To receive apologies for absence

Apologies were received from Councillors James Bevan and Alastair Fraser. The Chairman advised the committee that Councillor Roger Yeates would continue to substitute for Councillor Fraser from the 8 March meeting.

The minutes of the adjourned meeting, held on 8 March 2011, will be considered at the next full committee meeting, (12 April 2011), in conjunction with the minutes from the reconvened meeting, to be held on 15 March 2011.

There were no minutes to consider at this meeting. The minutes of the meeting on 8 February 2011 were approved at the adjourned meeting the previous week. The minutes of the meeting on 8 March 2011 and the minutes of this meeting will be considered at the committee meeting on 12 April 2011.

The chairman to identify any items of urgent business

There was no urgent business 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 and indicate whether it is personal or prejudicial.

No declarations of interest of were made at this meeting.

Subsequent to the adjournment of the Development Control Committee meeting on 8 March 2011, the following planning applications to be considered in accordance with the published schedule of applications, as prepared by the Group Manager for Planning and Housing. The schedule of applications is available on the council’s website, (published with the Development Control Committee Agenda for the meeting on 8 March 2011), or on request from Democratic Services on 01594 812624.

The Chairman informed the committee that, subsequent to the adjournment of the meeting on 8 March 2011, the following outstanding planning applications would be considered in accordance with the published schedule of applications, as prepared by the Group Manager for Planning and Housing.

P2380/10/LBD Crump Farm, Naas Lane, Lydney

P2420/10/OUT Land adjoining Caircant, Newnham Road, Blakney

P2424/10FUL Land adjoining Caircant, Newnham Road, Blakney

P0005/11/FUL Barn Farm, Monmouth Road, Longhope

P0142/11/FUL Carinya, Hang Hill Road, Bream

This item was considered at the Development Control Committee meeting on 8 March 2011.

This item was considered at the Development Control Committee meeting on 8 March 2011.

This item was considered at the Development Control Committee meeting on 8 March 2011.

This item was considered at the Development Control Committee meeting on 8 March 2011.

This item was considered at the Development Control Committee meeting on 8 March 2011.

This item was considered at the Development Control Committee meeting on 8 March 2011.

This item was considered at the Development Control Committee meeting on 8 March 2011.

This item was considered at the Development Control Committee meeting on 8 March 2011.

This item was withdrawn from the meeting by the Group Manager for Planning and Housing.

This item was withdrawn from the meeting by the Group Manager for Planning and Housing at the Development Control Committee meeting on 8 March 2011.

This item was considered at the Development Control Committee meeting on 8 March 2011.

This item was considered at the Development Control Committee meeting on 8 March 2011.

Listed Building Consent for demolition of four buildings within the curtilage of Crump Farm

Listed Building Consent for demolition of four buildings within the curtilage of Crump Farm

Please refer to the late material circulated prior to the meeting

Principal Planning Officer, Emma Norgate referred members to the late material and to the site inspection panel visit in February.

Committee consideration

Councillor David Thomson outlined comments from Avril Kear of the Local History Society, advocating that there were sufficient reasons to retain some of the buildings at the site. Aided by a visual display of photographs, the committee considered the historical importance of the buildings and the merits of preserving the heritage of the area. Throughout the debate, several members appeared encouraged by the proposal to defer the decision until the developer’s intentions were known or if the buildings could be incorporated into the plans for the site.

Vice Chairman, Councillor Norman Stephens, believed the work involved in restoring the buildings would be extensive and enquired which of the buildings were listed. Principal Planning Officer, Emma Norgate, informed Councillor Stephens that the farmhouse and thrashing barn were listed in their own right but that the other buildings (3, 4, 4A and 5) were only listed as curtilage buildings.

Following an extensive debate, it was suggested that demolition of buildings 3 and 4 be deferred pending confirmation of the proposed plans for the site. However, due to the difficulties involved in deferring only part of the application and following confirmation that to refuse the application would not prevent demolition of the post war barn referred to as building 6, (which did not require permission), it was suggested that the application be refused.

