Agenda, decisions and minutes

Councillor Dr JPR Orme

Councillor Mrs DSK Spink nominated Councillor Dr JPR Orme as Chairman of the Development and Conservation Control Committee.  This was seconded by Councillor SGM Kindersley and, there being no further nominations, it was

Councillor Dr JPR Orme took the Chair.

Councillor NIC Wright

Councillor RF Bryant nominated Councillor NIC Wright as Vice-Chairman of the Development and Conservation Control Committee.  Councillor Mrs DSK Spink seconded this nomination.

Councillor Mrs DP Roberts nominated Councillor Mrs SA Hatton as Vice-Chairman of the Committee.  Councillor NJ Scarr seconded this nomination.

Following a secret ballot, it was

Apologies for absence were received from Councillors Mrs J Dixon and MJ Mason.

Members noted that the Minutes of the meeting held on 6^th October 2004 would be presented to the meeting on 1^st December 2004 for confirmation.

To receive a verbal update

Noted 

The Planning Policy Manager updated Members on the current position and future timetable of Regional Spatial Strategy 14 (formerly Regional Planning Guidance), which was being prepared by the East of England Regional Assembly.

It was envisaged that RSS 14 would be adopted in early 2006.  Its effect would be to update and extend the life of the Regional Plan by five years up to 2021. 

The Planning Policy Manager referred to the forthcoming meeting of the East of England Regional Assembly on 5^th November 2004 that would be considering a proposal from the Office of the Deputy Prime Minister for an extra 18,000 houses in the region (including 3,000 in Cambridgeshire), over and above that already included in a first draft of the new Regional Plan.  At its meeting on October 15^th, the Regional Planning Panel, which advises the Regional Assembly, had resolved that the additional allocation could not be justified.  That advice was likely to be endorsed by the Regional Assembly.  However, RSS 13 leaves open the possibility of additional development, specifically a major new town, by proposing an early focused review of RSS14 to consider longer term pressures, and evaluate the options for a large new settlement.  Whilst this proposal would be subject to a number of important factors, including public investment, strategic infrastructure, the possible expansion of Stansted Airport, jobs growth, and evidence of increased housing need, the prospect of such a development remained a possibility.

In response to a Member’s questions, the Planning Policy Manager advised that the policies for the Cambridge Sub-Region in RSS 14 were derived from the relevant policies in the Cambridgeshire and Peterborough Structure Plan 2003.

Change of use of land to garden land and construction of Tennis Court at 36 North End for Mrs Betts.

Approval contrary to report

APPROVAL, contrary to the recommendation contained in the report from the Director of Development Services.  Having visited the site, Members felt that, in view of the proposed tennis court being well screened from the group of listed buildings, there was no conflict with Policy EN 28 of the South Cambridgeshire Local Plan 2004 or Policies P1/2 and P7/6 of the Cambridgeshire and Peterborough Structure Plan 2003.  Members instructed officers to add  Conditions requiring archaeological investigation and agreement of fencing and surfacing details.

Erection of Ground Floor Extension to Garage and Bedroom Extension Above, 6 Foxes Close for Dr and Mrs A Burns

Approval as report

APPROVAL for the reasons set out in the report from the Director of Development Services, subject to the Conditions referred to therein and to an additional Condition limiting hours of construction work to Monday to Friday only (no weekends).

Residential Development Including Public Open Space, Vehicular Access, Together with the Demolition Of Nos. 18, 20, 52 & 54 Ermine Street South and 1 & 3 St John’s Lane, Land to the South of Church Lane and West Of Ermine Street South for the Papworth Trust and the Varrier Jones Foundation

Deferred 

DEFERRED to enabled further discussions to take place with local Members on the contents of the proposed Section 106 Legal Agreement, particularly those clauses relating to affordable housing, maintenance of the public open space, footpath improvements and education contribution.

Councillor MP Howell (a local Member not a member of the Committee) declared a personal interest as an employee of the Papworth Trust.

Change of Use of agricultural buildings to hostel accommodation for agricultural workers and ancillary office accommodation together with erection of covered external area and use of existing bungalow as warden accommodation at Dernford Farm, Stapleford

Delegated Approval

APPROVAL, as amended by plans and details submitted on 26^th May 2004, 23^rd June 2004, and 5^th July 2004, subject to the prior completion of a Section 106 Legal Agreement and the Conditions (excluding no. 10) referred to in the report from the Director of Development Services and an additional Condition requiring details of external lighting to be agreed.  Members resolved that the Section 106 Agreement should require the applicant/owner to use best endeavours to limit use of motorised transport to and from the site in accordance with a scheme to be agreed with officers and local members and to cover the aims of Conditions 10 and 13 of the report.

