Agenda and minutes

To approve as a correct record the minutes of the meetings of the Committee held on 19 June and 26 June 2014 and to authorise the Chairman to sign them.

The minutes of the meetings held on 19 June and 26 June 2014 were agreed as a correct record and signed by the Chairman.

This item was deferred at officer’s request to consider further the policy issues raised by the loss of the swimming pool.

The application before members sought planning permission for the change of use of the existing vacant A1 retail unit to an A3 restaurant use with a rear external extract duct. Internal alterations would be made to accommodate the new layout and appropriate extract equipment would be installed on the rear elevation.

Members noted that the application had been called in by Councillor Steven Kelly on the grounds that in the past Highway objections had always been overruled as far as other local area developments were concerned and therefore this particular item should be looked at in the generality of the area.

During the debate members noted that the property had been empty for approximately four and a half years. Members gave consideration to the sustainability of other retail uses to which the property could be put and noted the lack of parking provision that was afforded to other nearby businesses, with particular reference made to existing take-away operators.

Members also discussed the adjacent Tesco Express supermarket and the increased traffic flow that the store generated in the area and the hours of operation of the proposed business. 

During the debate members were also mindful of the parking provision, at the site, that had previously been allocated to the residential units situated above the retail unit. Members were informed that the current parking layout required revision as it conflicted with a pre-existing and implemented planning permission.

The report recommended that planning permission be refused, however following a motion to approve planning permission, which was carried by 10 votes to 0 with 1 abstention, it was RESOLVED to delegate to the Head of Regulatory Services to grant planning permission subject to agreement to the revisions to plan(s) to clearly show the retention of three parking spaces for the upper floor residential units and the following conditions:

1.            Standard 3 year time limit condition;

2.            In accordance with plans;

3.            Hours of operation – Monday-Saturday 12:00 hours to 00:00 hours, Sundays and Bank Holidays 12:00 hours to 23:00 hours;

4.            Details of noise insulation;

5.            Noise levels of machinery;

6.            Extract equipment to be installed;

7.            Submission of an anti-vibration and noise scheme for plant;

8.            Submission of a waste management scheme;

9.            Parking provision to be retained for upper floor flats.

The reason for the approval was that Members felt the premises was situated within a commercial area where some late night disturbance could be expected and did not consider that there was a need for off street parking for a restaurant in this particular location.

The vote for the resolution to grant planning permission was carried by 9 votes to 0 with 2 abstentions.

Councillors White and Martin abstained from voting.

The application before Members sought planning permission for the demolition of the single storey rear extension and the erection of a single storey rear extension, with a depth of 4 metres, a width of 6.4 metres and a height of 3.3 metres with a crown roof.

During the debate Members sought and received clarification on the total percentage  increase in size of the original property taking account of previous extensions.

Members noted that the original property had benefitted from an incremental increase of approximately 110%. Members commented that this level of increase was unacceptable in the Green Belt and would adversely affect the open nature and character of the Green Belt.

The report recommended that planning permission be granted, however following a motion to refuse the granting of planning permission which was carried by 7 votes to 3 with 1 abstention, it was RESOLVED that planning permission be refused for the reason that the proposed extension, in combination with previous enlargements, represented disproportionate additions to the building within the Green Belt, contrary to National Planning Policy Framework (NPPF) and Policy DC45 of the Local Development Framework.

The vote for the resolution to refuse planning permission was carried by 6 votes to 4 with 1 abstention.

Councillors Crowder, Kelly, White, Van den Hende, Martin and Williamson voted for the resolution to refuse the granting of planning permission.

Councillors Misir, Dodin, Hawthorn and Ower voted against the resolution to refuse the granting of planning permission.

Councillor Best abstained from voting. 

The Committee considered the report and without debate RESOLVED that planning permission be granted subject to the conditions as set out in the report and to include an additional condition(s) requiring the provision of refuse and cycle storage facilities in accordance with the submitted details.

The Committee considered the report and without debate RESOLVED that planning permission be granted subject to the conditions as set out in the report.

The application before Members proposed the erection of nine 2 bedroom flats with associated amenity space, car park, landscaping, cycle parking and refuse storage.

Members noted that a late letter of representation had been received objecting to the application on the ground of lack of parking and other non-material planning issues. 

During the debate Members received clarification on the height of the proposed development and discussed the merits of the proposal compared to previous applications on this site.   Members agreed that a previous application, that included provision for houses, had been more in keeping with other properties in the area and that the current application was quite imposing on the streetscene.

The report recommended that planning permission be granted, however the vote for this recommendation was lost by 2 votes to 9. Following a motion to refuse planning permission which was carried by 10 votes to 1, it was RESOLVED that planning permission be refused on the grounds of:

1.            Inappropriate bulk and mass of the proposal causing harm to the streetscene.

2.            The provision of flat block nearest to No.1 Oaklands Avenue would be out of keeping with this part of the street.

The vote for the resolution to refuse the granting of planning permission was carried by 10 votes to 1.

Councillor Ower voted against the resolution to refuse planning permission.

The Committee considered the report noting that the proposed development was liable for a Mayoral CIL contribution of £8,960 and RESOLVED that the proposal was unacceptable as it stood but would be acceptable subject to the applicant entering into a Deed of Variation under Section 106A of the Town and Country Planning Act 1990 (as amended) to vary the legal agreement completed on 25 February 2014 in respect of planning permission P0151.13by varying the definition of Planning Permission which shall mean either planning permission P0151.13 as originally granted or planning permission P0543.14 as proposed and set out in the report.

The Developer/Owner shall pay the Council’s legal costs associated with the preparation of the Deed of Variation irrespective of whether the matter is completed.

Save for the variation set out above and any necessary consequential amendments the section 106 agreement dated 25 February 2014 all recitals, terms, covenants and obligations in the said section 106 Agreement shall remain unchanged.

That staff be authorised to enter into a Deed of Variation to secure the above and upon completion of that agreement that the Committee delegate authority to the Head of Regulatory Services to grant planning permission subject to the conditions as set out in the report.

The application before the Committee related to a site within the Green Belt on the corner of Straight Road and Lower Bedfords Road which was previously woodland, but had been used for residential purposes since 2001. Temporary planning permission had expired and an enforcement notice recently served. The application sought temporary planning permission to use the site for five pitches for gypsy and traveller accommodation.

During a brief debate Members received clarification on the current enforcement action at the site and the progress of the Council’s Gypsy and Traveller Local Plan. Responding to questions raised by members, officers confirmed that the approval of this application would not affect the allocation of traveller pitches under the Gypsy and Traveller Plan. 

It was RESOLVED that planning permission be granted subject to the conditions as set out in the report.