Agenda and minutes

Venue: Guildhall

Contact: Committee Administration 01905 722027, 722006, 722085 

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Media

Items
No. Item

1.

Declarations of Interest

To receive any declarations of interest.

Minutes:

The following declarations of interest were made:

 

Application 20/00632/FUL – Land at Darwin Avenue

(Minute No.    )

 

All Members had received correspondence from the applicant, Bomford Developments Ltd,  in support of their application.

 

Application 20/00947/CU – 22a-23 The cross

(Minute No.    )

 

Councillor Hodges – Son owns a number of gaming shops in London but not related to this application. Councillor Hodges elected to speak and vote on the item.

 

Councillor Barnes and Johnson – As Council appointed representatives on Worcester Consolidated Municipal Charities who own adjacent properties.  Councillors Barnes and Johnson elected to speak and vote on the item.

 

Councillor Johnson – As a Member of the Licensing Sub-Committee who granted the licence to the applicant.  Councillor Johnson elected to speak and vote on the item.

 

Heritage at Risk in Worcester: Update and Review

(Minute No.   )

 

Councillor Agar – Knows a number of people associated with the Friends of St Matthews Church which relates to HAR Site Reference No. 13, War Memorial at Lichfield Avenue.  Councillor Agar elected to speak on the item.

 

Application 20/00546/FUL – Birchwood Mil, 51 Northwick Avenue

(Minute No.    )

 

Councillor Roberts – Knows the applicant.  Councillor Roberts elected to speak and vote on the item.

 

The following declaration of other disclosable interest was made:

 

Application 20/00632/FUL – Land at Darwin Avenue

(Minute No.    )

 

Councillor Roberts – Had spoken previously on this application as Ward Member, raising objections.  Councillor Roberts elected to speak as Ward Member again but will abstain from the debate and vote on the item.

 

 

 

 

 

2.

Minutes of Previous Planning Committee pdf icon PDF 121 KB

of the meeting held on 22nd April 2021 to be approved and signed.

Minutes:

RESOLVED: That the minutes of the meeting held on 22nd April 2021 be approved as a correct record and signed by the Chair.

 

Matters arising:

 

Minute 124 – Minutes of Previous Planning Committee – Local Government Ombudsman Complaint

 

The Chair referred to the report on this matter being prepared and scheduled for the next meeting of the Committee and asked why this was not on the agenda for today’s meeting.  Other Councillors also expressed their concern that this item was not on the agenda as it had been asked for several meetings ago.

 

It was agreed that the report would be on the agenda for the July meeting.

3.

Minutes of Previous Conservation Advisory Panel pdf icon PDF 209 KB

That the minutes of the Conservation Advisory Panel be received.

Additional documents:

Minutes:

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

4.

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.

5.

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:

Those representations made are recorded at the minute to which they relate.

6.

Application 21/00462/FUL - Land at Everard Close pdf icon PDF 550 KB

The Deputy Director -Governance recommends that the Planning Committee  grants planning permission  subject to the conditions as set out in Section 9 of the report.

 

Minutes:

Introduction

 

The Committee considered an application for the construction of a workshop (Use Class E(g) on land at Everard Close.

 

Reason Why Being Considered by Planning Committee

 

The application had been referred to the Planning Committee at the request of Councillor Mitchell on the grounds of the principle of development; and inappropriate location of an industrial unit resulting in loss of amenity.

 

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.

 

The Committee’s attention was drawn to the late paper which related to additional neighbour objections.

 

Officer Presentation

 

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

 

Public Representations

 

The following people had registered to speak on the application:

 

Kate Joiner (Objector) and Philip Deeley (Agent for the Applicant.

 

A local Ward Member, Councillor Mitchell also addressed the Committee objecting to the proposal.

 

Key Points of Debate

 

·         The objector in addressing committee stated that the proposal would have a detrimental impact on local residents on the basis of noise, design, parking and traffic and storage of hazardous materials.  The area is wholly residential and the proposed location of the workshop was out of keeping and unsympathetic to the residential area.  The objector responded to questions from Members relating to her concerns over the proposals.

 

·         The agent for the applicant stated that there were two main issues related to this application, one of them being the principle of development and it its impact upon amenity.  He referred to the new Use Class E(g) introduced September last year and national legislation states that this use can be carried in a residential area without detriment to that area and is an appropriate use.  If this use does cause detriment then planning enforcement can take action.  The second issue is one of design, the scheme was amended to mirror the existing garages in the area in terms of height, scale, massing and depth.  The agent for the applicant responded to questions from Members on various aspects of the proposal in relation to its potential usage and related issues, its location and design.

