To receive apologies for absence

At the start of the meeting, Chairman Councillor Terry Glastonbury, said that it was with regret that he had to announce that Councillor Frank Beard had sadly passed away the previous week. Speaking on behalf of the Development Control Committee, the Chairman conveyed his condolences to Councillor Beard’s family and friends. He said that Councillor Beard had been a town, district and county councillor for many years and a popular and well-known member of the community. Councillor Beard was also Chairman of the Council and the First Mayor of Cinderford. Formal tributes will be made to Councillor Beard at the council meeting in October.

Apologies were received from Vice Chairman, Councillor James Bevan and from Councillors Jane Horne, Lynn Sterry and Gabriella Kirkpatrick.  The Chairman announced that Councillor Brian Edwards would substitute for Councillor Bevan, Councillor Brian Jones for Councillor Horne and Councillor Di Martin for Councillor Sterry. Despite the sad circumstances surrounding the decision, the Chairman welcomed Councillor Graham Morgan to the meeting as a permanent member of the committee.

To confirm the non-exempt minutes of the meeting held on 9 August 2011

The non-exempt minutes of the Development Control Committee meeting held on 9 August 2011 were confirmed as an accurate record of the meeting.

The chairman to identify any items of urgent business

The Chairman announced that he had one item of urgent business for the committee to consider at the meeting. He said that the item related to an additional enforcement report and would be considered as exempt business under item 9.4 of the agenda. The item was considered as an item of urgent business to consider taking enforcement action and issuing a stop notice before expiry of the temporary stop notice on 30 September 2011. (Members had been given an opportunity to study the report immediately prior to the meeting).

To receive any declarations of interest in any matter to be discussed at the meeting.  Members and officers are requested to identify the nature of the interest and indicate whether it is personal or prejudicial.

The following declarations of interest were made at the meeting: -

Chairman, Councillor Terry Glastonbury, declared a prejudicial interest in item 5.4 of the agenda, P0886/11/FUL Bream Court Farm, Coleford Road, Bream. Councillor Glastonbury informed members that he was renting a business unit at the site and that the applicant was a close family relative. Councillor Glastonbury said that he intended to leave the meeting for consideration of this item and that in the absence of Vice Chairman, Councillor James Bevan, would nominate Councillor Roger Yeates to chair the meeting for this item. No other nominations were received and it was agreed that Councillor Yeates would administer the meeting for item 5.4 of the agenda.

Councillor Paul McMahon declared a personal interest in item 5.5 of the agenda, P1033/11/FUL Cleeve Mill Business Park, Cleeve Mill Lane, Newent as an Officer of the Ramblers Association. (Councillor McMahon informed the committee that this organisation was now known as the Ramblers).

Later in the meeting, Councillor Di Martin declared a prejudicial interest in item 5.5 of the agenda, P1033/11/FUL Cleeve Mill Business Park, Cleeve Mill Lane, Newent as a Board Member of the Two Rivers Housing Association. Councillor Martin left the meeting for consideration of this item and did not vote on the application.

To consider the schedule of applications as prepared by the Group Manager for Planning and Housing.

Chairman, Councillor Terry Glastonbury, referred to the schedule of applications, as prepared by the Group Manager for Planning and Housing under the Town and Country Planning Act 1990, and to the late material circulated prior to the meeting. (Late material refers to information submitted to the council following publication of the agenda). The Chairman announced that there were no public speakers at this meeting and that the applications would be considered in the order of the schedule. The Chairman reminded the committee to keep their comments relevant to the debate and, where possible, to avoid repeating any previous observations.

Approval of reserved matters for the erection of a detached dwelling

Approval of reserved matters for the erection of a detached dwelling

Please refer to the late material circulated prior to the meeting

Principal Planning Officer, Emma Norgate, said that this application had been considered at the planning committee meeting on 9 August 2011, where committee members had resolved to grant planning permission subject to delegating authority to the Group Manager for Planning and Housing, Peter Williams, to formulate appropriate conditions and to re-consulting with the Environment Agency following their objections to the previous proposal due to flood risk concerns. The planning officer confirmed that, since that meeting, a letter had been sent to the Environment Agency seeking further comments, the detailed responses to which had been included in the late material. Although, mindful of the comments from the committee meeting in August 2011, the planning officer confirmed that the recommendation remained one of refusal.

Committee consideration

Ward member, Councillor Norman Stephens, agreed that some of the comments from the Environment Agency made sense, particularly those relating to floor levels and the suggestion that any future residents sign up to the Environment Agency Flood Alert Service. Nevertheless, Councillor Stephens reiterated that there was no evidence of flooding at the site, and on this basis, proposed that the application be granted permission.

