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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

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Items
No. Item

24.

Announcements

Minutes:

24.1          The Chair advised that the meeting was being held under the emergency provisions of the Coronavirus Act 2020 and, specifically, The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020.  The meeting was being broadcast live via the internet, it was not being recorded by the Council but, under the usual transparency rules, it may be being recorded by others.

24.2          The Chair outlined the procedure for the meeting, including public speaking.

25.

Apologies for Absence and Substitutions

To receive apologies for absence and advise of any substitutions. 

Minutes:

25.1          Apologies for absence were received from Councillor A Hollaway. There were no substitutions. 

26.

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:

26.1          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.

26.2          The following declarations were made:

Councillor

Application No./Agenda Item

Nature of Interest (where disclosed)

Declared Action in respect of Disclosure

E J MacTiernan

Agenda Item 5c –19/00998/FUL –Pamington Farm, Pamington Lane, Pamington.

Agenda Item 5d – 18/00043/OUT Land at Fitzhamon Park, Ashchurch Road, Tewkesbury.

Applicant is known to her but had not been involved in any discussions in relation to these applications.

Would speak and vote.

 

 

 

 

P D Surman

Agenda Item 5e -20/00623/FUL Land Adj Coach House, Shurdington Road, Shurdington.

Is a member of Shurdington Parish Council does not participate in planning matters and is also a personal friend of the applicant.

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

R J E Vines

Agenda Item 5e – 20/00623/FUL  Land Adj Coach House, Shurdington Road, Shurdington.

Is a Gloucestershire County Councillor for the area.

Would speak and vote.

P N Workman

Agenda Item 5c – 19/00998/FUL Pamington Farm, Pamington Lane, Pamington.

Agenda Item 5d – 18/00043/OUT Land at Fitzhamon Park, Ashchurch Road, Tewkesbury

Is a relative of the applicant.

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

26.3          There were no further declarations made on this occasion.

27.

Minutes pdf icon PDF 17 MB

To approve the Minutes of the meeting held on 18 August 2020.

Minutes:

27.1          The Minutes of the meeting held on 18 August 2020, copies of which had been circulated, were approved as a correct record, subject to Appendix 1 as referenced to in those Minutes as attached (additional representations sheet as at the meeting of 18 August 2020) being added as it had been omitted in error.

28.

Development Control - Applications to the Borough Council pdf icon PDF 559 KB

Decision:

 

Item number

Planning number

Site address

Officer recommendation

Committee outcome

5a

20/00504/FUL

51 Cotswold Gardens

Tewkesbury

Permit

Permit

5b

20/00410/FUL

5 Doughmeadow Cottages

Laverton

Permit

Permit

5c

19/00998/FUL

Pamington Farm

Pamington Lane

Pamington

Permit

Permit

5d

18/00043/OUT

Land At Fitzhamon Park

Ashchurch Road

Delegated Permit

Delegated Permit

5e

20/00623/FUL

Land Adj Coach House

Shurdington Road

Shurdington

Refuse

Permit

5f

19/00953/APP

Yew Tree Farm

Tewkesbury Road

Twigworth

Approve

Defer to next Committee

5g

20/00524/APP

Land At Twigworth

Gloucester

Approve

Approve

 

Minutes:

28.1          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.

28a

20/00504/FUL - 51 Cotswold Gardens, Tewkesbury pdf icon PDF 229 KB

PROPOSAL: Erection of a two storey annexe and single storey storage building.

 

OFFICER RECOMMENDATION: Permit

Additional documents:

Minutes:

28.2          This application was for the erection of a two storey annexe and single storey storage building. The application had been deferred at the last meeting for a Planning Committee site visit in order to assess the impact on the neighbouring property and to receive more information in relation to the daylight/sunlight assessment. The Committee had visited the application site on 11 September 2020.

