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Agenda, decisions and minutes

Venue: Tewkesbury Borough Council Offices, Severn Room

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

Items
No. Item

33.

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:

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

33.2          The Chair gave a brief outline of the procedure for Planning Committee meetings, including public speaking and welcomed the new Interim Development Manager to the meeting.

33.3          The Committee then observed a one minute silence to mark the death of Honorary Alderman Michael Beresford.

34.

Apologies for Absence and Substitutions

To receive apologies for absence and advise of any substitutions. 

Minutes:

34.1          Apologies for absence were received from Councillors K Berliner, R A Bird, M A Gore, E J MacTiernan, R J E Vines and P N Workman.  There were no substitutes for the meeting. 

35.

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:

35.1          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.

35.2          The following declarations were made:

Councillor

Application No./Agenda Item

Nature of Interest (where disclosed)

Declared Action in respect of Disclosure

G F Blackwell

Agenda Item 5c – 22/00223/FUL – Field to the West of Hucclecote Lane, Churchdown.

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

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

Would speak and vote.

M L Jordan

Agenda Item 5c – 22/00223/FUL – Field to the West of Hucclecote Lane, Churchdown.

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

Would speak and vote.

P E Smith

Agenda Item 5c – 22/00223/FUL – Field to the West of Hucclecote Lane, Churchdown.

Lives about a third of a mile from the application site but would not be any impact.

Would speak and vote.

R J G Smith

Agenda Item 5c – 22/00223/FUL – Field to the West of Hucclecote Lane, Churchdown.

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

Would speak and vote.

35.3          There were no further declarations made on this occasion.

36.

Minutes pdf icon PDF 2 MB

To approve the Minutes of the meeting held on 18 October 2022.

Minutes:

36.1          The Minutes of the meeting held on 18 October 2022, copies of which had been circulated, were approved as a correct record and signed by the Chair. 

37.

Development Control - Applications to the Borough Council pdf icon PDF 1 MB

Decision:

Item No.

Planning reference

Site address

Officer recommendation

Committee outcome

5a

21/01551/APP

Land At Fiddington

Ashchurch

Delegated Approve

Delegated Approve

5b

22/00465/APP

Land To The South Of Down Hatherley Lane

Down Hatherley

Approve

Approve

5c

22/00223/FUL

Field To The West Of Hucclecote Lane

Churchdown

Permit

Deferred for Site Visit

5d

22/00811/FUL

Barclays Bank

133 - 134 High Street

Tewkesbury

Permit

Permit

5e

22/00621/FUL

Hillside Cottage

Stockwell Lane

Cleeve Hill

Permit

Permit

5f

22/01020/FUL

26 Vine Way

Tewkesbury

Delegated Permit

Delegated Permit

5g

22/00926/LBC

39 Church Street

Tewkesbury

Consent

Consent

 

 

Minutes:

37.1          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.

37a

21/01551/APP - Land at Fiddington pdf icon PDF 320 KB

PROPOSAL: Reserved matters application for Phase 2 (parcel H1) for access, appearance, landscaping, layout and scale for the erection of 114 dwellings (use class C3) pursuant to outline permission 17/00520/OUT.

 

OFFICER RECOMMENDATION: Delegated Approve

Additional documents:

Minutes:

37.2          This was a reserved matters application for Phase 2 (parcel H1) for access, appearance, landscaping, layout and scale for the erection of 114 dwellings (use class C3) pursuant to outline permission 17/00520/OUT.

37.3          The Development Management Team Leader advised that, as detailed on the Additional Representations Sheet, attached at Appendix 1, further to the preparation of the Committee report, the Landscape Adviser and Environment Agency had confirmed they had no objection to the application.  Severn Trent Water had been provided with additional information by the applicant on the sewage outfall and a response was awaited.  Members were therefore requested that this be resolved at Officer level as per the recommendation for delegated approval.  She confirmed that the applicant had technical consent from Severn Trent Water to make that connection but this needed to be tied up at the planning end.  She went on to advise that this was a reserved matters application seeking approval for access, appearance, layout, scale and landscaping for 114 dwellings – 75 open market and 39 affordable dwellings – as well as open space and infrastructure, pursuant to the outline application for up to 850 dwellings on the wider site.  The current reserved matters application represented the whole of the phase 2 residential area of the approved outline scheme which was defined in the approved phasing plan.  This was the first phase of residential development to come forward on the site.  The principle of residential development at this site had been established through the grant of outline planning permission and the key principles guiding the reserved matters applications had been approved by the Local Planning Authority through the outline consent and the approval of a Site Wide Masterplan document.  The current application sought approval of reserved matters pursuant to the outline planning permission and the approved Site Wide Masterplan document and the key issues to be considered in this application were access, appearance, landscaping, layout, scale and compliance with the approved documents, including the Site Wide Masterplan.  A number of matters which were the subject of other outline planning conditions were also considered within this application including affordable housing, housing mix, surface water and foul drainage. 

