Agenda item

Report of Cabinet Member for Planning and Building Control, Councillor Mike Collins

The Cabinet Member for Planning and Building Control apologised for this late addition to the agenda, saying it is largely a procedural and technical issue but Council approval is required today.  He explained that to avoid any risk of confusion or ambiguity around management of the M5 Junction 10 works, Cheltenham and Tewkesbury Borough Councils are delegating planning authority to Gloucestershire County Council, the most logical way forward as GCC is the highways authority.

A Member recalled that the JCS Planning Inspector had specifically stated that no large construction vehicles should use local roads in Swindon Village, St Peter’s and St Paul’s during development, and asked who will be responsible for monitoring and enforcing this for J10 and associated works.  The Cabinet Member for Planning and Building Control said any planning application will include conditions covering construction vehicles and transport plans, and although enforcement will be the responsibility of the county council, CBC will need to work in partnership with them and the highways authority to make sure it is happening.  

In response to another Member’s question, the Director of Planning confirmed that the Secretary of State had referred to the ‘relevant planning authority’ taking responsibility for the DCO, but for J10, three different councils are involved.  The county council, as the local highways authority, has the skills and expertise to manage the project, and the recommendations being voted on today ensure absolute clarity on that point.

Further to the earlier Member’s question, she added that although the county will be the designated planning authority, CBC will be a statutory consultee and retain the opportunity to engage in the planning process.  There will be an agreement outside the decision today which can be quite specific and explicit about what responsibilities and engagement looks like – this can be taken off line with the county.  With regard to the Planning Inspector’s comments about the JCS, she said any applications outside the M5 Junction 10 development, such as Elms Park, still sit with the district council. As today’s decision is only concerned with removing ambiguity about the designated planning authority for the Junction 10 DCO, it was agreed to take further discussion of this issue off line.

In response to a Member’s question about whether the county has sufficient resources and ability to enforce the conditions of the DCO, and whether this will transition to a future unitary authority without further work, the Cabinet Member for Planning and Building Control was unable to give a definitive response, saying the county council would be responsible. 

In debate, a Member welcomed the recommendation, and was keen for work to start. Another Member agreed, and suggested that had the UK still been part of the EU, the regional development fund would have been used to finance this, and more affordable and social housing would have been built in the process.

A Member commented that we need to make sure that if there are any infractions or perceived infractions, GCC will take enforcement action commensurate to the allegations, investigate and take action as needed.

RESOLVED THAT:

1.    the updates in this report relating to the Development Consent Order for the M5 Junction 10 Improvements Scheme are noted.

2.    the delegation of planning powers to Gloucestershire County Council under Section 101 of the Local Government Act 1972 and Section 9D of the Local Government Act 2000 to act as designated county planning authority responsible for deciding on the Requirements contained in Parts 1 and 2 of Schedule 2 of the Development Consent Order (see appendix 3 - Schedule of Requirements Register) is approved.

3.    The Director of Planning and Building Control, in consultation with the Monitoring Officer, is authorised to finalise and enter into a formal delegation agreement with Gloucestershire County Council, setting out the arrangements and coordination between the Joint Councils (Cheltenham and Tewkesbury Borough Councils) regarding the discharge of the Requirements contained in Parts 1 and 2 of Schedule 2 of the Development Consent Order.

4.    The arrangement will be reviewed annually by the Director Planning and Building Control (Cheltenham Borough Council) and Director of Growth (Tewkesbury Borough Council) and Assistant Director: Planning and Economic Development (Gloucestershire County Council) to ensure effectiveness and continued alignment with strategic planning and land management objectives.  Should any necessary adjustments be necessary these will be agreed with the Councils’ Monitoring Officer and the Cabinet Member for Planning and Building Control.