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.

Apologies for absence were received on behalf of Councillors Enderby and Smith.

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

Councillors Banks and Hartnett declared personal and prejudicial interests in Agenda Item 13 (Affordable Housing Tenure Clauses – Variation to a Section 106 Agreement – Former Megabowl Site), as detailed at Minute 28 below.

Mr Skinner, Officer and Procedural Advisor to the Planning Committee, declared an interest in Planning Application 2009/081/ADV (Display of Flags other than permitted National etc. flags), as detailed at Minute 27 below.

To confirm, as correct records, the minutes of the meetings of the Planning Committee held on the 21 April and 19 May 2009.

RESOLVED that

the minutes of the meetings of the Committee held on the 21 April and 19 May 2009 be confirmed as correct records and signed by the Chair.

To note various Borough of Redditch Local Plan No.3 Policies still relevant in relation to Planning Control decisions and those Policies that have become  obsolete.

(Report attached)

(All Wards)

The Committee received a report which detailed the reasons for the retention of various Local Plan No. 3 Policies still relevant to Planning Control decisions and those Policies that were no longer relevant.

Members noted that the Policies deemed to be no longer relevant were so considered, because they duplicated other broader policy or statutory requirements.

The Chair brought forward this item in the agenda running order so that Members could consider all the listed applications in full knowledge of the reported policy changes.

RESOLVED that

the list of Policies attached at Appendix 1 (saved Policies still relevant to Planning Development Control decisions) and those attached at Appendix 2 (Policies obsolete and no longer relevant to Planning Development Control decisions), be noted.

To consider various applications for planning permission.

(Items below refer.)

(Covering report attached)

(Various Wards)

The Committee considered and determined seven Planning Applications as detailed in the subsequent minutes below.

Officers tabled an update report detailing any late responses to consultation, changed recommendations, further conditions and any additional Officer comments in relation to each application.  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 five of the applications being considered.

To consider a Planning Application for the erection of two detached dwellings with garages.

Applicant:  Miss J Smith and Mr P Ryan

(Report attached)

(Headless Cross and Oakenshaw Ward)

Erection of two detached dwellings with garages

Applicant: Miss J Smith and Mr P Ryan

Ms C Whitby and Mr Harris, Objectors and Mr H Gore, the Applicant’s Agent, addressed the Committee under the Council’s public speaking rules.

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.

To consider a Planning Application for the construction of 36 affordable homes, 2, 3 and 4 bedrooms, with access off Millhill Road.

Applicant:  Westbury Partnerships

(Report attached)

(Matchborough Ward)

Construction of 36 affordable homes, 2, 3 & 4 bedrooms,

With access of road

Applicant:  Westbury Partnerships

The Committee noted that, further to Officers’ advice, this Application had been WITHDRAWN from the Agenda by the Applicant, and it was therefore not discussed.

To consider an Outline Planning Application for a detached three bedroomed dwelling with garage.

Applicant:  Mrs H Palmer

(Report attached)

(Astwood Bank and Feckenham Ward)

Outline application for a detached three bedroom

dwelling with garage

Applicant:  Mrs H Palmer

Mr Jones, an objector, addressed the Committee under the Council’s public speaking rules.

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.

To consider a Listed Building Consent for the demolition of an outbuilding and replacement with a double garage.

Applicant:  Mr J Lavery

(Report attached)

(Astwood Bank and Feckenham Ward)

Proposed demolition of outbuilding and replace

With double garage

Applicant:  Mrs J Lavery

This application, which would normally have been dealt with under Officer Delegated Powers, was exceptionally considered by the Committee in view of the fact that the Applicant was closely related to an employee of Redditch Borough Council.)

RESOLVED that

1)         having regard to the Development Plan and to all other material considerations, Listed Building Consent be GRANTED, subject to the conditions and informative summarised below,

            1.         Commence within 3 years,

            2,         All materials to be agreed in writing by the Local Planning Authority.

            Informative

            No works to start on site until Planning Permission is also granted; and

2)         authority be delegated to the Acting Head of Planning and Building Control to determine Planning Application 2009/105/FUL in line with the decision made above.      

To consider a Planning Application for the erection of a four bedroom detached dwelling on land adjacent to 1249 Evesham Road.

Applicant:  Mr T Walton

(Report attached)

(Astwood Bank and Feckenham Ward)

Erection of 4 bedroom detached dwelling

on land adjacent to 1249 Evesham Road

Applicant: Mr T Walton

Mr Walton, the Applicant, addressed the Committee under the Council’s public speaking rules.

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.

To consider a Planning Application for a change of use from single dwelling to hot food takeaway (ground floor) and two bedroomed flat (first floor).

Applicant:  Mr S M Hussein

(Report attached)

(Central Ward)

Change of use from single dwelling to

hot food takeaway (Ground Floor)

and two bedroomed flat (first floor)

Applicant:  Mr S M Hussein

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 and the following additional condition:

“7.       One of the car parking spaces hereby approved and shown to be within the curtilage of the building within the area edged red as shown on the approved plan, be demarcated on the ground and kept available for the personal use of the occupier or future occupiers of the first floor flat granted under this consent.

            Reason:        In the interests of providing dedicated parking facilities for the occupier of the flat and in accordance with Policy C(T).12 of the Borough of Redditch Local Plan No.3.”

