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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

35.

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:

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

35.2          The Chair gave a brief outline of the procedure for Planning Committee meetings, including public speaking.

35.3          The Chair advised that, in accordance with Procedure Rule 1.2 of the Council’s Constitution, he had exercised his discretion to vary the order of business so that Agenda Item 6 – Appeals Report would be taken after Agenda Item 4 – Minutes.

36.

Apologies for Absence and Substitutions

To receive apologies for absence and advise of any substitutions. 

Minutes:

36.1          Apologies for absence were received from Councillors M Dimond-Brown, G C Madle, G M Porter and R J G Smith.  Councillor H J Bowman would be a substitute for the meeting. 

37.

Declarations of Interest

Pursuant to the adoption by the Council on 24 January 2023 of the Tewkesbury Borough Council Code of Conduct, effective from 1 February 2023, as set out in Minute No. CL.72, 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:

37.1          The Committee’s attention was drawn to the Tewkesbury Borough Code of Conduct which was adopted by the Council on 24 January 2023 and took effect on 1 February 2023

37.2          The following declarations were made:

Councillor

Application No./Agenda Item

Nature of Interest (where disclosed)

Declared Action in respect of Disclosure

S Hands

Item 5c – 23/00044/OUT – Land at Horsbere Drive, Longford.

Is a Borough Councillor for the area.

Had taken part in discussions with members of the public regarding the application.

Would not speak or vote and would retire to the public speaking area for this item.

J R Mason

Item 5b – 21/01496/FUL – Almsbury Farm, Vineyard Street, Winchcombe.

Is Chair of Winchcombe Town Council, which had discussed the application due to its size, but he had retired to the audience and taken no part in the debate.

Winchcombe Town Council had attended a meeting with the applicant, at the applicant’s request, which he had attended but had not expressed an opinion.

Would speak and vote.

37.3          There were no further declarations made on this occasion.

38.

Minutes pdf icon PDF 2 MB

To approve the Minutes of the meeting held on 19 September 2023.

Minutes:

38.1          The Minutes of the meeting held on 19 September 2023, copies of which had been circulated, were approved as a correct record and signed by the Chair. 

39.

Current Appeals and Appeal Decisions Update pdf icon PDF 114 KB

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

Minutes:

39.1          Attention was drawn to the current appeals and appeal decisions update, circulated at Page No. 163.  Members were asked to consider the current planning and enforcement appeals received and the Department for Levelling Up, Housing and Communities appeal decisions issued.

39.2          The Development Management Manager explained that, at the last meeting of the Committee, Members had been provided with an update regarding the appeal decision in respect of Truman’s Farm, Gotherington and its impact on the Council’s five year housing land supply.  Since that time, clear implications had been identified for the Council in terms of various appeal cases and urgent decisions had been taken in relation to three cases in Fiddington, Highnam and Bishops Cleeve.  The updated annual position for the authority would be published today and would show that the Council could demonstrate a housing land supply of 3.23 years – the Gotherington Inspector had determined this as 3.39 years at best.  Members would be aware of the Agenda for today which included various housing proposals, and, with the tilted balance engaged, he highlighted the importance of taking into account the provisions of Paragraph 11 of the National Planning Policy Framework. 

39.3          Accordingly, it was

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

40.

Development Control - Applications to the Borough Council pdf icon PDF 140 KB

Decision:

Agenda Item number

Planning reference

Site address

Officer recommendation

Committee outcome

5a

21/01307/FUL

Moat Farm

Malleson Road

Gotherington

GL52 9ET

Permit

Permit

5b

21/01496/FUL

Almsbury Farm

Vineyard Street

Winchcombe

GL54 5LP

Delegated Permit

Delegated Permit

5c

23/00044/OUT

Land At

Horsbere Drive

Longford

Delegated Permit

Delegated Permit

5d

22/01004/APP

Parcel 2988

Downfield Lane

Twyning

Approve

Approve

 

 

Minutes:

40.1          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.

40a

21/01307/FUL - Moat Farm, Malleson Road, Gotherington pdf icon PDF 300 KB

PROPOSAL: Erection of four dwellings following the demolition of existing agricultural buildings.

 

OFFICER RECOMMENDATION: Permit.

Additional documents:

Minutes:

40.2          This application was for erection of four dwellings following the demolition of existing agricultural buildings. 