Vote

Councillor Philip Burford proposed that the application be refused and Councillor Lynn Sterry seconded the proposal. The reason suggested for refusal was that buildings 3 and 4 formed part of an important part of the group of listed buildings at the site and were worthy of retention. A recorded vote was taken and members,

RESOLVED that the application be refused

For: (12)

Councillors Grace Bensted, Philip Burford, Heather Dalziel, Frankie Evans, Terry Hale, Jane Horne, Gabriella Kirkpatrick, Di Martin, Lynn Sterry, Arthur Thomas, David Thomson and Roger Yeates

Against: (2) Councillors Terry Glastonbury (Chairman) and Norman Stephens

Abstentions:(0)

Outline application for the erection of a detached dwelling with ancillary works (Demolition of existing workshop).

Outline application for the erection of a detached dwelling with ancillary works (Demolition of existing workshop).

Please refer to the late material circulated prior to the meeting

Principal Planning Officer, Tony Pope, advised members that consideration of this item was linked to the following application. Referring members to the late material, the planning officer confirmed that the recommendation remained one of refusal.

Committee consideration

Members were advised that information circulated by email from Councillor Peter Amos could not be considered as late material and should therefore be disregarded. Members accepted the advice and expressed support for the application.

Vote

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

RESOLVED to refuse the application as detailed in the schedule of applications and subject to the information included in the late material

For: (13)

Councillors Grace Bensted, Philip Burford, Heather Dalziel, Frankie Evans, Terry Glastonbury (Chairman), Terry Hale, Jane Horne, Gabriella Kirkpatrick, Di Martin, Lynn Sterry, Arthur Thomas, David Thomson and Roger Yeates

Against: (0)

Abstentions:(1) Councillor Norman Stephens

Removal of condition (b) of planning permission P0792/02/FUL to remove the limits of the occupation of the dwelling and variation of condition (c) to allow office space to be used in relation to residential accommodation.

Removal of condition (b) of planning permission P0792/02/FUL to remove the limits of the occupation of the dwelling and variation of condition (c) to allow office space to be used in relation to residential accommodation.

Please refer to the late material circulated prior to the meeting

Principal Planning Officer, Tony Pope, referred to the late material and informed members that the application was considered unacceptable because of the potential harm that could be created by the haulage company to the residential amenities for future occupants of the converted coach house.

Committee consideration

Despite Councillor Norman Stephens suggesting that the circumstances relating to this application could be regarded as a ‘buyer beware’ situation, members supported the recommendation for refusal.

Vote

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

RESOLVED to refuse the application as detailed in the schedule of applications and subject to the information included in the late material

For: (13)

Councillors Grace Bensted, Philip Burford, Heather Dalziel, Frankie Evans, Terry Glastonbury (Chairman), Terry Hale, Jane Horne, Gabriella Kirkpatrick, Di Martin, Lynn Sterry, Arthur Thomas, David Thomson and Roger Yeates

Against: (0)

Abstentions:(1) Councillor Norman Stephens

This item was considered at the Development Control Committee meeting on 8 March 2011.

This item was considered at the Development Control Committee meeting on 8 March 2011.

This item was considered at the Development Control Committee meeting on 8 March 2011.

This item was considered at the Development Control Committee meeting on 8 March 2011.

Alterations and erection of a first floor extension to create a two-storey dwelling. (Resubmission).

Alterations and erection of a first floor extension to create a two-storey dwelling. (Resubmission)

Please refer to the late material circulated prior to the meeting

Principal Planning Officer, Tony Pope, referred members to the late material and said that the recommendation remained one of refusal.

Local member, Councillor Dave East, said this small, family bungalow was extremely cramped with one bedroom a small box room and another an office. Councillor East believed the accommodation was clearly inadequate for the needs of the family. He noted the lack of objection from neighbouring properties and said that the isolated position in which it stood would not impact on the surrounding area.

