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Agenda and minutes

Venue: Tewkesbury Borough Council Offices, Severn Room

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

Items
No. Item

41.

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:

41.1          In the absence of the Chair, the Vice-Chair took the chair for the meeting.      

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

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

42.

Apologies for Absence and Substitutions

To receive apologies for absence and advise of any substitutions. 

Minutes:

42.1          Apologies for absence were received from Councillors E M Dimond-Brown and P E Smith (Chair).  Councillor H J Bowman would be a substitute for the meeting. 

43.

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:

43.1          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

43.2          The following declarations were made:

Councillor

Application No./Agenda Item

Nature of Interest (where disclosed)

Declared Action in respect of Disclosure

M L Jordan

Item 5h – 22/00667/FUL – Land to the South of Cheltenham Road East, Churchdown

Is a Borough Councillor for the area.

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

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

Would speak and vote.

G C Madle

Item 5b – 22/00998/FUL – Land Behind 62 to 74 Willow Bank Road, Alderton

Is a Borough Councillor for the area.

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

Would speak and vote.

R J G Smith

Item 5h – 22/00667/FUL – Land to the South of Cheltenham Road East, Churchdown

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

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

Would speak and vote.

G I Yates

Item 5h – 22/00667/FUL – Land to the South of Cheltenham Road East, Churchdown

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

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

Would speak and vote.

43.3          There were no further declarations made on this occasion.

44.

Minutes pdf icon PDF 213 KB

To approve the Minutes of the meeting held on 17 October 2023.

Minutes:

44.1          The Minutes of the meeting held on 17 October 2023, copies of which had been circulated, were approved as a correct record and signed by the Chair. 

45.

Development Control - Applications to the Borough Council pdf icon PDF 39 KB

Minutes:

45.1          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.

45a

23/00641/FUL - Land East of Kayte Lane, Southam pdf icon PDF 449 KB

PROPOSAL: Change of use of land to use as a gypsy/traveller site comprising 11 pitches.  11 static mobile homes for residential purposes shall be stationed alongside seven ancillary touring caravans; provision of internal roadways, parking areas and fencing (part retrospective).

 

OFFICER RECOMMENDATION: Refuse.

Additional documents:

Minutes:

45.2          This application was for change of use of land to use as a gypsy/traveller site comprising 11 pitches.  11 static mobile homes for residential purposes shall be stationed alongside seven ancillary touring caravans, provision of internal roadways, parking areas and fencing (part retrospective).

45.3          The Senior Planning Officer advised that the site was a parcel of formerly undeveloped agricultural land within the rural area of Southam.  The site was within the Green Belt and beyond any recognised settlement boundary so was within the open countryside for the purposes of planning policy.  The site was bound to the east by the Gloucestershire and Warwickshire Railway and to the west by Kayte Lane.  The development comprised the change of use of agricultural land to a gypsy and traveller site with a total of 11 pitches, each with a static caravan, seven of which with additional touring caravans.  The development also included the provision of internal roadways, parking areas and fencing.  Works were ongoing at the site so planning permission was sought partially in retrospect.  As set out within the Committee report, the development was by definition inappropriate development within the Green Belt and should not be approved except in very special circumstances.  Policy set out that substantial weight must be given to any harm to the Green Belt and that very special circumstances will not exist unless the harm to the Green Belt, by reason of inappropriateness, as well as any additional harm, was clearly outweighed by other considerations.  The report outlined that the ‘other additional harms’ were: intentional unauthorised development, harm to the character of the countryside, failure to provide safe and suitable access, potential adverse impacts to neighbouring amenity through noise and disturbance; and lack of information pertaining to biodiversity, drainage and trees.  These harms, together with the overarching harm to the Green Belt, must be weighed against the benefits in relation to the unmet need for gypsy and traveller pitches and the personal circumstances of the occupiers.  Although Officers accepted there was an unmet need which, together with the personal circumstances of the occupiers, weighed in favour of the development, Members were advised that this did not outweigh the overall harm.  As such, very special circumstances which would outweigh the harm to the Green Belt did not exist meaning that the development should not be approved.  Therefore, the Officer recommendation was to refuse the application.  She clarified that, although there was an injunction on the land, this was a separate matter which should not be taken into consideration as part of the application or reasons for refusal.