Vote

Councillor Norman Stephens proposed and Councillor David Thomson seconded that the application be granted consent, subject to appropriate conditions. He said the reasons for this proposal were based on those that had been suggested at the meeting on 9 August 2011, including; i) the development of the site was already agreed in outline; ii) a permanent dwelling at the site would be an improvement to the appearance of the local area, iii) the site was sufficiently protected from flooding by existing defences and, iv) there had been no increase in flood risk since the application for outline approval had been granted. Councillor Stephens suggested that delegated authority be given to the Group Manager for Planning and Housing to formulate appropriate conditions and this was agreed. A recorded vote was taken and members,  

RESOLVED to grant planning permission, with delegated authority to the Group Manager for Planning and Housing to suggest appropriate conditions.

For (14)

Councillors Gethyn Davies, Brian Edwards, Frankie Evans, Terry Glastonbury, Julia Gooch, Val Hobman, Brian Jones, Di Martin, Paul McMahon, Graham Morgan, Norman Stephens, Arthur Thomas, David Thomson and Roger Yeates

Against (0)

Abstentions (0)

Outline application for category 2 sheltered housing comprising, 32 new build apartments with residents lounge, refuse and cycles store, parking and revised access from Stars Pitch. (Resubmission)

Outline application for category 2 sheltered housing comprising, 32 new build apartments with residents lounge, refuse and cycles store, parking and revised access from Stars Pitch. (Resubmission)

Please refer to the late material circulated prior to the meeting

Principal Planning Officer, Emma Norgate, said that this application and the application at item 5.3 of the agenda were inherently linked and that it would be beneficial to consider both at the same time.   The planning officer outlined the proposals in detail and said that the additional comments received from the applicant since publication of the agenda had been referred to the District Valuer for consideration. She said that, whilst the applicant and English Heritage could accept some of the positions that had been presented by the other party, there still remained several differences to resolve. Referring to the late material, the planning officer concluded that, given the outstanding issues regarding the impact of the proposed development on the conservation area, listed buildings and existing residents due to the size and scale of the development, the recommendation remained one of refusal.

Committee consideration

Local member, Councillor Ian Whitburn, reiterated the parish council’s concerns about limited parking at the site and said that, with only 16 spaces, parking would almost certainly become a problem.  Responding to questions about the provision of parking spaces, Jamie Mattock, from Gloucestershire County Highways, informed members that the level of parking proposed was in fact above the maximum standard requirement of 0.53 parking spaces per dwelling. Dismayed by this calculation, Councillor Norman Stephens said that the guidelines were impractical and should be looked at.

Other members expressed concern about the impact of the development on the street scene and said that it would be a significant loss to develop such an historic building. Councillor Brian Edwards expressed concern about the narrowing of the road and proximity to adjacent properties and said that the visual display for the proposals had presented a much wider perspective of the front aspect of the development. Councillor Graham Morgan recalled work that had taken place during recent years to open out the street scene and to enhance the character of the village. He said that the development of such an historic building in this prominent location would be like taking a step backwards.

Responding to questions from Councillor David Thomson about why members were being asked to consider objections at the outline stage of the application, Group Manager for Planning and Housing, Peter Williams said that the council had no objections to the principle of the development and that the council’s viewpoint was, in fact, different to that of English Heritage in terms of the loss of the existing building on site. However, following changes to legislation in 2009, (requiring applicants to set out parameters for the proposed development at the outline stage of the application), it was necessary to consider such information. In this case, concerns about the size of the development and whether such parameters were appropriate for the location, were  ...  view the full minutes text for item 5.2

Conversion of existing outbuildings into 3 cottages as part of redevelopment of the whole site for category II sheltered accommodation

Conversion of existing outbuildings into 3 cottages as part of redevelopment of the whole site for category II sheltered accommodation

This application was introduced together with the previous application. Principal Planning Officer, Emma Norgate, informed members that, as there was no late material relating to this item and no further information to consider, the recommendation was one of refusal.

Councillor Norman Stephens moved the recommendation to refuse the application and Councillor Di Martin seconded the motion. A recorded vote was taken and members,

RESOLVED to refuse planning permission for the reasons detailed in the schedule of applications

For (14)

Councillors Gethyn Davies, Brian Edwards, Frankie Evans, Terry Glastonbury, Julia Gooch, Val Hobman, Brian Jones, Di Martin, Paul McMahon, Graham Morgan, Norman Stephens, Arthur Thomas, David Thomson and Roger Yeates

Against (0)

Abstentions (0)

Erection of barn/store replacing existing (Retrospective)

Erection of barn/store replacing existing (Retrospective)

Please refer to the late material circulated prior to the meeting

Having declared a prejudicial interest earlier in the meeting, Chairman Councillor Terry Glastonbury, left the council chamber for consideration of this application and Councillor Roger Yeates took over the administration of the item.