To consider a Planning Application for a detached two-storey dwelling following the demolition of existing dwelling and outbuildings.

Applicant: Mr D Ellis

(Report attached)

(Astwood Bank and Feckenham Ward)

Detached two-storey dwelling following

demolition of existing dwelling and outbuilding

Applicant:  Mr D Ellis

Mr J Shopland, Supporter and Mr B King, Agent for the Applicant, addressed the Committee under the Council’s public speaking rules.

(This application, which would normally have been dealt with under Officer Delegated Powers, was exceptionally considered by the Committee at the request of Ward Member, Councillor B Clayton.  Councillor Clayton’s remarks in support of the proposal, contrary to Officer recommendation, were reported to the Committee.)

RESOLVED that

having regard to the Development Plan and to all other material considerations, Planning Permission be REFUSED, for the following  reason:

“The site is identified in the Development Plan for the area as falling within the Green Belt where there is a presumption against inappropriate development.  In such an area, development is limited to that which is not inappropriate to a Green Belt and which would preserve its openness.  The proposal would amount to inappropriate development, which by definition, is harmful to the Green Belt.  It would result in an obtrusive form of development which would reduce the openness of the Green Belt.  The Council consider that no very special circumstances have been put forward to overcome the harm to the Green Belt.  As such the proposal is considered to be contrary to Policy B(RA)1 of the Borough of Redditch Local Plan No.3 and national guidance set out in Planning Policy Guidance Note 2 “Green Belts”.

To consider a Planning Application for the display of flags other than permitted National etc. flags.

Applicant:  Redditch Borough Council

(Report attached)

(Abbey Ward)

Display of Flats other than permitted National etc. Flags

Applicant:  Redditch Borough Council

Mr S Skinner, on behalf of the Applicant, addressed the Committee under the Council’s public speaking rules.

RESOLVED that

having regard to the Development Plan and to all other material considerations, Advertisement Consent be GRANTED, subject to the conditions and informatives summarised in the report, together with the following additional informative:

“The applicant is advised that the Planning Committee was concerned with the types and condition of flags to be displayed as a result of this consent, and requested that the appropriate Council body be tasked with reviewing and implementing an appropriate Council flag flying policy.  The potential display of commercial advertisements was a particular cause for the Committee’s concern.”  

.

(Prior to consideration of this item, Mr Steve Skinner, Council Officer and Procedural Advisor to the Planning Committee, declared an interest in the Application, in view of the fact that he had made the subject application on behalf of the Borough Council, and that he would be representing and speaking on behalf of the Applicant.  He therefore withdrew to the public gallery for the duration of its consideration.)

To consider a variation to a Section 106 Agreement to amend affordable housing tenure clauses in line with current practice for nominating tenants and tenure types in relation to details approved under Planning Application 2005/552/FUL (Erection of 89 residential units with associated parking and amenity space on the former Megabowl site, Greenlands Drive, Greenlands).

(Report attached)

(Greenlands Ward)

The Committee considered a variation to a Section 106 Agreement (Planning Obligation) to amend affordable housing tenure clauses in relation to details approved under Planning Application 2005/552/FUL (Erection of 89 residential units with associated parking and amenity space on the former Megabowl site, Greenlands Drive) in respect of five one bedroomed flats previously identified as affordable housing for shared ownership. 

RESOLVED that

the reported a variation to the Section 106 Agreement, dated 6 March 2006 and made between (1) the Council of the Borough of Redditch, (2) Worcestershire County Council, (3) Claypond Ltd, (4) Dodd Homes (Greenlands) Ltd and (5) Britannia Building Society, regarding tenure and nomination rights, be agreed, namely that the tenure and nomination rights of five one bedroomed units, previously identified as affordable housing for shared ownership, become social rented housing.

(Prior to consideration of this item, and in accordance with the requirements of Section 81 of the Local Government Act 2000, Councillors Banks and Hartnett declared personal and prejudicial interests in view of the fact that they were Board Members on Redditch Co-operative Homes, the Registered Social Landlord for the development, and withdrew from the meeting.)

To consider two items of information relating to outcomes of appeals against Planning decisions.

(Report attached)

(Central Ward)

The Committee received and considered two items of information relating to outcomes of appeals against Planning decisions, namely:

a)         Planning Application 2008/270/FUL and 2008/271/FUL

            Iceland Foods, Unit 4b Trescott Road, Trafford Park

            Single Storey rear extension to existing unit and the installation

            of five condenser units on roof of proposed extension

Members noted that both appeals against the Committee’s decision to refuse the applications on grounds of the effect on the living conditions of occupiers of dwellings in Honeychurch Close in terms of privacy, outlook and noise, had been ALLOWED by the Inspector.

b)         Planning Application 2008/164/FUL

            Land adjacent to 1 Pool Bank, Southcrest

            Demolition of ‘Lodge’ building and erection of

            of eight apartments in two blocks

Members noted that, the appeal against the Council’s decision to refuse planning permission (under delegated powers afforded to Officers), on grounds relating to the proposed development’s appearance, over-intensive form of development and inadequate levels of communal space, had been DISMISSED by the Inspector. 

RESOLVED that

both items of information be noted.