Agenda and minutes

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.   

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

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

45.3          In accordance with Council Procedure Rule 1.2 the Chair used their discretion to vary the order of business so that Agenda Item 5a – 22/01225/APP – Land to the North of Innsworth Lane, Innsworth would be taken after Agenda Item 5g – 22/00979/FUL – Two Hoots, Alstone, Tewkesbury.

46.1          Apologies for absence were received from Councillors J K Smith and J P Mills.  Councillor C L J Carter would be a substitute for the meeting. 

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.

47.1          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. 

47.2          The following declarations were made:

47.3          There were no further declarations made on this occasion.

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

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

49.1          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.

PROPOSAL: Approval of reserved matters (appearance, landscape, layout, scale) for Phases 4 and 6 comprising development of new homes, landscaping, open space and associated works pursuant to outline permission 12/01256/OUT.

OFFICER RECOMMENDATION: Approve.

49.7          This was an approval of reserved matters (appearance, landscape, layout, scale) for Phases 4 and 6 comprising development of new homes, landscaping, open space and associated works pursuant to outline permission 12/01256/OUT.  The Planning Committee had visited the application site on Friday 17 February 2023.

49.8          The Development Management Team Leader (East) advised that the reserved matters application sought approval for appearance, landscape, layout and scale for 435 dwellings over two phases. Phase 4 would deliver 226 dwellings and Phase 6 would deliver 209 dwellings; combined the application would make provision for 149 affordable homes.  The application also sought to secure public open space and infrastructure pursuant to the outline application across Perrybrook for up to 1,500 dwellings on the wider site.  The principle of residential development at this site had been established through the grant of outline planning permission.  The key principles guiding the reserved matters applications had been approved by the planning authority through the outline consent which included approval of a Site Wide Concept Masterplan Document.  The current application sought approval of reserved matters in line with the Site Wide Concept Masterplan Document and the key issues to be considered were access, appearance, landscaping, layout and scale and compliance with the approved documents including the Design and Access Statement.  A number of matters which were the subject of other outline conditions were also considered within this application including affordable housing, housing mix, surface water and foul drainage.  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 Concept Masterplan Document and Design and Access Statement aspirations and were of an appropriate design.  County Highways had confirmed that the access, internal road layout and car parking provision were acceptable and in accordance with the Site Wide Concept Masterplan Document.  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 high quality, similarly, the market housing mix was considered acceptable for this phase of the development.  In terms of flood risk and drainage, the outline permission included a drainage strategy for the site and the reserved matters must include detailed drainage details for each phase of development to accord with that strategy.  Several conditions on the outline permission also required the development to accord with the approved flood level parameters.  The detailed drainage strategy and finished floor level information had been submitted with the application, the Lead Local Flood Authority had been consulted and had advised that the drainage strategy was suitable and the Environment Agency had confirmed that all finished floor levels accorded with the approved drainage strategy.  Concerns had been raised by some of the existing residents around the Brockworth area regarding the impact of construction traffic on existing sites which were being built out and the effect on the existing road networks.  The  ...  view the full minutes text for item 49a

PROPOSAL: Reserved matters application for Parcel H2 for appearance, landscaping, layout, and scale for the erection of 209 dwellings and associated works and infrastructure pursuant to outline permission 17/00520/OUT.

OFFICER RECOMMENDATION: Delegated Approve.

49.16        This was a reserved matters application for Parcel H2 for appearance, landscaping, layout and scale for the erection of 209 dwellings and associated works and infrastructure pursuant to outline permission 17/00520/OUT.

