To receive any questions, statements or petitions from the public of which members of the public have given notice.  Deadline for notification for this meeting is 2pm on Tuesday 10^th July 2018.

Mr Steven Mulloy submitted the following questions and the written responses were tabled at the meeting.

Question:  On the 18th December 2017, the British Ironworks Centre (BIC) at Oswestry were invited by Shropshire Council to withdraw their retrospective planning application (16/04624/FUL), which amongst other things, sought to address the road safety at the junction of their business with the A5.

A 2009 planning application had a Condition (No13) that said:

This Condition No13 was never complied with, and as some members will know, the activities at the BIC have grown exponentially since 2009....without any safety improvements to the junction with the A5.
 

The 18th December 2017 letter from the case officer (copy attached) 'inviting' the withdrawal of the planning application said:

"Enforcement action  

The Council has the option to take enforcement action against the current breaches of planning control. National policy states that effective enforcement is important as a means of maintaining public confidence in the planning system. Considering the breaches on this site that have occurred, the Council is particularly concerned at the potential highway safety impacts arising from the intensification of a former farm into a tourist facility and the current substandard access/ exit. 

However, I do not think it expedient to take enforcement action now for two reasons.  First, I have given some weight to the fact that you operate a business here with some employment that appears popular and, second, the Council assumes that peak visitor season to the sculpture park is the summer.  Thus there is theoretically sufficient time to assess a fresh application and approve appropriate traffic management measures before next summer.

Next steps I am asking that you withdraw your current application and submit a new one.  I propose that we set a deadline for 30 March 2018......The Council is likely to take enforcement action if you do not comply with this requirement. "

It is now the middle of July, and as yet, there is no publicly available planning application for the BIC, and even if there was, the officer's letter does not recognise the amount of time it would take to consider the application and implement appropriate traffic safety management measures, which will certainly not be in place this summer.

The breach of planning Condition was brought to officers’ attention in 2015, and here we are, 3 years later, and still no improvement to the BIC junction with the A5. The Council has the power to resolve this matter now:

Under current legislation, the Road Traffic Regulation Act 1984 (RTRA 1984), authorities can make permanent TROs for one or more of the following purposes:

a.     for avoiding danger to persons or other traffic using the road or any other road or for preventing the likelihood of such danger arising.....

Or, the Council could take enforcement action as they threatened if an application was not received by 30th March 2018......which it wasn't.

As there seems to be more regard for the BIC than public safety, can I ask that this committee makes enquiries as to why there has been so much leniency showed to the BIC in their apparent complete disregard for the safety of the users of the A5, and to consider what the position might be if there were to be a fatality at the junction of the BIC with the A5?

Response: Officers have confirmed that a retrospective and reduced planning application has been submitted seeking to regularise the development that has taken place without permission and is currently being validated. Once validated all relevant consultees including Highways England will be consulted and their views will inform the officer recommendation and decision regarding the suitability of the access as proposed.