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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

48.

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:

48.1           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. 

49.

Apologies for Absence and Substitutions

To receive apologies for absence and advise of any substitutions. 

Minutes:

49.1           Apologies for absence were received from Councillors D T Foyle and P D Surman.  Councillors Mrs R M Hatton and H A E Turbyfield would be acting as substitutes for the meeting. 

50.

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:

50.1           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.

50.2           The following declarations were made:

Councillor

Application No./Item

Nature of Interest (where disclosed)

Declared Action in respect of Disclosure

R E Allen

16/00539/OUT       Land At Truman’s Farm, Manor Lane, Gotherington.

Had received correspondence in relation to the application but had not expressed an opinion.

Would speak and vote.

Mrs G F Blackwell

16/00877/FUL   Land Adjacent to Churchdown Community Centre, Parton Road, Churchdown.

16/01096/FUL                42 Brookfield Road, Churchdown.

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

Would speak and vote.

M Dean

16/00714/FUL                 20 Beverley Gardens, Woodmancote.

Is a Borough Councillor for the area.

Would speak and vote.

Mrs M A Gore

16/00539/OUT  Land At Truman’s Farm, Manor Lane, Gotherington.

16/00965/FUL Parcel 7561, Malleson Road, Gotherington.

Had been involved in discussions with residents and the Parish Council in respect of both applications but had not expressed an opinion.

Would speak and vote.

Mrs A Hollaway

16/00714/FUL                  20 Beverley Gardens, Woodmancote.

Is a Borough Councillor for the area.

Would speak and vote.

Mrs P E Stokes

16/00877/FUL   Land Adjacent to Churchdown Community Centre, Parton Road, Churchdown.

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

Is a patient at the GP practice which was the subject of the application but had no personal or prejudicial interest.

Would speak and vote.

Mrs P E Stokes

16/01096/FUL                    42 Brookfield Road, Churchdown.

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

 

Would speak and vote.

P N Workman

16/00663/APP               Part Parcel 0085, Land West of Bredon Road, Tewkesbury.

16/00668/FUL  Land West of Bredon Road, Tewkesbury.

Had been contacted by the applicant to discuss the queries raised at the last Planning Committee and had subsequently attended a meeting where the Planning Officer was also present.

Would speak and vote.

50.3           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.

50.4           There were no further declarations made on this occasion.

51.

Minutes pdf icon PDF 1 MB

To approve the Minutes of the meeting held on 25 October 2016.

Minutes:

51.1           The Minutes of the meeting held on 25 October 2016, copies of which had been circulated, were approved as a correct record and signed by the Chair. 

52.

Development Control - Applications to the Borough Council

52a

Schedule pdf icon PDF 6 MB

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

Decision:

Bishops Cleeve

 

 

16/01086/FUL

7 Ashlea Meadow Bishops Cleeve

Permit

 

 

 

Churchdown

 

 

16/00877/FUL

Land adjacent to Churchdown Community Centre Parton Road

Permit

 

 

Churchdown

 

 

16/01096/FUL

42 Brookfield Road Churchdown

Permit

 

 

Gotherington

 

 

16/00539/OUT

Land at Trumans Farm Manor Lane Gotherington

Refused

 

 

Gotherington

 

 

16/00965/OUT

Parcel 7561 Malleson Road Gotherington

Delegated Permit

 

 

Innsworth

 

 

16/01059/FUL

3 Finch Road Innsworth

Permit

 

 

Teddington

 

 

16/00601/FUL

Teddington Hands Service Station Evesham Road Teddington

Delegated Permit

 

 

Tewkesbury

 

 

16/00663/APP

Part Parcel 0085 Land west of Bredon Road Tewkesbury

Delegated Approve

 

 

Tewkesbury

 

 

16/00668/FUL

Land west of Bredon Road Tewkesbury

Permit

 

 

 

Tewkesbury

 

 

16/00969/FUL

Morrisons Ashchurch Road Tewkesbury

Permit

 

 

Wheatpieces

 

 

16/00762/FUL

107 Cambrian Road Walton Cardiff Tewkesbury

Permit

 

 

Woodmancote

 

 

16/00714/FUL

20 Beverley Gardens Woodmancote

Permit

 

 

 

Minutes:

52.1           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.

16/00601/FUL – Teddington Hands Service Station, Evesham Road, Teddington

52.2           This application was for the retention of a transport café and temporary showers for truck stop use; retention of temporary containers and structures connected with the haulage business and proposed additional vehicle parking; and retention of fuel and Ad Blue tank.  The Committee had visited the application site on Friday 18 November 2016.

