To receive apologies for absence

Apologies were received from Councillor Frankie Evans, (substituted by Councillor Judy Davis), and from Councillor Jane Horne, (for which there was no substitution at this meeting). Apologies were also received from Group Manager for Planning and Housing, Peter Williams.

To confirm the non-exempt minutes of the planning committee meeting held on 10 July 2012 (minutes attached)

The minutes of the meeting held on Tuesday 10 July 2012 were agreed as an accurate record of that meeting.

The chairman to identify any items of urgent business

No urgent business was considered at this 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.

Councillor Roger Yeates declared a pecuniary interest in item 5.5 of the agenda, P0820/12/OUT Sunray, Burrups Lane, Gorsley. Councillor Yeates informed the committee of a commercial arrangement with the applicant and agreed to leave the meeting for consideration of this item.

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 planning applications, as prepared by the Group Manager for Planning and Housing, Peter Williams under the Town and Country Planning Act 1990, and to the late material (attached) that had been circulated prior to the start of the meeting.

The Chairman said that several members of the public would be speaking on items 2, 5, 6 and 7 of the schedule of applications. (The applications are recorded in the order of the agenda).

Application to extend the time limit to planning permission P0604/08/COU.  Conversion and extension to former public house (Railway Tavern) to create 10 apartments with associated works (revised scheme). Erection of a carport to create a bat loft

Application to extend the time limit to planning permission P0604/08/COU.  Conversion and extension to former public house (Railway Tavern) to create 10 apartments with associated works (revised scheme). Erection of a carport to create a bat loft

Development Manager, Clive Reynolds, informed members that this application had been considered at a previous meeting, where the committee had given delegated authority to approve the conversion of the former public house into ten apartments. He said that, as part of that resolution, and in response to ecology matters, a requirement had been introduced to provide a home for any bats at the site. In response to the requirement, a carport had been added to the scheme, for which it would be necessary to seek the committees’ approval to grant planning permission.

Vote

Local member, Councillor Lynn Sterry, said that she was very pleased about the progress that had been made with the development and was happy to move the recommendation to grant permission. Councillor Graham Morgan seconded the motion. A recorded vote was taken and members,

RESOLVED to grant planning permission subject to the conditions referred to in the schedule of applications

For (13)

Councillors James Bevan, Philip Burford, Gethyn Davies, Judy Davis, Terry Glastonbury, Val Hobman, Gabriella Kirkpatrick, Graham Morgan, Norman Stephens, Lynn Sterry, Arthur Thomas, David Thompson and Roger Yeates

Against (0)

Abstentions (0)

Outline application for the erection of a care/nursing home and a dental surgery. (Renewing Consent)

Outline application for the erection of a care/nursing home and a dental surgery. (Renewing Consent)

Please refer to the late material that was circulated before the start of the meeting

Principal Planning Officer, Tony Pope, referred members to the late material and confirmed that the recommendation was one of delegated permission, as detailed on page 39 of the schedule of applications.

Committee consideration

Responding to a question from Councillor Roger Yeates, Assistant Solicitor, Claire Childs, said that she was not aware of any legal proceedings relating to drainage issues at this site. Elaborating on this response, she said that, although there had been a suggestion of possible legal action, to her knowledge, nothing had been submitted at the time of the meeting.

Vote

Councillor Terry Glastonbury moved the recommendation to grant delegated permission and Councillor Philip Burford seconded the recommendation. A recorded vote was taken and members,

RESOLVED to authorise the Group Manager for Planning and Housing to grant planning permission, subject to the satisfactory completion of an acceptable ecology and protected species appraisal and to the revised conditions referred to in the late material. If these matters are not addressed before 28 August 2012, the Group Manager for Planning and Housing authorised to refuse the application.

For (14)

Councillors James Bevan, Philip Burford, Gethyn Davies, Judy Davis, Terry Glastonbury, Val Hobman, Gabriella Kirkpatrick, Paul McMahon, Graham Morgan, Norman Stephens, Lynn Sterry, Arthur Thomas, David Thompson and Roger Yeates

Against (0)

Abstentions (0)

Change of use from D1 (Non-Residential Institution) to C3 (Dwelling House).  Demolition of single storey extensions, erection of two storey side extension and detached garage

Change of use from D1 (Non-Residential Institution) to C3 (Dwelling House).  Demolition of single storey extensions, erection of two storey side extension and detached garage

Please refer to the late material that was circulated before the start of the meeting

Development Manager, Clive Reynolds, recalled the recent visit to the site in July. He said that, since this visit, the application had been subject to several amendments to the design and to the detailing of the extension following issues that had been raised by the council’s conservation advisor. Referring members to the late material, the Development Manager said that the scheme would result in the conversion and extension of the listed building at the site and that the proposal was considered to be an effective way of securing the long-term future of the building. (He informed members that the corresponding listed building application would be considered as the next item on the agenda).