45.4          The Chair invited a representative from Southam Parish Council to address the Committee.  The Parish Council representative indicated that Southam Parish Council had objected to this application, as had the neighbouring Parish Councils of Bishop’s Cleeve and Woodmancote whose parishioners were also impacted.  The level of interest and concern in this application has been extraordinary and whilst the Parish Council understood the need for new traveller sites in Tewkesbury Borough,  ...  view the full minutes text for item 45a

45b

22/00998/FUL - Land Behind 52 to 74 Willow Bank Road, Alderton pdf icon PDF 495 KB

PROPOSAL: Erection of 48 dwellings with associated infrastructure and amenities along with demolition of an existing dwelling on land to the west of Willow Bank Road, Alderton.

 

OFFICER RECOMMENDATION: Delegated permit.

Additional documents:

Minutes:

45.9          This application was for the erection of 48 dwellings with associated infrastructure and amenities along with demolition of an existing dwelling on land to the west of Willow Bank Road, Alderton.  The Planning Committee had visited the application site on Friday 17 November 2023.

45.10        The Senior Planning Officer advised that the application was submitted in full and proposed the erection of 48 dwellings, including 40% affordable housing provision.  Vehicular access to the development would be achieved via a new vehicular access off Willow Bank Road and a secondary pedestrian access to the site was proposed via the existing vehicular track located between No. 56 and No. 54 Willow Bank Road.  The dwellings would be located throughout the site, with the majority of the existing vegetation belt running north/south within the northern part of the site being retained.  A Locally Equipped Area of Play (LEAP) and an orchard were also proposed as part of the application.  Existing hedgerows bounding the site to the south, west and north were to be retained and a Sustainable Drainage System (SuDS) attenuation pond was proposed in the south west corner.  The site itself extended to 2.62 hectares and was currently used for grazing horses. The site was located within the Special Landscape Area as defined within the Tewkesbury Borough Plan and was located outside of, but immediately adjacent to, the residential development boundary of Alderton as defined in the Tewkesbury Borough Plan and Alderton Neighbourhood Development Plan.  In respect of the principle of development, the application lay outside of the defined settlement boundary of Alderton and in conflict with the spatial strategy of the development plan and Policies SP2 and SD10 of the Joint Core Strategy, Policy RES3 of the Tewkesbury Borough Plan and Policy H1 of the Alderton Neighbourhood Development Plan.  This was the starting point for the determination of the application; however, the Council was in a situation where it could not demonstrate a five year supply of deliverable housing sites, therefore, in accordance with Paragraph 11d and footnote 8 of the National Planning Policy Framework, these policies were treated as out-of-date and should not be afforded full weight in the decision-making process.  Due to the absence of a five year supply of deliverable sites, planning permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the policies in the framework taken as a whole.  In the circumstances of this application, the appeal site was immediately adjacent to the settlement boundary of Alderton which was defined as a Service Village in the Joint Core Strategy. Taking account of the proximity of the site to the settlement boundary, and the quantum of dwellings proposed, Officers did not consider that the harms arising from the conflict with the spatial strategy amounted to an adverse impact that would significantly and demonstrably outweigh the benefits of the development.  Officers also acknowledged there had been significant residential development in Alderton in recent years  ...  view the full minutes text for item 45b

45c

23/00086/APP - Land Off Aggs Lane, Gotherington pdf icon PDF 315 KB

PROPOSAL: Reserved matters application pursuant to application ref: 19/01071/OUT (outline planning application with means of access from Ashmead Drive (all other matters reserved for subsequent approval) for the erection of up to 50 dwellings (Class C3); earthworks; drainage works; structural landscaping; formal and informal open space; car parking; site remediation; and all other ancillary and enabling works) for 50 dwellings including appearance, landscape, scale and layout.

 

OFFICER RECOMMENDATION: Delegated approve.

Additional documents:

Minutes:

45.26        This was a reserved matters application pursuant to application ref: 19/01071/OUT (outline planning application with means of access from Ashmead Drive (all other matters reserved for subsequent approval) for the erection of up to 50 dwellings (Class C3); earthworks; drainage works; structural landscaping; formal and informal open space; car parking; site remediation and all other ancillary and enabling works) for 50 dwellings including appearance, landscape, scale and layout.  The Planning Committee had visited the application site on Friday 17 November 2023.