Principal Planning Officer, Tony Pope, referred to the late material that had been circulated at the start of the meeting and said that the additional comments from the applicant had not addressed the concerns relating to the proposed use of the building. The recommendation remained, therefore, one of refusal.

Vote

Councillor Di Martin moved the recommendation and said that, at the recent site visit, she had found the site to be rather a strange location for a storage barn. Councillor Paul McMahon seconded the motion. A recorded vote was taken and members,

RESOLVED to refuse planning permission for the reasons detailed in the schedule of applications.

For (13)

Councillors Gethyn Davies, Brian Edwards, Frankie Evans, Julia Gooch, Val Hobman, Brian Jones, Di Martin, Paul McMahon, Graham Morgan, Norman Stephens, Arthur Thomas, David Thomson and Roger Yeates

Against (0)  

Abstentions (0)

Erection of office headquarters with landscaped areas, parking and associated infrastructure

Erection of office headquarters with landscaped areas, parking and associated infrastructure

Please refer to the late material circulated prior to the meeting

Having declared a prejudicial interest earlier in the meeting, Councillor Di Martin left the council chamber for consideration of this application.

Principal Planning Officer, Tony Pope, referred to the late material that had been circulated at the start of the meeting and informed members that this application related to the erection of office headquarters. A second application for the site, (relating to extra care units), and one which members had visited at the same time as this proposal, was invalid. Accordingly, officers were not in a position to report on the second application.

Committee consideration

Although unopposed to the application and optimistic that the development might create more jobs for the area, local member, Councillor Roger Yeates, said he was extremely concerned about the proximity of the site to the nearby sewage treatment plant. Councillor David Thomson elaborated on the enormity of the problem, (created by unpleasant odours from the sewage works), and said that, on occasions, the terrible stench from the plant extended to outlying areas. Several other members also expressed concern about the problem and said that the situation was unacceptable.

Councillor Julia Gooch said that, having contacted Severn Trent Water (STW) about the problem, she had been informed all sewage works were prone to dispersing smells and that it was not advisable to build within 450 to 500 metres of the plant. Furthermore, the sewage works was regulated by OFWAT and there were no plans to upgrade this particular plant now, or in the future. 

In response, Group Manager for Planning and Housing, Peter Williams advised the committee that it would be unwise for members to defer the decision based on concerns about the smell from the sewage works, especially when such concerns did not relate to whether or not the proposed development was considered acceptable. He further advised that the formal response from Severn Trent Water, (following consultation on the application), was no objection, subject to conditions relating to satisfactory foul and surface water drainage and not odour. He said that, should the committee choose to defer the decision, it would be necessary for members to give clear direction on what additional information it wanted officers to seek.  

Vote

Councillor Norman Stephens proposed that the decision be deferred for the council to contact Severn Trent Water and to establish whether or not they were aware of the extent of the odours, whether the operation at the Newent Sewage Treatment Plant was normal practise and if the level of the smell from the plant was considered acceptable. He also suggested that the planning authority seek clarification on the recommended distances between treatment plants and proposed developments. A recorded vote was taken and members,

RESOLVED todefer consideration of the application for the council to contact Severn Trent Water and address concerns relating to the Newent Sewage Treatment Plant

For (11)

Councillors Gethyn Davies, Brian Edwards,  ...  view the full minutes text for item 5.5

Demolition of existing scout hut and construction of a GP Surgery (Retrospective)

Demolition of existing scout hut and construction of a GP Surgery (Retrospective)

Please refer to the late material circulated prior to the meeting

Development Control Manager, Clive Reynolds, said that at the meeting in August, the committee had resolved to approve the application, contrary to the advice of the Environment Agency. Following further consultation with the Environment Agency, (regarding their objections to the scheme in relation to flood risk), the Development Control Manager referred members to the late material and summarised the responses. He said that, whilst the Environment Agency maintained their objections, they had also suggested a number of conditions should members reaffirm their decision to approve the development. Planning officers believed the original recommendation and conditions were sufficient and as such, the recommendation remained one of permission as per the schedule.

Vote

Councillor Norman Stephens moved the recommendation and Councillor Roger Yeates seconded the proposal.

RESOLVED to grant planning permission subject to the conditions detailed in the schedule of applications and to information included in the late material.

For (14)

Councillors Gethyn Davies, Brian Edwards, Frankie Evans, Terry Glastonbury, Julia Gooch, Val Hobman, Brian Jones, Di Martin, Paul McMahon, Graham Morgan, Norman Stephens, Arthur Thomas, David Thomson and Roger Yeates

Against (0)

Abstentions (0)

Conversion of two barns to create two dwellings

Please refer to the late material circulated prior to the meeting

Principal Planning Officer, Tony Pope, referred to the information included in the late material. He said that, although the applicant had addressed concerns relating to the accuracy of the plans, he had not provided additional information regarding the requested protected species mitigation strategy. He said the decision therefore remained one of approval, with delegated authority to the Group Manager for Planning and Housing to issue the decision, subject to the receipt of a satisfactory mitigation strategy

Committee consideration

Ward member, Councillor Thomas, said that the only obstacle standing in the way of the application was the ecological protected species survey. Councillor Thomas confirmed that the applicant was aware of this requirement.

