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Agenda, decisions and minutes

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

9.

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:

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

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

10.

Apologies for Absence and Substitutions

To receive apologies for absence and advise of any substitutions. 

Minutes:

10.1          Apologies for absence were received from Councillor M A Gore.  Councillor M J Williams would be acting as a substitute for the meeting. 

11.

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:

11.1           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

11.2           The following declarations were made:

Councillor

Application No./Agenda Item

Nature of Interest (where disclosed)

Declared Action in respect of Disclosure

G M Porter

Item 5c – 24/00323/FUL – Bickford House, Leckhampton Lane, Shurdington.

Is a Ward Councillor for the area.

Had been involved in relation to the removal of the site from the Green Belt in his role as Chair of Shurdington Parish Council but had not had any further involvement.

Would speak and vote.

R J E Vines

Item 5b – 22/01137/OUT – Land at Badgeworth Lane, Badgeworth.

Is a Gloucestershire County Councillor for the area.

Owns land adjoining the application site.

Would not speak or vote and would leave the room for consideration of this item.

R J E Vines

Item 5c – 24/00323/FUL – Bickford House, Leckhampton Lane, Shurdington.

Is a Gloucestershire County Councillor for the area.

Would speak and vote.

M J Williams

Item 5d – 24/00299/FUL – Chestnut Barn, Barrow, Boddington.

Is a Ward Councillor for the area but had not received any correspondence or expressed an opinion in relation to the application.

Would speak and vote.

11.3           There were no further declarations made on this occasion.

12.

Minutes pdf icon PDF 176 KB

To approve the Minutes of the meeting held on 23 May 2024.

Minutes:

12.1          The Minutes of the meeting held on 23 May 2024, copies of which had been circulated, were approved as a correct record and signed by the Chair. 

13.

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

Decision:

Agenda item

Planning reference

Site address

Officer recommendation

Committee outcome

5a

22/01163/FUL

Uckington Farm

The Green

Uckington

Delegated Permit

Delegated Permit

5b

22/01137/OUT

Land At Badgeworth Lane

Badgeworth Lane

Refuse

Refuse

5c

24/00323/FUL

Bickford House

Leckhampton Lane

Shurdington

Refuse

Refuse

5d

24/00299/FUL

Chestnut Barn

Barrow

Boddington

Refuse

Permit

 

 

Minutes:

13.1           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.

13a

22/01163/FUL - Uckington Farm, The Green, Uckington pdf icon PDF 370 KB

PROPOSAL: Demolition of agricultural buildings and erection of 16 dwellings, creation of access, landscaping and associated works.

 

OFFICER RECOMMENDATION: Delegated Permit.

Additional documents:

Minutes:

13.2           This application was for demolition of agricultural buildings and erection of 16 dwellings, creation of access, landscaping and associated works.

13.3           The Senior Planning Officer advised that, as set out in the Additional Representations Sheet, attached at Appendix 1, an updated education contribution had been provided by Gloucestershire County Council as the previous figure had expired.  Amended plans had also been submitted to provide for more traditional materials and design.  The application was for demolition of existing agricultural buildings and erection of 16 dwellings with vehicular access from the west and pedestrian access to the south.  The land was not currently farmed for food production with the existing land and buildings principally used for agricultural storage. The barns were considered to be in a poor state of repair.  In relation to principle, the site was located within the urban fringe settlement of Uckington and a small portion of the site was outside of the settlement boundary and would be used as an open space area with orchard tree planting.  In terms of the wider site layout, there would be a range of 1.5 and two storey dwellings with a mix of sizes, each with its own parking area and rear garden providing private amenity space. As mentioned, updated plans had been received to provide for a higher quality design with a more traditional design form by way of the red brick, roof materials, contrasting brick arched heads and cills.  The main area of discussion was in relation to the regional agricultural land classification maps produced by Natural England – a high level assessment produced in 2010 - which showed the site to be designated as Grade 1 agricultural land.  The applicant had provided an Agricultural Land Assessment which identified that the application site comprised only 16% Grade 1 agricultural land and concluded that this failed to meet the classification and should generally be considered as Grade 3b at best. Whilst the development would result in the loss of some Grade 1 land it would be a very small amount.  Following discussions and amendments, the Highway Authority had no objection to the proposal subject to conditions.  In relation to amenity, there was no objection from the Environmental Health Officer subject to conditions as each dwelling met the space standards and had been sensitively designed to ensure there was no overlooking to existing properties.  The scheme would provide six affordable units - three social rent and three shared ownership – equating to 37.5% affordable housing provision; a commuted sum of £60,000 would be paid via a Section 106 Agreement to bring it up to the required 40% and this had been reviewed and agreed with the Housing Strategy and Enabling Officer.  The site was not within a Conservation Area but was located within the setting of a number of listed buildings to the north as well as non-designated heritage assets to the south.  The Conservation Officer had reviewed the application and had no objection to the proposal.  By way of financial  ...  view the full minutes text for item 13a

