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Agenda, decisions and minutes

Venue: Council Chamber

Contact: Democratic Services, Tel: (01684) 272021 Fax: (01684) 272040  Email:  democraticservices@tewkesbury.gov.uk

Items
No. Item

21.

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:

21.1           The evacuation procedure, as noted on the Agenda, was advised to those present.

21.2           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. 

22.

Apologies for Absence and Substitutions

To receive apologies for absence and advise of any substitutions. 

Minutes:

22.1           Apologies for absence were received from Councillors R D East, Mrs J Greening and T A Spencer.  Councillors R E Allen, P W Awford and H A E Turbyfield would be acting as substitutes for the meeting. 

23.

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:

23.1           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.

23.2           The following declarations were made:

Councillor

Application No./Item

Nature of Interest (where disclosed)

Declared Action in respect of Disclosure

P W Awford

17/00448/OUT Deepfurrow House, Main Road, Minsterworth.

17/00104/OUT  Land Adjacent to Rosedale House, Main Road, Minsterworth.

Is a Borough Councillor for the area.

Is a Gloucestershire County Councillor for the area.

Would speak and vote.

Mrs G F Blackwell

17/00550/FUL                    11 Kaybourne Crescent, Churchdown.

Is a Member of Churchdown Parish Council but does not participate in planning matters.

Lives in a neighbouring property.

Would not speak or vote and would leave the Chamber for the consideration of this item.

R Furolo

17/00201/FUL Green Lea,                Green Street, Brockworth.

Is a Member of Brockworth Parish Council but does not participate in planning matters.

Would speak and vote.

Mrs R M Hatton

17/00201/FUL Green Lea,                  Green Street, Brockworth.

Is a Member of Brockworth Parish Council but does not participate in planning matters.

Would speak and vote.

J R Mason

16/01425/OUT  Land to the East of Evesham Road, Greet.

16/01426/OUT    Land to the East of Evesham Road, Greet.

Is a Member of Winchcombe Town Council but does not participate in planning matters.

Would speak and vote.

Mrs P E Stokes

17/00550/FUL                    11 Kaybourne Crescent, Churchdown.

Is a Member of Churchdown Parish Council but does not participate in planning matters.

Would speak and vote.

H A E Turbyfield

17/00201/FUL Green Lea, Green Street, Brockworth.

Is a Borough Councillor for the area.

Had spoken with the applicant but had not expressed an opinion.

Would speak and vote.

23.3           The Legal Adviser indicated that several Members had queried whether they should make a declaration in respect of Item 1 – 16/01425/OUT – Land to the East of Evesham Road, Greet and Item 2 – 16/01426/OUT – Land to the East of Evesham Road, Greet, on the basis of the connection between one of the applicants and a Borough Councillor.  She clarified that it was not necessary to make a declaration simply on that basis; however, Members should still apply the Code of Conduct and make any other declarations accordingly.  No further declarations were made on this occasion.

24.

Minutes pdf icon PDF 161 KB

To approve the Minutes of the meeting held on 1 August 2017.

Minutes:

24.1           The Minutes of the meeting held on 1 August 2017, copies of which had been circulated, were approved as a correct record and signed by the Chair. 

25.

Development Control - Applications to the Borough Council

25a

Schedule pdf icon PDF 5 MB

To consider the accompanying Schedule of Planning Applications and proposals, marked Appendix “A”.

Decision:

Parish and Reference

Address

Recommendation

Item/page number

 

Brockworth

 

 

 

17/00201/FUL

Green Lea Green Street Brockworth

Deferred (for site visit)

7     /     243

Click Here To View

 

Churchdown

 

 

 

17/00550/FUL

11 Kaybourne Crescent Churchdown

Permit

9     /     253

Click Here To View

 

Minsterworth

 

 

 

17/00104/OUT

Land adjacent to Rosedale House  Main Road  Minsterworth  GL2 8JH

Delegated Permit

10    /     258

Click Here To View

 

Minsterworth

 

 

 

17/00448/OUT

Deepfurrow House Main Road Minsterworth

Permit

8     /     247

Click Here To View

 

Tewkesbury

 

 

 

17/00718/CLP

58 Courtney Close Tewkesbury GL20 5FB

Grant Certificate

6     /     241

Click Here To View

 

Toddington

 

 

 

17/00424/FUL

Land at Consell Green Tewkesbury Road Toddington

Withdrawn

3     /     216

Click Here To View

 

Twyning

 

 

 

16/01152/FUL

Stratford Bridge Garage Stratford Bridge Ripple Tewkesbury

Deferred (for site visit)

5     /     230

Click Here To View

 

Twyning

 

 

 

17/00452/OUT

Land to the North of Shuthonger Garage  A38 Pages Lane to Church End Lane Shuthonger Tewkesbury

Delegated Permit

4     /     222

Click Here To View

 

Winchcombe

 

 

 

16/01425/OUT

Land to the East of Evesham Road Greet

Refuse

1     /     194

Click Here To View

 

Winchcombe

 

 

 

16/01426/OUT

Land to the East of Evesham Road Greet

Refuse

2     /     205

Click Here To View

 

Minutes:

25.1           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.

16/01425/OUT – Land to the East of Evesham Road, Greet

25.2           This was an outline application for the erection of up to four dwellings and associated development with all matters reserved for future consideration except for access.  It was noted that there had been no Committee Site Visit in respect of this application; however, the site had been visited in relation to the next item in the Schedule.

