Agenda, decisions and minutes
PDF 102 KBVenue: Council Chamber
Contact: Democratic Services, Tel: (01684) 272021 Fax: (01684) 272040 Email: democraticservices@tewkesbury.gov.uk
| No. | Item | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
Announcements When the continuous alarm sounds you must evacuate the building by the nearest available fire exit. Members and visitors should proceed to the visitors’ car park at the front of the building and await further instructions (during office hours staff should proceed to their usual assembly point; outside of office hours proceed to the visitors’ car park). Please do not re-enter the building unless instructed to do so.
In the event of a fire any person with a disability should be assisted in leaving the building. Minutes: 76.1 The evacuation procedure, as noted on the Agenda, was advised to those present. 76.2 The Chair welcomed Annette Roberts, the new Head of Development Services, and Catherine Ashby, the new North Team Leader, to the meeting. 76.3 Members were reminded that, at its meeting on 17 May 2016, the Council had confirmed the Scheme for Public Speaking at Planning Committee as a permanent arrangement. The Chair gave a brief outline of the scheme and the procedure for Planning Committee meetings. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Apologies for Absence and Substitutions To receive apologies for absence and advise of any substitutions. Minutes: 77.1 Apologies for absence were received from Councillors D T Foyle, Mrs A Hollaway and R J E Vines. Councillors P W Awford, R Furolo and H A E Turbyfield would be acting as substitutes for the meeting. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Declarations of Interest Pursuant to the adoption by the Council on 26 June 2012 of the Tewkesbury Borough Council Code of Conduct, effective from 1 July 2012, as set out in Minute No. CL.34, Members are invited to declare any interest they may have in the business set out on the Agenda to which the approved Code applies. Minutes: 78.1 The Committee’s attention was drawn to the Tewkesbury Borough Council Code of Conduct which was adopted by the Council on 26 June 2012 and took effect from 1 July 2012. 78.2 The following declarations were made:
78.3 It was noted by the Chair that all Members of the Committee would have received correspondence in relation to various applications on the Planning Schedule but they did not need to declare an interest where they had not expressed an opinion. 78.4 No further declarations were made on this occasion. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
To approve the Minutes of the meeting held on 14 February 2017. Minutes: 79.1 The Minutes of the meeting held on 14 February 2017, copies of which had been circulated, were approved as a correct record and signed by the Chair. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Development Control - Applications to the Borough Council |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
To consider the accompanying Schedule of Planning Applications and proposals, marked Appendix “A”. Decision:
Minutes: 80.1 The Development Manager submitted a Schedule comprising planning applications and proposals with recommendations thereon. Copies of this had been circulated to Members as Appendix A to the Agenda for the meeting. The objections to, support for, and observations upon the various applications as referred to in Appendix 1 attached to these Minutes were presented to the Committee and duly taken into consideration by Members prior to decisions being made on those applications. 16/01304/OBM – Land North East of Duckstone House, Dean Lane, Stoke Orchard 80.2 This application was for modification of a Section 106 Agreement for the release from the obligation to transfer the public open space to the Council. 80.3 The Chair advised that there were no public speakers for this item. The Officer recommendation was to refuse the application and he sought a motion from the floor. It was proposed and seconded that the application be refused in accordance with the Officer recommendation. The proposer of the motion was of the view that safe and unfettered access to the public open space would be at risk if the application to modify the Section 106 Agreement was granted. The applicant had stated that they had maintained and fenced the land since 2007; however, the photographs at Pages No. 746/F-746/G showed that this was not the case. Another Member disagreed with the proposer of the motion and felt that the applicant had been looking after the land. In response to a query, the Development Manager advised that there was a long history on the site as to why the land had not yet been transferred to Tewkesbury Borough Council with a number of discussions at various points. He clarified that this application was identical to the one that had been refused by the Planning Committee in September 2016 and there had been no changes in circumstances since that time. 80.4 Upon being put to the vote, it was RESOLVED That the application be REFUSED in accordance with the Officer recommendation. 