Agenda and minutes

Venue: Remote

Contact: Committee Administration 01905 722027, 722006, 722085 

Items
No. Item

162.

Declarations of Interest

To receive any declarations of interest.

Minutes:

The following declarations of disclosable interest were made:

 

Application 20/00076/HP – 146 Bath Road

(Minute No. 170)

 

Councillor Bisset – as a friend of the applicant.  Councillor Bisset elected not to speak and vote on the item and left the remote meeting during the consideration of the item.

 

Application 19/00821/FUL – Nunnery Wood High School, Spetchley Road

(Minute No. 171)

 

Councillor Cawthorne – as a friend of the applicant.  Councillor Cawthorne elected not to speak and vote on the item and left the remote meeting during the consideration of the item.

 

Councillor Hodges – daughter is a Governor at the school.  Councillor Hodges elected not to speak and vote on the item and left the remote meeting during the consideration of the item.

 

Councillor Mitchell – as an immediate neighbour to the application site.  Councillor Mitchell elected not to speak and vote on the item and left the remote meeting during the consideration of the item.

 

Councillor Roberts – had received correspondence from a resident but had not responded.  Councillor Roberts elected to speak and vote on the item.

 

 

 

163.

Minutes of Previous Planning Committee pdf icon PDF 72 KB

of the meeting held on 23rd April 2020 to be approved and signed.

Minutes:

RESOLVED: That the minutes of the meeting held on 23rd April 2020 be approved as a correct record and signed remotely by the Chairman.

164.

Minutes of Previous Conservation Advisory Panel pdf icon PDF 53 KB

That the minutes of the Conservation Advisory Panel be received.

Minutes:

RESOLVED: That the minutes of the Conservation Advisory Panel be received.

165.

Public Participation

Up to a total of fifteen minutes can be allowed, each speaker being allocated a maximum of five minutes, for members of the public to present a petition, ask a question or comment on any matter on the Agenda or within the remit of the Committee in accordance with Committee Procedure Rule 10.

Minutes:

None.

166.

Public Representation

Members of the public will be allowed to address the Committee in respect of applications to be considered by the Committee in accordance with Committee Procedure Rule 11. Members of the public will address the Committee during the Committee’s consideration of the respective item.

Minutes:

None.  However, Councillor Mackay, as a local Ward Member, addressed the Committee with regard to Agenda Item 9.

 

167.

Riverside Conservation Area Appraisal pdf icon PDF 203 KB

1.       To  adopt  the  Riverside  Conservation  Area  Appraisal  as  a material consideration in development management decisions; and

 

2.      To amendthecurrentconservationareaboundaryasproposedin2.12, 2.13and 2.14 of this report.

 

 

Additional documents:

Minutes:

 

The Conservation Officer, presented a report on the Riverside Conservation Area Appraisal.

 

The Committee were being asked to consider that the Riverside Conservation Area Appraisal is adopted as a formal Council document to be used as a material consideration in the planning process and to consider the amendment of the current conservation area boundary as proposed in paragraphs 2.12, 2.13 and 2.14 of the report. The following appendices were attached to the report:

 

·         Appendix 1 – Response to Riverside comments; and

·         Appendix 2 – Riverside Conservation Area Appraisal for adoption.

 

The appraisal had been subject to a six week consultation and exhibition during July and August 2018. All residents, businesses and land owners within the Conservation Area were consulted by letter and asked to submit any comments via an online survey.  Papers copied were also made available at the Guildhall and the consultation advertised in the local press.  The consultation details, full draft appraisal document and feedback form were also made available on the Council’s website.  A public exhibition was held at the Guildhall.

 

As a result of amendments to the appraisal a second consultation was undertaken to allow residents to comment on the proposed amendment to the boundary of the conservation area at Park View Terrace.  Public exhibitions also took place in January 2020.

 

Takingaccountof allcommentsreceived,thedraftappraisalandmanagement proposalshavenow been updated, alsoto coordinatewhere appropriatewith themanagementproposalswithintheRiversidePark ManagementPlan.Theadoptionof theconservationareaappraisal and management proposalsisconsidered to be a positivemovetowardsthe managementof the Riverside Conservation Area.

 

The Conservation Officer responded to questions from Members who congratulated her on an excellent appraisal document.

 

On being proposed and seconded the report, as recommended, was unanimously agreed.

 

RESOLVED: That the Committee

 

1.      adopt the Riverside Conservation Area Appraisal as a material consideration in development management decisions; and

 

2.      agree to the amendment of the currentconse  ...  view the full minutes text for item 167.

168.

Park Avenue Conservation Area Designation and Article 4 Direction pdf icon PDF 211 KB

1.     TodesignatetheParkAvenueConservationAreaandto adoptthePark Avenue ConservationAreaAppraisalasa materialconsiderationin development management decisions; and

 

2.     To makeandservenoticeofanArticle4 (1)DirectionfortheParkAvenue Conservation Area.

 

Additional documents:

Minutes:

The Conservation Officer, presented a report on the Park Avenue Conservation Area designation and Article 4 Direction.