Vote

Councillor Arthur Thomas moved the recommendation and Councillor Di Martin seconded the motion. A recorded vote was taken and members,

RESOLVED to approve planning permission as detailed in the schedule of applications and subject to the information included in the late material. Delegated authority to be given to the Group Manager for Planning and Housing to issue the decision, subject to the receipt of a satisfactory protected species mitigation strategy.

For (14)

Councillors Gethyn Davies, Brian Edwards, Frankie Evans, Terry Glastonbury, Julia Gooch, Val Hobman, Brian Jones, Di Martin, Paul McMahon, Graham Morgan, Norman Stephens, Arthur Thomas, David Thomson and Roger Yeates

Against (0)

Abstentions (0)

Erection of new livestock building with solar photovoltaic panels on south facing roof pitch and installation of solar photovoltaic panels on existing building. Total solar generation 50 kWp

Erection of new livestock building with solar photovoltaic panels on south facing roof pitch and installation of solar photovoltaic panels on existing building. Total solar generation 50 kWp

Please refer to the late material circulated prior to the meeting

Development Control Manager, Clive Reynolds, recalled the recent visit to the site and drew member’s attention to the late material. Referring to the submission of an ecological assessment and the consultation response of the Sustainability Team and Gloucestershire County Highways, the Development Control Manager said that the applicant no longer intended to replace the hedge he was required to remove. He said that, although his decision was regrettable, the recommendation remained one of permission as per the schedule.

Committee consideration

Councillor Norman Stephens said it was regrettable the proposed hedgerow would not be replaced and questioned the extent of the council’s involvement in such matters. He said that the applicant had been willing to replant a 40-metre hedge at the site but had considered the hedgerow specification stipulated in the council’s guidance too onerous a requirement for such a short length of hedge.

Vote

Councillor Terry Glastonbury moved the recommendation and Councillor Roger Yeates seconded the motion. A recorded vote was taken and members,

RESOLVED to grant planning permission, subject to the conditions detailed in the schedule of applications and to the information included in the late material.

For (13)

Councillors Gethyn Davies, Brian Edwards, Frankie Evans, Terry Glastonbury, Julia Gooch, Val Hobman, Brian Jones, Di Martin, Paul McMahon, Graham Morgan, Arthur Thomas, David Thomson and Roger Yeates

Against (0)

Abstentions (0)

a)     To confirm that the next sites’ inspection panel will be held on Tuesday 20 September 2011

b)     To consider any new applications put forward by members or by the Group Manager for Planning and Housing. These sites will be in addition to any sites that might be identified during the meeting.

RESOLVED that the next sites inspection panel be held on Tuesday 20 September 2011, and that the following sites be added to the itinerary for that day: -  

A report from the Principal Planning Officer regarding the performance of the planning team in relation to appeal notices and decisions for the period January to July 2011

Development Control Manager, Clive Reynolds, presented report PH.80, detailing the performance of the planning team in relation to appeal notices and decisions. The report included information on appeals lodged and decisions made during 2011.

           The Development Control Manager confirmed that the number of appeals lodged was slightly down on last year and probably a reflection on the downturn in planning applications and the reduction in the numbers of refusals. He said that the success rate on appeals was good and only slightly below target and that the number of appeals dismissed to date had resulted in a 69 per cent success rate, which was slightly below the service plan target of 70 per cent.

            Notable decisions included, dismissal of an appeal relating to a residential development outside the settlement boundary at Joyford and two appeals relating to conditions that had been imposed by a previous planning inspector for the Southend Land Gypsy Site. The Development Control Manager said that a new planning inspector had upheld the council’s decision regarding conditions relating to the tarmacking of the site and had agreed to impose a tighter compliance period for implementing the agreed details. The report was noted.

To consider, and if so agree, to resolve, that under section 100A of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in schedule 12A of the said act, and that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Resolved that under section 100A of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in schedule 12A of the said act, and that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

To consider the schedule of enforcement action as prepared by the Group Manager for Planning and Housing.

Copies of a schedule of enforcement had been circulated with the agenda, together with an outline of the additional representations received. The decisions are recorded in order of the schedule.

Development Control Manager, Clive Reynolds, presented enforcement report 9.1

Development Control Manager, Clive Reynolds, presented enforcement report 9.2

Development Control Manager, Clive Reynolds, presented enforcement report 9.3

Development Control Manager, Clive Reynolds, presented enforcement report 9.4

11 October 2011

11 October 2011