28.3          The Planning Officer advised that the application related to a three storey dwelling located in Tewkesbury and sought the erection of a two storey annexe which was proposed for ancillary accommodation, incidental to the enjoyment of the main house. The application was deferred at the last meeting of the Planning Committee in order that Members may conduct a site visit primarily to assess the impact on the neighbouring property. The section on “Effect on the Living Conditions of Neighbouring Dwellings” in the Officer’s report stated that the two storey element of the building would comply with the 45 rule, which demonstrated that it would not result in an unacceptable reduction in daylight or sunlight to the neighbouring dwelling. An illustrative plan had been circulated at the site visit and was shown at the meeting. Further concerns relating to highways safety had been assessed by the Highway Authority who raised no objection and no objection had been raised by Environmental Health in relation to the size of the internal space. The proposed scheme complied with design and amenity policies; therefore the Officer recommendation was to permit.

28.4          The Chair invited a local resident speaking against the proposal to address the Committee. The local resident thanked the Committee for taking the time to visit the site and indicated that, whilst the applicant had advised the visit would make no difference, he hoped the Committee would be able to see why there was such a strong objection to the development and the impact it would have on the lives of him and his family. He indicated that he would not cover the issue of overshadowing as he had dealt with this in depth at the last meeting, nevertheless, overshadowing remained a major objection. He indicated that he would like to review the purpose of the proposal which the applicant had stated was for Airbnb purposes; the property had, for a number of years, been listed on their website and during August it had been leased out every weekend causing a great deal of distress and upset to the neighbours due to loud parties and noise pollution. The advert for the property offered free on street parking on a road which was already overpopulated by parked cars. The local resident also wished to address the claims made by the applicant at the last meeting that the scheme was required to tackle a privacy matter between Nos. 51 and 53 Cotswold Gardens. The raised decked area beside the kitchen of 53 Cotswold Gardens had always been there and was the only means to access the property from the garden area;  ...  view the full minutes text for item 28a

28b

20/00410/FUL - 5 Doughmeadow Cottages, Laverton pdf icon PDF 229 KB

PROPOSAL: Variation of condition 2 (approved plan) of planning application 17/00599/FUL to allow for the retention of changes to design and size of the extension.

 

OFFICER RECOMMENDATION: Permit 

Additional documents:

Minutes:

28.8          This application was for the variation of condition 2 (approved plan) of planning application 17/00599/FUL to allow for the retention of changes to design and size of the extension. The application had been deferred at the last meeting of Planning Committee in August for a Site Visit to fully understand and assess the proposals. The Committee had visited the application site on 11 September 2020.

28.9          The Planning Officer advised that the property was a mid-terraced dwelling located within the village of Laverton and the variation of condition related to an application granted in 2017 for a single storey rear extension; the aim of which was to regularise alterations made to the external design and size of the extension. The application had been considered at the meeting of the Committee in August when there had been some confusion about what the proposal was seeking to regularise. Whilst a minor amendment was submitted which sought alterations to the roof design and parapet wall, the development was neither constructed in accordance with that amendment nor the original application. Likewise, notwithstanding the opinion of the agent, no alterations had been regularised under any of the three respective condition discharges. In view of this, the current application sought to regularise all deviations to the original permission. These included: increase in height of parapet wall – the parapet was originally permitted at 3 metres in height, the minor permitted it at 3.2 metres in height and the current application, as built, sought it at 3.5 metres in height, a total increase of half a metre; change in roof material – the proposal was originally described to comprise a “sedum green roof”, the minor permitted polyfibre glass  and the application sought as built an EPDM roof; changes to the fenestration – for example the windows and doors on the western and southern elevations; changes to the form and footprint – the original permitted length was 7.7 metres, the minor permitted it at 8 metres with changes to footprint and as built it measured 8.6 metres a total increase of 0.9 metres – the length was amongst other alterations to the footprint layout and height including an overhang and the final changes were to the roof light arrangement – the originally approved roof lights were comprised of two in alignment, the minor granted one large roof light and one small roof light and the current application, as built, sought three roof lights. In concluding her presentation, which visually demonstrated the changes from the original application, the minor and as built, the Planning Officer stated that, whilst the letters of objection received from the Parish Council and local resident had been duly considered, they were not felt to present sufficient cause to warrant a refusal and the Officer recommendation was to permit the application.

28.10        The Chair indicated that there were no public speakers for this item. A Member maintained that it had been good to go on the Site Visit to see what had been permitted  ...  view the full minutes text for item 28b

28c

19/00998/FUL - Pamington Farm, Pamington pdf icon PDF 288 KB

PROPOSAL: Erection of an agricultural building to be used as cubicle housing for dairy herd.