49.17        The Development Management Team Leader (East) advised that the application was seeking approval for access, appearance, layout, scale and landscaping for 209 dwellings – 136 market and 73 affordable dwellings – as well as public open space and infrastructure pursuant to the outline application for 850 dwellings on the wider site.  The current reserved matters application represented the whole of the Phase 3 residential area of the approved outline scheme as defined in the approved phasing plan.  This was the second phase of residential development on the site following approval of the first parcel by the Committee in December 2022.  The principle of residential development at the site had been established through the grant of outline planning permission. The key principles guiding the reserved matters applications had been approved by the planning authority though the outline consent which included the Site Wide Masterplan Document.  The current application sought approval of reserved matters pursuant to the outline planning permission and the approval of the Site Wide Masterplan Document.  The key issues to be considered in this application were access, appearance, landscaping, layout and scale and compliance with the approved documents, including the Site Wide Masterplan Document.  As set out in the Committee report, Officers had carefully considered the application and deemed that the reserved matters were in accordance with the Site Wide Masterplan Document aspirations.  County Highways had confirmed the access, internal road layout and car parking provision was acceptable and in accordance with the Site Wide Masterplan Document.  Officers were satisfied that the mix and clustering of affordable housing was in accordance with the requirements of the Section 106 Agreement including being tenure blind and of high quality.  Similarly, the market housing mix was considered acceptable.  In terms of flood risk and drainage, the outline permission included a drainage strategy for the site and the reserved matters must include detailed drainage information for each phase of the development to accord with that strategy.  Several conditions on the outline permission also required the development to accord with the approved flood level.  A detailed drainage strategy and finished floor level information had been submitted with the application, the Lead Local Flood Authority had been consulted and had advised the drainage strategy was suitable, and the Environment Agency had confirmed that all finished flood levels accorded with the strategy.  The Environmental Health Officer had requested further information on the internal and external mitigation measures in relation to noise impact, given the site’s proximity to the M5, along with submission of a Noise Impact Assessment; these had been provided by the applicant at a late stage so the Environmental Health Officer had not had chance to assess them and deem whether they were appropriate.  Taking all of this into consideration, Officers were of the view that the proposed development would be  ...  view the full minutes text for item 49b

PROPOSAL: Construction of accommodation block comprising 7 self-catered units (6 one-bedroomed studio suites and 1 two-bedroomed suite) and change of use of land for the siting of 6 shepherd's hut style camping pods.

OFFICER RECOMMENDATION: Delegated Permit.

49.23        This application was for construction of an accommodation block comprising seven self-catered units (6 one-bedroom studio suites and 1 two-bedroomed suite) and change of use land for the siting of six shepherd’s hut style camping pods. 

49.24        The Senior Planning Officer advised that the site included the adjoining field parcel to the immediate east of the public house which was considered to be a non-designated heritage asset and lay wholly within the Cotswold Area of Outstanding Natural Beauty.  The proposals were for accommodation in two locations on the site; a block of seven suites on the disused tennis court where the proposed structure would be cut into the existing slope of the land and was intended to be finished with a grass (green) roof and six shepherd’s huts located within the lower portion of the eastern field adjacent the existing car park.  The huts would have their own bathroom facilities with all kitchen and bathroom waste to be treated on site.  Gretton Parish Council had objected to the proposal as detailed within the Committee report.   A Landscape and Visual Impact Assessment had been submitted in support of the scheme by virtue of its location on the edge of the Cotswolds Area of Outstanding Natural Beauty and the predicted landscape and visual impacts were in keeping with the strategies and guidelines of the Cotswolds Area of Outstanding Natural Beauty Management Plan. Neither the Cotswolds Conservation Board nor the Council’s Heritage Adviser raised any objection to the scheme.  The accommodation would be accessed through the existing car park which served the public house; however, direct vehicular access to the accommodation would not be permitted.  The scheme proposed 13 allocated spaces for the occupiers of the accommodation, along with electric vehicle charging points, and covered secure cycle parking facilities.  County Highways raised no objection to the scheme.  There were no immediate neighbouring residential properties adjoining the site that would be impacted by the proposal with the nearest residential property ‘Field Watch’ lying approximately 50 metres to the west of the site.  No objection had been raised by the Environmental Health Officer; however, in line with similar approvals of this nature, it was recommended that conditions be included on the planning permission to ensure the site was properly managed so that any potential impact on neighbouring amenity was limited and to require the submission and approval of a noise management plan.  An amended ecological report had been provided following initial concerns raised by the ecological specialist and final comments were awaited in that regard.  Subject to the suggested conditions which sought to ensure satisfactory landscaping and mitigation measures, it was considered that the proposed development would constitute sustainable development in the context of the National Planning Policy Framework as a whole and it was therefore recommended that authority be delegated to the Development Management Manager to permit the application, subject to conditions and the satisfactory resolution of the outstanding matters as set out in the Committee report and consultation with the infrastructure manager  ...  view the full minutes text for item 49c