45.27        The Senior Planning Officer advised that the application sought approval of reserved matters following an upheld appeal determined in 2021.  The development would deliver 50 dwellings, comprising 40% affordable homes and 30 market homes, the make-up of which was set out in the Committee report.  Vehicular access into the site was to be provided from Ashmead Drive as per the outline planning consent, albeit slightly realigned by a non-material amendment approved in January 2023.  The proposal also incorporated public open space inclusive of a Multi-Use Games Area (MUGA) and play area in the form of a Locally Equipped Area of Play (LEAP) to the north of the site, Sustainable Drainage System (SuDS) balancing ponds and landscaping throughout the site.  There were no listed buildings located within the site. The Conservation Officer raised no objection to the proposal noting that, in the signed statement of common ground for the outline application planning appeal, the Council accepted the following position regarding built heritage: "The appeal site has no impact upon the setting of The Holt, The Malt Shovel, Whites Farm, The Homestead nor the Shady Nook all of which are designated by Historic England as Grade II Listed buildings."  Following considerable consultation activity, first by the developer with the local community before the application was submitted, and during the life of the application, including the Parish Council and the Community and Place Development Officer, the scheme had been significantly revised to make the internal footpaths more user friendly by reason of revising sharp changes of direction, making the LEAP more informal by having changes of level and seating and adding in play equipment. The MUGA has been changed to include a green coloured surface, not totally enclosed by fencing and unlit.  The original proposal incorporated post and rail fence to boundaries which was now proposed to be metal estate fencing to reduce maintenance issues and improve visual appearance. To improve the visual appearance of the site, changes had been negotiated with developers to remove wooden appearance cladding from all house types and use reconstituted stone, introduce brick built garages to give greater variety to the visual appearance of the estate, amend the fenestration of an affordable one bed maisonette unit, and revise the design of a five bed detached unit to remove the dormer windows to ensure that the attached garage block was visually a subservient building and the visual amenity of the site as a whole was consistent.  Considerable public concern has been raised to this  ...  view the full minutes text for item 45c

45d

22/01083/FUL - Walnut Tree Farm, Norton pdf icon PDF 276 KB

PROPOSAL: Erection of seven dwellings, including four market and three affordable discounted market sale dwellings and associated vehicular access.

 

OFFICER RECOMMENDATION: Delegated permit.

Additional documents:

Minutes:

45.35        This application was for erection of seven dwellings, including four market and three affordable discounted market sale dwellings and associated vehicular access.

45.36        The Senior Planning Officer advised that an updated response had been received from Norton Parish Council which was too late for inclusion within the Additional Representations Sheet, attached at Appendix 1; however, the response did not raise any new considerations from the original response as set out in the Committee report.  He advised that the current application was a revised scheme to the one allowed at appeal in 2020 and had been submitted to avoid an easement for a high pressure gas main located to the south of the site which had necessitated revision to the site layout replacing a linear form of residential development fronting onto the access road with a more ‘agricultural style’ and courtyard layout.  A relatively informal, non-linear form of development was encouraged within the he Down Hatherley, Norton and Twigworth Neighbourhood Development Plan.  To the immediate north of the site was a recently completed development of five dwellings at Walnut Gardens, arranged in a courtyard, which was permitted in 2019.  To the south of the site was a single storey dwelling with caravan park behind known as Norton Lodge and the site was surrounded by open countryside to the west.  The site was not subject to any formal or informal landscape designation and lay within Flood Zone 1.  The design of the proposed dwellings was similar in character and form to the three dwellings to the north.  The Parish Council made the point it was unlike that development due to the three storey element but he clarified the development to the north had residential development in the roof similar to these properties. Members would see from the Committee report the local residents’ concerns regarding the proposal.  Whilst the appeal was upheld, the present application departed from a linear form to more interesting informal groupings.  The previous Section 106 Agreement was a unilateral undertaking only applicable to the approved appeal scheme and the applicant had put forward a new draft for approval, hence the recommendation for delegated permission.  Since the publication of the Committee report, County Highways had advised that it was no longer seeking a contribution for a bus shelter, as such the recommendation had been amended to remove that element, as set out in the Additional Representations Sheet.

45.37        The Chair indicated that there were no public speakers for this item.  The Officer recommendation was that authority be delegated to the Development Management Manager to permit the application subject to the conditions set out in the Committee report and completion of a unilateral undertaking to secure affordable housing, and sought a motion from the floor.

45.38        It was proposed and seconded that authority be delegated to the Development Management Manager to permit the application in accordance with the Officer recommendation and, upon being put to the vote, it was

RESOLVED           That authority be DELEGATED to the Development Management Manager to  ...  view the full minutes text for item 45d

45e

23/00293/OUT - Land at Church Lane, Church Lane, The Leigh pdf icon PDF 243 KB

PROPOSAL: Erection of two four-bedroom dwellings including details of access with all other matters reserved (appearance, scale, layout and landscaping as reserved matters).

 

OFFICER RECOMMENDATION: Permit.

Additional documents:

Minutes:

45.39        This was an outline application for the erection of two four-bedroom dwellings including details of access with all other matters reserved (appearance, scale, layout and landscaping as reserved matters).

