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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

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Items
No. Item

34.

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:

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

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

35.

Apologies for Absence and Substitutions

To receive apologies for absence and advise of any substitutions. 

Minutes:

35.1          Apologies for absence were received from Councillors R D East (Vice-Chair) and P W Ockelton.  There were no substitutions for the meeting.

36.

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:

36.1          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.

36.2          The following declarations were made:

Councillor

Application No./Agenda Item

Nature of Interest (where disclosed)

Declared Action in respect of Disclosure

M A Gore

Agenda Item 5d – 21/00449/FUL – The Old Apple Store, Toddington.

Had been contacted by the applicant in relation to the application but had not expressed an opinion.

Would speak and vote.

36.3          There were no further declarations made on this occasion.

37.

Minutes pdf icon PDF 2 MB

To approve the Minutes of the meeting held on 19 October 2021.

Minutes:

37.1          The Minutes of the meeting held on 19 October 2021, copies of which had been circulated, were approved as a correct record and signed by the Chair. 

38.

Development Control - Applications to the Borough Council pdf icon PDF 86 KB

Decision:

Item number

Planning reference

Site address

Officer recommendation

Committee outcome

5a

20/00245/FUL

Former Nortenham Allotments

Land West Of The A435

Bishops Cleeve

Delegated Permit

Delegated Permit

5b

21/00259/FUL

Land At Claydon Farm

Claydon

Tewkesbury

Permit

Delegated Permit

5c

21/00692/FUL

10 Yarlington Close

Bishops Cleeve

Permit

Permit

 

5d

21/00449/FUL

The Old Apple Store

Toddington

Permit

Permit

 

5e

20/00948/FUL

Stoke House

Stoke Road

Stoke Orchard

Delegated Permit

Delegated Permit

 

5f

21/00054/OUT

1 Court Drive

Apperley

Delegated Permit

Delegated Permit

 

 

 

Minutes:

38.1          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.

38a

20/00245/FUL - Former Nortenham Allotments, Land West of the A435, Bishop's Cleeve pdf icon PDF 243 KB

PROPOSAL: Erection of 113 dwellings, provision of access, drainage, public open space, landscaping and associated works.

 

OFFICER RECOMMENDATION: Delegated Permit.

Additional documents:

Minutes:

38.2          This application was for the erection of 113 dwellings, provision of access, drainage, public open space, landscaping and associated works.

38.3          The Planning Officer advised that the application required a Committee determination on the basis that it was a full application for the erection of more than 10 residential units.  She explained that the plans included in the presentation were the latest revisions which incorporated the changes to the fenestration design and layout, as mentioned in the Committee report, and the Additional Representations Sheet attached at Appendix 1, so there were some slight changes from the plans provided in the Committee report.  She went on to draw attention to Page No. 33, Paragraph 1.9 of the report, which stated that two pedestrian access points were proposed along the eastern boundary to the A435 and she clarified that, as stated at Page No. 42, Paragraph 7.32 of the report, the additional four pedestrian links were actually four pedestrian access points proposed to the edge of the land within the ownership of the applicant – three extending off the western boundary and the fourth from the south-west corner through the existing allotments. 

38.4          The Planning Officer advised that the application site was located to the west of the A435 within Bishop’s Cleeve and to the east of the Cleevelands development covering an area of approximately 3.9 hectares and was irregular in shape.  The parcel of land was bound by residential development to the west, allotments to the south-west, the Dean Brook to the north and the A435 to the east.  The site comprised grass areas and scrubland and was enclosed by a dense hedge along the northern and eastern boundaries and by a fence line along the western boundary.  Although the site was not subject to any landscape delegations, the land immediately adjacent to Dean Brook lay within Flood Zones 2 and 3 and a Public Right of Way ran through the site along the eastern boundary.  The application site had been identified in the Main Modifications Tewkesbury Borough Plan as a potential site allocation with an indicative capacity of 85 dwellings.  The application was submitted in full and sought permission for the construction of 113 dwellings which would include a mix of house sizes, from one bedroom to four bedroom properties, predominately two storeys in height.  The dwellings had been designed to reflect the more contemporary approach of the adjacent Cleevelands development.  The proposed development would deliver a mix of open market and affordable dwellings; overall, 39.82% of the dwellings would be affordable which equated to 45 of the 113 dwellings.  A single point of vehicular access to the development would be created off the A435 and four pedestrian links were shown to the boundary of the site to the west.  The submitted plans incorporated areas of green space and additional landscaping across the site, with an attenuation pond and a Locally Equipped Area for Play.  Since the application was first submitted, the proposal had been subject to revisions with  ...  view the full minutes text for item 38a

