Minutes:
The report before members detailed an application for the upgrading of the existing lake in order to utilise it for fishing. Works would include the increasing of the average depth from 3 metres to 3.8 metres and create a 2 metre wide ballast safety ledge around two sides of the lake. In addition it was proposed to create a small wildlife island within the lake.
Members noted that the application had been called in by Councillor Linda Van den Hende for the following reasons: The proposals were inappropriate in terms of size, lack of car parking and consideration for health and safety. Access to the site was shared and therefore whilst suggesting it would be for family only, control would be impossible. In addition the proposal would be very intrusive to the neighbouring property.
In accordance with the public speaking arrangements, the Committee was addressed by an objector with a response by the applicant. The objector raised issues which included the likelihood of the lake being used for commercial fishing; the proximity of the application site to neighbouring dwellings and the percentage of the site occupied by the lake. The applicant’s response referred to the works being undertaken to create a safety ledge and that the hours of construction would be subject to a planning condition, further the limited number of parking spaces (4) would restrict the use of the site to modest use.
With its agreement Councillor Linda Van den Hende addressed the Committee. Councillor Van den Hende commented that the lake was home to several large species of fish and that to move the fish whilst excavation works took place could lead to the possibility of disease to the stock. Councillor Van den Hende also commented that there was no capacity on the site to be able to provide four parking spaces as mentioned in the report and there was no provision for security to be stationed at the entrance to the site therefore allowing anyone access to the site. Councillor Van den Hende asked that the Committee gave consideration to refusing the scheme for the reasons mentioned above.
During the debate members clarified the proposed number of users of the lake and the distance of the lake from the neighbouring property. It was established that there was no objection from the Environment Agency and that no materials were to be taken from the site.
Following a motion to refuse planning permission which was lost by 4 votes to 5, it was RESOLVED that planning permission be granted subject to the conditions as set out in the report and to include an additional condition and the following amendments:
· Additional condition requiring submission, approval, implementation and adherence to a phasing plan to ensure that all importation of material onto the site necessary to undertake the approved development be completed within 3 years of commencement of development; plus;
· Amend condition 4 to delete reference to "…… particulars and specifications".
· In condition 9 insert after the end of the condition "and all other materials deposited on the land whether or not imported onto the application site shall be tested and shown to be free of any contamination
The vote for the resolution was carried by 5 votes to 4. Councillors Barrett, Hawthorn, O’Flynn and Burton voted against the resolution to grant planning permission.
As stated at the beginning of the minutes Councillor Barry Tebbutt declared a personal interest in item P0206.13. Councillor Tebbutt advised that he had used the application site for recreational purposes. Councillor Tebbutt left the room during the discussion and took no part in the voting.