Agenda and minutes

Venue: Remote

Contact: Committee Administration 01905 722027, 722006, 722085 

Items
No. Item

10.

Declarations of Interest

To receive any declarations of interest.

Minutes:

The following declaration of disclosable interest was made:

 

Quarterly Review of Planning Appeal Decisions

(Minute No.16)

 

Councillor Berry – as an adjacent neighbour to the Old Northwick Farm appeal decision referred to in the report.  Councillor Berry elected to remain for the item.

11.

Minutes of Previous Planning Committee pdf icon PDF 65 KB

of the meeting held on 21st May 2020 to be approved and signed.

Minutes:

RESOLVED: That the minutes of the meeting held on 21st May 2020 be approved as a correct record and signed remotely by the Chairman.

 

Matters Arising:

 

Minute 6 - Application 19/00820/FUL - Land at Hindlip Lane

 

The Development Services Management Team Leader referred to the referral of the application to the National Planning Casework Unit and reported that the Secretary of State did not wish to call in the application.  The decision would now be issued.

 

12.

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.

13.

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.

14.

Application 19/00957/FUL - Steel Barn, Middle Battenhall Farm, Upper Battenhall pdf icon PDF 5 MB

The Deputy Director - Economic Development and Planning recommends that the Planning Committee grants planning permission, subject to the conditions set out in section 5 of this report.

Minutes:

Introduction

 

The Committee considered a report on 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 was reported to planning committee on the 7th May 2020 at which it was deferred, minded to refuse, on the following grounds:

 

In the opinion of the Local Planning Authority the proposal, by reason of the nature and scale of departures from the scheme granted Prior Approval under application reference PRA and the boundary fencing that has been erected, has a harmful visual impact that is out of character with the visual appearance of the surrounding area. The proposal would thereby also be contrary to Policy SWDP 21 of the South Worcestershire Development Plan 2016 and the aims and interests that the National Planning Policy Framework seeks to protect and promote.

 

The original report was attached as Appendix 1.

 

Report/Background/Late Papers

 

The report set out the comments of the Deputy Director – Economic Development and Planning relating in particular to the changes to the proposal since the committee meeting, primarily the reduction of the height of the fence to 1 metre, assessment of the reason for refusal and an assessment of the amended proposal.  Additional comments had been received from the applicant which were attached as Appendix 2 to the report.

 

The Committee’s attention was drawn to the late paper which related to correspondence from the City Council’s Planning Enforcement Officer to the applicant.

 

Officer Presentation

 

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

 

The Senior Planning Officer continued to recommend the application for approval but if Members resolved to refuse the application then a suggested reason for refusal was given at paragraph 6.1 of the report, although it remained her opinion that the reason was not sufficiently robust in light of the changes made in the scheme.

 

The conditions previously proposed had been revised and updated in line with the changes made, which were set out in paragraph 5.1 of the report.

 

 

Public Representations

 

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

 

Key Points of Debate

 

·         It was commented by some Members that the reasons for refusal were the same as previously and nothing fundamental had changed.  It was felt that the delay in the application coming back to Committee was to come up with reasons for defending at appeal.  It was also felt that the reasons for refusal at the last Committee had not been fully addressed.  It was asked how many appeals have the local authority lost and how many have had costs awarded to us.  A proposal to refuse the application was made citing the reason as set out in paragraph 6.1 of the report.

 

·         The Legal Team Manager, in response to the comments  ...  view the full minutes text for item 14.

15.

Public Path Diversion Order - Footpath No. Wr681 (Part) pdf icon PDF 70 KB

The Deputy Director - Governance recommends that the Committee authorise the Confirmation of The Worcester City Council (Footpath No. WR681)(Part) Public Path Diversion Order 2020 without modification as an unopposed Order.

 

Additional documents:

Minutes:

The Committee considered a report to authorise the confirmation of the Worcester City Council (Footpath No. WR681 (Part) Public Path Diversion Order 2020 without modification as an unopposed Order.

 

The Planning Committee had authorised the making of an Order to divert Footpath No. WR681 under Section 257 of the Town and Country Planning Act 1990 on the 21st March 2019. The Committee were satisfied that it was necessary to divert the bridleway in order to enable development to be carried out in accordance with Planning Consent P18K0195, for the erection of 25 dwellings following demolition of existing dwelling and creation of new site access at Buck Street.

 

The Worcester City Council (Footpath No. WR681)(Part) Public Footpath Diversion Order 2020 was made on 26th February 2020.  A copy of the Order was attached as Appendix 1 to the Officer’s report.

 

The diversion was necessary to facilitate the proposed development of the site for residential purposes.

 

Notice of Making the Order has been published in the local Newspaper, no representations against or objection to the Making of the Order have been received.

 

On being proposed and seconded 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 authorise the Confirmation of The Worcester City Council (Footpath No. WR681)(Part) Public Path Diversion Order 2020 without modification as an unopposed Order.

 

16.

Quarterly Review of Planning Appeal Decisions pdf icon PDF 105 KB

That the Committee note the report.

 

 

Additional documents:

Minutes:

The Committee considered a report on the quarterly review of planning appeal decisions.

 

The Development Management Services Team Leader in presenting the report informed Members that the report covered the period January to May 2020.

 

The appeal performance at paragraph 3 of the report included undetermined appeals, appeals received and appeals decided.  The appeal decisions for Land adjacent to Rosa Villa, Nunnery Lane, 27 Comer Road and Old Northwick Farm were attached as appendix 1 to the Officer’s report.  The comments of the Deputy Director – Economic Development and Planning, in respect of these decisions was highlighted in paragraph 4 of the report.

 

Members were informed that the next quarterly report would provide the outcome of at least 5 appeal decisions.

 

The Development Management Services Team Leader stated that the determination of appeals in this quarter has demonstrated that proposals determined by Planning Committee and under the Scheme of Delegation have been predominantly robust. This is a sign of there being a good appreciation of the relevant material considerations, but it is important to ensure that this continues and demonstrates that where the City Council has refused applications there has been legitimate reason for doing so.

 

Officers responded to questions from Members particularly around ‘Minded to Refuse’ applications for which some Members were not happy with the process.  Other Members welcomed the procedure.

 

The Development Management Services Team Leader reminded Members that the Planning Committee did review the procedure – Decisions Contrary to Officer Recommendation – at the meeting in April 2018.  At this time the Committee agreed to maintain and refine the existing procedure.  It was confirmed that although Worcester City Council was in a minority of Local Planning Authorities using this process, other local authorities did enquire about it.

 

RESOLVED: That the Committee note the report.

 

 

17.

Any Other Business

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

Minutes:

Committee Report Templates

 

The Deputy Director – Economic Development and Planning referred to the revised format of committee reports, recently introduced for planning applications.  Members were asked if they were in agreement to continue with the revised format.  This was agreed.