38b

21/00259/FUL - Land at Claydon Farm, Claydon, Tewkesbury pdf icon PDF 257 KB

PROPOSAL: Construction of a solar farm and battery storage facility together with all associated works, equipment and necessary infrastructure.

 

OFFICER RECOMMENDATION: Permit. 

Additional documents:

Minutes:

38.12        This application was for construction of a solar farm and battery storage facility together with all associated works, equipment and necessary infrastructure.

38.13        The Planning Officer advised that the application site comprised two connected parcels of land; the eastern parcel of the site was the largest at 96 hectares and comprised 12 agricultural fields located to the south of Claydon Farm and to the east of Fiddington.  Temporary permission was sought for a 40 year period for the solar panels, battery stations and associated equipment which would be removed after that time.  The western parcel of land extended to 0.37 hectares and comprised part of an agricultural field which was currently used for pastoral farming to the south of Bozard’s Lane, approximately 250 metres to the east of Tredington.  Planning permission was sought for that part of the site for a sub-station and associated access on a permanent basis.  The east and west parcel of land were connected by Bozard’s Lane and a cable linking the two parts of the proposal would be laid within the carriageway to connect the two parcels.  The applicant had advised that the solar farm would provide for up to 49.9 megawatts of electricity which could help meet the energy needs of approximately 10,000 homes and the proposal would make a significant contribution to meeting targets for renewable energy as well as the reduction of greenhouse gases.  The application was supported by a sequential analysis study and an agricultural land classification report which confirmed that the majority of the site was Grade 3b agricultural land.  The sequential analysis demonstrated that there were no available or suitable areas of previously developed land, or lower quality agricultural land, suitable for the development within a reasonable catchment area.  In terms of the visual impact of the solar farm, the site was outside of the Area of Outstanding Natural Beauty and Special Landscape Area, and the network of mature hedgerows and trees around the site and within the surrounding area filtered views into and across the site.  The overall impact of the proposed solar farm on the landscape character area and on the character of the site was considered by the Council’s Landscape Officer to be minor adverse; the impact of the development would ultimately be reversible.  There would be detrimental impact on residential amenity during the construction phase of the development; however, given this was temporary and the extent of the impact could be controlled and mitigated through conditions, it would not be unacceptable.  The Council’s Ecological Advisors and Tree Officer had been consulted on the application and raised no objection, subject to appropriate planning conditions to protect retained trees and secure the proposed biodiversity enhancements.  In addition, County Highways, the Lead Local Flood Authority and County Archaeologists also raised no objection to the proposal.  Overall, Officers considered that the benefits of the proposal outweighed the identified harm and the application was generally in accordance with development plan policy.  After publication of the Committee report,  ...  view the full minutes text for item 38b

38c

21/00692/FUL - 10 Yarlington Close, Bishop's Cleeve pdf icon PDF 102 KB

PROPOSAL: Erection of single storey and two storey rear extension, conversion of existing loft space to include removal of half-hips and creation of rear dormer extension.

 

OFFICER RECOMMENDATION: Permit.

Additional documents:

Minutes:

38.17        This application was for the erection of a single storey and two storey rear extension, conversion of existing loft space to include removal of half-hips and creation of rear dormer extension.

38.18        The Planning Officer advised that a Committee determination was required as the Parish Council had objected to the proposal on the grounds that the design was out of character with the area, the proposal was too large and overbearing and would have a harmful impact on neighbouring dwellings.  Whilst the Parish Council’s concerns had been noted, the two storey rear extension would only project out by 3.6 metres and the first floor aspect would only be 3.6 metres in width.  The rear dormer as revised had been reduced in size and would be set well down from the ridge line.  The dwelling had not been previously extended apart from a rear conservatory which would be removed as part of the proposal.  In relation to the impact on the neighbours, overlooking would not be harmful given that the window to window distance with the nearest neighbours at the rear would be approximately 23 metres.  It was recognised there would be some loss of light and outlook to the nearest dwellings to the west; however, taking into account that the application had been revised and would be further from the boundary, along with the orientation of the sun, it was not considered to be harmful and would not warrant refusal of planning permission.  Overall, the revised proposal was considered to be of a suitable size and design and there would be no adverse impact on the neighbouring properties, therefore, the Officer recommendation was to permit the application.

