would not have an adverse impact on the privacy or amenity of neighbouring properties and adequate parking was provided to the satisfaction of the Head of Technical Services.

The applicant and supporters spoke in favour of the application stating that the application was for temporary planning permission, the car boot sale was used by local, regular people. It was pollution free recycling, good for the economy, did not have an adverse effect on traffic, well run, enabled people to purchase items at affordable prices was in a good location and provided job experience as there were part time marshals.

An objector spoke on behalf of residents stating that the traffic, noise and car fumes were a problem which would get worse when people returned from their summer holidays.

Members discussed the application and queried the timescale for condition four and were advised that it would be with immediate effect.

The Legal Officer advised that the condition could be reworded to state that it would be implemented immediately once details had been agreed.
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59/09		Members discussed the appeal decisions which were overturned by the Planning Inspector:-

-Mr William Gate - 706 Yarm Road, Eaglescliffe

Officers were surprised that the inspector had approved the appeal. It was assumed that it had been due to the Governments views that businesses should be supported in the current economic climate.

Members requested that a letter be written to the Inspector requesting clarification on the reason's for their decision.

-E Ward - Leven Caravan Site Low Lane High Leven

The Legal Officer informed the Committee that in her opinion the Inspector had misinterpreted the law. The Inspector had concluded that because the caravan site had been granted planning permission in 1961 that permission could not be abandoned. Case law had been provided to the Inspector in the original appeal to contradict that view and Stockton-on-Tees Borough Council had received Counsel's opinion that a use which benefited from planning permission could be abandoned. Stockton-on-Tees Borough Council were seeking Counsel's opinion on the merits of appealing against the Inspectors decision.

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