Agenda, decisions and minutes

Councillor SGM Kindersley declared a personal interest as a Cambridgeshire County Councillor.

To authorise the Chairman to sign the Minutes of the meeting held on 5 December 2007 as a correct record.

Confirmed as drafted.

In connection with Minute 139 (S/1767/07/O – Impington (Land adjacent St Georges Court off Milton Road)), Councillor JF Williams proposed that the distance between the proposed site and village facilities be incorporated into the decision notice as an additional reason for refusal, as this had been Members’ main motive in refusing the application.  This was seconded by Councillor Mrs DP Roberts.  The Corporate Manager (Planning and Sustainable Communities) re-iterated his view, expressed at the time, that such a reason would not be defendable at an appeal hearing.  Non-determination of that application would not be seen as significant by an Inspector.  Furthermore, third parties could make their own representations to an Appeal Inspector.  Councillor SGM Kindersley highlighted the point, also made at the time, that there already existed dwellings on the proposed site.  He added that one good reason for refusal was better than several not-so-good ones.  Upon the proposal being put to a vote, and on the Chairman’s casting vote, it was

RESOLVED       that the Minutes of the meeting held on 5 December 2007 be confirmed, without amendment, and signed by the Chairman as an accurate record.

Minded to approve both applications as report. 

David Best (objector), Patrick Winterlich (on behalf of the applicant), Jane Chater (Chairman, Hinxton Parish Council), Mick Martin (Chairman, Duxford Parish Council Planning Committee), Councillor Tony Orgee (the local Member for Hinxton) and Councillor John Williams (the local Member for Duxford and a member of the District Council’s Planning Committee) addressed the meeting.  On behalf of Hinxton residents, Mrs Chater presented to the Committee Chairman a petition opposing the application on the grounds of

·                      Major effect on the environment of a conservation area

·                      Health issues

·                      The potential impact of an accident at the site

·                      Visual and noise pollution both during and after construction

·                      The increased transportation of hazardous material

·                      Conflict with policies contained in the Local Development Framework

·                      Economic security, including the effect on house prices locally.

Prior to considering this application, the Committee attended a site visit on 9^th January 2008. 

Members expressed concern at the Health and Safety Executive’s (HSE) refusal to divulge to Mr Andrew Lansley, M.P. for South Cambridgeshire all of the details relating to the health and safety elements of the proposal. The related chronology of events supplied by Andrew Lansley was copied to all Committee Members. However, the Corporate Manager (Planning and Sustainable Communities) advised the Committee that the non-disclosed information was unlikely to be conclusive either way and was, in itself, an insufficient reason either for deferring or refusing the application due to the ‘minded to approve’ nature of the report’s recommendation.  He stated that the HSE had responded to consultation by the Local Planning Authority, confirming that it had no objection to the proposal.

Members were MINDED TO APPROVE outline planning application S/1749/06/O, as amended on 15^thJune 2007, subject to it being referred to the Secretary of State as a Departure from the Development Plan and not being called in by her for determination, to the prior completion of a Section 106 Legal Agreement relating to traffic calming and highway safety improvements, off-site landscaping to help screen the development, and a contribution to the construction of a cycle route between Ickleton and Duxford, and the Conditions referred to in the report from the Corporate Manager (Planning and Sustainable Communities). The Committee gave officers DELEGATED POWERS TO APPROVE Hazardous Substance Consent application S/1703/06/HSC, as amended on 15^th June 2007, subject to the Secretary of State not calling in for her determination outline application S/1749/06/O and referring it back to the Local Planning Authority, whereupon a Decision Notice would be issued containing the Conditions referred to in the report from the Corporate Manager (Planning and Sustainable Communities).

Councillors Mrs PM Bear, Mrs SA Hatton, Mrs CA Hunt, SGM Kindersley and Mrs DP Roberts voted for refusal of both applications.  Councillor CR Nightingale voted for refusal of application S/1703/06/HSC.

Councillor Mrs JM Guest declared a personal interest as her husband had been employed by Hexcel and, before that, by Ciba Geigy for 33 years and was now retired and in receipt of a company pension.

Delegated approval 

Ivan Quince (applicant) had registered to address the meeting but withdrew his request in the light of the Area Planning Officer’s verbal update in relation to the application.

