Agenda and minutes

Planning Committee - Thursday 21 November 2019 10.00 am

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

Items
No. Item

19.

Chairman's Opening Note

Minutes:

The Chairman wished to extend condolences on behalf of the Committee to Cllr Cordwell, who had recently suffered a family bereavement.   

 

The Committee also sent their best wishes to Cllr Vines for his  recovery. 

20.

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:

No declarations of interest were made.  

21.

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 14th November 2019. 

 

Minutes:

No public questions had been received. 

22.

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 10am on Thursday 14th November 2019. 

Minutes:

No Member’s questions had been received.

23.

Minutes of previous meeting pdf icon PDF 202 KB

The Committee is asked to approve the minutes of the previous meeting. 

Minutes:

Resolved

 

That the Minutes of the meeting held on 26th September 2019 be approved as a correct record and signed by the Chairman. 

24.

Enforcement Report pdf icon PDF 69 KB

The Committee is asked to note the report. 

Minutes:

Andy Birchley, Enforcement Officer presented the report in detail.  Members were advised that there were 55 new enquiries which had led to formal investigation. 

 

Mr Birchley explained that when the Council’s requirements were not met, following a reasonable period given to comply, and where the identified breach is serious, then formal action would be considered to remedy the situation. This usually involved service of a Notice and/or Prosecution.

 

Members were advised that 5 Breach of Conditions Notices were currently in force relating to operational hours at Westington Quarry. Prosecution proceedings had taken place against the operator in respect of the alleged breach of some of these notices. The prosecutions were originally due to come to Court in April 2019, but were adjourned at the Defendant’s request to 30th September 2019; this has further adjourned to 19th November 2019. Members were advised that the court proceedings had concluded on the 19th November 2019 and 6 charges relating to 3 offences had been admitted, which resulted in costs and fines of approximately £10k.  The Lead Commissioner explained that Officer time related to the Planning team only (legal costs not included), and the time equated to just over £3K

 

I explained that the Council had tried to work with the operator to resolve the matter without the need for legal action, however this approach had not worked and so prosecution was taken as a regrettable but necessary last resort.

 

It was noted that a further Breach of Condition Notice was in force at Westington Quarry, relating to approved noise levels being exceeded. In addition a Noise Abatement Order had been served by Cotswold District Council’s Environmental Health team, who were monitoring noise levels.

 

Mr Birchley invited members to consider whether they wanted to receive the report in a different format, and include anything else. Cllr Parsons commented that the minutes were very readable so didn’t think they needed to change, and no other members raised any other point. 

 

Members thanked Mr Birchley for the update and felt it was advisable to highlight the case in the Press to ensure it was well reported. 

 

Members welcomed the report. 

 

Resolved

 

That the report be noted. 

25.

Delegated Decisions taken between 12th September - 7th November 2019. pdf icon PDF 39 KB

The Committee is asked to note the report. 

Minutes:

Sarah Pearse, Principal Planning Officer presented the report. 

 

Resolved

 

That the delegated decisions made between 12th September and the 7th November be noted. 

 

At this juncture the Chairman adjourned the meeting until 10:30am, as some members had called to say they were stuck in traffic. 

26.

Application No: 18/0032/TWMAJW Land to the West of Wingmoor Farm, Stoke Road, Bishops Cleeve. pdf icon PDF 137 KB

Members are invited to consider whether planning permission should be granted subject to the  proposed conditions and without the need for a S106 legal agreement and also subject to any call in by the Secretary of State under the Town and Country Planning (Consultation) (England) Direction 2009 as “Green Belt development”.

Additional documents:

Minutes:

Councillor Wheeler referred to the additional information at the rear of Chamber, he felt it was unreasonable to expect Members to read the information at such short notice.  The Chairperson advised Members that the additional information had been supplied by Mr Chatham, who was representing Stoke Orchard and Tredington Parish Council. 

 

Prior to the presentation, Mr Canney also made reference to written response from Uckington Parish Council (a copy is attached to the signed Mnutes), which was made available at the rear of the Chamber. It was explained that all matters raised had been covered in the previous and updated reports.  

 

An update of the application was presented by Denis Canney, Senior Planning Officer. 

 

Mr Canney explained that this application was due to be reported to the Planning Committee on 31st January 2019. However, the application was deferred from consideration pending resolution of a procedural error regarding statutory land ownership notification procedure when unregistered land across part of the access to the development site was identified. This was addressed by the applicant and the application was represented to the Planning Committee on 21st March 2019 with an Officer Recommendation to refuse the same. The original report to Members was attached at Appendix A.

 

Members were reminded that at the March 2019 meeting the Planning Committee resolved as follows:

 

“That planning permission is granted in principle, subject to any call in by the Secretary of State. In addition the requirement of the Planning Committee to ratify any planning conditions that the application should be subject to at the next Planning Committee and a section 106 agreement being in place prior to the issuing of planning permission to overcome the Highway Authority’s planning objection.”

 

It was noted that following this resolution the application was due to be reported back to Planning Committee so that proposed planning conditions could be ratified by the Members.

 

Mr Canney explained that the proposed conditions were attached as Item 6 to the Agenda on 9th May 2019. However, the applicant requested a deferral to the next available Planning Committee and Members resolved that the application be deferred until the July Committee meeting.   No Planning Committee was held in July and the matter was not considered at the September Planning Committee since the applicant and County Council were considering the legal advice obtained by the applicant regarding the requirement for a legal agreement relating to the highway visibility splay matters.

 

Members were advised that following the above deferral, further representations had been received by the Waste Planning Authority (WPA).  These related to procedural matters regarding notification to the Parish Councils, representations from residents nearby and additional Parish Councils and Highway Authority reconsideration of requirements. 

 

In terms of procedural matters regarding notification to the Parish Councils, Stoke Orchard and Tredington Parish Council had raised concerns regarding a failure to be notified of the March 2019 Planning Committee. As such they were unaware of the date that the application was to be considered and were denied the opportunity  ...  view the full minutes text for item 26.