37.4          As set out in the Committee report, Officers had carefully considered the application and were of the view that the reserved matters were in accordance with the Site Wide Masterplan document aspirations and of an appropriate design.  County Highways had confirmed the access, internal road layout and car parking provision were acceptable and in accordance with the Site Wide Masterplan.  Officers were satisfied that the mix and clustering of affordable housing was in accordance with the requirements of the Section 106 Agreement attached to the outline permission, including being tenure blind and of a high quality; similarly, the market housing mix was considered acceptable for this phase of development.  In terms of flood risk and drainage, the outline permission included a drainage strategy for the site and the reserved matters must include comprehensive drainage details for each phase  ...  view the full minutes text for item 37a

37b

22/00465/APP - Land to the South of Down Hatherley Lane, Down Hatherley pdf icon PDF 190 KB

PROPOSAL: Approval of reserved matters (appearance, landscaping, layout and scale) pursuant to outline planning permission 19/00771/OUT for the erection of 32 dwellings.

 

OFFICER RECOMMENDATION: Approve

Additional documents:

Minutes:

37.9          This was an approval of reserved matters application (appearance, landscaping, layout and scale) pursuant to outline planning permission 19/00771/OUT for the erection of 32 dwellings.

37.10        The Senior Planning Officer advised that outline planning permission, with all matters reserved except access, had been granted for the erection of up to 32 new homes including affordable housing, access, drainage and other associated works.  The reserved matters proposal would provide 32 dwellings which would be accessed from a central cul-de-sac estate road with the dwellings located either side.  The proposal would provide an area of public open space to the northern corner of the site along with an attenuation basin and landscaping throughout the site itself.  The proposal would provide 11 affordable dwellings, as required by the original permission, with the mix and tenure providing approximately 70% affordable rented and 30% shared ownership in line with the completed Section 106 Agreement.  The proposed layout was broadly similar to that illustrated within the original application and sought to follow the indicative design approach and details within the additional supporting documents.  It was considered that the proposal would result in a development with an acceptable appearance, layout and scale which was compliant with the conditions attached to the original outline consent and would result in a high quality development which would complement the character of the village as a whole.  The development proposed areas of informal landscaping, acting as green buffers between the proposed housing and informal areas of public space.  Green verges were also proposed within the internal footpaths of the site.  It was considered that, as a result of the design, layout and separation distances, there would be no undue impact on the residential amenity of existing and future residents of the site.  As detailed in the Committee report, it was concluded that the proposal would accord with the outline consent and parameters therein and was acceptable in terms of access, layout, scale, appearance and landscaping.

37.11        The Chair invited the applicant’s representative to address the Committee.  The applicant’s representative explained that the site was allocated for housing in the Joint Core Strategy and had outline planning permission which was granted by the Committee in March 2021.  As set out in the report, the details of the access were approved at the outline stage.  As a result, the matters before Members today related to the remaining reserved matters of appearance, landscaping, layout and scale.  The overarching design principle was based around making a feature of the Oak tree in the front corner of the site.  It was felt that the scheme complied with the Council’s policies on design and those that protected neighbouring residents.  It provided a policy compliant mix of homes with 11 affordable dwellings, of which 70% would be rent.  The applicant’s representative noted the concerns raised by the Parish Council in respect of flooding and that there was sometimes standing water on the site due to the late-Victorian drains not working properly.  In response to those concerns, he  ...  view the full minutes text for item 37b

37c

22/00223/FUL - Field to the West of Hucclecote Lane, Churchdown pdf icon PDF 208 KB

PROPOSAL: Change of use of agricultural land to secure dog walking/exercise area and associated works, including car parking area and improved access.