Committee consideration

Councillor Norman Stephens believed this modest bungalow was too small for the growing needs of the owner’s family. Furthermore, as a tied property, the bungalow was unlikely to leave the ownership of the current owners. Despite reservations from some members of the committee, who believed the reasons put forward to grant planning permission were emotive and in breach of PPS7, other members supported the application and felt that the proposals were acceptable.

Vote

Councillor Jane Horne proposed that the application be granted planning permission and Councillor Grace Bensted seconded the proposal. The reasons suggested for granting permission included, that the proposals would not impact on the surrounding area and were in support of the rural business at the site. A recorded vote was taken and members,

RESOLVED that the application be granted planning permission subject to appropriate conditions

For: (9)

Councillors Grace Bensted, Heather Dalziel, Frankie Evans, Terry Glastonbury, (Chairman), Terry Hale, Jane Horne, Arthur Thomas, Norman Stephens, (Vice chairman) and Roger Yeates.

Against: (4)

Councillors Gabriella Kirkpatrick, Di Martin, Lynn Sterry and David Thomson

Abstentions: (1)

Councillor Philip Burford

Erection of rear single storey extension and amendments to existing garage. Erection of separate double garage to the rear with creation of a new access.

Erection of rear single storey extension and amendments to existing garage. Erection of separate double garage to the rear with creation of a new access.

Please refer to the late material circulated at the meeting

Principal Planning Officer, Emma Norgate, referred members to the late material and to the comments that had been received from the Parish Council.

Public Speaker

Speaking as an objector to the application, the speaker said that he had based his objections on issues relating to highway safety, public amenity, street scene and the character of the area. The speaker expressed concerns about the hard standing for the two garages and said that he was worried that the proposals might exacerbate the risk of flooding at the site. The speaker also questioned some of the dimensions that had been put forward and the removal of a stone-wall to the rear of the property. He said that he was unable to accept the proposals and urged the committee to refuse the application and prevent an erosion of all that was special about the Forest of Dean.

Local member, Councillor Paul Hiett, emphasised the narrowness of the lane onto which vehicles would exit the property and the proximity to the front door of an adjacent building. He also expressed serious reservations about highway safety and the impact of the proposals on other properties, public amenities and the character of the area. Councillor Hiett said that the removal of the nineteenth century stone wall to the rear of the property would be a travesty and objected strongly to the recommendation of approval, particularly when the council was taking enforcement action against a neighbouring property.

Committee Consideration

The committee considered the proposals at length, including concerns about highway safety and the impact on neighbouring properties. Councillor Heather Dalziel questioned drainage issues at the site and stressed how important it was to ensure that run-off from the hard-standing of the two garages did not impact on the building opposite. Other members questioned access arrangements and the difficulties in manoeuvrability. Despite repeated concerns, including a suggestion that the application be deferred to allow the applicant to consider an alternative proposal, members were advised not to become involved with the merits of a new proposal but to concentrate on the application for the two garages.

Vote

Following a comprehensive debate, the general consensus was that it would be better to defer consideration of the application rather than refuse it all together, as had been proposed earlier in the meeting by Councillor Arthur Thomas. Having listened to the debate, Councillor Thomas subsequently proposed deferring the application to allow the applicant time to seek an alternative proposal and address some of the concerns that had been raised at the meeting, particularly in relation to the scale of the garage and the proximity to neighbouring properties. Councillor Norman Stephens seconded deferral of the application on the understanding that, should the proposals be unacceptable at the next meeting, the committee would be in a position to  ...  view the full minutes text for item 5.13

The suggested site-visits, (due for consideration by the Sites’ Inspection Panel on Tuesday 15 March 2011), were confirmed at the committee meeting on 8 March 2011 and will be recorded in the minutes of that meeting.

