Agenda for Planning on Tuesday, 5 July 2016, 9:00 am
Agenda, decisions and minutes
PDF 103 KBVenue: Council Chamber
Contact: Democratic Services, Tel: (01684) 272021 Fax: (01684) 272040 Email: democraticservices@tewkesbury.gov.uk
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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 (staff should proceed to their usual assembly point). 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: 10.1 The evacuation procedure, as noted on the Agenda, was advised to those present. 10.2 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. |
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Apologies for Absence and Substitutions To receive apologies for absence and advise of any substitutions. Minutes: 11.1 Apologies for absence had been received from Councillors R E Allen and Mrs A Hollaway. Councillors Mrs R M Hatton and H A E Turbyfield would be acting as substitutes for the meeting. |
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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: 12.1 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. 12.2 The following declarations were made:
12.3 There were no further declarations made on this occasion. |
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To approve the Minutes of the meeting held on 7 June 2016. Minutes: 13.1 The Minutes of the meeting held on 7 June 2016, copies of which had been circulated, were approved as a correct record and signed by the Chair. |
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Development Control - Applications to the Borough Council |
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To consider the accompanying Schedule of Planning Applications and proposals, marked Appendix “A”. Decision:
Minutes: 14.1 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 them prior to decisions being made on those applications. 16/00579/FUL – Part Parcel 8227, Tewkesbury Road, Elmstone Hardwicke 14.2 This application was for the erection of two buildings for industrial/factory development (use classes B1(c), B2 and B8) with ancillary offices (use class B1(a)) together with associated access road, landscaping, drainage ponds, car and cycle parking, service yards and access to Tewkesbury Road (A4019) and improvements to junction with Stoke Road. 14.3 The Development Manager explained that Section 70A of the Town and Country Planning Act provided a local planning authority with a power to decline to determine an application in certain circumstances including where there had been no significant change in the relevant considerations since the refusal of the previous application. In the past two years, more than one similar application had been refused, with the most recent refusal in May 2016, and no appeal had been made to the Secretary of State, consequently, Officers considered that this application fell within the scope of Section 70A. The applicant had been made aware of this view before the application was made valid; it was noted that the application had originally been invalid when it was submitted as the fee had not been paid. When the fee had been received, the Development Manager had personally contacted the applicant’s agent to check whether their client wished to proceed with the application based on the Officer’s view that it would fall within the scope of Section 70A. As set out in the Officer report, there were no significant material changes from the previous application and the route for the applicant under these circumstances would be to make an appeal to the Secretary of State. The Officer recommendation was that the Council should decline to determine the application. It was noted that Members had received a letter from the applicant’s agent urging them to determine the application; however, clarification was provided that it would be unlawful to make a decision on the application at the present meeting as it had not undergone the required consultation and publicity. 14.4 The Chair invited the applicant’s agent, Simon Firkins, to address the Committee. Mr Firkins indicated that the applicant had asked him to clarify the Case Officer for the application given that, despite considerable chasing, no correspondence whatsoever had been received from the Council about the application other than notification of this Committee meeting; this was very unusual in his experience. Having said that, he hoped that Members had managed to read the email he had sent prior to the meeting explaining why there was no reason for the Committee not to determine the ... view the full minutes text for item 14a |
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Development Control - Applications to the County Council To note the following decision of Gloucestershire County Council:
Minutes: 15.1 The following decision of Gloucestershire County Council was NOTED:
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Current Appeals and Appeal Decisions Update To consider current Planning and Enforcement Appeals and CLG Appeal Decisions. Minutes: 16.1 Attention was drawn to the current appeals and appeal decisions update, circulated at Pages No. 20-26. Members were asked to consider the current planning and enforcement appeals received and the Communities and Local Government appeal decisions issued. 16.2 A Member sought a view from Officers regarding the recent appeals in relation to solar farms at sites in Over and Highnam. In both cases, the Planning Committee had felt that the proposals would have a detrimental impact on the areas and had refused the applications but they had been allowed on appeal and he questioned whether the Planning Inspectorate was taking a view that proposals for green energy should be “rubber stamped”. In response, the Development Manager advised that each application was considered on its own merits and the proposals had been judged on the individual circumstances of each case. Nevertheless, it was Government policy to support renewable energy infrastructure and, where this was proposed outside of the Green Belt and protected landscape, applications had a good chance of being supported. A Member went on to question whether any more had been done regarding the erection of control station buildings, which tended not to be included in the plans for applications for solar farms but were a necessary part of such developments. The Development Manager advised that energy companies had substantial permitted development rights for such installations; in some cases it might be possible to remove those rights but Officers would need to look very closely as to whether it would be justifiable as the Government would only support this in exceptional circumstances. With regard to the appeal in relation to a solar farm at Stoke Orchard, a Member understood that Officers would be reporting to the Planning Inspectorate and she questioned whether reference could be made to additional building on the site. The Development Manager indicated that he did not know what stage this particular appeal was at but he undertook to write to the Planning Inspectorate as requested. 16.3 Another Member questioned whether the local planning authority was able to insist on a landscaping scheme to lessen the impact of these additional buildings. In response, the Development Manager provided assurance that, now this point had been brought their attention, in future it was intended to establish from each company what additional equipment may be necessary and ensure that landscaping was taken into account. Notwithstanding this, it was to be borne in mind that companies may not always disclose their plans, or circumstances may require a building to be put in at a later stage. Officers would do what they could at the application stage but it would very much depend upon the individual circumstances of each application and the possible impacts. The Development Manager undertook to look at potential wording which could be used in any landscape conditions for these applications going forward. 16.4 It was RESOLVED That the current appeals and appeal decisions update be NOTED. |
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Advanced Site Visits Briefing To note those applications which have been identified as being subject to a Committee Site Visit on the Friday prior to the Planning Committee meeting at which they will be considered. Minutes: 17.1 Attention was drawn to the Advanced Site Visits Briefing, circulated at Page No. 27, which set out those applications that had been identified as ones which would be subject to a Committee Site Visit on the Friday prior to the Planning Committee meeting at which they would be considered. Members were asked to note the applications in the briefing. 17.2 It was RESOLVED That the Advanced Site Visits Briefing be NOTED. |