 

·         The local Ward Member, Councillor Mitchell addressed the Committee and commented on the details provided by the agent in his address to Committee.  It was considered that the application was vague and did not state what the workshop would be used for with no plans for soundproofing, extraction and attenuation.  He stated that this was an entirely residential area.  Although no objections from highways he stated that they considered it a borderline decision. He identified the close proximity of the proposed workshop to the residential properties.  He proposed three reasons for refusal and not ‘minded to refuse, for the Committee to consider, which were as follows:

 

1.   Significant impact on residential amenity.  The workshop is situated in an entirely residential neighbourhood and the impact upon the neighbouring residential properties  ...  view the full minutes text for item 6.

7.

Application 20/00632/FUL - Land at Darwin Avenue pdf icon PDF 554 KB

The Deputy Director - Governance recommends that the Planning Committee is minded to grant planning permission subject to:-

1.   the applicant and all persons having an interest in the land entering into an agreement under Section 106 of the Town and Country Planning Act in accordance with the agreed Heads of Terms, and

2.   subject to the Deputy Director - Governance being satisfied with the nature of such an Agreement delegate to the Managing Director approval to grant the necessary 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 demolition of three existing dwellings and erection of 50 dwellings for affordable housing, access, public open space and associated development including re-routing of the public footpath on land at Darwin Avenue.

 

Reason Why Being Considered by Planning Committee

 

The application was referred to Planning Committee on 25th February 2021.  At this meeting Members were minded to refuse planning permission, contrary to Officer’s recommendation, for the following reason:

 

The application site comprises 1.78 hectares of land off Darwin Avenue that includes land that is partially allocated for residential development by policy SWDP 43/1 of the adopted South Worcestershire Development Plan 2016  and land that is proposed for residential development by policy SWDP NEW 7 of the emerging South Worcestershire Development Plan Review (SWDPR) that also includes land that is currently designated as Green Space.

       

In the opinion of the Local Planning Authority, the adverse impacts of the proposed development would significantly and demonstrably outweigh the benefits when assessed against the policies in the Development Plan and NPPF taken as a whole. Specifically, the proposal would not constitute sustainable development on the grounds that the proposal would:

 

                 i.        conflict with policy SWDP 43/1 of the adopted South Worcestershire Development Plan and constitute overdevelopment of the site by extending beyond the current allocation for residential development;

                ii.        result in the loss of land within the Green Space network without adequate replacement provision within the proposed layout of equivalent value to the community in a suitable location contrary to policy SWDP 38 B (iii) of the South Worcestershire Development Plan

              iii.        compromise the character, quality and biodiversity value of the Green Space as a biodiversity corridor contrary to policy SWDP 22 F of the South Worcestershire Development Plan.

 

In accordance with the adopted procedure the application was deferred to enable to enable Officers to examine the proposed ground for refusal and to provide their professional opinion on the robustness of the same.

 

The previous report to Planning Committee on 25th February 2021 was attached as Appendix 1.

 

The Development Management Team Leader drew the Committee’s attention to the amendment of paragraph 1.5 of the report with regard to the Community Infrastructure Levy which should read In accordance with Regulation 14 of the Neighbourhood Planning (General) Regulations 2012, Warndon Parish Council are consulting on their draft Neighbourhood Plan from Monday 10th May 2021 to Monday 21st June 2021.

 

The comments from the applicant with regard to this were outlined in paragraph 1.6 of the report, with the officer’s response at paragraphs 1.7-1.10.

 

Report/Background/Late Papers

 

The report set out the comments of the Deputy Director – Governance which related to the grounds for refusal given at the last meeting.  In the summary of the report at paragraph 4.1 Members were asked to note that there may be consequences to the actions that Members take should they be required to defend  reasons for refusal at appeal.

 

The Committee’s attention was drawn to the late papers which  ...  view the full minutes text for item 7.

8.

Application 20/00947/CU - 22a-23 The Cross pdf icon PDF 436 KB

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

Minutes:

Introduction

 

The Committee considered an application for the Change of Use from a Bank (A2/E) to an Adult Gaming Centre (Sui Generis) at 22a-23 The Cross.

 

Reason Why Being Considered by Planning Committee

 

The application had been referred to the Planning Committee at the request of Councillor Denham on grounds as set out in paragraph 1.2 of the report.

 

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.

 

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

 

·         An additional consultation response from Worcestershire County Council – Strategic Planning and Public Health, who have no objection to the application; and

·         Comments submitted by the applicant in support of their application.

 

Officer Presentation

 

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

 

Public Representations

 

There had been no one registered to the speak on the application.  However, a local Ward Member, Councillor Denham addressed the Committee raising questions on the application.