Councillors Dr DR Bard and Mrs SA Hatton (local Members) and CR Nightingale voted for refusal, and asked that their names be recorded.

Variation of Condition 5 of Planning Permission S/0945/99/O to also allow B1(c) Use for the period of ten years from the time of first occupation of each new building at Dales Manor Business Park for Dencora Ltd

Deferred for a site visit 

DEFERRED for a site visit.

Conversion of Barn to Dwelling – Barn A, Greenhedge Barns, Gog Magog Way for Mr and Mrs J McGiven

Approval as report 

APPROVAL, as amended by plans P1984-02A, 01A and 05A date stamped 20^th October 2004, for the reasons set out in the report from the Director of Development Services, subject to the Conditions referred to therein.

 Conversion of Barn to Dwelling – Barn B, Greenhedge Barns, Gog Magog Way for Mr & Mrs Laverty-Baralle

Approval as report 

APPROVAL, as amended by plan P1984-03 Revision A, 04 Revision A and 06 Revision A date stamped 20^th October 2004, for the reasons set out in the report from the Director of Development Services, subject to the Conditions referred to therein.

Erection of dwelling following demolition of existing, “Terrell”, Church End for Executors of Mrs MVV Lewin (Dec’d)

Approval as report

APPROVAL, as amended in part by drawing ‘04/18/04 Revision A date stamped 13^th October 2004, for the reasons set out in the report from the Director of Development Services, subject to the Conditions referred to therein.

Erection of eleven flats following demolition of two houses and conversion of remaining house into two maisonette flats at 750 - 754 Newmarket Road, Cambridge

Delegated approval as report 

DELEGATED APPROVAL/REFUSAL, for the reasons set out in the report from the Director of Development Services, subject to the prior completion of a Section 106 Legal Agreement securing the provision of affordable housing, and the Conditions referred to in the report.   Should the affordable housing issues not be resolved by 3^rd December 2004, the application would be refused.

Refurbishment, part demolition, re-build and extension of existing building for use as 19 Flats, The White House, 66 Hay Street, for A R J Construction Ltd

Delegated approval – no referral to Secretary of State

For the reasons set out in the report from the Director of Development Services, Members were MINDED TO APPROVE the application as a departure from the Development Plan but without referring it to the Secretary of State (there having been no objections as a result of its advertisement), subject to the prior completion of a Section 106 Legal Agreement securing the provision of Public Open Space and an education contribution, and to the Conditions referred to in the report.

Alterations – Installation of Metal Flue Liner in Study Hearth, “Reed Cottage”, 1 Rectory Farm Road, for R M Turner

Granted as report

APPROVAL of Listed Building consent for the reasons set out in the report from the Director of Development Services, subject to the Conditions referred to therein.

Councillor R Turner declared a Personal and Prejudicial Interest in this item, as the applicant, and withdrew from the Chamber.

Internal and external alterations and extensions for porch to dining room, enlarged utility room with new first floor bedroom, enlarged bathroom and adjacent cupboard. alterations to ground floor including resiting of boiler room and W.C

at Reed Cottage, 1 Rectory Farm Road for R. Turner

Refused on the Chairman’s casting vote

REFUSED on the Chairman’s casting vote for the reasons set out in the report from the Director of Development Services.

Councillor R Turner was not present in the Chamber for this item, having previously declared a prejudicial interest, as applicant, and withdrawn.

Councillor Mrs DP Roberts did not vote.

Residential Development (2.4 Hectares) and Ancillary Open Space/Landscaping, Land Between Bannold Road and Orchard Drive for ORS Plc

Delegated approval as report

DELEGATED APPROVAL, subject to the prior completion of a Section 106 Legal Agreement securing

·                      Public open space and its maintenance

·                      Off site drainage works – both foul and surface water, as required

·                      Off site highway improvements and/or contributions

·                      Educational contributions

·                      Affordable housing

·                      Provision for Public Art

And safeguarding Conditions, including Conditions restricting the number of houses to no more than 100, and requiring a public art element within the development.

Bungalow and Garage at Land R/O 1 Cambridge Road for Loxfield Developments Ltd.     

