Agenda, decisions and minutes

Councillors Des O’Brien and Pippa Corney sent Apologies for Absence. Councillor Charles Nightingale substituted for Councillor O’Brien.

An interest was declared as follows:

To authorise the Chairman to sign the Minutes of the meeting held on 7 October 2015  as a correct record.

The Chairman has not yet signed the minutes of the meeting held on 2 September 2015 although given authority to do so. A significant drafting error has been identified, and corrected as follows:

S/1291/15/FL - Horseheath (The Stables, Haverhill Road)

Delete

The Committee approved the application subject to the Conditions and Informative set out in the report from the Planning and New Communities Director, and an additional Condition removing Permitted Development Rights.

Replace with

The Committee gave officers delegated powers to approve the applicationsubject to the satisfactory completion of a Legal Agreement under Section 106 of the Town and Country Planning Act 1990 securing the immediate payment of financial contributions in respect of indoor community facilities and public open space, and the Conditions set out in the report from the Planning and New Communities Director, amended as follows

(i)         Within six months of the date of the decision, full details of soft landscape works shall be submitted to and approved in writing by the Local Planning Authority. These details shall include indications of all existing trees and hedgerows on the land and details of any to be retained, together with measures for their protection in the course of development. The details shall also include specification of all proposed trees, hedges and shrub planting, which shall include details of species, density and size of stock.

(Reason - To ensure the development is satisfactorily assimilated into the area and enhances biodiversity in accordance with Policies DP/2 and NE/6 of the adopted Local Development Framework 2007.)

(j)         The soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out within six months of the date of the decision or in accordance with a programme agreed in writing with the Local Planning Authority. If within a period of five years from the date of the planting of any tree that tree, or any tree planted in replacement for it, is removed, uprooted or destroyed or dies, another tree of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation.

(Reason - To ensure the development is satisfactorily assimilated into the area and enhances biodiversity in accordance with Policies DP/2 and NE/6 of the adopted Local Development Framework 2007.)

The Committee authorised the Chairman to sign, as a correct record, the Minutes of the meeting held on 7 October 2015.

The Chairman had not yet signed the minutes of the meeting held on 2 September 2015 although given authority to do so. A significant drafting error had been identified, and corrected as follows:

S/1291/15/FL - Horseheath (The Stables, Haverhill Road)

Deleted

The Committee approved the application subject to the Conditions and Informative set out in the report from the Planning and New Communities Director, and an additional Condition removing Permitted Development Rights.

Replacementy text

The Committee gave officers delegated powers to approve the applicationsubject to the satisfactory completion of a Legal Agreement under Section 106 of the Town and Country Planning Act 1990 securing the immediate payment of financial contributions in respect of indoor community facilities and public open space, and the Conditions set out in the report from the Planning and New Communities Director, amended as follows

(i)         Within six months of the date of the decision, full details of soft landscape works shall be submitted to and approved in writing by the Local Planning Authority. These details shall include indications of all existing trees and hedgerows on the land and details of any to be retained, together with measures for their protection in the course of development. The details shall also include specification of all proposed trees, hedges and shrub planting, which shall include details of species, density and size of stock.

(Reason - To ensure the development is satisfactorily assimilated into the area and enhances biodiversity in accordance with Policies DP/2 and NE/6 of the adopted Local Development Framework 2007.)

(j)         The soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out within six months of the date of the decision or in accordance with a programme agreed in writing with the Local Planning Authority. If within a period of five years from the date of the planting of any tree that tree, or any tree planted in replacement for it, is removed, uprooted or destroyed or dies, another tree of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation.

(Reason - To ensure the development is satisfactorily assimilated into the area and enhances biodiversity in accordance with Policies DP/2 and NE/6 of the adopted Local Development Framework 2007.)

The Committee authorised the Chairman to sign, as a correct record, the Minutes of the meeting held on 7 October 2015.

The Chairman had not yet signed the minutes of the meeting held on 2 September 2015 although given authority to do so. A significant drafting error had been identified, and corrected as follows:

S/1291/15/FL - Horseheath (The Stables, Haverhill Road)

Deleted

The Committee approved the application subject to the Conditions and Informative set out in the report from the Planning and New Communities Director, and an additional Condition removing Permitted Development Rights.