The Development Manager informed members that the officer’s report identified two outstanding issues, the first relating to highway safety and the second to ecology. He said that the highway safety issue had been amended so that access could be retained in the original position and the garaging removed. Gloucestershire County (Highways) had agreed with this amendment, and the matter was therefore resolved. In relation to the ecology issue, the Development Manager said that the applicant had submitted an ecological survey but that the information had yet to be evaluated. The recommendation was therefore one of delegated authority subject to confirmation that the ecology survey was acceptable.

Committee consideration

Members noted the update and spoke in support of the recommendation. Councillor Norman Stephens suggested a visit to the site when the work was completed.

Vote

Councillor Norman Stephens moved and Councillor David Thomson seconded the motion. A recorded vote was taken and members,

RESOLVED to authorise the Group Manager for Planning and Housing to grant planning permission subject to the acceptability of the ecology and subsequent mitigation measures. If such measures are not satisfactorily addressed by 31 August 2012, the Group Manager for Planning and Housing authorised to refuse the application

For (13)

Councillors James Bevan, Philip Burford, Gethyn Davies, Judy Davis, Terry Glastonbury, Val Hobman, Gabriella Kirkpatrick, Graham Morgan, Norman Stephens, Lynn Sterry, Arthur Thomas, David Thompson and Roger Yeates

Against (0)

Abstentions (0)

Listed Building Consent for alterations and demolition of single storey extensions, erection of two storey side extension and erection of detached garage

Listed Building Consent for alterations and demolition of single storey extensions, erection of two storey side extension and erection of detached garage

Please refer to the late material that was circulated before the start of the meeting

Committee consideration

The committee considered this application in conjunction with the application that had been considered under item 5.3 of the agenda.

Vote

Councillor Terry Glastonbury moved and Councillor David Thomson seconded the motion. A recorded vote was taken and members,

RESOLVED to authorise the Group Manager for Planning and Housing to grant listed building consent subject to the acceptability of the ecology and subsequent mitigation measures. If such measures are not satisfactorily addressed by 31 August 2012, the Group Manager for Planning and Housing authorised to refuse the application

For (13)

Councillors James Bevan, Philip Burford, Gethyn Davies, Judy Davis, Terry Glastonbury, Val Hobman, Gabriella Kirkpatrick, Graham Morgan, Norman Stephens, Lynn Sterry, Arthur Thomas, David Thompson and Roger Yeates

Against (0)

Abstentions (0)

Outline application for the erection of two dwellings

Outline application for the erection of two dwellings

Please refer to the late material that was circulated before the start of the meeting

Having declared a pecuniary interest earlier in the meeting, Councillor Roger Yeates left the meeting for consideration of this item.

Principal Planning Officer, Tony Pope, referred to the late material and gave an outline of the application. He said that, although the site was located outside the neighbouring authority’s settlement boundary, the planning authority had considered it appropriate to consult with Herefordshire Council on the proposals. He said that there was no local or national planning policy to support the application and no justification to suggest that the site was essential for agricultural forestry purposes. The recommendation was therefore one of delegated refusal, (delegated to officers to allow for expiry of the neighbour consultation period).

Public Speaking

Speaking as the agent for the application, the speaker questioned the accuracy of the officer’s report and outlined several amendments. He said that the applicant proposed to erect a pair of two, not three bedroom dwellings, as had been suggested in the report. Furthermore, the total floor area for each property was 117 and not 156 square metres. The speaker said that, as an indicative scheme, the proposal was an in-principal outline application from which the detail would follow later. The speaker said that, at the recent site visit it had been evident that the location was not in open countryside but was surrounded by neighbouring properties. The speaker also questioned comments about lack of sustainability.

Committee consideration

Councillor Norman Stephens said he understood why the applicant wanted to develop the site and referred to how difficult it was for young people living in the forest to get on to the property ladder. Councillor Stephens stressed the need for more rural housing in the district to encourage young people to stay in the area.

Councillor Philip Burford said that the application was the most speculative application he had ever seen and that there was no viable reason why it should be granted planning permission. He said that there was no policy to support the application and not a true reflection of what constituted affordable housing. Several other members also shared this perspective.

Councillor Gethyn Davies noted the comments from Herefordshire County, (Highways), and questioned whether there would be an intensification of use of the access at the site other than that already in existence. He hoped the proposals would improve the area and proposed that the application be granted planning permission. Councillor Graham Morgan seconded the proposal.

Later in the meeting, Councillor Davies was requested to support his motion by giving reasons for approval. Noting the advice of Assistant Solicitor, Claire Childs, the committee subsequently agreed to adjourn the meeting to allow Councillor Davies to consider his reasons. Following an adjournment, Councillor Davies proposed that the committee approve the application on the basis that the proposal was unlikely to create any adverse impact on adjacent properties. Development Manager, Clive Reynolds,  ...  view the full minutes text for item 5.5

Erection of a four-bedroom dwelling with associated garaging, car parking and landscaping

Erection of a four-bedroom dwelling with associated garaging, car parking and landscaping

Please refer to the late material that was circulated before the start of the meeting

Principal Planning Officer, Emma Norgate, referred to the site visit and to the late material that had been circulated at the start of the meeting. She said that, although further information had been received in relation to the impact of this development on nearby trees, (dealt with by condition), this had not overcome the fundamental issue relating to the location of the driveway between the two dwellings and the resulting issues. The recommendation was therefore one of refusal as set out within the schedule of applications.