 

The Committee were being asked to consider that the Park Avenue Conservation Area be designated and that the Park Avenue Conservation Area Appraisal is adopted as a formal Council document to be used as a material consideration in the planning process. The following appendices were attached to the report:

 

·         Appendix 1 – Article 4 Direction;

·         Appendix 2 – Park Avenue Conservation Area Appraisal for adoption;

·         Appendix 3 – Responses to consultation comments of 2018;

·         Appendix 4 – Responses to consultation comments of 2019; and

·         Appendix 4 – Park Avenue Design Guide.

 

The character appraisal and proposed Article 4 Direction had been subject to a six week consultation from 1st November until 14th December 2018. The owners or occupiers of all properties within the Conservation Area, and other key stakeholders, were consulted by letter and invited to respond on the draft appraisal and proposed Article 4 Direction. The consultation details, full draft appraisal document and survey form were made available on the Council’s website and the consultation was advertised in the press. Manned public exhibitions had also been held in various locations.

 

All issues raised during the consultation were considered. The adoption of the conservation area appraisal and the making and serving of the notice of the Article 4 Direction were considered to be positive moves towards the management of the Park Avenue Conservation Area. To support the introduction of the Article 4 Direction a Design Guide has been produced for owners, residents and applicants.

 

Followingthemakingof theArticle4 Directiona “notice”of theorderwillbe publishedandservedon allresidentsof theParkAvenueConservationArea anda sitenoticedisplayedin atleast two placesintheconservationarea.On thedatethe noticeisfirstpublishedor displayed,theLocal Planning Authoritywillsend acopy of the Article 4Directionandthe notice ofthe direction to the Secretaryof  ...  view the full minutes text for item 168.

169.

Application 19/00957/FUL - Steel Barn, Middle Battenhall Farm, Upper Battenhall pdf icon PDF 1 MB

The Deputy Director - Economic Development and Planning recommends that the Planning Committee grant planning permission, subject to the conditions set out in section 9 of this report.

 

Minutes:

Introduction

 

The Committee considered an application for the change of use of former agricultural land to domestic curtilage, retention of boundary fencing, parking area and storage unit and installation of solar panels at Steel Barn, Middle Battenhall Farm, Upper Battenhall.

 

Reason Why Being Considered by Planning Committee

 

The application had been referred to Planning Committee at the request of Councillor Mackay on the grounds of ‘significant objection’.

 

Report/Background/Late Papers

 

The report set out the background to the proposal, the site and surrounding area, the proposal itself, relevant policies, planning history and representations and consultations where applicable.

 

There were no late papers circulated.

 

Officer Presentation

 

The information was presented as set out by the Deputy Director – Economic Development and Planning, in conjunction with a powerpoint presentation for the item.

 

Public Representations

 

There had been no one registered to speak on the application.  However a local Ward Member, Councillor Mackay addressed the Committee in support of the objections being made with regard to the application.

 

Key Points of Debate

 

·         The local Ward Member, in addressing the Committee, referred them to application PRA17L14 which was granted prior approval in May 2018, whereby concerns had been raised at the time.  As time has gone on the development on site had departed from the prior approval under this application. He was concerned that that the original plans had not been followed.

 

·         The local Ward Member responded to questions from Members with regard to the original plans and the details of the departure from these plans and lack of enforcement.

 

·         The Chairman stated that developers take a risk when building without planning permission, others saw it as an abuse of the planning system and the applicants should revert to the original plans.  It was commented that enforcement should have been taken place when development was happening.

 

·         The Development Management Team Leader responded to Members questions on points of clarification within the report, primarily in connection with the prior approval application, permitted development rights and retrospective applications.

 

·         Members generally shared the concerns of the retrospective application but the Chairman reminded Members, that although they may not approve the process of how the application had come before the Committee material planning reasons needed to be considered.

 

·         A proposal to refuse the application was made on the grounds of the sheer extent of the nature of departure from the original application which was out of character and unduly overbearing.  This was seconded.

 

The Legal Team Manager asked for clarification as to whether the application was ‘Minded to Refuse’ and in accordance with the adopted procedure a report would come back to Committee on the robustness of the reasons for refusal.  The Chairman confirmed that this would be the case.

 

Having noted Members discussions the Development Management Team Leader had drafted out putative reasons for refusal and read this out to Members which was agreed.

 

A proposal to refuse the application had been made and this was seconded and there being no further points made the Chairman asked the  ...  view the full minutes text for item 169.

170.

Application 20/00076/HP - 146 Bath Road pdf icon PDF 111 KB

The Deputy Director - Economic Development and Planning recommends that the Planning Committee grants planning permission, subject to the conditions set out in section 9 of this report.

Minutes:

Introduction

 

The Committee considered a retrospective application for the demolition of an existing conservatory and the construction of a garden room at 146, Bath Road.

