Agenda and draft minutes

To receive as a correct record the Minutes of meeting held on 25^th March 2024 (previously circulated). 

The minutes of 25^th March 2024 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 one dwelling (C3) and alterations to existing access.

A site visit was held in respect of this application on Monday 22^nd April 2024 by Cllrs Mandy Bannon, Louise Belcher, Dave Brookes, Keith Budden, John Hanson, Paul Newton and Joyce Pritchard. In attendance was Planning Applications Manager Mark Jackson. 

Under the scheme of public participation, Stephen Johnston, Stephen Hughes and Ward Councillor Tim Hamilton-Cox all spoke against the application. Richard Wood (Skandishack Architecture & Design) spoke in favour.

It was proposed by Councillor Martin Gawith and seconded by Councillor Sandra Thornberry:

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

Upon being put to the vote, 7 Councillors voted in favour of the proposal with 4 against and 2 abstentions, whereupon the Chair declared the proposal to have been carried.

Resolved:

That the application be approved subject to the following conditions:

1.     Time limit (Reserved matters required – except access).

2.     Approved plans.

3.     Submission of homeowner pack.

4.     Construction environmental management plan.

5.     Provision of Vehicular Access.

6.     Construction deliveries.

7.     Submission of hedge replacement scheme to access.

8.     Construction management plan.

9.     Surface water details.

10.  Foul drainage system details.

11.  Details of gates and fencing including height.

12.  Finished floor and garden levels.

13.  Unforeseen Contamination.

14.  Hours of construction.

15.  Nationally Described Space Standards.

16.  Removal of permitted development rights.

17.  Retention of visibility splays.

Outline application for the erection of 18 dwellings with associated access and change of use of barn to a mixed use comprising a dwelling (C3) and a shop/tearoom (A1/A3) and Relevant Demolition of the existing agricultural buildings (pursuant to the variation of condition 2 on 16/00397/OUT to amend the layout and appearance of the dwellings).

It was proposed by Councillor Keith Budden and seconded by Councillor Sandra Thornberry:

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

Upon being put to the vote, 11 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 a variation to the s106 agreement to reflect this permission and subject to the following conditions:

1.     Reserved matters application and timescale (varied to reflect commenced development).

2.     Accord with amended approved plans (varied to submitted plans).

3.     Archaeological building recording (varied to reflect previously agreed details).

4.     Construction management plan (varied to reflect previously agreed details).

5.     Tree protection plan (varied to reflect previously agreed details).

6.     Land contamination survey.

7.     Details of access road, footpath links and visibility splays.

8.     Surface water drainage scheme.

9.     Surface water maintenance scheme.

10.  Foul water drainage scheme.

11.  External materials details and samples (updated to reflect amended scheme and materials).

12.  Open Space maintenance.

13.  Play equipment.

14.  Off-site highway improvements.

15.  Tree mitigation measures.

16.  Car parking implementation.

17.  Hours of demolition and construction.

18.  Shop/café opening hours.

19.  Restriction on shop and tearooms.

20.  Remove dwellinghouse permitted development rights.

21.  Garage use restriction.

22.  Ecology and protect species survey (updated to reflect new report).

23.  Protection of visibility splays.

24.  Boundary treatments and hedgerows (new condition to reflect additional information).

25.  Grampian condition extended gardens (new condition to reflect additional information).

26.  Bin store details for plot 16 (new condition to reflect additional information).

Outline application for the erection of 18 dwellings with associated access and change of use of barn to a mixed use comprising a dwelling (C3) and a shop/tearoom (A1/A3) and Relevant Demolition of the existing agricultural buildings (pursuant to the variation of conditions 2 on planning permission 19/00245/VCN to make amendments to the approved scheme).

It was proposed by Councillor Keith Budden and seconded by Councillor John Hanson:

“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 3 abstentions, whereupon the Chair declared the proposal to have been carried.

Resolved:

That the application be approved subject to a variation to the s106 agreement to reflect this permission and subject to the following conditions:

1.     Reserved matters application and timescale (varied to reflect commenced development).

2.     Accord with amended approved plans (varied to submitted plans).

3.     Archaeological building recording (varied to reflect previously agreed details).

4.     Construction management plan (varied to reflect previously agreed details).

5.     Tree protection plan (varied to reflect previously agreed details).

6.     Land contamination survey.

7.     Details of access road, footpath links and visibility splays.

8.     Surface water drainage scheme.

9.     Surface water maintenance scheme.

10.  Foul water drainage scheme.

11.  External materials details and samples (updated to reflect amended scheme and materials).

12.  Open Space maintenance.

13.  Off-site highway improvements.

14.  Tree mitigation measures.

15.  Car parking implementation.

16.  Hours of demolition and construction.

17.  Shop/café opening hours.

18.  Restriction on shop and tearooms.

19.  Remove dwellinghouse permitted development rights.

20.  Garage use restriction.

21.  Ecology and protect species survey (updated to reflect new report).

22.  Protection of visibility splays.

23.  Boundary treatments and hedgerows (new condition to reflect additional information).

24.  Grampian condition extended gardens (new condition to reflect additional information).

25.  Bin store details for plot 16 (new condition to reflect additional information).

Change of use of agricultural land to residential curtilage.

During debate, Councillors requested that when discharging the planning conditions in relation to the boundary treatments, the applicant be discouraged from tall solid boarding timber fencing.

It was proposed by Councillor Keith Budden and seconded by Councillor Colin Hartley:

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

Upon being put to the vote, 12 Councillors voted in favour of the proposal with none against and 1 abstention, whereupon the Chair declared the proposal to have been carried.

Resolved:

That the application be approved subject to the following conditions:

1.    Timescale.

2.    Accord with approved plans.

3.    Contaminated land assessment.

4.    Details of boundary locations, types and heights.

5.    Remove permitted development outbuildings and boundary treatments.

6.    Grampian condition linked to VCN approvals to the north.

Change of use and conversion of existing ground floor office to HMO (C4).

It was proposed by Councillor Roger Dennison and seconded by Councillor John Hanson:

“That the application be refused for the reasons given in the Committee Report.”

Upon being put to the vote, 13 Councillors voted 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 refused to the following reasons:

1.     The concentration of HMOs within 100m of the subject building equates to 18%, which exceeds the maximum concentration of 10% prescribed by Policy DM13 of the Development Management DPD. The proposal would result in harm to the quality, character, housing mix and community of the local area, contrary to the aims and objectives of Policies DM1, DM13 and DM29 of the Development Management DPD, Policy SP9 of the Strategic Policies and Land Allocations DPD, the Residential Conversions and Houses in Multiple Occupation SPD, and Paragraph 135 of the National Planning Policy Framework.

2.     By virtue of the proposed layout, the shared living space would be subject to an inadequate level of natural light and an inadequate outlook. Consequently, the proposal would result in substandard living conditions detrimental to the amenity of future users and contrary to the requirements of Policies DM13 and DM29 of the Development Management DPD, Appendix B of the Residential Conversions and HMOs SPD, and Section 12 of the National Planning Policy Framework.

The Chief Officer - Planning and Climate Change submitted a Schedule of Planning Applications dealt with under the Scheme of Delegation of Planning Functions to Officers.

Resolved:

That the report be noted.