The Committee gave officers DELEGATED POWERS TO APPROVE the application, for the reasons set out in the report from the Corporate Manager (Planning and Sustainable Communities), subject to no new material objections being received, to the Conditions referred to in the report, and to additional Conditions relating to pollution control, foul and surface water drainage, and storm water control.

Approved as report with additional Conditions restricting hours of operation to 8.30am to 5.30pm Monday to Saturday, and addressing highway concerns.

David Fountain (Supporter) addressed the meeting.

The Committee APPROVED the application, subject to the Conditions referred to in the report from the Corporate Manager (Planning and Sustainable Communities) and additional Conditions restricting hours of operation to 8.30am to 5.30pm Monday to Saturday, and addressing highway concerns.

Delegated approval subject to no new material objections and with an extra Condition requiring enhancements to the existing house and garage to be completed prior to occupation. 

Mr E Halford ((objector) addressed the meeting.

The Committee gave officers DELEGATED POWERS TO APPROVE the application, as amended to omit the erection of a bungalow to the rear of 64 Barton Road, for the reasons set out in the report from the Corporate Manager (Planning and Sustainable Communities), subject to no new material objections being raised, to the Conditions referred to in the report and an extra Condition requiring that enhancements to the existing house and garage be completed prior to occupation of the approved extension.

Delegated approval as report

Councillor NJ Scarr (a local Member) addressed the meeting.

The Committee gave officersDELEGATED POWERS TO APPROVE the application, as amended by plans date stamped 5^thand 14^thDecember 2007, subject to no new material objections being received from the additional consultees; the receipt of amended plans addressing issues relating to the road layout; the Conditions referred to in the report from the Corporate Manager (Planning and Sustainable Communities),additional planning Conditions securing schemes for the provision of affordable housing, public open space, public art, an education contribution and the route of construction traffic (with an informative that such schemes might require the prior completion of a Section 106 Legal Agreement), an additional Condition relating to landscaping, and any further Conditions that might be requested by the Fire Authority.  Councillor Scarr urged officers to use their best endeavours to protect the amenities of those residents remaining at Maple Court.

Approved as report. 

The Committee APPROVED the application subject to the five standard Conditions set out in the Town and Country Planning (Control of Advertisements) (England) Regulations 2007.

Approved as report.

The Committee APPROVED the application, as amended by plans received on 3^rd December 2007 and subject to the receipt of signed and completed unilateral undertaking for education contribution and to the Conditions referred to in the report from the Corporate Manager (Planning and Sustainable Communities).

Councillor SGM Kindersley was not present during any part of the debate, and did not vote.

Refused contrary to report because of the omission of a commitment to provide any affordable housing in Weston Colville. 

The Committee REFUSED the application, contrary to the recommendation in the report from the Corporate Manager (Planning and Sustainable Communities).  Members agreed the reason for refusal as being the omission of a commitment to provide any affordable housing in Weston Colville. and the absence of any exceptional circumstances justifying an alternative approach to the provision of an affordable plot. Prior to issuing the Decision Notice Officers would re-examine with the valuers the viability of a market and affordable dwelling on the application site and, with Housing Officers, whether there would be any difficulty in delivering or managing one affordable dwelling on the site.

Withdrawn from the agenda. 

The Committee noted that this report had been WITHDRAWN from the agenda to allow further consultation to take place. 

Summaries of Decisions of interest attached.

Contact officers:

Gareth Jones, Corporate Manager (Planning and Sustainable Communities)  – Tel: 01954 713155

John Koch, Appeals Manager (Special Projects) – Tel: 01954 713268

Noted 

The Committee NOTED a report on Appeals against planning decisions and enforcement action, and received decision summaries relating to

·                Mr & Mrs N Fitzgibbon – Erection of Dwelling  – 20 Park Lane, Fen Drayton – Appeal allowed.

·                Mr R Dias – Non-compliance with conditions to allow premises to be used as a takeaway – 44 Station Road, Histon – Appeal dismissed.  Appellant’s application for costs dismissed.

·                Mr S Gardner and Ms A Goodman - Retrospective consent to retain entrance gates and alterations to gate pier to form post box and control panel for gates – Haslingfield Manor, Haslingfield -  Planning and Listed Building appeals allowed

·                T Willers – Removal of condition requiring screening to be attached to eastern side of tiger walkway – Shepreth Wildlife Park, Station Road, Shepreth – Appeal allowed

Noted 

The Committee NOTED a report on enforcement action ongoing as at 9 January 2008.