Agenda and minutes

To receive apologies for absence and details of any Councillor nominated to attend the meeting in place of a member of the Committee.

In the absence of the Chair, Councillor A Fry, who had been unexpectedly delayed, and also in the absence of the Vice-Chair, Councillor J Baker, who had previously given his apologies for the meeting, the Council’s Legal Services Officer opened the meeting and welcomed those present. 

Members were informed that, in the absence of both the Chair and Vice-Chair, it would be necessary, in order to conduct the business of the Agenda, to nominate and appoint a Chair for the duration of the meeting.  

RESOLVED that

Councillor Bill Hartnett be appointed Planning Committee Chair for the meeting.

To invite Councillors to declare any interest they may have in the items on the Agenda.

There were no declarations of interest declared.

To confirm, as a correct record, the minutes of the meeting of the Planning Committee held on 5th September 2012.   

(Minutes attached)

RESOLVED that

the minutes of the meeting of the Planning Committee held on 5th September 2012 be confirmed as a correct record and signed by the Chair.

To consider a retrospective planning application for Listed Building Consent to replace UPVC patio door / window with wooden French doors.

Applicant:  Mr J Lavery

(Report attached – Site Plan under separate cover)

Retrospective application for replacement of UPVC

patio door / window with wooden French doors.

Applicant:  Mr J Lavery

RESOLVED that

having regard to the Development Plan and to all other material considerations, Listed Building Consent be GRANTED, subject to the informative as summarised in the report and the following additional informative:

“2)       The Applicant is reminded of their responsibilities under relevant legislation, including the Planning (Listed Building and Conservation Areas) Act 1990, in that the carrying out of unauthorised works to a listed building is a criminal offence where owners can be prosecuted.  The softwood framed opening should be maintained to the satisfaction of the Local Planning Authority at all times and advice should be sought from the Council in the case of any future request to replace the opening.  Such works would require a separate application for Listed Building Consent.  Contact 01527 534062 for further advice.”

(In considering the application, and given the listed building status afforded to the farm house, Members considered that the additional informative, as detailed above, was appropriate to encourage the maintenance of the softwood frames and remind the Applicant of the need to seek prior Listed Building Consent to any proposed changes to the windows in the future.)

(Owing to his delayed arrival at the meeting, Councillor Fry was not present when the Committee considered and voted on this matter.)

To consider a Planning Application for the erection of a car showroom, workshop with MOT testing bay and valeting area.

Applicant:  Mr C Jay

(Report attached – Site Plan under separate cover)

Erection of car showroom, workshop with

MOT testing bay and valeting area

Applicant:   Mr C Jay

RESOLVED that

having regard to the Development Plan and to all other material considerations, Planning Permission be GRANTED, subject to the conditions and informatives summarised in the report but with Condition 6 (H.13 Access, turning and Parking) to include a requirement that the transporter turning area be kept clear at all times and that all parking spaces be marked out as appropriate; and the following additional condition:

“7        The hours of opening of the uses hereby permitted shall be between the following hours:

            0830 till 1800 hours            Monday to Friday                                       0830 till 1700 hours             Satursdays

            1100 till 1600 hours            Sundays and Public Holidays.

            The premises shall not be open to the public or the trade outside these hours on any day.”

(During consideration of the application, concerns for the potential issue of overspill parking onto Paper Mill Drive, was highlighted.  Officers were asked to discuss the matter and how it could be addressed should it arise, with the County Council’s Highways Authority.)

(In view of his late arrival during the Committee’s consideration of this item, and in line with Council Policy, Councillor Fry took no part in or voted on the matter.)

To receive information on the outcome of an appeal made against the refusal of a change of use from redundant factory unit to form a fitness suite.

(Report attached)

The Committee received an item of information in relation to the outcome of an appeal made against the Committee’s refusal of a consent for a change of use, namely:

Planning Application 2011/282/COU

Change of use from redundant factory

unit to form fitness suite

Members were pleased to note that the appeal against the Council’s decision to refuse consent for a change of use had been considered and dismissed by the Inspector on the grounds that, whilst the proposed change of use would cause no harm to the current or future employment use of the neighbouring properties, this was outweighed by the adverse harm caused to the vitality and viability of the town centre and supply of employment premises. 

RESOLVED that

the item of information be noted. 

To receive information on the outcome of an appeal made against a refusal of planning permission for the demolition of an existing property and erection of a new dwelling.

(Report attached)

The Committee received an item of information in relation to the outcome of an appeal against a refusal of Planning Permission relating to a proposed new dwelling, made by Officers under delegated powers, namely:

Planning Application 2011/323/FUL

Replacement Dwelling

Members noted that the appeal against the Council’s decision to refuse Planning Permission had been allowed by the Inspector, subject to the imposition of a number of specified conditions, on the grounds that, they did not consider that the proposed development would be overbearing, over-dominant or unduly obtrusive within its context.   

RESOLVED that

the item of information be noted. 

To receive information on the outcome of an appeal made against refusal of a application to vary a Condition relating to opening hours in respect of Planning Permission 2010/135/COU.

(Report attached)

The Committee received an item of information in relation to the outcome of an appeal against a refusal of Planning Permission relating to the development of land without complying with a condition, subject to which a previous planning permission had been granted, made by Officers under delegated powers, namely:

Planning Application 2012/049/S73

Variation to Condition 1. applied to Planning Permission 2010/135/COU

Which states that, premises shall not be open for customers outside the following hours:

11.00 to 23.30 on Mondays to Saturdays

12.00 to 18.00 on Sundays

Members noted that the appeal against the Council’s decision to refuse consent to a change in opening hours had been considered and dismissed by the Inspector on the grounds that, they considered that the original condition was reasonable and necessary in order to protect the living conditions of the occupiers of neighbouring residential properties in terms of noise and disturbance.  

RESOLVED that

the item of information be noted.