Delegated approval as report

DELEGATED APPROVAL for the reasons set out in the report from the Director of Development Services, subject to the Conditions referred to therein, and an additional Condition requiring replacement of the Yew tree to be removed as part of the construction work.  All Conditions should be agreed between the Local Planning Authority, Waterbeach Parish Council, the developer and Chief Environmental Health Officer.  Members asked that potential occupiers have their attention drawn to the presence nearby of a skateboard park.

Chalet bungalow and internal garages, land rear of 89 Way Lane for Miss S J Colclough

Delegated approval as report

DELEGATED APPROVAL for the reasons set out in the report from the Director of Development Services, subject to the Conditions referred to therein, and to the submission of revised plans resiting the bungalow to protect the tree.  If such plans are not submitted to the satisfaction of the Local Planning Authority, Members gave delegated authority for officers to refuse the application.

Conversion and Change of Use of Agricultural Building to 4 Holiday Lets at 60 High Street for Mr and Mrs M Venning

Delegated approval as report 

DELEGATED APPROVAL, for the reasons set out in the report from the Director of Development Services, subject to the prior completion of a Section 106 Legal Agreement limiting use of the accommodation to short-term holiday lets, to the receipt of an amended site layout plan showing the position of the new access gates and on-site car-parking, and the Conditions referred to in the report.

Erection of Six dwellings at 23 Green Street for Meldire Ltd.

Approval as report 

APPROVAL of Reserved Matters (siting, design and external appearance of the buildings) as amended by plans date stamped 27^th August 2004 and 20^th September 2004 and in accordance with outline planning permission dated 17^th March 2003, reference S/0023/03/O, for the reasons set out in the report from the Director of Development Services, subject to the Conditions referred to therein.

Change of Use from Residential to Office and Business Use (Class B1) at The Grange, 44 High Street for Mrs J. McConkey

Delegated approval

DELEGATED APPROVAL, as amended by amended layout plan date stamped 20^th October 2004, for the reasons set out in the report from the Director of Development Services and subject to the Conditions referred to therein and to the support of the Local Highways Authority.

Extension to Consented Office/Wine Store and Garden Store/Workshop at 62 High Street, for Mr J Millard

Approved – not delegated 

APPROVAL, following clarification of the scale of use to the satisfaction of the Local Highways Authority, for the reasons set out in the report from the Director of Development Services, subject to the Conditions referred to therein.

Extensions Including raising of roof height to form first floor Accommodation, Woodhall Farm, Earith Road for Mr and Mrs M. Jones

Refused as report

REFUSED for the reasons set out in the report from the Director of Development Services.

Caravan and storage container (Retrospective), no. 25 South Road for Mrs Rogers

Delegated approval/refusal of the whole application + enforcement

REFUSAL of the application for the reason set out in the report from the Director of Development Services in relation to the storage container.

RESOLVED to issue an Enforcement Notice to remove the storage container from the site with a compliance period of two months.

Storage Building on land to the rear of Eastern Counties Leather, London Road for Eastern Counties Leather PLC

Approval as report

APPROVAL for the reasons set out in the report from the Director of Development Services, subject to the Conditions attached to planning permission S/0094/02/F (including those stating that the building will not be used other than as ancillary storage for Eastern Counties Leather PLC and requiring schemes of ground contamination and pollution control to be agreed and implemented and the condition relating to the junction improvements to require the works to be completed before development commences) plus an additional Condition relating to the provision of fire hydrants.

Erection of 17.5 Metre High Telecommunications Tower and associated development at land to the south of Fulbrooke Road, Cambridge and west of Cambridge Rugby Football Ground - for Hutchison 3G UK Ltd

Delegated approval as report

DELEGATED APPROVAL, for the reason set out in the report from the Director of Development Services, subject to the Conditions referred to therein and to the receipt of a revised plan showing, to the satisfaction of the Local Planning Authority, an enlarged area for landscaping.

House and garage at land adjacent 1 Bourn Road, for Mr and Mrs S. Hogg

Deferred at request of applicant

WITHDRAWN from the agenda, and DEFERRED at the applicant’s request, pending proposals by the applicant to improve access to the site to the satisfaction of the Local Highways Authority.

Extensions and conversion of two barns into a dwelling and erection of garage/stores

Delegated approval contrary to report

APPROVAL contrary to the recommendation contained in the report from the Director of Development Services.  Having visited the site,  and subject to the applicant revising plans for the garage to the satisfaction of the Local Planning Authority, Members were satisfied that the retention of the existing timbers justified supporting the scheme as a departure from the Development Plan. The application had been advertised as a departure from the Development Plan and, there having been no objections, officers deemed it unnecessary to refer it to the Secretary of State.

