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 Farooqui declared a personal but not prejudicial interest in Planning Application 2008/254/FUL (Erection of a Class A1 Store Extension and associated works at J Sainsbury’s Supermarket Ltd, Alvechurch Highway) as detailed separately at Minute 23 below.

To consider applications for planning permission.

(Report attached)

The Committee considered two applications for Planning Permission. 

Officers tabled an update report detailing any late responses to consultation, changed recommendations, further conditions and 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 one of the applications being considered, as detailed below.

RESOLVED that

the following applications for Planning Consent be determined as detailed below:

08/225/FUL   Erection of fourteen dwellings

                        The Hills, Tanhouse Lane, Church Hill North

                        J Varney Builders

This matter was WITHDRAWN from the Agenda at the request of the Applicant and was not discussed.

08/254/FUL   Erection of a Class A1 store extension,

                        addition of mezzanine floor at first floor,

                        new entrance, single storey decked car park,

                        replacement petrol filling station kiosk,

                        removal of car wash, alterations to car park and

                        internal layout (relocation of bus pick-up / drop-off

                        point), replacement ATMs and other associated works

                        J Sainsbury’s Supermarket, Alvechurch Highway

                        Sainsbury’s Ltd

(Miss A Walton, Agent for the Applicant, addressed the Committee under the Council’s public speaking rules.)

1)         Having regard to the Development Plan and to all other material considerations, authority be delegated to the Acting Head of Planning and Building Control, to GRANT planning permission, subject to:

            a)         a planning obligation ensuring that contributions are received towards subway improvements, roundabout surfacing and highways improvements;

            b)        the conditions and informatives stated in the report but with Condition 3 (Open Hours restrictions) being replaced by the following condition (Deliveries restrictions) and a further additional condition also as detailed below:

            “3.       No deliveries shall be made to the store between 2300 hours and 0700 hours and no external activity shall occur within the rear service / delivery yard between these times.

                        Reason:        In the interests of the residential amenities of the nearby properties and in accordance with Policy B(BE)13 of the Borough of Redditch Local Plan No.3.

             23.      Prior to commencement of the development, a site layout plan showing 26 disabled parking spaces on the site shall be submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved plan and the spaces retained for the lifetime of the development.

                        Reason:        In the interests of accessibility and in accordance with Policies C(T)1 and C(T)12 of the Borough of Redditch Local Plan No.3”;

2)         In the event that the planning obligation cannot be completed by 27 October 2008, authority be delegated to the Acting Head of Planning and Building Control, to REFUSE the application on the basis that without the planning obligation, the proposed development would be contrary to policy and therefore unacceptable due to the resultant detrimental impacts it could cause to community infrastructure by a lack of provision for their improvements; and

3)         In the event of a refusal on ground (2) above and the Applicant re-submitting the same or a very similar planning application, with an acceptable completed legal  ...  view the full minutes text for item 23.

To consider various 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)

The Committee considered five contraventions of planning law, namely:

1)         Enforcement Report 2007/195/ENF

            Condition of land considered harmful to the

            residential amenities of the area

            Munsley Close, Matchborough

            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, allowing the condition of land to adversely affect the residential amenities of the occupiers of adjacent dwellings, by way of the serving of a Notice under Section 215 of the 1990 Act and the instigation of prosecution proceedings if necessary, in the event of any failure to comply with the requirements of that Notice.

2)         Enforcement Report 2008/165/ENF

            Condition of land considered harmful to the visual

            amenity of the area

            Barford Close, Matchborough

            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, allowing the condition of land to adversely affect the visual and residential amenity of the area, by way of the serving of a Notice under Section 215 of the 1990 Act and the instigation of prosecution proceedings if necessary, in the event of any failure to comply with the requirements of that Notice.

3)         Enforcement Report – 3 – 2007/221/ENF

            Condition of land considered harmful to the

            visual amenity of the area

            Exhall Close, Church Hill

            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, allowing the condition of land to adversely affect the visual and residential amenity of the area, by way of the serving of a Notice under Section 215 of the 1990 Act and the instigation of prosecution proceedings if necessary, in the event of any failure to comply with the requirements of that Notice.

4)         Enforcement Report 2008/059/ENF

            Condition of land considered harmful to the

            visual amenity of the neighbourhood

            Fenwick Close, Headless Cross

            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, allowing the condition of land to adversely affect the visual and residential amenity of the area, by way of the serving of a Notice under Section 215 of the 1990 Act and the instigation of prosecution proceedings if necessary, in the event of any failure to comply with the requirements of that Notice.

5)         Enforcement Report 2008/096/ENF

            Condition of land considered harmful to the

            visual amenity  ...  view the full minutes text for item 24.