 

OFFICER RECOMMENDATION: Permit.

Additional documents:

Minutes:

37.14        This application was for change of use of agricultural land to a secure dog walking/exercise area and associated works, including car parking area and improved access.

37.15        The Planning Officer advised that the field was situated on the west side of Hucclecote Lane and approximately 200 metres to the south of the settlement of Churchdown within designated Green Belt land.  The field had a road frontage to Hucclecote Lane of approximately 100 metres which included an existing field access.  The overall site area was 1.57 hectares.  The field was formerly agricultural use and was securely fenced with wire mesh secured to timber posts at three metre intervals around the boundary.  There were some mature trees and hedgerow on the road frontage and around its perimeter.  To the north of the site was a dwelling house, Four Gables, to the east – and on the other side of Hucclecote Lane – was a small woodland and a Severn Trent Water pumping station and the grounds of Chosen Hill House lay to the south.  No objections had been received from statutory consultees subject to conditions and it was considered that the proposal would not result in any undue harm as outlined in the Committee report, therefore, it was recommended that the application be permitted.

37.16        The Chair invited a local resident speaking in objection to the application to address the Committee.  The local resident indicated there were a number of fundamental reasons why this retrospective application should be refused - loss of agricultural land should be resisted; Policy CHIN 13 should be upheld to preserve the views; the local amenity would be adversely affected due to the noise and greatly increased activity that would take place in contravention of Joint Core Strategy Policy SD4 and Policy SD14 – the opening times proposed were of little comfort and he stressed the close proximity of the field to adjacent residents some 10 metres away; the car park when fenced with 1.8 metre wire mesh would be more intrusive than it was currently which contravened Policy CHIN 13; Gloucestershire County Council had given no consideration to the increased water run-off from the site – there was a history of safety problems concerning run-off that had been successfully addressed but which had now returned; the Council’s Tree Officer had stated that that Oak trees, which were protected by Tree Preservation Orders, had already been impacted which conflicted with Tewkesbury Borough Plan Policy LAN1; and, the Environmental Health Officer had originally recommended a Noise Management Plan as one of three conditions which would have required sign-off by the Local Planning Authority - there was no indication why this was no longer included.  The local resident urged Members to consider the impact the proposal would have and to refuse the application.  If Members could not refuse the application, it should be within their remit to insist on more stringent conditions which he suggested should include: the car park being relocated further from the neighbours and away from  ...  view the full minutes text for item 37c

37d

22/00811/FUL - Barclays Bank, 133-134 High Street, Tewkesbury pdf icon PDF 244 KB

PROPOSAL: Change of use from bank (use class Ec(i)) to takeaway (sui generis) on the ground floor; two 1-bed, one person flats on the first floor and one 1-bed, two person flat on the second floor (use class C3).

 

OFFICER RECOMMENDATION: Permit

Additional documents:

Minutes:

37.24        This application was for change of use from bank (class Ec(i)) to takeaway (sui generis) on the ground floor, two 1-bed, one person flats on the first floor and one 1-bed, two person flat on the second floor (use class C3).

37.25        The Planning Officer advised that the site was located within Tewkesbury Town Centre, amongst the primary shopping frontage and sandwiched between two Grade II* listed buildings within Tewkesbury Conservation Area.  The only external changes proposed were painting the windows and doors and installation of extraction/ventilation equipment.  No objections had been received from statutory consultees, subject to conditions, and Officers felt the proposal would not result in any undue harm, as outlined in the Committee report.  Therefore, it was recommended that the application be permitted.