Conversion and extension of barn to form dwelling following Demolition of Existing dwelling; West field Farm, Royston Lane for Mr and Mrs J Fenttiman

Approval as report

APPROVAL for the reasons set out in the report from the Director of Development Services, subject to the Conditions referred to therein.

Extensions, garage/carport and access, 107 Swaynes Lane for J. Cooper

Deferred

DEFERRED to allow negotiation to take place between the applicant and the Trees and Landscape Officer.

Erection of dwelling and conversion of barn into garage/carport/workshop and store following demolition of 2 existing dwellings, Mill Farm, Fowlmere Road, Melbourn in the Parish of Fowlmere for Plum Developments

Refused contrary to the report 

REFUSED, contrary to the recommendation contained in the report from the Director of Development Services.  Members considered that the development would have an adverse impact on the character of the surrounding countryside, and would therefore conflict with Policy HG15 of the South Cambridgeshire Local Plan 2004.

Erection of single storey rear extension, 29 Harebell Close

 Approval as report

APPROVAL for the reasons set out in the report from the Director of Development Services, and subject to the Conditions referred to therein.

Barn at Golden Gables, Sanders Lane, for R Poulter

Refused

REFUSED, contrary to the recommendation contained in the report from the Director of Development Services.  Having visited the site, Members considered that the desirability of retaining the barn outweighed the effect of Policy EN18/3 of the South Cambridgeshire Local Plan 2004.

Councillor Mrs CAED Murfitt declared a personal interest as a part-owner of a Listed barn.

Change of Use of land for storage of timber and timber products at land rear of Units 1 and 2 Station Road for Pinewood Structures Ltd

Delegated approval contrary to report

Members were MINDED TO APPROVE the application, contrary to the recommendation contained in the report from the Director of Development Services, subject to Conditions requiring a Travel for Work scheme to be agreed and landscaping of the timber stacks, the height of which must be approved by the Local Planning Authority in consultation with local Members,  and to the prior completion of a Section 106 Legal Agreement requiring cessation in the use of the applicant’s other two sites in Gamlingay.   The application would be advertised as a departure from the Development Plan and referred to the Secretary of State in the event that any objections to it were received.

Single Storey Building, 15 Cinques Road, for Royal Mail

Approval as report

DELEGATED APPROVAL for the reasons set out in the report from the Director of Development Services, subject to the receipt of comments from the Trees and Landscape Officer, and to the Conditions referred to in the report.

Erection of bungalow and garage to replace Mobile Home, adjacent to  ‘Bryjohn’, Heath Road, for B N Hankins

Refused as report on Chairman’s casting vote

REFUSED, on the Chairman’s casting vote, for the reason set out in the report.

Extensions at 2 Woodlands Close for Mr and Mrs Wilshere

Approved contrary to report 

APPROVAL, contrary to the recommendation contained in the report from the Director of Development Services.  Having visited the site, Members did not consider the proposal to be out of character with the surrounding area, and were satisfied that it would not seriously affect the amenities of no. 1 Woodlands Close.

House and garage on land adjacent 8 East Drive, Caldecote

Minded to approve contrary to report

Members were MINDED TO APPROVE the application, subject to it being advertised as a Departure from the Development Plan, being referred to the Secretary of State and not being called in by him for determination unless the applicants shall agree to the prior completion of a Section 106 Legal Agreement for an appropriate financial contribution towards the provision of affordable housing off site, in order to comply with Policy HG7 of the South Cambridgeshire Local Plan 2004.  Having visited the site, Members considered that there was no conflict with either Policies SE4 or SE9 of the South Cambridgeshire Local Plan 2004, or Policy P1/3 of the Cambridgeshire and Peterborough Structure Plan 2003. 

House and Garage on land adjoining 2 and 8 East Drive, Caldecote

Minded to approve contrary to report

Members were MINDED TO APPROVE the application, subject to it being advertised as a Departure from the Development Plan, being referred to the Secretary of State and not being called in by him for determination unless the applicants shall agree to the prior completion of a Section 106 Legal Agreement for an appropriate financial contribution towards the provision of affordable housing off site, in order to comply with Policy HG7 of the South Cambridgeshire Local Plan 2004.   Having visited the site, Members considered that there was no conflict with either Policies SE4 or SE9 of the South Cambridgeshire Local Plan 2004, or Policy P1/3 of the Cambridgeshire and Peterborough Structure Plan 2003. 