45.40        The Planning Officer advised that the application required Committee determination due to an objection from the Parish Council that the development did not constitute infilling.  Access would be off the A38 via Church Lane.  It was noted that The Leigh was not a Service Village and therefore Policy RES2 was not applicable.  The Leigh did not have a defined settlement boundary and was considered to be a dispersed rural settlement and Policy RES4 required residential development to be within and adjacent to the built up area of the rural settlement. The application site was separated from the main built up area of The Leigh by numerous fields which provided a clear and distinct break in built form. The site was visually separate and Officers considered the proposal to be contrary to Policy RES4 on that basis.  Notwithstanding this, as the Council could not demonstrate a five year housing land supply, the application must be determined in accordance with Paragraph 11 of the National Planning Policy Framework, i.e. planning permission should be granted unless any adverse impacts of granting permission would significantly and demonstrably outweigh the benefits when assessed against the policies of National Planning Policy Framework as a whole.  In relation to design, it was considered that two 1.5 storey dwellings would be acceptable in this location. By way of landscaping, the site was bound by an existing hedge to the front which would be retained.  The Landscape Officer and Tree Officer had made comments regarding the additional landscaping which would be addressed in the subsequent reserved matters scheme.  In terms of highways, each dwelling would be accessed via existing field gates. The dwellings were located circa 200m from bus stops on the A38 which provided direct access to facilities and services including schools, places of employment and convenience stores. The County Highways Officer had reviewed the scheme and considered that residents of the new dwellings could use the existing grass verges to access the bus stops and raised no objections in relation to highway safety or sustainability.  As set out in the Committee report, there were no conflicts or clear reasons to refuse the application aside from the conflict with Policy RES4. Given the Council’s five year housing land supply position, the development would contribute towards the supply of housing to help meet the housing need which attracted significant weight in favour of granting permission. The scale of development and its relationship with the rural settlement was considered to be acceptable and, although modest in scale, in economic and social terms a number of benefits would flow from this development if permitted, including during the construction process and through spending on local services and facilities from future residents. The site was considered to be in a sustainable location given its proximity to the nearby bus services along the  ...  view the full minutes text for item 45e

45f

22/01317/FUL - 3 Consell Green, Tewkesbury Road, Toddington pdf icon PDF 230 KB

PROPOSAL: Construction of two dwellings.

 

OFFICER RECOMMENDATION: Permit.

Additional documents:

Minutes:

45.44        This application was for the construction of two dwellings.  The application had been deferred at the Planning Committee meeting on 19 September 2023 to allow Officers to assess further information in relation to highways, including clarification of land ownership to ensure the required visibility splays could be maintained in perpetuity and for accident records and speed measurements to be obtained.  The Planning Committee had visited the application site on Friday 14 July 2023 and a site visit had been carried out by the County Highways Officer, Planning Officer and local Ward Member on 8 August 2023.

45.45        The Planning Officer advised that, following the site visit by the County Highways Officer, an amended plan had been provided which showed visibility splays of 2.4m x 90m and 2.4m x 120m could be achieved within the red line boundary. The County Highway Officer had reviewed the speed surveys produced by the applicant and taken his own speed readings of free flow traffic whilst on site. The County Highways Officer had concluded that the proposal for two dwellings with an access of 90m stopping sight distance would be acceptable and recommended a number of conditions including submission of a Construction Management Plan.  Members were reminded that the application site was located within the settlement boundary of New Town, Toddington, therefore, the principle of residential development at this site was considered to be acceptable. No objections had been received from statutory consultees in relation to, highways, drainage, ecology, environmental health and landscaping and it was recommended that the application be permitted subject to conditions.

45.46        The Chair invited a local resident speaking in objection to the application to address the Committee. The local resident indicated that she objected on the grounds of loss of privacy and loss of light to her home and her submissions at previous Planning Committee meetings still stood.  The development of two houses would devastate existing houses, affecting all those along the strip and opposite, and she asked for the request for bungalows to be addressed instead.  With regard to the County Highways document dated 2 November 2023, the document stated that County Highways had no objection subject to certain conditions being achieved. She believed any conditions related to safety must be achieved before planning permission could even be considered.  The Council had a duty of care to ensure that all safety requirements had been considered and adhered to; this would be the third time that the highway safety of this application had been questioned and the only way to ensure that the development would be safe was for the conditions to be implemented prior to permission being granted or to refuse the proposal.  It had been stated that a visibility splay of 2.4m by 90m had been submitted and confirmed achievable; however, this was untrue as Google Maps showed the line of sight of 90m cut through hedges and trees - a more accurate line of sight was 43m which would miss all real world obstructions. Google Maps  ...  view the full minutes text for item 45f

45g

23/00731/FUL - Cross House, Church Street, Tewkesbury pdf icon PDF 153 KB

PROPOSAL: Change of use of first floor and second floor of Cross House from Class E to Class C3.