Replacement text

The Committee gave officers delegated powers to approve the applicationsubject to the satisfactory completion of a Legal Agreement under Section 106 of the Town and Country Planning Act 1990 securing the immediate payment of financial contributions in respect of indoor community facilities and public open space, and the Conditions set out in the report from the Planning and New Communities Director, amended as follows

(i)         Within six months of the date of the decision,full details of soft landscape works shall be submitted to and approved in writing by the Local Planning Authority. These details shall include indications of all existing trees and hedgerows on the land and details of any to be retained, together with measures for their protection in the course of development. The details shall also include specification of all proposed trees, hedges and shrub planting, which shall include details of species, density and size of stock.

(Reason - To ensure the development is satisfactorily assimilated into the area and enhances biodiversity in accordance with Policies DP/2 and NE/6 of the adopted Local Development Framework 2007.)

(j)         The soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out within six months of the date of the decision or in accordance with a programme agreed in writing with the Local Planning Authority. If within a period of five years from the date of the planting of any tree that tree, or any tree planted in replacement for it, is removed, uprooted or destroyed or dies, another tree of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation.

(Reason - To ensure the development is satisfactorily assimilated into the area and enhances biodiversity in accordance with Policies DP/2 and NE/6 of the adopted Local Development Framework 2007.)

By virtue of a memorandum dated February 2007, Cambridgeshire County Council has prepared this report in its role as agent for South Cambridgeshire District Council in processing public path Orders under Section 157 of the Town and Country Planning Act 1990.

The Committee instructed officers to inform Cambridgeshire County Council that South Cambridgeshire District Council, as Order Making Authority,

1.     authorises the County Council, as agent for the District Council, to make an Order diverting part of the Public Footpath No.1 Hauxton, as requested by the applicant; and

2.     requests the County Council to inspect the final route, in its capacity as Local Highways Authority, and certify that route to be satisfactory before the Order comes into effect.

The Asset Information Definitive Map Officer explained what the process was for making a Footpath Diversion Order in general. The developer would carry out informal consultation to help inform Cambridgeshire County Council about any likely objections. Once an Order had been made, Notices of such would be placed in local Newspapers and on site. This triggered a four-week consultation period, during which formal objections could be made.

Councillor Deborah Roberts expressed concern about the risk of flooding, and asked whether the County Council had considered alternative routes. In reply, the Asset Information Definitive Map Officer said that the Council could only consider the route applied for.

Councillor Janet Lockwood (local Member) addressed the meeting. She said that she was now satisfied that the correct process had been followed. The flood mitigation measures put in place would address the majority of flood events.

The Committee instructed officers to inform Cambridgeshire County Council that South Cambridgeshire District Council, as Order Making Authority,

1.     authorises the County Council, as agent for the District Council, to make an Order diverting part of the Public Footpath No.1 Hauxton, as requested by the applicant; and

2.     requests the County Council to inspect the final route, in its capacity as Local Highways Authority, and certify that route to be satisfactory before the Order comes into effect.

Residential Development of up to 48 Dwellings

The Committee gave officers delegated powers to approve the Outline application (as amended) subject to the prior completion of a Legal Agreement under Section 106 of the Town and Country Planning Act 1990, securing appropriate developer contributions that are compliant with Community Infrastructure Levy Regulations, the Conditions referred to in the report from the Planning and New Communities Director, and presentation, in due course, of the Reserved Matters application for determination by the Planning Committee.

Members visited the site on 3 November 2015.

Dr. Alan Whitworth (objector) and Peter McKeown (applicant’s agent) addressed the meeting. Dr. Whitworth voiced objections on the basis of road safety, the access road and damage to protected trees, and flood risk. Mr McKeown summarised the application, outlining a number of key factors. With regard to the access road remaining private, it was explained that it was constructed from a material that the Local Highways Authority was reluctant to adopt. It was confirmed that, although discussions were ongoing with Registered Providers (of affordable rented housing), no such RP had yet been signed up.

Following discussion by Members, the Committee gave officers delegated powers to approve the Outline application (as amended) subject to the prior completion of a Legal Agreement under Section 106 of the Town and Country Planning Act 1990, securing appropriate developer contributions that are compliant with Community Infrastructure Levy Regulations, the Conditions referred to in the report from the Planning and New Communities Director, and presentation, in due course, of the Reserved Matters application for determination by the Planning Committee.     

External Alterations and Conversion of Single Dwelling to Two Dwellings

The Committee approved the application subject to the Conditions and Informative set out in the report from the Planning and New Communities Director.

Enid Bald (Linton Parish Council) addressed the meeting. She welcomed the creation of small dwellings, which were much needed in the village.

The Committee approved the application subject to the Conditions and Informative set out in the report from the Planning and New Communities Director.