Residential Development – land at 18 High Street for Mrs S James

Approved as report

APPROVAL, as amended by Flood Risk Assessment dated 1^st October 2004, for the reasons set out in the report from the Director of Development Services and subject to the prior completion of a Section 106 Legal Agreement ensuring that up to 50% of any development would consist of affordable housing and to Conditions 1-5 and 7 referred to in the report.

Erection of 11 Houses, 2 Flats and garages following demolition of existing dwellings  (15-17 Mill Road), 15-17 Mill Road, land to the rear of 13-23 Mill Road and rear of 17-23 Highfield Road for Hogger Homes Ltd

Refused contrary to report

REFUSED, contrary to the recommendation contained in the report.  Members were not satisfied with the response from Anglian Water Services Ltd, and expressed concern at the proposed layout of the development, drainage, and potential noise nuisance.

Councillor Mrs JA Muncey (a local Member) voted for refusal, and asked that her name be recorded.

Continuation of Use of land and buildings as an Immigration Centre for a further temporary period to 31^st December 2006, Oakington Barracks, for the Home Office

Deferred until after the Parish Council has considered the issue at its next meeting

DEFERRED pending further consideration by Longstanton Parish Council.

Resubmission- Balancing Pond and scheme of ditch widening to serve Approved Residential and Commercial Development, land west of Longstanton for Persimmon Homes (East Midlands) Ltd.

Deferred pending consideration by the Land Drainage Advisory Group

DEFERRED pending consideration by the Land Drainage Advisory Group.

Noted

The Committee NOTED the following from the report prepared by the Director of Development Services:

Members suggested that the high success rate the Council had in winning appeals should be publicised in a press release.  However, it would be expedient to wait until the result of the Cottenham Travellers’ appeal before finalising this.

Members noted Planning Appeal statistics for the period from 1^st July 2004 to 30^th September 2004.

Endorsed response as report

The Committee considered a proposal by Cambridgeshire County Council to divert part of Public Footpath no. 48 in Guilden Morden, and create a new footpath in the village.

The report contained detailed comments from the local Member and from the Conservation Area and Design Officer.

Agreed as report

The Committee received a further report on progress being made by the Developers of Cambourne in complying with their obligations under the Section 106 Legal Agreement dated 20^th April 1994.

The New Village/Special Projects Officer (Cambourne) corrected the date of the report to 16^th October and explained that there were approximately 1500 occupied homes and progress was being made on the community centre, burial ground and cricket pavilion, while the Multi-Use Games Area was practically complete, as was the skateboard park and allotments. She added that bi-monthly reporting on progress was preferable to monthly, as there was not enough new information to report monthly due to the slow progress being made by the developers. It was noted that the Chairman could make decisions under delegated powers to avoid any unnecessary delays.

Concern was expressed regarding the failure to complete the burial ground and the general slow progress on the promised facilities. A local member expressed concern that a downturn in the housing market made a swift completion of the delayed facilities less likely.

Members commented on the newly opened Caxton by-pass, observing in particular that

The Committee  is requested to consider exclusion of the Press and public during the consideration of the remaining item in accordance withSection 100(A) (4) of the Local Government Act 1972 on the grounds that, if present, there would be disclosure to them of exempt informationas defined in paragraphs 10, 11 and 13 of Part 1 of Schedule 12A of the Act.

The Committee RESOLVED that members of the Press and public be excluded during consideration of the following item in accordance withSection 100(A) (4) of the Local Government Act 1972 on the grounds that, if present, there would be disclosure to them of exempt informationas defined in paragraphs 10, 11 and 13 of Part 1 of Schedule 12A of the Act.

To agree the continuation of the Sub-Committee for a further three months and review in February 2005.

The Committee received the minutes of the Development and Conservation Control (Direct Action) Sub-Committee held on the 22^nd October 2004.

The Deputy Director of Development Services reported that the Council’s direct action could not be taken until after the judicial review had been determined. He reiterated officers’ caution about raising expectations of a rapid resolution of this matter. 

It was recognised that press releases to parish magazines could not include up-to-date information because the situation was changing so rapidly. Up-to-date information was available on the Council’s website.

Concern was expressed about delay. It was asserted that the Council had to take all appropriate steps to protect its residents against unlawful development. The Council had made representations to the Local Government Association and the Rural Conference about the Government’s failure to support Councils in this situation. The Leader of Council and the Deputy Director of Development Services were due to meet soon with representatives of the Office of the Deputy Prime Minister and other local authorities to discuss these concerns.