Agenda and minutes

Planning Committee
Thursday 31 January 2019 10.00 am

Venue: Council Chamber - Shire Hall, Gloucester. View directions

Contact: Andrea Griffiths 

Items
No. Item

1.

Declarations of interest

To receive declarations by members of (a) personal interests (including their nature) and (b) prejudicial interests under the Code of Conduct. Members who have an interest to declare are asked to complete the Declarations of Interests form at the back of the chamber.

Minutes:

Cllr Awford, Cllr Vines & Cllr Bird declared they were members of Tewkesbury Borough Council.  Cllr Vines added that he was a member of the TBC Planning Committee but had no involvement in the application before the Committee today. 

2.

Minutes of previous meeting pdf icon PDF 416 KB

The Committee is asked to approve the minutes of the meeting held on

22nd November 2018

Minutes:

Resolved

 

That the minutes of the meeting held on 22nd November 2018 be approved as a correct record and signed by the Chairman. 

3.

Public Questions

To answer any written public questions about matters which are within the powers and duties of the Committee.

 

The closing date/time for the receipt of questions is 10am on Thursday 24th January 2019. 

 

To answer any oral question(s) put by members of the public with the consent of the Chairperson.

Depending on the nature of the questions asked it may not be possible to provide a comprehensive answer at the meeting, in which case a written answer will be supplied as soon as reasonably possible after the meeting.

Minutes:

No public questions had been received. 

4.

Members' Questions

To answer any written members’ questions about matters which are within the powers and duties of the Committee.

 

The closing date/time for the receipt of questions is 10.00am on Thursday 24th January 2019. 

Minutes:

No Members questions had been received. 

5.

Members Site Visit pdf icon PDF 78 KB

To receive the notes of the Members Site Visit held on 24th January 2019.

Minutes:

Resolved:

 

That the notes of the Members’ Site Visit on the 24th January 2019 be received as a correct record.

6.

Land To West Of Wingmoor Farm, Stoke Road, Bishops Cleeve. Application No:18/0032/TWMAJW pdf icon PDF 603 KB

To consider a planning application to undertake bio solids cake liming treatment of sludge’s arising from the treatment of waste at the applicant’s Toddington Waste Treatment Centre, and bio-solids from waste water treatment facilities so it can be used as agricultural fertiliser and soil improver for a 5 year temporary period.

Minutes:

Ms Denness, Principal Lawyer advised the committee that an unregistered area of land included within the application boundary had been brought to the attention of the planning authority at the last minute.  Unfortunately the correct notices (under the Town and Country Planning (Development Management Procedure) (England) Order 2015) had not been served prior to the submission of the application as is required by law.  Members were advised that the ownership of the unregistered land had not been confirmed, therefore the committee were asked to defer the application at this stage, in order for the applicant to confirm the ownership (being within the ownership of the parties declared to the planning authority previously) or to allow the Applicant to remedy the anomaly by meeting the notice requirement.

In response to a question, members were advised that the unregistered piece of land related to the access to the application site and was subject to visibility concerns from the Local Highway Authority.

 

The Committee were advised that the Applicant had asked for the application to be considered at the meeting and issue a resolution in principle whilst the land ownership issue was resolved.  However, the Principal Lawyer reiterated the need for openness and transparency in the decision making process, stating any decision made at this stage could prejudice the Committee in considering the application at a later date should new information be brought before them.  The advice given by officers  was clear that it was necessary to defer rather than determine the application at this stage. 

 

Councillor Cordwell proposed a deferral of the application; this was seconded by Councillor Morgan. 

 

Councillor Vines added that he preferred to debate the application; he referred to the fact that there were numerous parcels of land that were unregistered and referred to other past applications.  The Principal Lawyer explained that the issue was not about the unregistered piece of land, it was the fact that there was a potential that the incorrect notice had been served as part of the planning process.  Members were informed that if this was the case, the correct notice needed to be served in order for the application to be valid.  In essence, the impropriety of the application needed to be resolved before determination of the application. 

 

Once again, Councillor Vines asked if there was a route to debate the application.  The Principal Lawyer reiterated that it would be improper to determine the application without the Committee having all the facts before them in relation to the application. To do so could prejudice the Committee from debating the application at a later date, therefore for the sake of transparency the best course of action at this stage was to defer the application. 

 

Councillor Bird questioned the purpose of the certification.  The Principal Lawyer explained that you did not need to be the land owner in order to submit a planning application however, an applicant wais required to serve notice on the respective landowner(s) to advise as to the proposed application. This  ...  view the full minutes text for item 6.

7.

Planning Enforcement Plan and Caseload Progress Report pdf icon PDF 66 KB

To identify the level and nature of enforcement activity undertaken by the Planning Enforcement team in 2018 and to update members on the progress of the draft Planning Enforcement Plan.

Minutes:

Andy Birchley, Enforcement Officer presented the report in detail.  The report identified the level and nature of enforcement activity undertaken by the Planning Enforcement Team.  The Committee also received an update on the progress on the Planning Enforcement Plan. 

 

Resolved

 

That the report be noted

8.

Delegated Decisions between 14th November 2018 & 18th January 2019. pdf icon PDF 57 KB

The Committee is asked to note the report. 

Minutes:

The Committee received the report.

 

Resolved

 

That the delegated decisions made between 14th July 2017 - 10th January 2018 be noted. 

9.

Any other business

Minutes:

The Chairperson kindly asked members to switch mobile phones to silent and refrain from answering whilst on the Site Visit meeting.  In addition, members were requested to not to engage with members of the public while on a site visit, as this could be perceived as pre-determination, which would prejudice members from taking part in the Committee meeting.  

 

In response to a question, it was explained that members of the public were invited to attend the site visit, however, it was at the Chairperson’s discretion if they were permitted to address the committee or not and they could only address the committee on factual matters relating to the site.

 

Officers explained that members of the public could ask factual questions of officers and were able to make representation at the formal committee meeting or via their Parish Council or County Council representative. 

 

Members were advised that the Site Visit guidance was available via the GCC website www.gloucestershire.gov.uk/planning-and-environment/speaking-at-planning-committee/

 

The Chairperson reiterated the need for professional conduct and transparency at all times.