PROPOSAL: Erection of a wooden pergola and wooden children’s climbing frame (part retrospective) and installation of organic pool.

OFFICER RECOMMENDATION: Permit.

49.29        This application was for erection of a wooden pergola and wooden children’s climbing frame (part retrospective) and installation of an organic pool.  The Planning Committee had visited the application site on Friday 17 February 2023.

49.30        The Senior Planning Officer advised that this was a householder application for 1 Wood Stanway Drive in Bishop’s Cleeve which was a detached dwelling located in a cul-de-sac.  The proposal was for the retention of a wooden pergola and a children’s climbing frame in the rear garden and also included the installation of an organic pool.  A Committee determination was required as the Parish Council had objected on the grounds that the play equipment was overbearing and there was a loss of privacy to the occupiers of neighbouring dwellings, particularly in Snowshill Drive.  Whilst the objections of the Parish Council and the neighbours were understood, the applicant had revised the plans, lowering the height of the highest platform from 1.5 metres, as had been built, to 1.2 metres and had agreed to add a 2.7 metre high solid wood screening to the panel onto the climbing frame facing Snowshill Drive.  This meant that anyone standing on the platform level would have to be over 1.5 metres tall to look over the screen itself.  The applicant had also planted a row of evergreen pineapple broom trees along the fence boundary; these trees would grow up to a height of four metres, adding more screening.  The reduction of the platform height and installation of the screening panel could be secured by recommended conditions 2 and 3, the latter of which was included in the Additional Representations Sheet, attached at Appendix 1, and would ensure this was done within 28 days of the date of the planning permission.  Together with the existing pineapple broom trees, this was considered sufficient mitigation from overlooking and, as the pergola and organic pool were considered to be of a suitable size and design, the Officer recommendation was to permit the application.

49.31        The Chair invited the applicant to address the Committee.  The applicant advised that she and her husband first built the frame that they called ‘The Pirate Ship’ in 2017 and, during lockdowns through the COVID-19 pandemic it had proved to be an effective way to keep the children entertained and active during a time when many had been frustrated by the restrictions enforced upon them.  As such, it had both practical and sentimental value to them.  It acted as a centrepiece to their garden during gatherings and parties they had hosted and had been enjoyed by many children other than their own; that had continued to be the case since it was rebuilt after moving to a bigger garden.  The Pirate Ship had become essential in the ethos of their children’s outdoor play, engaging their adventurous natures and creativity, and she hoped that could continue.

49.32        The Chair indicated that the Officer recommendation was to permit the application and he sought a motion from the floor.  It was  ...  view the full minutes text for item 49d

PROPOSAL: Conversion and extension of an existing single storey double garage and replacement of an existing conservatory with a two storey side extension and alterations to the existing house.

OFFICER RECOMMENDATION: Permit.

49.35        This application was for the conversion and extension of an existing single storey double garage and replacement of an existing conservatory with a two storey side extension and alterations to the existing house.  The Planning Committee had visited the application site on Friday 17 February 2023.

