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.

An apology for absence was received on behalf of Councillor Smith.

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

Councillor Enderby declared a personal and prejudicial interest in Planning Application 2008/188 (Retrospective Planning Permission for change of use of open space to garden area and retention of decking within the open space) - 5 Fernwood Close, Wirehill;

Councillor R King declared a personal but not prejudicial interest in Planning Application 2008/188 (Retrospective Planning Permission for change of use of open space to garden area and retention of decking within the open space) – 5 Fernwood Close, Wirehill;

Councillors Farooqui, Hicks, Hunt and R King declared personal but not prejudicial interests in Planning Application 2008/200/FUL (Erection of 33 Lodge-style accommodation units ancillary to the main hotel with associated landscaping and infrastructure) – Abbey Hotel, Golf and Country Club;

Councillor Farooqui also declared a personal but not prejudicial interest in Planning Application 2008/202 (Demolition of 3 Plymouth Road and construction of 60 bedroomed nursing home with associated parking) – 1-3 Plymouth Road;

all as detailed separately at Minute 19 below.

Councillor Enderby further declared a personal and prejudicial interest in Enforcement Report 2008/146/ENF (Condition of land considered harmful to the visual amenity of the neighbourhood), Greenlands Avenue, Greenlands), as detailed separately at Minute 20 below.

To consider applications for planning permission.

(Report attached)

The Committee considered a number of applications for planning permission.

Officers tabled an update report detailing any late responses to consultation, changed recommendations, further conditions, any additional Officer comments.  This report was further updated orally at the meeting as appropriate to each application.

Public speaking was permitted, in accordance with the Council’s agreed procedures, in relation to all of the applications being considered, as detailed below.

RESOLVED that

the following applications for planning consent be determined as detailed below:

08/188            Change of use of Open Space to garden area

                        and retention of decking within the open space

                        5 Fernwood Close, Wirehill

                        Mr P Mayhew

(The following people addressed the Committee under the Council’s public speaking rules:

Ms C Hale (on behalf of Ms L Hollier) – Objector

Ms V Kendrick – Objector on behalf of CPRE

Councillor W King - Supporter

Mr P Mayhew – Applicant.)

1)         Having regard to the Development Plan and to other material considerations, Planning Permission be REFUSED for the following reason:

            “The application site forms part of a larger area of designated primarily open space which was established to act as a buffer area between the adjacent residential development and the Rough Hill Woods SSSI.  The proposal would erode this buffer and is likely to set a precedent for further applications of a similar nature from nearby residents, the cumulative effect of which would have an unacceptable impact upon the SSSI and the visual qualities of the area.  As such the proposal would be contrary to Policies R.1 and R.3 of the Borough of Redditch Local Plan No.3”; and 

2.         authority be delegated to the Head of Legal Services, in consultation with the Acting Head of Planning and Building Control, to take Enforcement action, including the instigation of legal proceedings if necessary, in relation to a breach of planning control, namely, the making of a material change of use of the land to the rear by incorporating it into the curtilage of the dwelling house.

(Prior to consideration of this item, and in accordance with the requirements of Section 81 of the Local Government Act 2000, Councillor R King declared a personal but not prejudicial interest, in view of the fact that he had accompanied Councillor W King on a Ward visit to the Applicant’s home but had not participated in any discussions whilst there.

During consideration of this item, and in accordance with the requirements of Section 81 of the Local Government Act 2000, Councillor Enderby declared a personal and prejudicial interest, in view of the fact that the owner of No. 3 Fernwood Close, was known to him personally and withdrew from the meeting.)

08/196            Conversion of detached garage roof space into

                        Studio / Playroom with two dormer windows to the

                        front and one dormer at the rear

                        3 Blackwell Lane, Brockhill

                        Mr Alan Earp

(Mr R Skidmoor, Agent for the Applicant, addressed the Committee under the Council’s public speaking rules.)

Having regard to the Development Plan and to other material  ...  view the full minutes text for item 19.

To consider two breaches of planning consent.

(Appendix 2 to this report is confidential in view of the fact that it contains confidential information relating to individuals’ identitiesand alleged breaches of planning control which could result in prosecution by the Council and has therefore only been made available to Members and relevant Officers.)

(Report attached)

(Greenlands and LodgePark Wards)

The Committee considered two contraventions of planning law, namely:

1)         Enforcement Report 2008/146/ENF

            Condition of land considered harmful to the visual

            amenity of the neighbourhood

            Greenlands Avenue, Greenlands

RESOLVED that

authority be delegated to the Head of Legal, Democratic and Property Services, in consultation with the Acting Head of Planning and Building Control, to take Enforcement action, including the instigation of legal proceedings if necessary, in relation to a breach of Planning Control, namely, permitting land to adversely affect the visual amenity of the neighbourhood, by way of the serving of a Notice under Section 215 of the 1990 Act and the instigating of prosecution proceedings if necessary, in the event of any failure to comply with any requirement of that Notice.

(Prior to consideration of this item, and in accordance with the requirements of Section 81 of the Local Government Act 2000, Councillor Enderby declared a personal and prejudicial interest, in view of the fact that a former family member lived close enough to be affected by the enforcement site, and he therefore withdrew from the meeting.)

2)         Enforcement Report 2008/084/ENF

            Condition of land considered harmful to the

            visual amenity of the area

            Southcrest Road, Lodge Park

RESOLVED that

authority be delegated to the Head of Legal, Democratic and Property Services, in consultation with the Acting Head of Planning and Building Control, to take Enforcement action, including the instigation of legal proceedings if necessary, in relation to a breach of Planning Control, namely, permitting land to adversely affect the visual amenity of the area, by way of the serving of a Notice under Section 215 of the 1990 Act requiring the removal of a rusty motor vehicle and the carryout out of repairs to the garage doors, and the instigating of prosecution proceedings if necessary, in the event of any failure to comply with any requirement of that Notice.