The itinerary for the Sites’ Inspection Panel schedule of visits on Tuesday 15 March 2011 was confirmed at the committee meeting on 8 March 2011 and recorded in the minutes of that meeting.

This item was deferred at the adjourned Development Control Committee meeting on 8 March 2011. Report PH.55, detailing information on the council’s revised Validation Checklist, is available on the council’s website, (published with the Development Control Committee Agenda for the meeting on 8 March 2011), or on request from Democratic Services on 01594 812624.

Group Manager for Planning and Housing, Peter Williams, informed members that the revised validation checklist had been considered at the Development Control Committee meeting on 8 February 2011, where authorisation had been given to the group manager to adopt the revised checklist, following expiry of the consultation period. The Group Manager said that, since that meeting, two additional representations, (from the Environment Agency and the Ramblers), had been received prior to the closure of the consultation period. The representations and the council’s responses were noted and accepted. A recorded vote was taken and the committee,

RESOLVED to accept the changes to the report and adopt the Validation Checklist for use by the Council.

For: (14)

Councillors Grace Bensted, Philip Burford, Heather Dalziel, Frankie Evans, Terry Glastonbury (Chairman), Terry Hale, Jane Horne, Gabriella Kirkpatrick, Di Martin, Norman Stephens (Vice Chairman), Lynn Sterry, Arthur Thomas, David Thomson and Roger Yeates

Against: (0)

Abstentions:(0)

To consider tree preservation order, DF TPO 179, Land at Corse Grange, Corse, Gloucestershire. The report relating to this item, (PH.63), is available on the council’s website, (published with the Development Control Committee Agenda for the meeting on 8 March 2011), or on request from Democratic Services on 01594 812624.

Sustainability Team Leader, Alastair Chapman, presented report PH.63, seeking an amendment and confirmation of Tree Preservation Order, DF TPO 179, Land at Corse Grange, Corse, Gloucestershire.

Ward member, Councillor Philip Burford, spoke at length on the natural beauty and the character of the area and expressed concern about the number of trees that had already been cleared from the site. Councillor Burford questioned the removal of some of the trees and whether or not their removal in the past had been lawful. On this basis, Councillor Burford proposed a slight modification to Annex B of the Tree Preservation Order to maintain and protect the trees in groups A1 and A5. The committee supported the proposal and agreed that it was important to preserve this beautiful and unique conservation area. A recorded vote was taken and members,

RESOLVED to confirm Tree Preservation Order, DF TPO 179, as detailed in report PH.63, subject to a further amendment to Annex B of the report, to include and maintain the trees in A1 and A5 of Annex A, reflecting the revised plotting positions of A5 and T1 in Annex B.

To consider the performance of the planning team in relation to processing appeal decisions and in the determination of planning applications. The performance reports relating to both of these items are available on the council’s website, (published with the Development Control Committee Agenda for the meeting on 8 March 2011), or on request from Democratic Services on 01594 812624.

The committee considered the performance of the planning team in relation to the following performance areas: -

A report from the Principal Planning Officer, regarding the performance of the planning team in relation to processing appeal notices and decisions. (This item was deferred at the Development Control Committee meetings held on 8 February and 8 March 2011).

Principal Planning Officer, Martin Hillier, presented report PH.56, which had been deferred at the committee meeting on 8 February 2011. Mr Hillier summarised the number of appeals lodged and the council’s performance in defending decisions, as compared with previous years. He informed the committee that there had been a large number of appeals lodged for the current year, (13 to date), and that he hoped the council would continue to improve performance. He said that performance had improved to 74 per cent during the last six months, (against a target of 70 per cent), and that the council had been successful in all appeals against enforcement action.