49.36        The Senior Planning Officer advised that this was a householder application at Two Hoots in Alstone and the site was within the Area of Outstanding Natural Beauty.  A Committee determination was required as the Parish Council had raised objections about the impact on the adjacent listed buildings and the surrounding Area of Outstanding Natural Beauty.  In terms of the impact on the immediate neighbouring listed buildings, the Conservation Officer had been consulted and considered that the proposal alterations and extension would not generate a negative visual impact upon the setting of the listed buildings and there would be no harm to their residential amenity.  Overall, the proposal was considered to be of a suitable size and design and would not be harmful to the Area of Outstanding Natural Beauty nor the neighbouring listed buildings.  As such, the Officer recommendation was to permit the application.

49.37        The Chair indicated that there were no public speakers for this item.  The Officer recommendation was to permit the application and he sought a motion from the floor.  It was proposed and seconded that the application be permitted in accordance with the Officer recommendation.  The proposer of the motion sought clarification as to whether the two windows at the top of the new extension would be obscure glazed as the Parish Council had suggested they were being changed to clear glazing.  The Senior Planning Officer indicated that the plans stated the windows would be opaque and a condition could be added to the planning permission to ensure that was the case.  The proposer and seconder of the motion confirmed they wished to include a condition to that effect and, upon being put to the vote, it was

RESOLVED           That the application be PERMITTED in accordance with the Officer recommendation, subject to the inclusion of a condition to ensure that the two windows at the top of the new extension would be obscure glazed.

PROPOSAL: Approval of reserved matters in respect of the appearance, landscape, layout and scale, pursuant to planning permission 15/00749/OUT, for the erection of 257 dwellings, hard and soft landscaping, car parking including garages, internal access roads, footpaths and circulation areas, public open space and associated works, together with additional details as required by conditions 2, 3, 7, 12, 13, 14, 20, 22 and 33 on the new Phase 5 of Land North of Innsworth Lane, Innsworth.

OFFICER RECOMMENDATION: Approve.

49.38        This was an approval of reserved matters application in respect of the appearance, landscape, layout and scale pursuant to planning permission 15/00749/OUT for the erection of 257 dwellings, hard and soft landscaping, car parking, including garages, internal access roads, footpaths and circulation areas, public open space and associated works, together with additional details as required by conditions 2, 3, 7, 12, 13, 14, 20, 22 and 33 on the new Phase 5 of Land North of Innsworth Lane.  The Planning Committee had visited the application site on Friday 17 February 2023.  It was noted that Members had received an update sheet which included sensitive information and if those details needed to be discussed it would be necessary to move into separate business.

49.39        The Planning Officer advised that this was a reserved matters application seeking approval for access, appearance, layout and landscaping for 257 dwellings - 176 open market and 81 affordable – public open space and infrastructure pursuant to wider outline planning permission 15/00749/OUT for 1,300 dwellings.  The current application represented the whole of the Phase 5 residential area of the approved outline scheme shown in the revised phasing plan.  The application site was located in the eastern part of the outline site, adjacent to Frogfurlong Lane, and the reserved matters had already been approved for a number of other phases including Phase 1 East and Phase 2 to the south which were constructed/under construction.  The principle of residential development at this site had been established through the grant of outline planning permission and its subsequent allocation for housing in the Joint Core Strategy as part of the Innsworth and Twigworth Strategic Allocation (Policy A1).  The key principle guiding reserved matters applications had also been approved by the planning authority including a Site Wide Masterplan Document, site wide road principal infrastructure, including access onto Frogfurlong Lane, and site wide attenuation and drainage strategies.  Officers had worked closely with the applicant throughout the application process to ensure that the proposal accorded with the aspirations of the Site Wide Masterplan Document and, as set out in the Committee report, it was considered that the scale, layout, landscaping and appearance of the proposal was acceptable and of an appropriate design.  It was noted that the application site contained a number of green infrastructure corridors, including one to the north and one adjacent to Frogfurlong Lane.  Railings along the principal spine road would match phases to the south and street tree planting was incorporated into the layout.  In terms of flood risk and drainage, a detailed surface water drainage and Sustainable Urban Drainage System (SuDS) was submitted to, and subsequently approved by, the Council in October 2019.  The Lead Local Flood Authority had been consulted on the current scheme and had advised that the drainage strategy would be suitable as part of the overall approved drainage scheme.  The Environment Agency had also now confirmed it was satisfied and that all finished floor levels had been set at the appropriate height  ...  view the full minutes text for item 49f

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

50.1          Attention was drawn to the current appeals and appeal decisions update, circulated at Pages No. 247-249.  Members were asked to consider the current planning and enforcement appeals received and the Department for Levelling Up, Housing and Communities appeal decisions issued.