37.26        The Chair invited the applicant’s agent to address the Committee.  The applicant’s agent indicated that he fully endorsed the Committee report and wished to highlight a number of key issues.  The Committee report was very clear and firm about the legal requirement to make decisions in accordance with the Tewkesbury Borough Plan and was equally clear the application was in accord with the plan where policies required the approval of applications which met policy. This was a change of use application and no physical development to change the appearance was proposed, similarly, no application had been made for advertisement or signage.  The applicant’s agent noted that the Conservation Officer had raised no objection to the proposal.  The property was currently empty and a dead frontage on the High Street with vacant floorspace on upper floors.  Its current lawful use was as a bank which was not an A1 use and the development plan stated that banks and the proposed use were both retail uses – Paragraphs 8.9 and 8.12 of the Committee report were particularly relevant in that respect.  This proposal would create an active frontage and increase footfall along this part of the High Street and would add housing stock in the most sustainable location.  The retail and residential elements of the proposal must be considered together and could not be separated.  Officers had raised no objections in respect of technical matters, such as noise, ventilation and traffic.  The applicant’s agent hoped Members would follow the Officer recommendation and permit the application in line with Tewkesbury Borough Plan policies and return an active retail use to the High Street along with residential accommodation.

37.27        The Chair indicated that the Officer recommendation was to permit the application and he sought a motion from the floor.  It was proposed that the application be permitted subject to an amendment to condition 7 to change the opening hours to 0800 to 2300 rather than 0800 to 2400 to bring this in line with other businesses in the area in accordance with the point raised by the Town Council.  The Planning Officer confirmed that the applicant’s agent had agreed to that change and the proposal was duly seconded.  A Member drew attention to the proposed floor  ...  view the full minutes text for item 37d

37e

22/00621/FUL - Hillside Cottage, Stockwell Lane, Cleeve Hill pdf icon PDF 157 KB

PROPOSAL: Demolition of existing orangery and replacement with two storey extension; alterations to existing detached garage.

 

OFFICER RECOMMENDATION: Permit

Additional documents:

Minutes:

37.28        This application was for demolition of existing orangery and replacement with two storey extension and alterations to existing detached garage.

37.29        The Planning Officer advised that the application site comprised a large plot which was well screened by mature trees and hedging.  The site was within the Area of Outstanding Natural Beauty. The original proposal was for a two storey side extension with a flat roof; however, revised plans had been requested to improve the design and fenestration.  When the revised plans were submitted on 14 November, as well as improving the overall design/fenestration, the extension roof had been changed to a pitched one.  A Committee determination was required as the Parish Council had objected on the grounds of overdevelopment, harm to the Area of Outstanding Natural Beauty and loss of privacy for the immediate neighbours.  Whilst the Parish Council’s concerns had been noted, the plot and dwelling were a substantial size, considered capable of accommodating the proposed works, and would not result in overdevelopment.  In terms of the impact on the Area of Outstanding Natural Beauty, the site was very well screened from the road and barely visible when travelling along Stockwell Lane.  With regard to residential amenity, there would be some increased overlooking but, given the distances and existing vegetation, it was considered that it would not result in demonstrable harm to the living conditions of the immediate occupiers.  Overall, the proposal as revised was considered, on balance, to be of a suitable size and design and the impact on the residential amenity of neighbouring properties would not be adverse.  As such, the Officer recommendation was to permit the application.

37.30        The Chair invited a representative from Woodmancote Parish Council to address the Committee.  The Parish Council representative expressed the view that the changes to the design to maintain the Cotswold vernacular and the distinctiveness of this particular section of the Cotswold escarpment were most welcome.  Notwithstanding this, the Parish Council asked the Committee to refuse planning permission on the basis that the overall scale of the development was excessive and the invasion of privacy needed to be considered in the context of the steep gradient between Hillside Cottage and Edgehill, the fact it was a rural location and whether it was necessary to permit the second storey over the orangery which looked straight into the bedroom of Edgehill given the size of the proposed development and its plot.  If Members were in favour of granting planning permission, the Parish Council asked that two additional conditions be included to require submission of a landscape plan incorporating natural screening between Edgehill and Hillside Cottage, and maintenance thereof in perpetuity, and only permeable hardscaping to minimise any increase in surface water flood risk as advised under the 2018 Supplementary Planning Document; and that the garage was ancillary to the main dwelling and could not be used as separate accommodation.

37.31        The Chair invited the applicant’s agent to address the Committee.  The applicant’s agent indicated that great care had been  ...  view the full minutes text for item 37e

37f

22/01020/FUL - 26 Vine Way, Tewkesbury pdf icon PDF 157 KB

PROPOSAL: Single storey rear and two storey side extension.

