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Agenda, decisions and minutes

Venue: Tewkesbury Borough Council Offices, Severn Room

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

Items
No. Item

43.

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:

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

43.2           The Chair gave a brief outline of the scheme and the procedure for Planning Committee meetings including public speaking.

44.

Apologies for Absence and Substitutions

To receive apologies for absence and advise of any substitutions. 

Minutes:

44.1          Apologies for absence were received from Councillor P N Workman.  There were no substitutes for the meeting. 

45.

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:

45.1           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.

45.2           The following declarations were made:

Councillor

Application No./Agenda Item

Nature of Interest (where disclosed)

Declared Action in respect of Disclosure

G F Blackwell

19/00738/APP Parcel 3745,            Land at Pirton Fields, Cheltenham Road East, Churchdown.

Is a Member of Churchdown Parish Council but does participate in planning matters.

Would speak and vote.

R D East

General declaration.

Had received emails in relation to various applications but had not expressed an opinion.

Would speak and vote.

A Hollaway

19/01012/FUL Home Farm, Stockwell Lane, Woodmancote.

Is a Borough Councillor for the area.

Had received an email from the applicant in relation to the application but had not expressed an opinion.

Would speak and vote.

M L Jordan

19/00498/FUL Land Adjacent to Rosedale House, Main Road, Minsterworth.

The owner of the property is known to her.

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

M L Jordan

19/00738/APP Parcel 3745,            Land at Pirton Fields, Cheltenham Road East, Churchdown.

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

Would speak and vote.

J R Mason

19/00726/FUL                  4 Cheltenham Road, Winchcombe.

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

Would speak and vote.

P W Ockelton

19/00726/FUL                4 Cheltenham Road, Winchcombe.

Had received an email from a neighbour in relation to the application but had not expressed an opinion.

Would speak and vote.

P W Ockelton

19/00436/FUL Spring Farm, Wainlode Lane, Norton.

Had received an email from the Technical Planning Manager in relation to the application but had not expressed an opinion.

Would speak and vote.

P W Ockelton

18/01179/FUL Land East of Old Gloucester Road, Staverton.

Had received an email from the agent in relation to the application but had not expressed an opinion.

Would speak and vote.

R J E Vines

19/00653/FUL Hillview at the Rear of Ashley Villa, Badgeworth Lane, Badgeworth.

Is a Gloucestershire County Councillor for the area.

Would speak and vote.

M J Williams

19/00436/FUL Spring Farm, Wainlode Lane, Norton.

Has a property interest in the application.

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

45.3          There were no further declarations made on this occasion.

46.

Minutes pdf icon PDF 4 MB

To approve the Minutes of the meeting held on 17 December 2019.

Minutes:

46.1          The Minutes of the meeting held on 17 December 2019, copies of which had been circulated, were approved as a correct record and signed by the Chair. 

47.

Development Control - Applications to the Borough Council

47a

Schedule pdf icon PDF 4 MB

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

Decision:

Parish and Reference

Address

Decisions

Item/page number

 

Winchcombe

 

 

 

19/00726/FUL

4 Cheltenham Road Winchcombe Cheltenham Gloucestershire

Split Decision

1/563

Click Here To View

 

Norton

 

 

 

19/00436/FUL

Spring Farm Wainlode Lane Norton Gloucester

Permit

2/569

Click Here To View

 

Bishops Cleeve

 

 

 

19/00569/FUL

2 Haylea Road Bishops Cleeve Cheltenham Gloucestershire

Permit

3/575

Click Here To View

 

Badgeworth

 

 

 

19/00653/FUL

Hillview At The Rear Of Ashley Villa Badgeworth Lane Badgeworth

Permit

4/579

Click Here To View

 

Woodmancote

 

 

 

19/01012/FUL

Home Farm Stockwell Lane Woodmancote Cheltenham

Permit

5/586

Click Here To View

 

Minsterworth

 

 

 

19/00498/FUL

Land Adjacent To Rosedale House  Main Road Minsterworth Gloucestershire

Delegated Permit

6/590

Click Here To View

 

Churchdown

 

 

 

19/00738/APP

Parcel 3745 Land At Pirton Fields Cheltenham Road East Churchdown

Delegated Approve

7/598

Click Here To View

 

Staverton

 

 

 

18/01179/FUL

Land East Of Old Gloucester Road Staverton  Gloucestershire GL51 0TG

Minded to Refuse

8/607

Click Here To View

Minutes:

47.1           The Technical Planning 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.

19/00726/FUL – 4 Cheltenham Road, Winchcombe

47.2           This application was for the erection of a single storey side and two storey rear extension to replace existing lean-to and single storey rear extension and erection of a detached garden store.  The application had been deferred at the Planning Committee meeting on 17 December 2019 in order to negotiate a repositioning of the toilet extension.