Referring specifically to decisions relating to forest waste land, Councillor David Thomson enquired if the council had been in contact with the Forestry Commission as to whether or not a general policy statement had been prepared. Group Manager for Planning and Housing, Peter Williams, said that work had been completed on this point during the recent scrutiny review of the Core Strategy. However, it could not be certain as to whether a policy statement would survive the examination exercise or if it would have made a difference to the situation. Report PH.56 was noted and agreed.

A report from the Principal Planning Officer, regarding the performance of the planning team in relation to the determination of planning applications. (This item was deferred at the adjourned Development Control Committee meeting on 8 March 2011).

Principal Planning Officer, Emma Norgate, presented report PH.64, detailing the council’s performance in determining planning applications for the period 1 April 2010 and 31 January 2011. The planning officer confirmed that, in determining major and other applications, the council had exceeded both national and local targets, but that for minor applications, although on target nationally, the council had been slightly under the local target for this period. Despite government pressure to make savings, it was hoped the planning authority would be able to maintain performance. Report PH.64 was noted and agreed.

To consider, and if so, to 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.

Following the advice of the Assistant Solicitor, the committee agreed that it would not be necessary to consider the following items as exempt business.

To confirm the exempt minutes of the meeting held on 8 February 2011.

The exempt minutes of the meeting on 8 February 2011 were confirmed as an accurate record of that meeting.

To consider the schedule of enforcement action, as prepared by the Group Manager for Planning and Housing. This item was deferred at the Development Control Committee meeting on 8 February 2011 and at the adjourned committee meeting on 8 March 2011.

Assistant Solicitor, Dawn Evans, informed the committee that enforcement action was normally considered as exempt information in accordance with Part 1 of Schedule 12 A of the Local Government Act 1972. She said that this was due to a possible breach of the Data Protection Act 1998 and the risk of a fine against the council from the Information Commissioner’s Office should a complaint be upheld about considering personal data in open session. The Assistant Solicitor said that the council was seeking the advice of the Information Commissioner’s Office, (ICO), regarding enforcement matters in open forum, and hoped a response would be received before the next meeting. In the meantime, the owners of Murrell’s Cottage, (the subject of the enforcement report), had given their permission for the report to be considered in public as non-exempt information. Despite several reservations about the risk of penalties to the council, should the advice from the Information Commissioner’s Office suggest otherwise, the committee accepted the information and agreed to consider the report as non-exempt.

Using a visual display of photographs, the committee considered the information in detail, with some members questioning the harm in allowing the extension at the property to remain without planning permission. Several members suggested that the extension was not out of character with another extension at the property, nor visually unattractive. Other members referred to the precedent that this might set and reinforced the need to obtain planning permission. Councillor Norman Stephens précised an email that had been sent by ward member, Councillor Dr Richard Long, who had unfortunately been unable to attend the adjourned meeting but had been present at the previous meeting.  Councillor Stephens informed the committee that Councillor Long was very much in favour of the conservatory being retained and that no enforcement action be taken.

Vote

Councillor Norman Stephens proposed that the council take no further action and Councillor Jane Horne seconded the proposal. The reasons suggested for not taking enforcement action included, that there was no harm to the listed building, that the cottage was in an isolated location, was not visually intrusive and due to the length of time that the extension had been in position. A recorded vote was taken and the proposal to not take enforcement action was unsuccessful. Following this decision, the committee requested that a second recorded vote be taken, as confirmation of the outcome of the decision not to take enforcement action. A second vote was taken and members,

RESOLVED that the Group Manager for Planning and Housing Services and the Group Manager for Legal and Democratic Services be authorised to issue a Listed Building Enforcement Notice under Section 38 of the Planning (Listed Buildings and Conservation Areas) Act 1990, to withdraw and vary such notice and, in the event of non-compliance, to take action by way of prosecution under Section 43 of the Act in respect of the breaches of control/or for injunctive relief under Section 44A.

First Recorded Vote (No enforcement action)

For: (5)

Councillors Jane  ...  view the full minutes text for item 12.

12 April 2011

12 April 2011