Councillor D M Elderton declared a prejudicial interest in application APP/1000214 by virtue of having previously expressed concern over this development in the public domain and also that the Director of Corporate Services has ‘written in support of the application’.  As Cabinet member for Culture, Tourism and Leisure (recently appointed) Councillor Elderton believed that this role could be in conflict with his role as a member of the Planning Committee.

The Director of Technical Services submitted the above application for consideration.

It was moved by Councillor Keeley and seconded by Councillor Hayes:-

“That the application be refused as the development is inappropriate and in contravention to GB2 and further that the applicant has not demonstrated special circumstances.”

The motion was put and lost (5:6)

It was moved by Councillor Mitchell and seconded by Councillor Kelly:-

“That the application be approved subject to the following conditions:-

1  This permission shall be for a limited period of 5 years only expiring on 1 May, 2015 when (unless a further application has been submitted to and approved by the Local Planning Authority) use hereby approved shall be discontinued and the marquee and/or works hereby approved shall be removed and the land reinstated in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority.

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2  Within one month of the permission hereby granted, details of a boundary hedge to be planted along the south and south-western perimeters of the site shall be submitted to and approved in writing by the local planning authority.  Such details shall include the precise location and species to be used in the hedgerow and the scheme shall be implemented and maintained in accordance with a timescale to be approved in writing with the local planning authority.

3  Before development commences, full details (including material and colour) of the drapes to be used for dressing the external elevations of the proposed marquee shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details and retained as such thereafter.

4  The marquee hereby approved shall not be open to customers or visitors or used for events outside the hours of 0800 and 0030.

5  No live music, amplified music or live entertainment shall take place within the marquee between the hours 0000 (midnight) and 0930

6  Notwithstanding the details shown in drawing number 1640-104, the bridge link shall be implemented in accordance with the detail shown in drawing number 1640-105 ‘Alternative Link Treatment’, submitted 16th April 2010.

7  Prior to the commencement of development, a scheme of noise insulation to the proposed marquee shall be submitted to and approved in writing by the Local Authority. The development shall be implemented in accordance with the approved scheme, and retained as such for the duration of the permission.

The motion was put and carried (6:5) (by virtue of the Chair’s casting vote)

Resolved – (6:5) (by virtue of the Chair’s casting vote) - That the application be approved subject to the following conditions and subject to a Section 106 Agreement:

1  This permission shall be for a limited period of 5 years only expiring on 1 May, 2015 when (unless a further application has been submitted to and approved by the Local Planning Authority) use hereby approved shall be discontinued and the marquee and/or works hereby approved shall be removed and the land reinstated in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority.

2  Within one month of the permission hereby granted, details of a boundary hedge to be planted along the south and south-western perimeters of the site shall be submitted to and approved in writing by the local planning authority.  Such details shall include the precise location and species to be used in the hedgerow and the scheme shall be implemented and maintained in accordance with a timescale to be approved in writing with the local planning authority.

3  Before development commences, full details (including material and colour) of the drapes to be used for dressing the external elevations of the proposed marquee shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details and retained as such thereafter.

4  The marquee hereby approved shall not be open to customers or visitors or used for events outside the hours of 0800 and 0030.

5  No live music, amplified music or live entertainment shall take place within the marquee between the hours 0000 (midnight) and 0930

6  Notwithstanding the details shown in drawing number 1640-104, the bridge link shall be implemented in accordance with the detail shown in drawing number 1640-105 ‘Alternative Link Treatment’, submitted 16th April 2010.

7  Prior to the commencement of development, a scheme of noise insulation to the proposed marquee shall be submitted to and approved in writing by the Local Authority. The development shall be implemented in accordance with the approved scheme, and retained as such for the duration of the permission.