52.3           The Chair invited the applicant, William Gilder, to address the Committee.  Mr Gilder indicated that he had relocated his business to Teddington in 2013 and, since that time, it had grown substantially increasing from 40 employees to over 140.  The premises needed to expand in order to secure the future of the business.  The growth had already benefited local people and suppliers; currently 35 employees were from within a six mile radius and some of them were mothers with children who were able to fit their work around family life.  He also pointed out that £5.4M had been spent with local suppliers during the previous year.  The community had been enhanced in other ways including the provision of a shop supplying local produce; provision of a café; facilities for driver training to help produce the next batch of Heavy Good Vehicle (HGV) drivers; and through working with Tewkesbury and Winchcombe Schools, encouraging school leavers to take apprenticeships in transport.  This demonstrated that the business was highly sustainable.  The overnight parking facility for outside hauliers had also expanded and over 400 vehicles had been parked during the last month.  The site was safe and secure with decent showers, toilets and restaurant facilities.  Lack of overnight parking was a real problem for hauliers; lay-bys and industrial estates filled up with trucks each night which were then targeted by thieves for their loads and fuel.  He had engaged with three different Landscape Officers within the Council, each of whom had different opinions which had made addressing landscaping issues very challenging; however, he believed that the extensive sympathetic scheme being proposed mitigated any landscape harm and provided a barrier between the site and the surrounding area.  According to the current Landscape Officer, the site could be seen from a public footpath on top of Teddington Hill; from that same footpath it was also possible to see a travellers’ site; Ashchurch Army Camp, Junction 9 of the M5 and the Teddington Hands roundabout which was used by almost 18,000 vehicles per day, 1,400 of which were his company’s HGVs.  It was intended to ensure that the site was sympathetic to the area and blended into the countryside.  As  ...  view the full minutes text for item 52a

53.

Development Control - Applications to the County Council

To note the following decision of Gloucestershire County Council:

 

Site/Development

Decision

15/00987/CM

Land at Shurdington Road

Shurdington

 

Retention of the Waste Transfer Station by variation of condition 2 of temporary planning permission 14/0046/TWMAJW dated 21/08/2014 which limited to life of the site until 21 August 2015.

Application PERMITTED subject to conditions in relation to the commencement of development; restoration and aftercare; scope of the permission; permitted development; hours of operation; pollution prevention; highway safety; environmental protection and landscaping for the following summary of reasons:

 

“Temporary planning permission has been granted by Planning Committee for a further

period of 10 years, rather than the permanent retention of the site which the operator sought, due to the Green Belt location and permits the Applicant more time to seek an alternative non-Green Belt site. The proposal represents a relatively small scale waste recycling operation; the site is located within the Gloucester Cheltenham Green Belt, where planning permission would not normally be granted because the operation would not preserve the openness of the rural area in accordance with the National Planning Policy Framework.

 

Whilst one statutory consultee has objected to the proposal, 26 local residents and businesses have objected to the continued use of the site for waste recycling.

Objections have been raised on the grounds of noise and dust and traffic generated by the site. A condition requiring the submission of a scheme to surface the access road between the public highway and the site entrance has been imposed in order that the concerns about mud and dust and noise can be addressed. The proposals have taken into account their impact on the environment and impact on the local highway network in accordance with Policy 37 of the Gloucestershire Waste Local

Plan. The benefits of retaining the site, albeit for a temporary period, are considered to outweigh the harm caused to the Green Belt and that very special circumstances applied which provided justification in accordance with Policy WCS13 of the Waste Core Strategy. The resolution of the Planning Committee was that very special circumstances existed that clearly outweighed any potential harm to the Green Belt by virtue of economic, environmental and wider sustainability benefits of this particular site, subject to it being limited to a ten year period.”

 

Minutes:

53.1           The following decision of Gloucestershire County Council was NOTED:

Site/Development

Decision

15/00987/CM

Land at Shurdington Road

Shurdington

 

Retention of the Waste Transfer Station by variation of condition 2 of temporary planning permission 14/0046/TWMAJW dated 21/08/2014 which limited the life of the site until 21 August 2015.

Application PERMITTED subject to conditions in relation to the commencement of development; restoration and aftercare; scope of the permission; permitted development; hours of operation; pollution prevention; highway safety; environmental protection and landscaping for the following summary of reasons:

 

“Temporary planning permission has been granted by Planning Committee for a further

period of 10 years, rather than the permanent retention of the site which the operator sought, due to the Green Belt location and permits the applicant more time to seek an alternative non-Green Belt site. The proposal represents a relatively small scale waste recycling operation; the site is located within the Gloucester Cheltenham Green Belt, where planning permission would not normally be granted because the operation would not preserve the openness of the rural area in accordance with the National Planning Policy Framework.