40.3          The Development Management Team Manager (East) advised that this was a full application for the demolition of a range of existing agricultural buildings and the erection of four dwellings and associated infrastructure. The application related to a parcel of land at Moat Farm located to the northern edge of the village of Gotherington. The site had previously been utilised for agricultural and equestrian uses and currently comprised a number of existing agricultural buildings, formed around a yard area, which were associated with the surrounding agricultural land that was also in the applicant’s control. The site was currently accessed off Malleson Road via an existing domestic access and a farm track to the south-west.  The north-western corner of the site was located within a designated Special Landscape Area, which provided the foreground setting for the Area of Outstanding Natural Beauty, to the north of Gotherington, and to the east of the site was a public footpath which linked to Malleson Road.  The nearby Moat Farmhouse was considered to be a non-designated heritage asset.  It was noted that the site was wholly located within Flood Zone 1.  It was proposed that the site would be laid in a courtyard arrangement and the amenity space would project out from the dwellings, leading to a concentrated built form in the centre of the site. The buildings were designed to reflect the existing functional agricultural character of the site. The finished materials would include timber cladding, standing seam roofs and metal sheet cladding in order to maintain the functional appearance of the site.  An assessment of the main material considerations was set out in the Committee report and identified a number of key harms and benefits.  The application site was located adjacent to Gotherington which was identified as a Service Village in the Joint Core Strategy hierarchy and was recognised by Joint Core Strategy Policy SP2 as a location where dwellings would be provided to meet the identified housing needs of Tewkesbury Borough; however, the site was predominantly outside of the defined settlement boundary and was not allocated for housing through the development plan. It was therefore necessary to assess whether there were any material considerations which indicated whether a decision should be made other than in accordance with the development plan.  The Committee report set out the impacts that the application was likely to have upon the landscape character of the area, amenity to existing and proposed residents, the highway network and the nearby heritage asset.  No objections had been raised by any statutory consultees and whilst the site was located outside of the settlement boundary, it was considered to represent sustainable development on the edge of a Service Village.  Given the current position regarding the Council’s five year housing land supply, although there was some harm arising from the conflict with the spatial housing policies, significant weight should be given to the provision of sustainable housing  ...  view the full minutes text for item 40a

40b

21/01496/FUL - Almsbury Farm, Vineyard Street, Winchcombe pdf icon PDF 493 KB

PROPOSAL: Redevelopment and conversion of Almsbury Farm Barns to provide a mixed residential and commercial development, comprising circa. 900sqm of Class E commercial floor space and 18 new residential units including demolition of non-historic portal framed barns and the provision of new car parking, landscaping and associated infrastructure.

 

OFFICER RECOMMENDATION: Delegated permit.

Additional documents:

Minutes:

40.7          This application was for redevelopment and conversion of Almsbury Farm Barns to provide a mixed residential and commercial development comprising circa. 900sqm of Class E commercial floor space and 18 new residential units including demolition of non-historic portal framed barns and the provision of new car parking, landscaping and associated infrastructure.

40.8          The Development Management Team Manager (East) advised that the application site was located to the south of Vineyard Street, Winchcombe, wholly within the Winchcombe Conservation Area, and incorporated the Grade II listed Almsbury Farmhouse and the adjacent Grade II listed farm buildings, currently in a derelict condition. The site was also within the Cotswolds Area of Outstanding Natural Beauty. Adjoining, but not within the site, the land immediately to the north was within Flood Zone 3; however, the site itself was within Flood Zone 1.  The site also adjoined and comprised a very small part at the extreme south of the application site - not proposed for development - which fell within the Sudeley Historic Park and Gardens.  The application proposed the redevelopment and conversion of Almsbury Farm Barns to provide circa. 900 sqm of Class E commercial floor space and the provision of 18 residential units which involved the conversion of the listed buildings to four dwellings and the construction of 14 new build residential dwellings.  An assessment of the main material considerations was set out within the Committee report and a number of key harms and benefits had been identified.  In terms of the principle of residential development, the application site was located adjacent to Winchcombe, which was identified as a Rural Service Centre in the Joint Core Strategy hierarchy and was recognised by Joint Core Strategy Policy SP2 as a location where dwellings would be provided to meet the identified housing needs of Tewkesbury Borough; however, the site was located outside the existing built up area of Winchcombe and was not allocated for housing through the development plan or the Winchcombe and Sudeley Neighbourhood Development Plan. It was therefore necessary to consider whether there were any material considerations which indicated that a decision should be made other than in accordance with the development plan.  In terms of the principle of commercial development, the Winchcombe and Sudeley Neighbourhood Development Plan allocated this site for new or expanded uses which included Class E use. The policy also referred to the use of this site as a mixed use to include residential to support the commercial proposals.  Given the site constraints, Officers had worked collectively with the applicant over the past two years to negotiate a scheme that would have an acceptable impact upon its sensitivities. This included a re-design of the new buildings to have a more appropriate impact upon the historic buildings and their setting and the reduction of residential units. One of the main areas of concern was the intensification and impact upon the road network, given the existing traffic issues along Vineyard Street. This was the only objection raised by the Town Council  ...  view the full minutes text for item 40b

40c

23/00044/OUT - Land at Horsbere Drive, Longford pdf icon PDF 387 KB

PROPOSAL: Residential development of up to 21 apartments, associated infrastructure, ancillary facilities, open space and landscaping with all matters reserved (amended description).

 

OFFICER RECOMMENDATION: Delegated permit.

Additional documents:

Minutes:

40.14        This was an outline application for residential development of up to 21 apartments, associated infrastructure, ancillary facilities, open space and landscaping with all matters reserved (amended description).  The Planning Committee had visited the application site on Friday 13 October 2023.