 

OFFICER RECOMMENDATION: Permit 

Additional documents:

Minutes:

28.11        This application was for the erection of a new agricultural building to be used as cubicle housing for a dairy herd. The Committee had visited the application site on 11 September 2020.

28.12        The Planning Officer explained that Pamington Farm was a dairy farm extending to just under 200 acres with a range of modern and traditional farm buildings. The applicants also farmed another agricultural unit in the locality, taking the total farmed area to approximately 350 acres. The dairy herd consisted of approximately 100 pedigree dairy cows which were milked twice a day. The cows were calved on an all year-round system with all dairy herd replacements being reared on the farm. The proposal sought to re-house the existing dairy herd into a purpose-built building in order to promote better animal welfare. The building would be located east of the existing farm complex, situated in the corner of an agricultural field. There were a range of residential properties located to the south of the application site, the nearest of which was situated approximately 37 metres away. Several letters of objection had been submitted relating to the proximity of the building in relation to these residential properties. The new building would be of steel portal framed construction with concrete panels and space boarding above to eaves height. It would measure approximately 30.48 metres by 36.57 metres with a total overall height of 7.9 metres. An additional concrete track would lead to the existing field track which, in turn, would lead out onto an existing access to the B4079. The building could also be accessed from the farm so this would not be the only access. The Planning Officer drew attention to the fact that, as summarised in his report, the proposal would introduce the built form into a currently undeveloped area of pastureland. He judged that, given the size and scale of the building, some landscape impact would occur when viewed from public vantage points. However, the amenity impacts upon the neighbouring properties were deemed acceptable and national and local policy sought to support rural enterprises. Bearing this in mind it was considered that the benefits of the proposed scheme would outweigh the landscape harm and therefore the application was recommended for permit.

28.13        The Chair indicated that there were no public speakers for this item. The Officer recommendation was to permit the application and he sought a motion from the floor. A Member who had attended the Site Visit indicated how useful the visit had been. It was a working farm with the usual smells and muck associated with it; there was no intention to increase the herd and she did not feel that the erection of this building would result in any additional impact on what was already in existence. The conditions included additional landscaping and, on that basis, she was more than happy to propose that the application be permitted. The Member seconding the proposal concurred with the proposer and explained how important these buildings were  ...  view the full minutes text for item 28c

28d

18/00043/OUT - Land at Fitzhamon Park, Ashchurch Road pdf icon PDF 319 KB

PROPOSAL: Outline planning application for the erection of up to 90 houses, a care home, community land and associated works. 

 

OFFICER RECOMMENDATION: Delegated Permit

Additional documents:

Minutes:

28.14        This was an outline application for the erection of up to 90 houses, a care home, community land and associated works.

28.15        The Planning Officer reminded Members that, at the meeting of the Planning Committee on 16 July 2019, it was resolved to delegate permission of this application to the Technical Planning Manager, subject to a number of matters which included the completion of a Section 106 Agreement, the drafting of which was well advanced. Since the Committee resolution, which also included associated contributions, the County Council’s Section106 Officer had provided further evidence to justify the requested education and library contributions and thus the required tests set out in Paragraph 5.1 of the report had been met. In respect of education, the Council had been informed that the proposed development would give rise to a pre-school pupil yield of 27, a primary yield of 36.9 and a secondary yield of 27.9. Similarly, the development would generate a need for extra library resources and therefore the update report set out the associated Section 106 contributions towards the provision of these extra facilities. Other updates in relation to the application included the Council’s Environmental Health Officer confirming that there was no need for further restrictions to construction hours beyond those set out in Condition 23 of the Committee report, but that an extra condition be added to provide for mitigation measures from the nearby shooting range if necessary. The Lead Flood Authority had raised no objections to the proposed development and relevant conditions were awaited and the Local Highway Authority had agreed with the request from Members for the provision of electric vehicle charging points which would be secured by condition. There had been no material changes in circumstances since the previous resolution and therefore the application was recommended for a delegated permit.