 

Key Points of Debate

 

·         The local Ward Member, Councillor Denham in addressing the Committee highlighted her concerns as outlined in the report and asked Members to debate those issues she had raised.  She acknowledged that the hours of operation had reduced from the original application and was pleased to see conditions on operating hours up to midnight.

 

·         Some Members were against gambling sites but could find no material planning reason to refuse the application.  It was also felt that the building would be brought back into use as it had been vacant for three years and the proposal would create 6 jobs, although considered a low figure.  Whilst bringing the building back into use some Members questioned the proposed change of use and its impact on the regeneration of the City Centre, some considered an adult gaming centre not an appropriate business for the City Centre.

 

·         The Chair informed the Committee that he had sat on the Licensing Sub-Committee who had granted the Licence and they found no legitimate reason not to do so.  It was noted that the applicants had a good record elsewhere.

 

·         Members acknowledged that there was an Operational Management Plan in place and this was a condition if approved. There were no concerns from the police, subject to conditioned opening hours. Members did have concerns over mental health issues, young and vulnerable people in particular, although the late paper identified that Worcestershire County Council – Strategic Planning and Pubic Health now have no objection, subject to agreed conditions.

 

·         Following concerns about the external appearance of the building, the Senior Planning Officer stated that an application had recently been submitted for the shop frontage and clarified to Members what this would look like, it was what would be expected in a conservation area.

 

A proposal to approve the application, with the additional condition regarding archaeology, had been made and this  ...  view the full minutes text for item 8.

9.

Heritage at Risk in Worcester: Update and Review pdf icon PDF 197 KB

That the Committee note the contents of the 2021 Heritage at Risk Register and approve it for publication.

 

Additional documents:

Minutes:

The Committee considered the Heritage at Risk in Worcester update and review report.  The Register for 2021 was attached as Appendix 1 to the report.

 

An updated Heritage at Risk Register was approved for publication by Planning Committee in February 2020 and since that time officers have monitored progress and reviewed other assets for potential inclusion in the Register.  Four assets have ben removed and three address to the Register.

 

The Planning and Conservation Officer presented the report, in conjunction with a powerpoint presentation and responded to questions from Members.  In particular HAR reference No. 16 – 79-83 St Johns which has been on the register since 2012 and HAR reference No. 13 – War Memorial, Lichfield Avenue.  The Planning and Conservation Officer agreed to follow these up and report back to the relevant Members.

 

It is proposed to continue to monitor all entries on the Heritage at Risk Register quarterly, update actions, and update the register on a yearly basis.

 

RESOLVED: That the Committee note the contents of the 2021 Heritage at Risk Register and approve it for publication.

10.

Application 21/00094/FUL - Former Worcester Fire Station pdf icon PDF 1 MB

The Deputy Director - Governance recommends that:-

1.   the Planning Committee is minded to grant planning permission subject to the applicant and all persons having an interest in the land entering into an agreement under Section 106 of the Town and Country Planning Act in accordance with the agreed Heads of Terms: and

2.   subject to the Deputy Director - Governance being satisfied with the nature of such an Agreement delegate to the Managing Director approval to grant the necessary 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 conversion of former Worcester Fore Station to provide mixed use development comprising 28no. residential units and 335sq m commercial floor space for use as a food hall, shop and wine bar at the former Worcester Fire Station, Copenhagen Street.

 

Reason Why Being Considered by Planning Committee

 

The application was referred to the Planning Committee as it was in accordance with the adopted Scheme of Development as it was a major application.

 

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 the representations and consultations where applicable.  The draft Heads of Terms were attached as Appendix 1 to the report.

 

The Committee’s attention was drawn to the late paper which related to an amendment to condition 12.

 

Officer Presentation

 

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

 

Public Representations

 

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

 

Key Points of Debate

 

·         Concerns were raised over infrastructure and that approving this would put a strain on services.  It was commented that there was a shortage of car parking and that the cycle storage being proposed would not be used.  The County Council Highways representative stated the proposal was in a sustainable location and complies with the Streetscape Design Guide and there would be no reason why cars would be displaced.

 

·         The Chair commented that infrastructure was not a material consideration but the Development Management Team Leader did state that the various medical practices and NHS Acute Trust can write and request a contribution towards facilities and they could be considered under the Developers  Contribution SPD.  The application has also been subject to a Viability Assessment

 

·         The majority of Members were in support of the scheme and welcomed the use of the building and its mixed used development which has been vacant for some years.