13b

22/01137/OUT - Land at Badgeworth Lane, Badgeworth pdf icon PDF 371 KB

PROPOSAL: A cross subsidy affordable/open market residential development comprising up to 50 dwellings (of which 50% will be affordable housing and a further 10% will be self/custom build), vehicular and pedestrian access, internal streets, drainage, landscaping and all other ancillary engineering works.  All matters are reserved except for vehicular access onto Badgeworth Lane.

 

OFFICER RECOMMENDATION: Refuse

Additional documents:

Minutes:

13.12        This was an outline application for a cross-subsidy affordable/open market residential development comprising up to 50 dwellings (of which 50% would be affordable housing and a further 10% would be self/custom build), vehicular and pedestrian access, internal streets, drainage, landscaping and all other ancillary engineering works with all matters reserved except for vehicular access onto Badgeworth Lane.  It was noted that Councillor R J E Vines had left the room for consideration of this item in accordance with Minute No. PL.11.2.

13.13        The Senior Planning Officer drew attention to the Additional Representations Sheet, attached at Appendix 1, which provided an update in relation to self-build figures.  He advised that the existing site related to parcel of land off Badgeworth Lane which was currently in use for agricultural purposes. The land was enclosed by hedgerows and trees with the main front hedgerow protected by legislation.  The site was located outside the settlement boundary of Shurdington within the Green Belt.  In terms of the site history, the site was allocated for housing in the pre-submission version of the Tewkesbury Borough Plan and was proposed to be removed from the Green Belt.  Following a review by the Inspector, the housing allocation was deleted and the land reinstated as Green Belt.  The Inspector had stated that housing allocation SHU1 would significantly extend housing development along the A46, encroach into the countryside to the south of the village and breach the existing strong boundary formed by Badgeworth Lane.  The necessary exceptional circumstances to justify releasing the site from the Green Belt for housing purposes were not present, therefore the Inspector did not consider the site suitable for housing.  An application for an almost identical scheme had been withdrawn by the same applicant under reference 21/01286/OUT – that application was recommended for refusal with the same five refusal reasons as the current application but was withdrawn shortly before the Planning Committee meeting in June 2022.  This application was considered to be inappropriate development in Green Belt terms and should only be approved in very special circumstances. The applicant had put forward their case for very special circumstances, as had been circulated to Members of the Planning Committee the previous week, and whilst the Council acknowledged there were clear benefits to the proposal, it was not considered they amounted to being truly special. The majority of the benefits were provided as a consequence or result of the development and were policy requirements such as highway works to make the scheme safe, a 40% affordable housing contribution, education contributions and Community Infrastructure Levy which was a requirement of all residential development schemes.  By way of rural landscape, the scheme would introduce development that would not respond positively to, or respect, the character of the site, as such, it would be harmful to the character and appearance of the area.  The development would also require the removal of 19m of hedgerow and reduction of the height of the remainder to accommodate the highway works.  This hedgerow was protected  ...  view the full minutes text for item 13b

13c

24/00323/FUL - Bickford House, Leckhampton Lane, Shurdington pdf icon PDF 219 KB

PROPOSAL: Part two-storey and part single-storey side extension following demolition of existing single storey detached double garage.

 

OFFICER RECOMMENDATION: Refuse.

Additional documents:

Minutes:

13.17        This application was for a part two storey and part single storey side extension following demolition of existing single storey detached double garage.