50.2          A Member noted the appeal decision set out at Page No. 248, Paragraph 2.1 of the report and asked if there was any reason why there was no indication given as to why the Inspector had dismissed the appeal.  In response, the Development Management Manager advised that consideration was being given to the style of the appeals report and it was intended that appeal decisions would be circulated directly to Members of the Planning Committee going forward.

50.3          It was

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

To consider the report on planning compliance activity for the period 1 January 2022-31 December 2022.

51.1          Attention was drawn to the report of the Development Management Manager, circulated at Pages No. 250-253, which informed Members of planning compliance activity during the 2022 calendar year.  Members were asked to consider the report.

51.2          Accordingly, it was

RESOLVED          That planning compliance activity for the 2022 calendar year be NOTED. 

PROPOSAL: Outline planning permission for the erection of up to 95 dwellings and up to 3ha of commercial space associated with the expansion of Highnam Business Centre as well as associated infrastructure with all matters reserved except for access.

OFFICER RECOMMENDATION: Minded to Refuse.

49.2          This was an outline application for the erection of up to 95 dwellings and up to three hectares of commercial space associated with the expansion of Highnam Business Centre, as well as associated infrastructure, with all matters reserved except for access.

49.3          The Planning Officer advised that the application proposed 1.9 hectares of commercial uses as an extension of Highnam Business Park, associated soft landscaping and a Sustainable Urban Drainage Scheme (SuDS).  Whilst the Tewkesbury Borough Plan allocated a 1.9 hectare extension of the Business Park, and the grey area outlined for development broadly equated with that, the view of Officers was that that part of the land for the 95 dwellings was outside of the settlement boundary of Highnam and therefore was in open countryside.  The application had been brought to Committee in June 2022 where Members had resolved that a split decision be issued with the commercial land permitted, subject to the relevant legal agreements, and the northern part for residential use be refused on the basis of the principle of development, the landscape impact, the lack of connectivity and the lack of a completed Section 106 Agreement.  Further to the Planning Committee resolution to issue a split decision, the applicant did not wish to progress with completing a legal agreement and had submitted a non-determination appeal for the entire site.  The Planning Inquiry was scheduled for April and the Local Planning Authority was required to prepare a Statement of Case setting out how the Committee would have determined the application as a whole if it had remained the determining authority.  As such, the application had been brought back to the Committee to set out the putative reasons for refusal which would form the basis of the Inquiry.  Members were requested to consider a recommendation of minded to refuse based on the putative reasons for refusal set out in the Committee report in relation to the principle of development; landscape impact focusing on the residential parcel; and the non-completion of planning obligations.  It was noted that connectivity had been part of the original refusal and Members had been made aware when it had been discussed at the previous Committee meeting that, whilst the access come out of the residential parcel of land, a footpath to the north of Newent Road provided access to Highnam and services to the south including a doctors’ surgery, nursery, shop etc.  It was noteworthy that a footpath within the existing residential development to the east was currently fenced off but it would be possible for future residents to access the new site subject to the removal of part of the fence so Members were asked to consider whether lack of integration should be part of the refusal with knowledge of that.

49.4          The Chair invited a local Ward Member to address the Committee.  The local Ward Member suggested that the grounds for putative refusal, as highlighted in his previous comments to the June 2022 Committee, as set out at Paragraph 7.21 of  ...  view the full minutes text for item 51a