28.16        The Chair indicated that there were no public speakers for this item. In proposing the Officer recommendation, a Member sought confirmation that the pupil yield had been provided by the Local Education Authority as he was aware that there had previously been problems with the provision of sufficient finance to provide the required education facilities. The Planning Officer confirmed that this was the case. The proposal was seconded and the seconder indicated how great it was to see that additional electric charging points would be provided, there were conditions in connection with noise levels and construction hours and that the Section 106 covered serviced land for community use which should provide a guarantee that the land would be passed to the community. Another Member wished to flag up some concerns about recycling and waste bins and the cost of £73 per household included in the Section 106 Agreement. He felt that a more strategic view of this matter was required, as more and more houses were built there would become a need for new rounds with additional vehicles and additional staff and this needed to be taken into consideration going forward. The Planning Team Leader (North Area)  ...  view the full minutes text for item 28d

28e

20/00623/FUL - Land Adj Coach House, Shurdington Road pdf icon PDF 231 KB

PROPOSAL: Engineering operations to upgrade an historic access track

 

OFFICER RECOMMENDATION: Refuse

Additional documents:

Minutes:

28.20        This application was for engineering operations to upgrade an historic access track.

28.21        The Planning Officer advised that the site was a paddock to the north of Lowther House which had an access off the Shurdington Road with boundary hedges to the north and west and trees and hedgerow to the east and south. The site was in the Green Belt. The proposal was for the retention of engineering operations to form a new access track from Shurdington Lane to serve the Coach House which had been converted and extended to form a dwelling. The track crossed across the paddock from the existing gated field access in the north east corner to the south west corner. The materials were type 1 aggregate. The Planning Officer explained that the Coach House had been permitted for conversion to a dwelling with the access via a drive running along the northern side of Lowther House. To facilitate construction, a temporary access to serve the Coach House was created under permitted development for temporary uses. The proposal would create a permanent residential access, by upgrading the temporary access, to serve The Coach House extending the residential curtilage into agricultural land. It was the Planning Officer’s view that the proposal would be contrary to saved Local Plan Policy HOU10 which considered that the change of use of agricultural land to residential curtilage would not be permitted if there was a visual impact on the  form or character of the settlement and if there is significant encroachment into the surrounding countryside. Within the Green Belt such proposals would not normally be permitted due to the objectives of its designation. In terms of Policy SD6, landscape character, it was considered that the track as a residential driveway would differ from an agricultural track. Improvements to the existing access were proposed setting the gates back by 5 metres with a bell mouth. There was a requirement from County Highways for the surface to be a bound material and the proposal would result in the removal of some existing trees and hedgerow. The formalised and engineered access would have an urban appearance at odds with the existing rural character and appearance of the immediate area. Engineering operations were not considered inappropriate development provided they preserved the openness of the Green Belt and did not conflict with the purposes of land within it. The assessment of openness was a planning judgement based on the circumstances of the case. The Planning Officer’s report set out the assessment of openness in which it was considered that the regular vehicular movements along the track, the visual impact of the track itself and the formalised engineered access would impact on the openness of the Green Belt in this location. The Highway Authority had no objection to the proposed alterations to the existing access, subject to conditions regarding the gates opening inwards and 5 metres of bound material from the public highway. There had been an update received from the Tree Officer with regard  ...  view the full minutes text for item 28e

28f

19/00953/APP - Yew Tree Farm, Twigworth pdf icon PDF 291 KB

PROPOSAL: Application for the approval of reserved matters (appearance, landscaping, layout, and scale) pursuant to outline planning permission reference 17/00852/OUT for the erection of up to 74 dwellings with public open space, landscaping and sustainable drainage system (SuDS).

 

OFFICER RECOMMENDATION: Delegated Approve

 

Additional documents:

Minutes:

28.25        This application was for the approval of reserved matters (appearance, landscaping, layout and scale) pursuant to outline planning permission reference 17/00852/OUT for the erection of up to 74 dwellings with public open space, landscaping and sustainable drainage system (SuDS).

