Agenda and minutes

Minutes of meeting held on 23^rd May 2022 (previously circulated). 

The minutes of 23^rd May 2022 were agreed as a true record and signed by the Chair.

There were no items of urgent business.

To receive declarations by Councillors of interests in respect of items on this Agenda. 

Councillors are reminded that, in accordance with the Localism Act 2011, they are required to declare any disclosable pecuniary interests which have not already been declared in the Council’s Register of Interests. (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting). 

Whilst not a legal requirement, in accordance with Council Procedure Rule 9 and in the interests of clarity and transparency, Councillors should declare any disclosable pecuniary interests which they have already declared in the Register, at this point in the meeting. 

In accordance with Part B Section 2 of the Code Of Conduct, Councillors are required to declare the existence and nature of any other interests as defined in paragraphs 8(1) or 9(2) of the Code of Conduct. 

There were no declarations of interest.

Outline application for the erection of up to 95 residential dwellings with associated access (pursuant to the variation of conditions 2, 6 and 10 on planning permission 19/00332/OUT for changes to the approved site access arrangements, the proposed great crested newt mitigation strategy and the provision to allow the flexibility for an updated AIA to be prepared and submitted at the time of a reserved matters application).

It was proposed by Councillor Robert Redfern and seconded by Councillor Malcolm Thomas:

“That the application be approved subject to the conditions in the Committee Report.”

Upon being put to the vote, 10 Councillors voted in favour of the proposal with none against and 2 abstentions, whereupon the Chair declared the proposal to have been carried.

Resolved:

That the application be approved subject to the conditions in the Committee Report and that the Head of Planning and Place be delegated to approve the application once the consultation period has expired (having regard to any representations received) and subject to the signing and completion of a Deed of Variation to the s106 planning obligation and subject to conditions 2, 6 and 10 be VARIED as follows with all remaining conditions re-imposed:

Condition 2:

The development hereby permitted shall be carried out in accordance with the submitted approved plans:

·       Location Plan Dwg No: 100 Rev A dated 23.03.2019

·       Development Parameters Dwg No: ID40627-001 dated 15.02.2019

·       Proposed Access Plan Dwg No: 21/469/SKH/004 Rev F

In particular, the built development shall be limited to the area marked as 'Development Area' on the approved Parameters Plan. Except for the above referenced plans, all the details indicated on the other drawings submitted shall be regarded as illustrative only and are not approved as part of the application.

Reason: In the interests of good design, securing development that is well-related with the existing settlement and in the interests of the visual amenity of the area.

Condition 6:

No development shall commence, except for any Advance Infrastructure and Enabling Works approved pursuant to Condition 3, until a Biodiversity and Landscape Mitigation and Management Plan (BLMMP) has been submitted to and approved in writing by the local planning authority, including a timetable for the implementation of the approved mitigation and enhancement measures. The BLMMP shall be based on the mitigation and enhancement measures set out in the submitted Ecological Appraisal (February 2019), and the adopted Habitat Regulation Assessment and Appropriate Assessment and must include the following:

·       No works to trees or shrubs shall occur or earth works commence between the 1st March and 31st August in any year unless it is confirmed by a suitably qualified ecologist and such is agreed in writing by the Local Planning Authority, that the area of works does not support nesting birds;

·       Further bat surveys if any trees identified to be retained as part of the outline approval are later proposed for removal;

·       Details of the GCN Mitigation Strategy (comprising details of, and a copy of, the  ...  view the full minutes text for item 17.

Erection of 7 dwellings and associated access road.

It was proposed by Councillor Keith Budden and seconded by Councillor Mel Guilding:

“That the application be approved subject to the conditions in the Committee Report.”

Upon being put to the vote, Councillors voted unanimously in favour of the proposal with none against and no abstentions, whereupon the Chair declared the proposal to have been carried.