13.18        The Planning Officer advised that this application related to Bickford House, a detached rendered dwelling located in Shurdington.  A range of trees and hedges were located along the front and side boundaries and the site was within both the Cotswolds National Landscape and Green Belt.  The plans showed a double garage and boot and utility room on the ground floor and a fifth bedroom with a dressing area and ensuite on the first floor.  The proposed southeast and northwest elevations showed that the proposed two storey side extension would have a hipped roof set lower than the ridge of the existing main dwelling which would protrude to the northeastern side elevation and encompass most of the area of the existing detached garage. Large, pitched roof dormer windows were proposed on either side of the roof slope and the scheme incorporated an integral garage with a large roller shutter door. The single storey element would be located to the rear of the proposed two storey side extension and would be stepped in slightly from the existing rear building line. The scheme proposed to use matching materials to the host property.  A permitted development fallback position of a detached single storey outbuilding that had been put forward as ‘very special circumstances’; however, as explained within the Committee report, the proposed fallback would be single storey which, by its nature, would be less visually intrusive when compared with the proposed two-storey extension.  Furthermore, the fallback position was for a single storey outbuilding comprising a gym, study and workshop. Therefore, as the applicant was seeking a fifth bedroom on the second floor, it was considered that the proposed fallback was not exactly what the applicant wanted to achieve in the application and was not comparable.  If the recommendation was overturned, the applicant could carry out the construction of the outbuilding as well as the proposed two storey side extension. Consequently, the very special circumstances that were necessary to justify the development did not exist.  The Planning Officer advised that, when conducting her site visit, whilst she did not enter through the gates, she could see the existing garage through the trees, and it was evident that the two storey extension would fill the existing gap.  The Officer recommendation was to refuse the application for the reasons outlined within the Committee report.

13.19        The Chair invited the applicant’s agent to address the Committee.  The applicant’s agent indicated that the applicant was seeking to provide modest additional living accommodation, as well as replacing the existing detached double garage with an integrated double garage. The existing double garage measured 52 sqm in floorspace and, following its removal, the proposed extension would only represent a 9% increase over the floorspace of the existing dwelling.  In their view, this increase was modest and allowed for a fully integrated design, reducing the spread of built  ...  view the full minutes text for item 13c

13d

24/00299/FUL - Chestnut Barn, Barrow, Boddington pdf icon PDF 179 KB

PROPOSAL: Erection of a new detached outbuilding for car parking and storage.

 

OFFICER RECOMMENDATION: Refuse.

Additional documents:

Minutes:

13.24        This application was for erection of a new detached outbuilding for car parking and storage.  The Planning Committee had visited the application site on Friday 14 June 2024.

13.25        The Planning Officer advised that the application related to Chestnut Barn, a detached converted barn located in Boddington.  The property was set back from a single track lane which served a small number of properties in the immediate vicinity of the site.  Although the barn was a non-designated heritage asset, it had undergone previous extensions and alterations which had reduced the barn-like character of the building.  Permitted development rights had been removed from the property and the site was within the Green Belt.  The garage would be positioned approximately 6.5m to the front of the property and would be 7m in width, 10m in length, 4m in pitch and 2.1m to the eaves.  It would be constructed from plain roof tiles, a brick plinth to match the main house and oak cladding.  The Officer recommendation was to refuse the application as set out in the Committee report.

13.26        The Chair invited the representative from Boddington Parish Council to address the Committee.  The Parish Council representative advised that the application had the full support of Boddington Parish Council and he was, therefore, extremely disappointed that this support appeared to have been totally disregarded by the Planning Officer who had recommended refusal, for grounds which were unknown.  He explained that Barrow was a hamlet of 24 homes and a Ministry of Defence site, spread along two lanes over half a mile.  It was very rural and they were fortunate to live in an area that many chose to travel to in order to walk their dog, ride their horse and to cycle.  There were large barns on the approach to Barrow from the southeast which were part of Boddington Estate followed by an impressive large whitewashed house called Barrow Court; beyond this and adjacent to Barrow Court was a large and well maintained field which was part of the grounds belonging to Chestnut Barn, which dropped down towards a copse and a lake with a distant backdrop of the Forest of Dean and the Malvern Hills.  Chestnut Barn resembled a property from a Country Life article – the home and grounds were immaculate and maintained to an exceptionally high standard.  The owners took great pride in the maintenance and presentation of their home and the wider community spaces.  They had exceptionally good taste and everything they did to their property brought elegance, class and refinement – the provision of a carport and storage space would be further evidence of this trend.  The plans were entirely in keeping with the local area and very similar to the car port and storage at ‘Sundorne’, thereby following a precedent that has already been set.  The Parish Council considered that the building would enhance the property and the aesthetics at the front of Chestnut Barn, providing symmetry and order and he trusted that the Committee would  ...  view the full minutes text for item 13d

14.

Current Appeals and Appeal Decisions Update pdf icon PDF 358 KB

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

Minutes:

14.1           Attention was drawn to the current appeals and appeal decisions update, circulated at Pages No. 119-120.  Members were asked to consider the current planning and enforcement appeals received and the Department for Levelling Up, Housing and Communities appeal decisions issued.

14.2          It was

RESOLVED          That the current appeals and appeal decisions be NOTED.