 

Reason Why Being Considered by Planning Committee

 

The application had been referred to Planning Committee in accordance with the adopted Scheme of Delegation on the grounds that the applicant is an elected Member.

 

Report/Background/Late Papers

 

The report set out the background to the proposal, the site and surrounding area, the proposal itself, relevant policies, planning history and representations and consultations where necessary.

 

There were no late papers circulated.

 

Officer Presentation

 

The information was presented as set out by the Deputy Director – Economic Development and Planning, in conjunction with a powerpoint presentation.

 

The Development Management Services Team Leader stated that although this was a retrospective application Officers had no issues with the proposal.

 

Public Representations

 

There had been no one registered to speak on the application.

 

Key Points of Debate

 

·         In a previous application Members had already raised concerns over retrospective applications and those applicants, whether individuals or developers who flout the planning rules.

 

·         Concerns were now raised again as the applicant for the proposal before them was from an elected Member of the City Council who had not followed the correct procedure and applied for planning permission prior to the work being carried out.

 

·         Members agreed that the elected Member, a previous member of the Planning Committee, should have known better and were disappointed by what had happened.

 

·         A Member suggested that Councillor Stephen may wish to consider reporting himself to the Standards Committee concerning his failure to adhere to planning regulations.

 

·         Despite the retrospective application the Committee agreed that there were no planning reasons to refuse the application.

 

The application had been proposed and seconded and there being no further points made the Chairman asked the Legal Team Manager to request the voting of each Member of the Committee, who were eligible to vote.  Following the recording of the votes the proposal was agreed.

 

RESOLVED: That the Committee grant planning permission, subject to the conditions set out in paragraph 9 of the report.

 

171.

Application 19/00821/FUL - Nunnery Wood High School, Spetchley Road pdf icon PDF 1 MB

The Deputy Director - Economic Development and Planning recommends that the Planning Committee grant planning permission, subject to the conditions set out in section 9 of this report.

Additional documents:

Minutes:

Introduction

 

The Committee considered an application for the provision of a new 34 space car park at Nunnery Wood High School, Spetchley Road.

 

Reason Why Being Considered by Planning Committee

 

The application had been referred to the Planning Committee at the request of Councillor Mitchell on grounds relating to the concerns over the justification provided for the increase in parking and the loss of green space.

 

Report/Background/Late Papers

 

The report set out the background to the proposal, the site and surrounding area, the proposal itself, relevant policies, planning history and representations and consultations where applicable.

 

Since the original publication of the report on 18th March 2020 an updated report had been produced to address an extension of time for a decision on the application, issues raised by a neighbouring resident and the Officer’s response to those issues.  The updated report was attached as Appendix 1.

 

The Committee’s attention was drawn to the late papers which related to the following:

 

·         Email correspondence received from a local resident with regard to the proposal;

·         Information from the school regarding car parking need and loss of existing spaces; and

·         Further information from the school with regard to staff numbers and number of car parking spaces on the site.

 

Officer Presentation

 

The information was presented as set out by the Deputy Director – Economic Development and Planning, in conjunction with a powerpoint presentation.

 

Public Representations

 

There had been no one registered to speak on the application.

 

Key Points of Debate

 

·         In response to a question from the Chairman on the assessment for car parking at schools the County Council Highway representative stated that car parking is provided for staff members and not the public i.e. 1 space per member of staff.  As set out in the late paper there would be 187 members of staff on site as of 1st September 2020 which would not exceed the Highway Authority standards.

·         Members agreed that there is a problem at the school which was exacerbated by the success of the sports centre and at times there was a need for additional parking.  It was felt that the school were taking a step in the right direction by requesting the additional spaces and that improvements were also being made to the main entrance, as set out in the late paper.

 

·         Some Members, familiar with the site, stated that this was always a challenging area for car parking and it was right for the school to look at solutions.  It was commented that a better bus service would be good for the area.  It was noted that mitigation measures had been put in place with regard to some of the concerns raised by residents.

 

The application had been proposed and seconded and there being no further points made the Chairman asked the Legal Team Manager to request the voting of each Member of the Committee, who were eligible to vote.  Following the recording of the votes the proposal was unanimously agreed.

 

RESOLVED: That the Committee grant planning  ...  view the full minutes text for item 171.

172.

Any Other Business

Which in the opinion of the Chairman is of sufficient urgency as to warrant consideration.

Minutes:

Provision of Information by Applicants

 

The Chairman commented that he expects all applicants, be they private or public bodies, to provide relevant information to the Committee when requested and it was disappointing that Nunnery Wood High School had, after 2 requests, only just managed to provide critical information 24 hours before the Committee in the form of a late paper.

 

Late Papers

 

Following a debate on the issuing of late papers by Officers to Members of the Planning Committee, prior to the meeting, the Chairman asked the Deputy Director – Economic Development and Planning to look at the current policy with a view to bringing back a report to a future Committee for Members to review.

 

Frequency of Meetings

 

The Chairman agreed to keep this under review and confirmed that the next meeting would be in 2 weeks time on 21st May 2020.