29 dwellings

The Committee refused the application contrary to the recommendation in the report from the Planning and New Communities Director. Members agreed the reasons for refusal as being

1.     The failure of the application either to preserve or enhance the adjacent Conservation Area and setting of the Listed Buildings in Mill Street;

2.     The adverse impact on the residential amenity of occupiers of properties in Church Street, Cinques Road, Green Acres, Mill Street, West Road and Wootton Field; and

3.     The adverse visual impact of the development on the surrounding area due to its elevation and visual dominance.

Members visited the site on 3 November 2015.

Mr. McLeod (objector), Jake Nugent (applicant’s agent), Councillor Sarah Groom (Gamlingay Parish Council) and Councillor Bridget Smith (a local Member) addressed the meeting. Mr. McLeod was principally concerned by the potential overbearing impact of the proposed development on land that had not been identified for housing in the Local Plan. Councillor Groom’s concerns surround design, damage to the Conservation Area and setting of Listed Buildings, negative impact, increased traffic, increased maintenance burden on the Parish Council, and unsustainable nature of the proposal. Councillor Smith informed the Committee that Gamlingay was currently working on its Neighbourhood Plan, and said the residents’ quality of life should be protected from speculative development.

Councillor Sebastian Kindersley (the other local Member and a member of the Planning Committee) voiced concerns about massing, bulk and the out-of-keeping nature of the proposal, traffic and adverse residential amenity.

Following further discussion, the Committee refused the application contrary to the recommendation in the report from the Planning and New Communities Director. Members agreed the reasons for refusal as being

1.     The failure of the application either to preserve or enhance the adjacent Conservation Area and setting of the Listed Buildings in Mill Street;

2.     The adverse impact on the residential amenity of occupiers of properties in Church Street, Cinques Road, Green Acres, Mill Street, West Road and Wootton Field; and

3.     The adverse visual impact of the development on the surrounding area due to its elevation and visual dominance.

Outline planning permission for the erection of up to six dwellings and associated works and infrastructure (all matters except access reserved)

The Committee approved the application subject to the prior completion of a Legal Agreement under Section 106 of the Town and Country Planning Act 1990 securing Affordable Housing, and the Conditions referred to in the report from the Planning and New Communities Director.

Members visited the site on 3 November 2015.

Robert Burton (objector) and Matt Hare (applicant’s agent) addressed the meeting. Mr. Burton described the proposal as unacceptable encroachment on the separation between Dry Drayton and Bar Hill.

Openness of the Green Belt was seen as a material consideration.

The Committee approved the application subject to the prior completion of a Legal Agreement under Section 106 of the Town and Country Planning Act 1990 securing Affordable Housing, and the Conditions referred to in the report from the Planning and New Communities Director.

Change of use from A4 Drinking Establishment to C3 (single residential dwelling house)

The Committee noted that this application had been withdrawn from the agenda.

Members visited the site on 3 November 2015.

The Committee noted that this application had been withdrawn from the agenda.

Demolition of existing commercial buildings and erection of 16 dwellings (including seven affordable dwellings), public open space, creation of new access and landscaping

The Committee approved the application subject to the prior completion of a Legal Agreement under Section 106 of the Town and Country Planning Act 1990 securing a footway / cycleway, onsite affordable housing,the provision and management of a Local Area for Play, the Conditions and Informatives referred to in the report from the Planning and New Communities Director and additional Conditions relating to surface water drainage and details of the attenuation basin.

Members visited the site on 3 November 2015.

Mitchell Tredgett (applicant’s agent) and Councillor Steve Jones (Bourn Parish Council) addressed the meeting. Mr Tredgett commended this “high quality” development as improving the appearance of a brownfield site. He pointed out the amount of affordable housing on offer amounted to 45%. Councillor Jones objected because, although the proportion of affordable housing was high, the number of bedrooms within the affordable element ought to be increased. He also regretted the fact that the affordable housing had not been “pepper potted” throughout the development, and that no financial contribution had been made towards the provision of a pedestrian crossing in the village. Nevertheless, Councillor Jones was grateful for the way in which the developer had engaged with the community.

Members discussed a number of issues, including the adequacy of affordable housing and the development’s relationship with the rest of the village.

The Committee approved the application subject to the prior completion of a Legal Agreement under Section 106 of the Town and Country Planning Act 1990 securing a footway / cycleway, onsite affordable housing, the provision and management of a Local Area for Play, the Conditions and Informatives referred to in the report from the Planning and New Communities Director and additional Conditions relating to surface water drainage and details of the attenuation basin.