 

OFFICER RECOMMENDATION: Permit.

Additional documents:

Minutes:

45.50        This application was for change of use of the first and second floor of Cross House from Class E to Class C3.

45.51        The Planning Assistant advised that this was a full planning application for Cross House, Church Street, a Grade II* Listed Building dating from the sixteenth century located in the centre of Tewkesbury.  The proposal was to change the use of the first and second floors of the building from Class E to Class C3.  A Committee determination was required as the applicant was a close relative of a Tewkesbury Borough Council employee. There have been no objections from the statutory consultees and no representations received following neighbour consultation. It was the Officer view that the proposal would be in accordance with the relevant policies as outlined in the Committee report and it was therefore recommendation that the application be permitted.

45.52        The Chair indicated that there were no public speakers for this item.  The Officer recommendation was to permit the application and she sought a motion from the floor.  It was proposed and seconded that the application be permitted in accordance with the Officer recommendation and, upon being put to the vote, it was

RESOLVED           That the application be PERMITTED in accordance with the Officer recommendation.

45h

22/00667/FUL - Land to the South of Cheltenham Road East, Churchdown pdf icon PDF 351 KB

PROPOSAL: Construction of 145 residential dwellings with associated infrastructure.

 

OFFICER RECOMMENDATION: Delegated permit.

Additional documents:

Minutes:

45.53        This application was for construction of 145 residential dwellings with associated infrastructure.

45.54        The Development Management Team Manager (South) advised that the application site was between Cheltenham Road East, which formed the northern boundary of the site, and the A40 Golden Valley dual carriageway which formed the southern boundary, and comprised approximately eight hectares of land.  The northeastern boundary of the site adjoined existing residential development which currently formed the edge of the built-up area of Churchdown. To the west of the site was the Gloucester North Community Fire Station.  The current application sought full planning permission for a development comprising 145 dwellings, of which 35% would be affordable. The site extended to approximately 8.1 hectares, of which approximately 3.9 hectares would be public open space.  The site would be accessed via a new junction from Cheltenham Road East towards the northeastern part of the site and would be offset from the junction with the Bellway site to the north. The proposal would provide pedestrian and cycle connections to existing development at Yew Tree Way and Oakhurst Close to the east along with routes throughout the site and public open space.  It was considered that the proposal would provide an appropriate mix of housing and would be of an acceptable design and layout which would be in keeping with the varied character of Churchdown. The proposal would also have an acceptable impact upon the highway network, biodiversity, flood risk and amenity for existing and future residents. As an update to the affordable housing, the applicant had now agreed an affordable housing mix of 60% social rent and 40% shared ownership, as advised by the Council’s Housing Enabling Officer, and was reflective of the evidence-based need in the area.  The proposal would deliver a significant amount of on-site public open space along with contributions towards highways education and off-site sports; these contributions had been agreed with respective consultees and were acceptable.  National Highways was still considering details in respect of the bund adjacent to the A40 and noise attenuation. It was considered that those matters could be resolved in an appropriate manner which would allow the holding notice to be withdrawn.  The recommendation remained delegated permit as set out in the Committee report.

45.55        The Chair invited the applicant to address the Committee.  The applicant advised that their planning application for 145 homes on this allocated site had been submitted in July 2022 and, since that time, they had been working closely with Council Officers, consultees and stakeholders to refine the scheme, resulting in a positive recommendation from the Planning Officer. The design approach had carefully considered local area characteristics, the Churchdown and Innsworth Neighbourhood Development Plan and the Character Area Good Practice Assessment Guide. This had resulted in a scheme that would integrate well with the surrounding area and would be of high quality, providing good private and public amenity space. The designs had been tested against Building for a Healthy Life which was recognised within the  ...  view the full minutes text for item 45h

46.

Current Appeals and Appeal Decisions Update pdf icon PDF 134 KB

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

Minutes:

46.1          Attention was drawn to the current appeals and appeal decisions update, circulated at Pages No. 251-253.  Members were asked to consider the current planning and enforcement appeals received and the Department for Levelling Up, Housing and Communities appeal decisions issued.

46.2          A Member noted that none of the decisions listed at Page No. 253 of the report had been determined by the Planning Committee; the decision in relation to Alderton which had come to the Planning Committee was yet to be received but had been overturned as the Inspector had agreed with the Committee in relation to impact on landscape and public amenity.  She pointed out this was an extension to existing properties at Alderton.

46.3          It was

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