38.19        The Chair indicated that the Development Management Team Leader (South) would read out a statement from the applicant who had been unable to attend the meeting due to extenuating personal circumstances.  The Development Management Team Leader (South) doing so stated that the applicant had submitted plans to build a single storey and two storey extension at the back of his house and to convert current loft space into a dormer overlooking the back garden.  The application was very important to them as it would provide a family with young children with the space and amenities they would need as they grew up.  As part of the process, the proposals had been scrutinised by the Parish Council’s Planning Committee where they had been supported; however, the plans did not win universal support and a very small number of residents had registered their objections.  The concerns had been taken very seriously and the applicant had asked to meet with the planning authorities to understand the type and nature of the changes that could be made to ensure the proposals conformed with planning regulations.  The applicant had held open house meetings with the neighbours, as well as Parish Councillors and Borough Council Officers, where the proposed changes had been discussed and they had listened to the views expressed by others.  The changes included the  ...  view the full minutes text for item 38c

38d

21/00449/FUL - The Old Apple Store, Toddington pdf icon PDF 114 KB

PROPOSAL: Erection of a single storey side extension and installation of windows.

 

OFFICER RECOMMENDATION: Permit. 

Additional documents:

Minutes:

38.21        This application was for the erection of a single storey side extension and installation of windows. 

38.22        The Planning Officer advised that a Committee determination was required as a local Ward Member had called in the application to assess the impact on the Area of Outstanding Natural Beauty and the Special Landscape Area.  The dwelling was a former agricultural building which had been converted to a dwelling in 2007 and it was Officers’ view that any agricultural character had already been significantly diluted, meaning the addition of new windows and the proposed extension would be acceptable in the context and would not cause any additional harm.  The site was considered large enough to accommodate the extension and, whilst visible from the Special Landscape Area and Area of Outstanding Natural Beauty, the proposed alterations would appear insignificant in scale when viewed from those areas and would not have an adverse impact on the landscape character over and above the existing situation. As such, it was recommended that the application be permitted.

38.23        The Chair indicated that there were no public speakers for this item and he 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.

38e

20/00948/FUL - Stoke House, Stoke Road, Stoke Orchard pdf icon PDF 156 KB

PROPOSAL: Erection of two detached dwellings and associated garages.

 

OFFICER RECOMMENDATION: Delegated Permit. 

Additional documents:

Minutes:

38.24        This application was for the erection of two detached dwellings and associated garages.  It was noted that the application also involved the demolition of an existing garage and the erection of a new one for the host dwelling which needed to be added to the description of development.

38.25        The Planning Officer advised that the application required a Committee determination as the Parish Council had objected to the proposed development.   The application related to land at Stoke House which was currently occupied by a detached two storey property set back from the main road.  The site comprised a residential dwelling and its associated curtilage and was bound by hedgerows and wire fencing.  The application site was bordered by employment development to the north, residential development to the west and east and open fields to the south.  It was noted that the application site was not subject to any formal landscape designations.  The application was submitted in full and sought permission for the construction of two detached dwellings to the south of the existing property.  Each property would be two storeys in height and set back from the main road in a staggered fashion.  The dwellings would utilise the existing site access which currently served the existing dwelling and each property would benefit from space for turning and manoeuvring within the site whilst garaging would also be included for off-driveway parking.  An assessment of the material considerations was set out at Pages No. 147-154 of the Committee report.  At the time of writing the Committee report, a preliminary ecological appraisal had not been submitted; however, the agent had recently confirmed that the ecological survey on the application site had been carried out and that the report would be submitted for review shortly.  Given that the report had not been submitted or reviewed by the Council’s Ecologist, the Officer recommendation remained the same as detailed in the Committee report which was that authority be delegated to the Development Manager to permit the application, subject to the resolution of any outstanding matters referenced in the report, and the addition to/amendment of planning conditions as appropriate, if necessary.