 

Whilst one statutory consultee has objected to the proposal, 26 local residents and businesses have objected to the continued use of the site for waste recycling.

Objections have been raised on the grounds of noise and dust and traffic generated by the site. A condition requiring the submission of a scheme to surface the access road between the public highway and the site entrance has been imposed in order that the concerns about mud and dust and noise can be addressed. The proposals have taken into account their impact on the environment and impact on the local highway network in accordance with Policy 37 of the Gloucestershire Waste Local

Plan. The benefits of retaining the site, albeit for a temporary period, are considered to outweigh the harm caused to the Green Belt and that very special circumstances applied which provided justification in accordance with Policy WCS13 of the Waste Core Strategy. The resolution of the Planning Committee was that very special circumstances existed that clearly outweighed any potential harm to the Green Belt by virtue of economic, environmental and wider sustainability benefits of this particular site, subject to it being limited to a ten year period.”

 

 

54.

Review of Protocol for Councillors and Officers Involved in the Planning Process pdf icon PDF 66 KB

To consider the proposed amendments to the Protocol for Councillors and Officers Involved in the Planning Process and to put forward any comments for consideration by the Standards Committee at its meeting on 22 November 2016 prior to the revised Protocol being taken to the Council meeting on 6 December 2016.

Additional documents:

Minutes:

54.1           Attention was drawn to the report of the Borough Solicitor, circulated at Pages No.30-113, which set out the outcomes of a review of the Protocol for Councillors and Officers Involved in the Planning Process.  The Planning Committee was asked to consider the proposed amendments to the Protocol and to put forward any comments for consideration by the Standards Committee at its meeting later that afternoon prior to being taken to the Council meeting on 6 December 2016.

54.2           The Borough Solicitor reminded Members that a new Protocol had been adopted by Council in April 2015. This had coincided with the introduction of the Scheme for Public Participation at Planning Committee which the Council had since resolved to continue on a permanent basis.  After being operational for 12 months, the  Protocol had been reviewed by a Joint Working Group of Members from the Planning and Standards Committees and, as well as grammatical and typographical errors, two minor amendments had been identified.  The first related to the practice of allowing Parish Council representatives to attend Site Visits to point out any factual information they felt was necessary.  Unfortunately, this had not tended to be the general experience and there had been occasions when the representatives had attempted to give their views on the application which had resulted in a perception that the process was not open or transparent given that no other statutory consultees were permitted to attend.  It was noted that Parish Councils now had an opportunity to express their views through the Scheme for Public Participation at Planning Committee and, on that basis, the Working Group had considered that Parish Council representatives should no longer be invited to attend Committee Site Visits.  The second amendment related to the Advance Site Visits briefing which was included as a item on the Planning Committee Agenda each month and intended to set out those applications which would be subject to a Committee Site Visit at the appropriate time.  The Borough Solicitor understood that this had not worked particularly well in practice and the document had not been populated for some time.  The Working Group considered it to be unnecessary given the arrangements within the Scheme for Public Participation and the new Protocol and it was recommended that this no longer be included on the Agenda.  The Standards Committee was due to meet later that afternoon to consider the same report and to take on board any comments which Members may have.

54.3           A Member indicated that having Parish Council representatives on site could be useful in terms of local knowledge and, whilst she understood that it was not acceptable for them to express a view, she questioned whether Parish Councils would still be informed when Committee Site Visits were taking place to give them an opportunity to submit any factual information which they felt should be taken into account by Members.  The Borough Solicitor advised that, if the revised Protocol was approved by Council on 6 December, it would be necessary to  ...  view the full minutes text for item 54.

55.

Current Appeals and Appeal Decisions Update pdf icon PDF 101 KB

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

Minutes:

55.1           Attention was drawn to the current appeals and appeal decisions update, circulated at Pages No. 114-119.  Members were asked to consider the current planning and enforcement appeals received and the Department of Communities and Local Government appeal decisions issued in September and October 2016.

55.2           A Member indicated that he was amazed with the decision to allow the proposal for 23 dwellings in Gretton; this would be substantial development for a village of its size.  Furthermore, Gretton had not been identified as a service village in the Joint Core Strategy and he questioned whether a different approach should be taken when developing the Borough Plan i.e. considering all villages and hamlets for development.  The Development Manager indicated that Officers were disappointed with the overall decision as the Council’s case had been well put across but, unfortunately, on this occasion the Inspector had preferred the evidence put forward by the appellant.

55.3           It was

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

56.

Advanced Site Visits Briefing pdf icon PDF 44 KB

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:

56.1           Attention was drawn to the Advanced Site Visits Briefing, circulated at Page No. 120, 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 contained within the briefing.

56.2           It was

RESOLVED          That the Advanced Site Visits Briefing be NOTED.