Resolved:

That the application be approved subject to the conditions in the Committee Report and subject to a variation to the existing legal agreement to secure the following:

·       Linking of 21/01323/FUL to 16/01572/OUT

·       Delivery of affordable housing in accordance with submitted scheme (total of 9 units, 4 x affordable rent and 5 x shared ownership)

·       Payment of £10,708.16 towards upgrade of village play area

·       Management of open space across all development land

·       Requirement to deliver both planning permissions 21/01323/FUL and 16/01572/OUT (inc REM)

and subject to the following conditions:

1.     Time limit for development.

2.     Development to be in accordance with approved plans.

3.     Development to be carried out in accordance with the approved highway access arrangements.

4.     Installation of Newt Gully pots.

5.     Delivery of approved off site highway and ped links.

6.     Delivery of secure cycle storage sheds.

7.     Delivery of EV charge points.

8.     Installation of boundary treatments.

9.     Materials as per submitted details.

10.  Compliance with surface water and foul drainage details.

11.  Compliance with energy statement.

12.  Compliance with CEMP document.

13.  Compliance with tree protection details.

14.  Unforeseen contamination.

15.  Removal of Permitted Development (Parts 1 and 2).

Retention of workshop for use by wastewater network operations team as approved under temporary planning permission LCC/2017/0026.

It was proposed by Councillor Dave Brookes and seconded by Councillor Roger Dennison:

“That the City Council has no objection to the proposal subject to the conditions in the Committee Report and subject to amendment to conditions 2 and 3 to reflect 08:00 - 13:00 working arrangements on Saturdays.”

Upon being put to the vote, Councillors voted unanimously in favour of the proposal with none against and no abstentions, whereupon the Chair declared the proposal to have been carried.

Resolved:

That the City Council has no objection to the proposal subject to the conditions in the Committee Report and subject to amendment to conditions 2 and 3 to reflect 08:00 - 13:00 working arrangements on Saturdays:

1.     Five-year temporary approval.

2.     Hours of use restricted to 08:00 – 18:00 Monday to Friday and 08:00 - 13:00 on Saturdays only.

3.     External lighting restricted to 08:00 – 18:00 Monday to Friday and 08:00 - 13:00 on Saturdays only.

4.     Implementation of approved landscaping scheme.

Variation of legal agreement on 00/00920/OUT and subsequent renewal consent 05/01432/OUT to vary the terms of the Fourth Schedule concerning affordable housing in relation to the applicants land only, remove the requirements to obtain covenants from future land owners to restrict vehicular use over Mill Lane between points A and B (as set out in the Third Schedule), amend and partly discharge the provisions of the public open space obligations and to discharge the obligation relating to the provision of the industrial buildings.

It was proposed by Councillor Roger Dennison and seconded by Councillor Robert Redfern:

“That the application be approved subject to the conditions in the Committee Report.”

Upon being put to the vote, Councillors voted unanimously in favour of the proposal with none against and no abstentions, whereupon the Chair declared the proposal to have been carried.

Resolved:

That the application be approved subject to the conditions in the Committee Report and in accordance with S106(A) of the Town and County Planning Act subject to modification and discharge of the terms of the original agreement in relation to the applicant’s land subject to the changes set out below being executed by a legal Deed of Variation:  

1.     Paragraph 1, Third Schedule - to remove (discharge) this clause.

2.     Paragraph 2, Third Schedule - to remove this clause.

3.     Paragraph 1, Fourth Schedule - to remove this clause and to replace with new clauses to provide an off-site financial affordable housing contribution in lieu of on-site provision totalling £141,218.  

4.     Paragraphs 2 - 5, Fourth Schedule - to remove clause 2 – 5 and replace with amended provisions to transfer to the public open space to the Council within a prescribed period to be set out in the Deed. 

5.     Paragraph 7, Fourth Schedule - to remove (discharge) this obligation.

6.     Additional clauses to be included requiring (best endeavours) the applicant to put Mill Lane forward for adoption under s38 of the Highways Act.

The Service Head for Planning and Place submitted a Schedule of Planning Applications dealt with under the Scheme of Delegation of Planning Functions to Officers.

Resolved:

That the report be noted.