16/01434/FUL – Lowdilow Farm, Lowdilow Lane, Elmstone Hardwicke 80.5 This application was for the development of one accessible dwelling (ancillary to the principal dwelling) following demolition of existing agricultural building. The Committee had visited the application site on Friday 10 March 2017. 80.6 The Chair invited the applicant, James Warren, to address the Committee. Mr Warren explained that his mother was disabled from the neck down and required around the clock care. She had been in this condition for the past 20 years and, after coming to terms with the fact that she was never going to make a full recovery, his family had focused their efforts on making sure she could get the most out of life. Over the years that had involved many alterations to his parents’ previous accommodation, for example, a ceiling hoist, stairlifts, special furniture etc. The main problem was moving his mother from her bed as the severe pain caused by back spasms meant that, unless it was absolutely necessary, moving her was avoided. ... view the full minutes text for item 80a |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Planning Application Reference 15/00749/OUT To advise the Secretary of State how the Council would have determined the appeal proposals, had it remained the determining authority. Additional documents:
Minutes: 80.61 Attention was drawn to the report of the Head of Development Services, circulated at Pages No. 95-122, which related to planning application 15/00749/OUT, Land North of Innsworth Lane, Innsworth. The Committee was asked to determine that the Secretary of State for Communities and Local Government be advised that the Council would be minded to refuse the application. 80.62 The Development Manager explained that, as Members would be aware, this application was the subject of a non-determination appeal and, as such, it was necessary to advise the Secretary of State how the Council would have determined the application had it remained the determining authority. The site was part of a draft allocation in the emerging Joint Core Strategy and therefore the broad principle of development had been approved by the Council through that process. Notwithstanding this, there had been a significant change recently with the inclusion of Twigworth as part of the strategic allocation and the new draft policy A1 in the proposed modifications to the plan which required the Innsworth and Twigworth sites, with an appeal in respect of Twigworth also to be heard at the same public inquiry in June, to be considered in a comprehensive way in the interests of the proper planning of the area. 80.63 There were 13 recommended refusal reasons listed in the Officer report and the Development Manager stressed that many of the reasons were technical and capable of resolution before the start of the inquiry. For example, reasons 1-3, set out at Page No. 120 of the report - which related to the conflict with HOU4, Green Belt and landscape - would effectively fall away if the other substantive reasons for refusal were properly addressed. Similarly, reasons 11-13, set out at Page No. 121 of the report, were capable of being addressed by the Section 106 Agreement. Other technical reasons, such as highways and ecology, needed more work. Discussions were currently underway with Highways England and County Highways concerning the issues of timing in terms of the modifications to the Joint Core Strategy which would inevitably impact on what could be agreed and when. He imagined that the Highways Agency would do everything possible to try to reach agreement with the appellant before the opening of the inquiry. In respect of ecology, the appellant was in discussion with Natural England regarding the potential impact on the Innsworth Meadow Site of Special Scientific Interest and how to resolve those issues. The key outstanding issues for Officers related to highways, which was inevitably affected by the fact that the transport modelling work to support the Joint Core Strategy was ongoing, and the issues in respect of cumulative impact and comprehensive development. The Planning Inspectorate had very recently requested further information in respect of the Environmental Statement and, whilst this would be submitted before the opening of the inquiry, there was currently no timetable. Refusal reason 4 dealt with comprehensive development and picked up on the detailed wording of the strategic allocation policy in the ... view the full minutes text for item 80b |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Development Control - Applications to the County Council To note the following decision of Gloucestershire County Council:
Minutes: 81.1 The following decision of Gloucestershire County Council was NOTED:
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Current Appeals and Appeal Decisions Update To consider current Planning and Enforcement Appeals and CLG Appeal Decisions. Minutes: 82.1 Attention was drawn to the current appeals and appeal decisions update, circulated at Pages No. 123-126. Members were asked to consider the current planning and enforcement appeals received and the Department of Communities and Local Government appeal decisions issued. 82.2 It was RESOLVED That the current appeals and appeal decisions update be NOTED. |