40.15        The Senior Planning Officer drew attention to the Additional Representations Sheet, attached at Appendix 1, which set out that the application site fell within Longford Parish rather than Innsworth Parish, as stated in the Committee report; this was due to a recent boundary change.  Seven additional representations had been received from members of the public objecting to the proposal on the grounds that Longford had enough housing, there should be additional shop parking, the proposal was visually unattractive, the GP surgery was at capacity, the estate did not need more people and cars, risk of flooding, contribution to antisocial behaviour and the development being unwelcome next to the school.  These aligned with the substantial number of objections that had been received and considered during the consultation period.  Whilst the application was submitted in outline and was only seeking to establish the principle of delivering up to 21 apartments, quite a lot of information had been included – this was unusual but illustrated how the scheme might appear in future.  If Members were minded to permit the application, it would be subject to a Section 106 Agreement to secure affordable housing and other contributions for environmental mitigation.  Heads of terms had been agreed and the development would also be Community Infrastructure Levy (CIL) liable.  Longford was deemed by Officers to be a sustainable site.  A similar scheme had been refused at the start of last year for 24 apartments; however, as well as reducing the number of apartments, there had also been amendments to the articulation of the apartment blocks which the Urban Design Officer considered added architectural interest, as well as good use of materials and colour, albeit this was indicative at this stage.  Members would be aware there was substantial opposition to the development, in part because there continued to be local expectation of the site being used for community purposes; this was based on the masterplan which followed the 2008 outline planning permission; however, delivery of the masterplan was dependent on subsequent reserved matters applications.  He drew attention to Pages No. 113-114, Paragraph 3 of the Committee report, which outlined the relevant planning history, in particular 11/00385/FUL which had a decision date of 17 May 2013.  That planning permission included a condition that all reserved matters were required within three years of that date i.e. by 17 May 2016; after that date the outline planning permission effectively lapsed so reserved matters applications could only be submitted before that date.  A number of reserved matters applications had been made between 2013 and 2016 for infrastructure, a school and a Co-Op but there was no reserved matters application for the current application site, therefore, since 2016 there had been an opportunity for any development to be proposed on  ...  view the full minutes text for item 40c

40d

22/01004/APP - Parcel 2988 Downfield Lane, Twyning pdf icon PDF 267 KB

PROPOSAL: Reserved matters application for 47 zero carbon dwellings including layout, scale, appearance and landscaping pursuant to original outline application 19/01084/OUT granted at appeal ref: APP/G1630/W/21/3280979

 

OFFICER RECOMMENDATION: Approve.

Additional documents:

Minutes:

40.26        This was a reserved matters application for 47 zero carbon dwellings including layout, scale, appearance and landscaping pursuant to original outline application 19/01084/OUT granted at appeal. 

40.27        The Principal Planning Officer advised that the principle of development on the site was established through outline consent reference 19/01084/OUT which was granted at appeal in April 2022; access to the site was approved at outline stage.  The site was located to the north of Fleet Lane and to the west of Downfield Lane and the western boundary of the site adjoined the rear gardens of existing dwellings which fronted onto Goodiers Lane.

40.28         The site was currently open grazing land with mature hedges on the roadside boundaries.  The appeal Inspector for the outline scheme concluded that the development would result in moderate harm to the character and appearance of the area through the introduction of built development on a greenfield site but that there would be scope through the reserved matters to retain the existing hedges and provide landscaping in order to soften the impact.  The submitted scheme proposed retention and reinforcement of the existing boundary hedges as well as incorporating areas of open space to the corners of the site. Officers considered that helped to soften the impact of the development and provide a transition between the site and the adjoining open countryside.  Overall, Officers felt that the proposed density of development, layout and design of the house types reflected the context of the site adjoining a rural settlement and was in keeping with existing residential development adjoining the site. The layout incorporated several areas of open space and the proposed landscaping of the development was considered to be appropriate and acceptable.  As set out in the Committee report, the application was recommended for approval.

40.29         The Chair invited the applicant to address the Committee.  The applicant indicated that, rather than reiterate the robust Committee report which recommended approval, he would introduce the developer to those unfamiliar with the company.  He indicated that it was a privately owned regional property developer based in Gloucestershire, specialising in bespoke residential developments, with sites in and around the south?east of England and a successful history of developments locally.  It had built a solid reputation for developing carefully crafted, high quality homes and enhancing local communities.  Good design was a defining element to this process and each project had a unique character suitable for twenty-first century living which responded sympathetically to the site and its surroundings.  This approach was evident within the proposals and was noted within the Committee report.  This had, in part, been enhanced further through engagement with the Parish Council and it had been a rewarding opportunity to evolve the designs with the Parish Council to ensure the proposals best responded to this important location.  The aim with all sites was to enhance the communities in which they built and create homes that people wished to live in, now and for future generations to come; this site was no exception  ...  view the full minutes text for item 40d