28.26        The Planning Officer referred to the Committee report and stated that it was apparent that the submitted plans did not accurately show the location of a number of residential park homes that had been positioned close to the boundary of the site, specifically there were park homes located to the south west corner of the site. The plans currently detailed a large dwelling proposed in this location which was shown as plot 53. This plot would be in close proximity to the park homes and the current relationship shown on the submitted plans was considered to be unacceptable. Whilst the applicant had sought to address this matter it had not yet been fully resolved to the satisfaction of the Planning Officer. Further to the email from the applicant, set out in the additional representations, revised plans had been submitted late the previous day and early this morning showing the removal of plot 53 and it was envisaged that this matter would be dealt with at a later stage under a separate application. Whilst the removal of plot 53 addressed the immediate issue in terms of the potential impact on the park homes close to the south west corner of the site, the submitted plans were not yet formally in the public domain. Importantly those plans had not yet been subject to consultation and had not been seen by either the Parish Council or the affected park home residents. In the light of these matters the Officer recommendation was to defer the application to allow for further consultation with interested parties.

28.27        The Committee agreed with the Officer recommendation and it was proposed and seconded and, upon being put to the vote, it was

RESOLVED           That the application be DEFERRED to allow for further consultation on the revised plans with interested parties.

28.28        The Chair questioned whether the application would come back to next month’s Planning Committee and the Planning Team Leader (South Area) indicated that this would be the aim subject to all the necessary information being available and there being sufficient time to complete the required consultations.

28g

20/00524/APP - Land at Twigworth pdf icon PDF 344 KB

PROPOSAL: Approval of Reserved Matters (Access, Appearance, Landscaping, Layout and Scale) comprising Phase 1b of Outline Permission Ref: 15/01149/OUT for the erection of 154no. dwellings and associated public open space, engineering operations, drainage infrastructure and landscaping.

 

OFFICER RECOMMENDATION: Delegated Approve

 

Additional documents:

Minutes:

28.29        This application was for the approval of reserved matters (access, appearance, landscaping, layout and scale) comprising Phase 1b of outline permission 15/01149/OUT for the erection of 154 dwellings and associated public open space, engineering operations, drainage infrastructure and landscaping.

28.30        The Planning Officer advised that the proposal was the third reserved matters application for housing at the Twigworth strategic allocation. It related to phase 1b of the wider development. The principle of this development had already been established through the outline permission and therefore this application related solely to the approval of the access, layout, appearance, scale and landscaping. Whilst an indicative masterplan document was submitted with the original outline application, a condition required a Site Wide Masterplan Document to be submitted to the Council which had since been approved. The condition required all Reserved Matters applications to be in accordance with the approved document and a two-dimensional layout drawing was shown to the Committee which had been approved as part of the Site Wide Masterplan Document. The application now before Members had been primarily assessed in accordance with that document. The application also had regard to the outline consent, the Section 106 Agreement and the details approved under other conditions attached to the outline consent. Turning specifically to the layout, the Planning Officer considered that the road layout, block sizes and location of the Public Open Space were generally in accordance with the Masterplan. The Planning Officer also considered that the layout, scale and appearance accorded with the Character Areas described in the Masterplan and, to demonstrate this, sample street scenes were shown. The proposal was also acceptable in terms of residential amenity. With regard to landscaping, the strategy for the wider development was for a network of open spaces and green corridors. The proposed planting was consistent with what was approved on Phase 1a and was in accordance with the Site Wide Masterplan Document. The application also included a village green with a local equipped area for play. As indicated on the additional representations document that had been circulated, the submitted details were now considered to be acceptable and in accordance with the Section 106 Agreement. In regard to access, again, as indicated on the additional representations document, further details had been submitted in respect of the proposed shared surfaces and the Highways Officer had advised that the proposed design revisions now provided a visually contrasting surface to assist persons with a visual impairment as well as providing a comfort space from vehicles. The revisions also created a visual narrowing of the carriageway space which would assist in maintaining a slow speed environment and the proposal was now considered to be acceptable in this regard. In summary, the proposal was considered to accord with the outline consent and the Site Wide Masterplan Document approved under that consent. In the light of the revisions put forward, the Planning Officer stated that the scheme was now recommended for approval as opposed to the delegated approval set out in the  ...  view the full minutes text for item 28g

29.

Current Appeals and Appeal Decisions Update pdf icon PDF 366 KB

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

Minutes:

29.1          Attention was drawn to the current appeals and appeal decisions update, circulated at Pages No. 171-176. Members were asked to consider the current planning and enforcement appeals received and the Ministry of Housing, Communities and Local Government appeal decisions issued.

29.2          It was

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