Public Speaking

Speaking as the agent for the application, the speaker referred to the outline proposals for the site and said that he believed planning officers had misinterpreted the original drawings for the proposals. He said that the original drawings had since been replaced and clearly demonstrated that the development would have minimal impact on the street elevation and on neighbouring properties. Suggesting a lack of consistency in how the planning application had been managed, the speaker said that the new drawings indicated that there would be no overlooking from the development.

Committee consideration

Questioning access arrangements at the site and the view that the proposed driveway between existing neighbouring properties would impact on noise levels and overlooking, the planning officer informed the committee that it would be difficult to find a way of creating an alternative access to the site. Councillor Norman Stephens said that the reason for refusing the application was weak and questioned whether officers could reliably defend such a case at appeal. In response, Development Manager, Clive Reynolds, said that planning officers would not make a recommendation to the committee unless they thought the matter could be defended at appeal.

Vote

Councillor Terry Glastonbury moved the recommendation for refusal and Councillor David Thomson seconded the motion. A recorded vote was taken and members,

RESOLVED to refuse the application for the reasons referred to in the schedule of applications and subject to the information included in the late material

For (11)

Councillors James Bevan, Philip Burford, Gethyn Davies, Judy Davis, Terry Glastonbury, Val Hobman, Gabriella Kirkpatrick, Graham Morgan, Lynn Sterry, David Thompson and Roger Yeates

Against (2)

 Councillors Norman Stephens and Arthur Thomas

Abstentions (0)

Erection of a detached building with 2 one bedroom flats

Erection of a detached building with 2 one bedroom flats

Principal Planning Officer, Emma Norgate, informed members that there was no late material relating to this application

Public Speaking

Speaking in objection to the proposals, the speaker made the following statement: -

‘I and the folks who live in Platts Row, are very concerned about the loss of light to their properties if this proposed development goes ahead. My cottages in Platts Row were built in the 1800's and have small windows and would suffer greatly from loss of light. This will result in a marked deterioration of the living environment in my cottages. The site is in a designated conservation area. I am fully aware that things cannot stand still, but there are no less than three fast food outlets within close proximity of each other in the small village of Mitcheldean. Local residents have put up with the resulting smells, noise and litter for the greater good. However, surely there are limits to what residents must endure, and the construction of new flats will only aggravate the situation. Will the existing sewage system be able to cope with the new dwellings? Will the parking problems in the High Street become worse? Will the noise levels increase even further? I urge the committee to give careful consideration to these points, as I feel that the balance is tipping away from trying to preserve our unique heritage and more towards furthering commercial interests. 

Clearly something needs to be done to transform the existing site, which is an eyesore, aggravated in no small measure by the unsightly collection of bins, weeds and the parked vehicle. Can we really be sure that any new development would not deteriorate in the same way? A garden area on this site would be a great asset, which would be enjoyed by the entire village and would be a way of giving something back to the community. Certainly a new block of flats is the last thing the area needs. My letter of 16 July 2012 gives more details of my misgivings about the antisocial problems, which could well arise if the development goes ahead. In conclusion, may I just say that people in the immediate vicinity of this proposed development are entitled to a reasonable quality of life, which may not be compatible with the applicant's aspirations. Please can the committee give this a lot of thought? We are in a conservation area after all’. 

Chairman of the Committee, Councillor Terry Glastonbury, invited local members, Jackie Fraser and Ian Whitburn to comment on the proposals. Councillor Fraser said that, at a meeting the evening before, the parish council had objected to the application on the grounds that it might result in a loss of light to the properties in Platts Row and due to concerns about parking and highway issues. She also said that the development was inappropriate due to its location in the centre of the Micheldean Conservation Area.

Councillor Whitburn said that he  ...  view the full minutes text for item 5.7

a)     To confirm that the next sites inspection panel of visits will take place on Tuesday 21 August 2012

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

RESOLVED that the next sites inspection panel will be held on Tuesday 21 August 2012, and that the following site will be added to the itinerary for that day: -  

The committee to consider report PH.132, detailing the performance of the planning enforcement team from 1 April to 30 June 2012

Development Manager, Clive Reynolds, presented report PH.132, detailing the performance of the planning enforcement team from 1 April to 30 June 2012. The Development Manager said that the team’s performance in meeting the target for agreeing a course of action within 25 days of the investigation had improved from 25 to 50 per cent, but that this was still below the council target of 70 per cent. He said that the new enforcement officer had become acclimatised to the area and to the workload, but that the section was now involved in a lean systems review of the enforcement service, which could have an impact on resources and the performance of the team. After considering the information, the committee,

RESOLVED to note report PH.132

11 September 2012

11 September 2012