 

OFFICER RECOMMENDATION: Permit

Additional documents:

Minutes:

37.33        This application was for a single storey rear and two storey side extension.

37.34        The Planning Assistant explained that this was a householder application in relation to a detached property on an estate on the outskirts of Tewkesbury.  A Committee determination was required as the applicant was a Tewkesbury Borough Council employee.  No objections had been received from the statutory consultee but a letter of objection had been received following neighbour notification consultations.  The Officer view was that the proposal was in keeping with the surrounding development and would not result in any undue harm to the occupants of the neighbouring dwellings as outlined in the Committee report.  As set out in the Additional Representations Sheet, attached at Appendix 1, the Officer recommendation had been changed from permit to delegated permit to enable an amended block plan to be submitted; the Planning Assistant confirmed the amended plan had been received this morning so the delegation would now be to permit subject to the amendment of condition 2 to reflect the revised plan 

37.35        The Chair invited a local resident speaking in objection to the application to address the Committee.  The local resident indicated that she was speaking on behalf of herself and her husband who lived directly next door to the property.  She explained that the section of Stonehills estate where they lived had been cleverly designed – whilst they lived close to one another, the properties were situated so they could co-exist with reasonable expectation of privacy.  There was an open plan and spacious feel to it; they were, and felt, detached.  Their homes were separated from each other via a passageway and a garage meaning they did not live in one another’s pockets; as far as she was aware this was an unusual bit of planning and one they appreciated as gardens were afforded space and light without being unduly overlooked.  There were a few properties on the estate that had added a second storey above their garages, or put extensions on the rear, but that had been done on houses where it would not impact a neighbour in any significant way; sadly, that would not be the case with these two homes.  The proposed second storey extension would mean a loss of privacy from the upstairs window, unless it was to be a bathroom window with frosted glass.  If not, the window would give a direct and almost unimpeded view of their garden and them using it.  By far the largest impact would be the extension of the garage footprint along their boundary for the single storey addition.  What was now a regular height fence would become a much higher, much more imposing, brick wall directly within eyesight.  This would alter the feel and appearance of their outdoor space and, to some extent, their inside space, in a way they would not choose and was not part of the original attraction of the estate.  By converting the garage into living accommodation, the valued degree of separation  ...  view the full minutes text for item 37f

37g

22/00926/LBC - 39 Church Street, Tewkesbury pdf icon PDF 154 KB

PROPOSAL: Installation of a traditional projecting hanging sign and bracket to the front elevation; installation of hanging sign above the front door; installation of grab handle at the front door; conversion of existing railings on the rear boundary to a gate.

 

OFFICER RECOMMENDATION: Consent

Additional documents:

Minutes:

37.37        This was a listed building consent application for the installation of a traditional projecting hanging sign and bracket to the front elevation; installation of a hanging sign above the front door; installation of a grab handle at the front door; and conversion of existing railings on the rear boundary to a gate.

37.38        The Planning Assistant advised that the application related to a Grade I listed building dating from the early fifteenth century.  A Committee determination was required as the applicant was the partner of a Tewkesbury Borough Council employee.  No objections had been received from the statutory consultees and it was the Officer view that the proposal would not cause harm to the significance of the listed building, as outlined in the Committee report.  Therefore, the Officer recommendation was to grant consent.

37.39        The Chair indicated that there were no public speakers for this item.  The Officer recommendation was to grant consent and he sought a motion from the floor.  It was proposed and seconded that the application be granted consent in accordance with the Officer recommendation.  The seconder of the proposal asked whether Officers were content that the hanging sign which would protrude from the building would not be damaged by lorries or buses travelling along the road and the Planning Assistant clarified that, according to the submitted plans, the sign would project out by 47 centimetres and he was satisfied that could be accommodated. 

37.40        Upon being put to the vote, it was

RESOLVED           That the application be GRANTED CONSENT in accordance with the Officer recommendation.

38.

Current Appeals and Appeal Decisions Update pdf icon PDF 226 KB

To consider current planning and enforcement appeals and Department for Levelling Up, Housing and Communities appeal decisions.

Minutes:

38.1          Attention was drawn to the current appeals and appeal decisions update, circulated at Pages No.164-178.  Members were asked to consider the current planning and enforcement appeals received and the Department for Levelling Up, Housing and Communities appeal decisions issued.

38.2          Accordingly, it was

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