Use of a residential annex as a dwelling house

The Committee gave officers delegated powers to approve the application subject to the prior completion of a Legal Agreement under Section 106 of the Town and Country Planning Act 1990 securing payment of a financial contribution towards off-site affordable housing, and the Condition referred to in the report from the Planning and New Communities Director.

The Committee gave officers delegated powers to approve the application subject to the prior completion of a Legal Agreement under Section 106 of the Town and Country Planning Act 1990 securing payment of a financial contribution towards off-site affordable housing, and the Condition referred to in the report from the Planning and New Communities Director.

Dwelling (Variation of Condition 2 of planning consent S/0149/09/FL - Revised Design)

The Committee approved the application subject to the Conditions referred to in the report from the Planning and New Communities Director.

Emily Ceraudo (applicant) addressed the meeting.

The Committee approved the application subject to the Conditions referred to in the report from the Planning and New Communities Director.

Application to Vary Section 106 Agreement to Include a Mortgagee in Possession Clause – Newton Road, Whittlesford

The Committee

1.     approved the request to vary the Legal Agreement made under Section 106 of the Town and Country Planning Act 1990  for application S/0761/14/FL at 22 Newton Road, Whittlesford so as to include a Mortgagee in Possession clause;

2.     gave officers delegated powers to agree the detailed wording, subject to no significant objections being received from Whittlesford Parish Council or the local Member; and

3.     directed that, in the event of mortgage default,South Cambridgeshire District Council should be given first option to purchase the property on no less favourable terms and valuation than is sufficient to defray the funder’s exposure.

The Committee considered a report relating to the potential modification of a planning obligation linked to planning permission S/0761/14/FL for development at Newton Road, Whittlesford. This modification would incorporate, into the current Section 106 agreement,  a ‘Mortgagee in Possession’ (MiP) clause, enabling the Registered Provider to borrow against the development so funding future schemes in its programme. Members were reminded that the planning application had been a departure from national and local policy requiring that affordable housing be provided on rural exception sites in perpetuity, and so must be made as an exception to policy, with details only being delegated to officers to resolve.

The Interim Development Control Manager drew Members’ attention to paragraph 12 of the report from the Planning and New Communities Director.

The Committee

1.     approved the request to vary the Legal Agreement made under Section 106 of the Town and Country Planning Act 1990  for application S/0761/14/FL at 22 Newton Road, Whittlesford so as to include a Mortgagee in Possession clause;

2.     gave officers delegated powers to agree the detailed wording, subject to no significant objections being received from Whittlesford Parish Council or the local Member; and

3.     directed that, in the event of mortgage default,South Cambridgeshire District Council should be given first option to purchase the property on no less favourable terms and valuation than is sufficient to defray the funder’s exposure.

The Planning Committee endorsed the proposals in principle, subject to the alternative option set out in the report being shared with Parish Councils.

The Planning Committee considered a report on draft amendments to the current scheme of delegation, which forms part of the Council’s Constitution.

In response to concern that Parish Councils needed to see the revised wording before further progress was made, the Chairman reminded the Committee that it was being invited solely to respond to consultation. The Interim Development Control Manager added that the Committee’s comments would help to inform the report to the Planning Portfolio Holder’s meeting on 17 November 2015, and said he would draw Parish Councils’ attention to the existence of that report.

Following discussion among Members, the Planning Committee endorsed the proposals in principle, subject to the alternative option set out in the report being shared with Parish Councils.

The Planning Committee supported the principle of the proposed changes to the Cambridge Fringes Joint Development Control Committee Terms of Reference, subject to :

1.     Consultation with Cambridge City Planning Committee;

2.     Endorsement by Cambridgeshire County Council Constitution and Ethics Committee; and

3.     Formal approval by the three Councils – Cambridge City Council, Cambridgeshire County Council and South Cambridgeshire District Council.

The Planning Committee considered a report on the proposal that the Terms of Reference of the Cambridge Fringes Joint Development Control Committee (JDCC) be amended to include the determination of City Deal Infrastructure Schemes.

The Planning Committee supported the principle of the proposed changes to the Cambridge Fringes Joint Development Control Committee Terms of Reference, subject to:

1.     Consultation with Cambridge City Planning Committee;

2.     Endorsement by Cambridgeshire County Council Constitution and Ethics Committee; and

3.     Formal approval by the three Councils – Cambridge City Council, Cambridgeshire County Council and South Cambridgeshire District Council.

The Committee received and noted an Update on enforcement action.

The Committee received and noted a report on Appeals against planning decisions and enforcement action.