25.3           The Development Manager indicated that Members would have seen some of the appeal decisions received recently, the majority of which were reported in the Current Appeals and Appeal Decisions Update which appeared later on the Agenda.  He explained that there had been some inconsistency in the way Inspectors had dealt with Policy HOU4 in particular, but also Policy LND2, which related to Special Landscape Areas and was applicable in this case.  This was important because it affected whether the presumption in favour of sustainable development “tilted balance” applied.  If relevant policies were considered out of date, the presumption in favour of sustainable development “tilted balance” did apply, irrespective of whether a five year deliverable supply of housing sites could be demonstrated.  Whilst different Inspectors had dealt with the policies differently, this had not changed the way Officers dealt with Policy HOU4 – it remained their view that Policy HOU4 was not out of date and should be given considerable weight in planning decisions, as agreed by the Inspector who had dealt with the Mill Lane, Prestbury appeal.  This was because Policy HOU4 was consistent with the National Planning Policy Framework in that it sought to protect the countryside and encourage sustainable patterns of development.  This approach appeared to be supported by the Secretary of State in the appeal decisions he had made recently. 

25.4           In terms of this application specifically, Members would note from Paragraph 5.29 of the Officer report that there was an outstanding issue in respect of drainage.  This matter had been discussed with the Lead Local Flood Authority and the Legal Adviser and it was considered that, as the applicant owned the land to the rear of the site, drainage issues could be addressed by a Grampian condition which may ultimately require easements to be provided by way of legal agreement.  This proposal clearly conflicted with Policy HOU4 and would result in landscape harm as set out in the report; furthermore, it conflicted with the adopted Winchcombe and Sudeley Neighbourhood Development Plan (NDP) which was now part of the development plan.  Section 38(6) of the Planning and Compulsory Purchase Act required applications to be dealt  ...  view the full minutes text for item 25a

26.

Development Control - Applications to the County Council

To note the following decisions of Gloucestershire County Council:

 

Site/Development

Decision

17/00559/CM

Gloucester North Community Fire Station

Cheltenham Road East

Churchdown

 

Variation of Condition 2 – Scope of Development on Planning Consent 15/0098/TWREG3 [Erection of a training tower], dated 22/12/2016 in order to relocate the training tower.

 

Application PERMITTED subject to conditions relating to the commencement of the development and scope of the development.

17/00036/LA3

Woodmancote Primary School

Station Road

Bishop’s Cleeve

 

Variation of condition 3 (revision to elevation drawing from the previously submitted drawing 5092-P-600 with drawing number 5092-W-701G) relating to planning consent 15/0069/TWREG3 dated 04/09/2015.

 

Application PERMITTED subject to conditions relating to the scope of the development; soft landscaping; lighting; and tree works.

17/00228/CM

Long Meadow Farm

Stoke Road

Stoke Orchard

 

Retrospective change of use of an agricultural barn (part of) to a waste transfer operation (sui generis).

Application PERMITTED subject to conditions relating to the commencement of the development; scope of the development; permitted development; hours of working; vehicular access and highway safety; waste management; and drainage.

 

Minutes:

26.1           The following decisions of Gloucestershire County Council were NOTED:

Site/Development

Decision

17/00559/CM

Gloucester North Community Fire Station

Cheltenham Road East

Churchdown

 

Variation of Condition 2 – Scope of Development on Planning Consent 15/0098/TWREG3 [Erection of a training tower], dated 22/12/2016 in order to relocate the training tower.

 

Application PERMITTED subject to conditions relating to the commencement of the development and scope of the development.

17/00036/LA3

Woodmancote Primary School

Station Road

Bishop’s Cleeve

 

Variation of condition 3 (revision to elevation drawing from the previously submitted drawing 5092-P-600 with drawing number 5092-W-701G) relating to planning consent 15/0069/TWREG3 dated 04/09/2015.

 

Application PERMITTED subject to conditions relating to the scope of the development; soft landscaping; lighting; and tree works.

17/00228/CM

Long Meadow Farm

Stoke Road

Stoke Orchard

 

Retrospective change of use of an agricultural barn (part of) to a waste transfer operation (sui generis).

Application PERMITTED subject to conditions relating to the commencement of the development; scope of the development; permitted development; hours of working; vehicular access and highway safety; waste management; and drainage.

 

27.

Current Appeals and Appeal Decisions Update pdf icon PDF 91 KB

To consider current Planning and Enforcement Appeals and CLG Appeal Decisions.

Minutes:

27.1           Attention was drawn to the current appeals and appeal decisions update, circulated at Pages No. 17-24.  Members were asked to consider the current planning and enforcement appeals received and the Department for Communities and Local Government appeal decisions issued.

27.2           A Member was comforted to see that the appeal in respect of outline application 16/00539/OUT for up to 75 dwellings Truman’s Farm, Manor Lane, Gotherington had been dismissed with the Inspector taking into account the impact on social cohesion and the detrimental effect the development would have on the village; she hoped this could be used as an argument in the forthcoming appeal in relation to Gotherington.  In addition, the Inspector had given substantial weight to Policy HOU4 which may help to prevent service villages being further flooded with development in future.  A Member questioned whether the Council would be challenging the decision in relation to 16/00860/FUL Land at Hillview Stables, Bushcombe Lane, Woodmancote where a single dwelling had been allowed on appeal.  The Development Manager advised that the Council had six weeks from the date of the decision to submit a challenge and consideration was currently being given as to whether this would be appropriate.  Members would be notified of the decision in due course.

27.3           Having considered the information provided, it was

RESOLVED          That the current appeals and appeal decisions update be NOTED.