47.3          The Planning Officer advised that the application had been deferred by the Committee in December to allow options to be explored to omit a downstairs toilet from the scheme in order to improve any potential impacts on the neighbouring amenity.  Officers believed that the applicant had addressed these concerns by omitting the toilet from the scheme and they had submitted a revised floor plan and section showing that the new single storey extension would be used as a utility room and not as a toilet.  The Additional Representations Sheet, attached at Appendix 1, included further objections which raised concern over land ownership and Members were advised that this was not a planning matter.  As such, the Officer recommendation remained as permit.

47.4          The Chair invited a local resident speaking in objection to the proposal to address the Committee.  The local resident indicated that it was her understanding, which was confirmed by the Minutes of the Planning Committee meeting on 17 December 2019, that the applicant had been asked to secure a more appropriate design and to reposition the side extension, referenced as the toilet extension in the Minutes; however, they had not done this, they had removed the image of the toilet and washbasin and left the proposed extension structure in place with the same height and length dimensions.  This was purely cosmetic and, she believed, non-compliant with the instructions.  She hoped that the instruction given in December remained and reiterated that, if for any reason the proposed structure were to be built, there was nothing to stop the applicants inserting a toilet, washbasin and associated pipework in future.  Whilst this had a direct impact on her property, the adjacent property owners also had continued objections.  For the purposes of clarification, she pointed out that the current structure was an outbuilding – a shed – and did not form part of the current habitable footprint.  It was only accessible from the outside rear garden and not internally.  The applicant had changed the description from a garage to a lean-to and the applicant had confirmed that it was low enough for her to brush the top of her head; it was not an  ...  view the full minutes text for item 47a

48.

Current Appeals and Appeal Decisions Update pdf icon PDF 255 KB

To consider current planning and enforcement appeals and Ministry of Housing, Communities and Local Government (MHCLG) appeal decisions.

Minutes:

48.1           Attention was drawn to the current appeals and appeal decision update, circulated at Pages No. 46-49.  Members were asked to consider the current planning and enforcement appeals received and the Ministry of Housing, Communities and Local Government appeal decisions issued.

48.2          In response to a Member query regarding the Fiddington appeal, the Technical Planning Manager confirmed that a decision had originally been expected in December but had been delayed due to the UK Parliamentary Election and was now due by the end of the week; he undertook to ensure Members were notified as soon as it was received.  Another Member noted there were several appeals relating to smallholdings at Warren Fruit Farm and he questioned if there was a reason for that.  In response, the Technical Planning Manager explained that it was a very complex site with a significant history.  This would now be dealt with via a Public Inquiry which he anticipated would take place in the summer.

48.3          It was

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

49.

Annual Review of Planning Committee Decision-Making 2018/19 pdf icon PDF 418 KB

To consider the contents of the report and whether a workshop for Planning Committee Members and Planning Officers on the planning policy context for Green Belt applications would be beneficial.

Additional documents:

Minutes:

49.1          Attention was drawn to the report of the Head of Development Services, circulated at Pages No. 50-62 which provided the annual review of Planning Committee decisions for 2018/19.  Members were asked to consider the report and whether a workshop for Planning Committee Members and Planning Officers on the planning policy context for Green Belt applications would be beneficial.

49.2          The Head of Development Services explained that the Planning Committee could, and did, make decisions which were different from the Officer recommendation due to the weight attributed to the material considerations and this report provided an analysis of that.  Appendix 1 to the report provided details of the Planning Committee decisions from April 2018 to March 2019 and the annual Planning Committee decisions that differed from the Officer recommendation dating back to 2016.  The table at Page No. 52, Paragraph 2.4 of the report showed the percentage of overturned decisions year by year and demonstrated a consistent rate.  Appendix 2 to the report provided details of each application where the Committee decision differed from the Officer recommendation, including a summary of reasons for the recommendation and the reasons why it was overturned.  It was noted that six of the nine applications that were overturned had related to applications in the Green Belt.  Appendix 3 to the report contained information about the four appeals against Planning Committee decisions made in 2018/19; two of the appeals had been made against decisions where the Planning Committee had taken a different view to the Officer recommendation and one had been allowed and one dismissed.  No costs had been awarded against the Council in those appeals.  On the basis that there had been a high number of overturns relating to Green Belt applications, it was felt that Members and Officers may benefit from a workshop to enable further assessment of this matter.

49.3          A Member found it heartening to see that Inspectors did not always agree when developers used the fact that Tewkesbury Borough Council could not demonstrate a five year housing land supply to try to get a decision overturned in order to gain planning permission.  The Lead Member for Built Environment thanked the Head of Development Services for the informative report which had confirmed what she thought in that the Committee was generally doing a good job.  She pointed out that the Tewkesbury Borough Plan Working Group had been asked to look at the Green Belt and it was agreed that a Supplementary Planning Document (SPD) would be produced in order to set out how to consider extensions to premises in the Green Belt.  She welcomed the suggestion of a workshop but felt it was necessary to also consider the SPD and how to make it easier for those living in the Green Belt to extend their properties whilst taking account of the National Planning Policy Framework guidance in respect of Green Belt policies.  A Member was also supportive of a workshop and asked that consideration be given to holding this during the  ...  view the full minutes text for item 49.