A proposal to be minded to approve the application, subject to conditions as amended by the late paper and the completion of a Section 106 Agreement, had been made and this was seconded.  There being no further points made the Chair 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 as follows:

 

For – 10

Against - 1

Abstentions - 0

 

RESOLVED: That the Committee is minded is minded to grant planning permission subject to the applicant and all persons having an interest in the land entering into an agreement under Section 106 of the Town and Country Planning Act in accordance with the agreed Heads of Terms and subject to the Deputy Director - Governance being satisfied with the nature of such an Agreement delegate to the Managing Director approval to grant the necessary planning permission, subject to the conditions set out in section 9 of  ...  view the full minutes text for item 10.

11.

Application 20/00546/FUL - Birchwood Mill, 51 Northwick Close pdf icon PDF 1 MB

The Deputy Director - Governance recommends that the Planning Committee refuse planning permission for the reason set out in section 9 of this report.

Additional documents:

Minutes:

Introduction

 

The Committee considered an application for the demolition of existing buildings and structures and the construction of 3no. detached bungalows at Birchwood Mill, 51 Northwick Road.

 

Reason Why Being Considered by Planning Committee

 

The application had been referred to Planning Committee in accordance with the adopted Scheme of Delegation.

 

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 the representations and consultations where applicable.

 

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

 

·         Response to document from the planning agenda on 21st June 2021 for Committee as a late paper;

·         Comments on Committee report; and

·         Late paper from the applicant in support of his application.

 

Officer Presentation

 

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

 

Public Representations

 

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

 

Key Points of Debate

 

·         Members noted that there was nothing in the report on sustainable energy, it was confirmed by the Senior Planning Officer that it met policy requirements and above.

 

·         In referring to issues relating to footpaths in the Claines area it was commented that committee needed to be mindful of building properties close to them, particularly along the river.

 

·         The Senior Planning Officer, in response to a question, stated that if the application were approved it would be contrary to policy and the balance is so fine that it was considered that the Committee should determine the application.  She commented that the applicant and agent had improved the scheme and put in good measures, but her concerns were that some of the area of green space is being encroached upon and being lost.

 

·         Some Members welcomed the proposal and commented that the bungalows were well designed and met biodiversity policy requirements, it was also noted that neighbours were pleased to see the removal of leylandii trees.

 

·         It was felt that the exceptional circumstances have not been demonstrated and would therefore be contrary to policy.

 

A proposal to refuse the application had been made and this was seconded.  There being no further points made the Chair 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 refused as per the officer’s recommendation as set out below:

 

For – 6

Against - 3

Abstentions - 2

 

RESOLVED: That the Committee refuse planning permission for the

following reason:

 

South Worcestershire Development Plan Policy 38 states that development of Green Space will not be permitted other than in exceptional circumstances. This is consistent with the requirement to plan positively for the creation, protection, enhancement and management of networks of biodiversity and green infrastructure set out in the National Planning Policy Framework.

 

The site along with neighbouring gardens in the Green Space contribute to the spatial characteristics and distinctiveness of the local area.  ...  view the full minutes text for item 11.

12.

Application 21/00200/REM - Waitrose, 223, London Road pdf icon PDF 470 KB

The Deputy Director - Governance recommends that the Planning Committee grant planning permission subject to the conditions set out in section 9 of the report.

Minutes:

Introduction

 

The Committee considered an application to vary conditions 4, 6 and 7 of planning approval P17G0192to extend he delivery and lighting hours, service yard management plan and delivery/routing/ home delivery management plan at Waitrose, 223 London Road.

 

Reason Why Being Considered by Planning Committee

 

The application had been referred to the Planning Committee in accordance with the adopted Scheme of Delegation as the original application was determined by the Planning Committee and a temporary permission for six months was granted by the Committee on the 19th November 2020.

 

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 the representations and consultations where applicable.

 

There were no late papers circulated.

 

Officer Presentation

 

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

 

Public Representations

 

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

 

Key Points of Debate

 

·         It was noted that Worcestershire Regulatory Services had not identified an formal complaints regarding noise or light since the temporary permission was granted, but it was commented that complaints had been sent through to planning previously, but had now been resolved.  Reassurances were ought, however, over the direction of the lighting as the yard is only 57 metres away from the nearest property.

 

·         The Development Management Team Leader stated that there was no additional lighting and no change in light direction.  It was confirmed that  Worcestershire Regulatory Services has investigated issues of noise pollution but that has now been resolved.

 

·         Members agreed that the permission had been operating for 6 months already without any complaints.

 

A proposal to approve the application had been made and this was seconded.  There being no further points made the Chair 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 permission, subject to the conditions set out in the report.

 

13.

Any Other Business

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

Minutes:

None.