Agenda item

81.1           Attention was drawn to the current appeals and appeal decision update, circulated at Pages No. 10-19.  Members were asked to consider the current planning and enforcement appeals received and the Department for Communities and Local Government appeal decisions issued.

81.2           A Member was very disappointed to see that the Inspector had allowed the appeal in respect of 17/00785/FUL 82 Gretton Road, Winchcombe.  The Planning Committee had felt that the proposed building was too large and too high and had refused the application only for the applicant to complete the building, move in, put the house up for sale and then submit an appeal.  He raised concern as to what sort of precedent this might set and expressed the view that local authorities needed more enforcement powers.  He also felt that there was a need for better working between the Planning department and Building Control.  With regard to the appeal decision in relation to 17/00303/FUL Sunset, Sunset Lane, Southam, the Member was pleased to see that traditional housing was being supported and felt that this was particularly important in terms of protecting the Area of Outstanding Natural Beauty.  The Development Manager understood the Member’s disappointment with the Gretton Road appeal decision; however, he reminded the Committee that each case was considered on its own facts and, on this occasion, the Inspector had looked at what had already been permitted compared with what had been built and did not feel this was enough of a departure to withhold planning permission.  In terms of enforcement generally, a significant amount of progress had been made since the introduction of the Senior Planning and Enforcement Officer post.  Although this post was currently vacant, the previous Officer had been instrumental in the production of the Planning Enforcement Plan which was currently subject to public consultation.  This additional resource had meant that the Planning department had been much more effective in terms of planning control and enforcement and would be looking to build on that going forward.  Applications for the post had recently closed and interviews would be conducted within the next week. 

81.3           The Member understood that it was normal practice for an Inspector to notify the Planning department when they were visiting a site and they would usually be accompanied by a Planning Officer; this had not happened in terms of the Gretton Road site.  The Development Manager advised that site visits could be accompanied or unaccompanied depending on what the Inspector felt they could see – with regard to Gretton Road, the dwelling had already been built and therefore there was no need for an accompanied visit.  He clarified that, if the Inspector was accompanied, this was not an opportunity for representations to be made, it was simply to point out factual characteristics of the site.  Another Member indicated that he was also disappointed with the outcome of this appeal and pointed out that the situation had arisen from an admitted mistake with the measurements in the early stages of construction; had this been picked up sooner it could have been rectified but, given that it had already been built, the only other option would be demolition and that was not something which tended to happen.  The Head of Development Services reiterated that a lot of positive work had been done in relation to enforcement and the new Planning Enforcement Plan would be implemented shortly.  In terms of Building Control, whilst this was a shared service with Cheltenham Borough Council, Building Control Officers regularly attended the Tewkesbury Borough Council Offices and there was a good relationship between the departments.  The Head of Development Services understood that, in this particular case, the building regulations approval for the development had been dealt with by an approved Inspector rather than the Council’s Building Control Service which had complicated matters, although she noted the general point being made.  The Member who had initially raised the concern clarified that he was not blaming individual Officers and felt that the government needed to give more powers to local planning authorities, for example, being able to physically stop work until an application had been heard.  He indicated that Winchcombe Town Council had also been extremely disappointed by the appeal decision and had written to the local MP about it.

81.4           Having considered the information provided and views expressed, it was

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