38.26        The Chair invited the applicant’s agent to address the Committee.  The applicant’s agent thanked Officers for their thorough report and the recommendation for delegated permission, subject to conditions and the submission of the preliminary ecological appraisal.  He advised that the new homes would be located within the emerging settlement boundary of Stoke Orchard and would help the borough meet its housing supply targets.  As correctly stated in the report, the development would not result in any harms that would warrant refusal.  Members would also note there were no objections from residents or third party consultees.  Whilst concerns had been raised by the Parish Council, those matters had been considered fully by Officers.  In terms of highway impact and trip generation, the development was deemed safe and acceptable by County Highways and no objections were raised.  The applicant also proposed a new footway to the  ...  view the full minutes text for item 38e

38f

21/00054/OUT - 1 Court Drive, Apperley pdf icon PDF 159 KB

PROPOSAL: Outline application for the erection of a single dwelling; all matters except access reserved for future consideration.

 

OFFICER RECOMMENDATION: Delegated Permit.

Additional documents:

Minutes:

38.28        This was an outline application for the erection of a single dwelling; all matters except access reserved for future consideration.

38.29        The Planning Officer advised that the application required a Committee determination due to an objection from the Parish Council.  The application site was located along Court Drive, on the approach to Apperley Court, to the south core of the village of Apperley.  The site measured approximately 0.08 hectares and was broadly rectangular with its eastern boundary forming a road frontage onto Court Drive.  The site was formerly used as garden to No. 1 Court Drive and was laid to lawn.  The boundaries were defined by mature native hedges with some trees within.  The application sought outline planning permission for the erection of one dwelling with all matters reserved for future consideration except for access.  An indicative proposed site plan had been submitted which demonstrated how the dwelling and associated parking could be accommodated on site.  An assessment of the material considerations was set out at Pages No. 169-177 of the Committee report.  At the time of writing the Committee report, a preliminary ecological appraisal had not been submitted and the Planning Officer confirmed that the appraisal had recently been submitted and would now be review by the Council’s Ecologist.  Given that the appraisal had not yet been reviewed, the recommendation remained the same as detailed in the Committee report which was that authority be delegated to the Development Manager to permit the application, subject to the resolution of ecology matters and the addition to/amendment of planning conditions as appropriate, if necessary.

38.30        The Chair indicated that there were no public speakers for this item.  The Officer recommendation was that authority be delegated to the Development Manager to permit the application, subject to the resolution of ecology matters and the addition to/amendment of planning conditions as appropriate, if necessary, and he sought a motion from the floor.  It was proposed and seconded that authority be delegated to the Development Manager to permit the application in accordance with the Officer recommendation, subject to the removal of condition 12 in respect of cycle storage provision.  A Member indicated that there was clearly a pattern emerging with regard to the conditions around cycle storage provision and, whilst she accepted it was not the majority view, she wished to record her objection to the continual removal of conditions for cycle storage provision.  Upon being taken to the vote, It was

RESOLVED          That authority be DELEGATED to the Development Manager to PERMIT the application subject to the resolution of ecology matters, the addition to/amendment of planning conditions as appropriate, if necessary and the removal of condition 12 with respect to cycle storage provision.

39.

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:

39.1          Attention was drawn to the current appeals and appeal decisions update, circulated at Pages No. 184-195.  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          A Member drew attention to Page No. 191 of the report and the appeal decision in respect of application 20/00464/FUL – Part Parcel 3152, Tewkesbury Road, Deerhurst which had sought full planning permission for the erection of a B2 unit (general industrial) with associated landscaping, access and parking and outline planning permission (all matters reserved except access) for a mix of B1, B2 and B8 use classes (employment) and had been dismissed by the Inspector.  The application had been refused by the Planning Committee due to highway concerns which was contrary to the Officer’s minded to permit recommendation.  The Member felt that credit was not always given to the Committee for the sensible way in which it made decisions and the solid reasons for refusal that had been put forward in respect of this particular application had been accepted by the Inspector.

39.3          It was

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