Agenda, decisions and minutes

Development and Conservation Control Committee (see also Planning Committee) - Wednesday, 1 December 2004 10.00 a.m.

Venue: Council Chamber

Contact: Ian Senior  01954 713028

Items
No. Item

1.

Minutes of Previous Meetings pdf icon PDF 158 KB

To authorise the Chairman to sign the Minutes of the meetings held on 6th October 2004 and 3rd November 2004 as correct records.

Additional documents:

Decision:

Confirmed. 

Minutes:

The Committee authorised the Chairman to sign the Minutes of the meetings held on 6th October 2004 and 3rd November 2004 as correct records.

2.

S/0710/04/O - Willingham pdf icon PDF 166 KB

Erection of five dwellings at land to the rear of 17-19A Green Street for E.Garner & Sons

Decision:

Delegated approval as report.

Minutes:

DELEGATED APPROVAL as amended by plans date stamped 5th October 2004 and 27th October 2004, 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 payment of an appropriate contribution for local education provision, rescission of planning permission reference S/2362/03/F, and the Conditions referred to in the report.

3.

S/2113/04/F - Willingham pdf icon PDF 34 KB

Extension at 145 Station Road for J Anderson

Decision:

Approval contrary to report.

Minutes:

APPROVAL contrary to the recommendation contained in the report from the Director of Development Services.  Noting that similar extensions already existed in the immediate vicinity, Members considered that the visual impact of the present proposal would be minimal, given its modest size and its location among scattered dwellings.  They further considered that its impact on the countryside would be insignificant because of the restricted views of the development and that, therefore, there would be no conflict with Policy HG13 of the South Cambridgeshire Local Plan 2004.

4.

S/2122/04/F - Willingham pdf icon PDF 95 KB

Variation of Condition 1 of Planning Permission S/2065/01/F to Allow a Further Period of Three Years for the Submission of Reserved Matters for the Erection of Two Dwellings at 30 and 32 High Street, for J. O. Askew

Decision:

Approval as report.

Minutes:

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

5.

S/1137/04/F - Croydon pdf icon PDF 180 KB

Conversion of agricultural buildings to four home/work dwellings (mixed use Classes C3 and B1), car parking and alterations to access at Croydon House Farm for Optima (Cambridge) Ltd.

Decision:

Refusal contrary to report.

Minutes:

REFUSED, contrary to the recommendation contained in the report from the Director of Development Services.  Members considered that the site was not an appropriate one for tele-working, given its proximity to neighbouring dwellings and the potential for additional traffic generation and was, in any event, out of character with the immediate vicinity.

6.

S/2131/04/F - Oakington pdf icon PDF 161 KB

Erection of a block of stables and Tack Room/Feed Room and Barn, (Renewal of Permission S/1565/99/F) at Homefield Stables, Cambridge Road For Mrs B Tingey

Decision:

 Approval as report.

Minutes:

APPROVAL for the reasons set out in the report from the Director of Development Services and subject to the Conditions referred to therein. Members asked that a letter be sent to the Local Highways Authority asking that it consider tarmacking the current access, which had a gravel surface, stones from which get onto the cyclepath

 

Councillor SM Edwards declared a personal interest in this item as a horse rider.

7.

S/2153/04/F - Litlington pdf icon PDF 135 KB

Change of Use of land to garden land and retention of garden room (Retrospective Application), 2 Manor Farm Barns and Land Adjoining, Cockhall Lane, for Ms C Romeyer and Mr R Kennedy

Decision:

Refusal contrary to report, and resolved to take enforcement action.

Minutes:

REFUSED, contrary to report.  Noting that the proposal was outside the village framework, Members considered that it would have an adverse impact on the rural character of the countryside, and would therefore conflict with Policy P1/2 of the Cambridgeshire and Peterborough Structure Plan 2003 and Policies SE9, HG12 and EN30 of the South Cambridgeshire Local Plan 2004.  Members authorised Enforcement Action.

8.

S/6236/04/RM - Cambourne pdf icon PDF 152 KB

Formation of New Haul Road Between Upper Cambourne and Lower Cambourne and Continued Use of the Haul Road to the Rear of Brookfield Way Lower Cambourne until Completion of the Proposed Haul Road for McA Developments Ltd

Decision:

Approval as report. 

Minutes:

APPROVAL of the use of the existing Haul Road for an additional temporary period up to 31st March 2005, pending completion of the new Haul Road east of Great Cambourne.

9.

S/1937/04/F- Comberton pdf icon PDF 147 KB

Extensions, garage/ carport and access

Decision:

Approval as report. 

Minutes:

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

10.

S/2394/03/O - Coton pdf icon PDF 117 KB

Erection of 4 Dwellings at the Rear of 79 and 81 Whitwell Way, Coton for
Mr and Mrs C. Phillips, Dr S. Julian, Dr N. Graham and Mr and Mrs J. Sadler

Decision:

Delegated approval as report.

Minutes:

DELEGATED APPROVAL, for the reasons set out in the report from the Director of Development Services, subject to the application being referred to the Secretary of state, and not being called in by him for determination, and subject also to the prior completion of a Section 106 Legal Agreement securing the provision of affordable housing and to the Conditions referred to in the report.

11.

S/1093/04/O - Cottenham pdf icon PDF 138 KB

Agricultural dwelling, Causeway Farm, Smithy Fen, for Mr and Mrs R Jones

Additional documents:

Decision:

Refusal as report. 

Minutes:

REFUSED for the reasons set out in the report from the Director of Development Services.  Members expressed their support for this family enterprise, but regretted that this application had been submitted prematurely.

12.

S/1079/04/F - Fowlmere pdf icon PDF 170 KB

Erection of two houses following demolition of existing dwelling, The Elms, Lynch Lane for Upware Marina

Decision:

Approval as report.

Minutes:

APPROVAL, as amended by drawings date stamped 29th September 2004, for the reasons set out in the report from the Director of Development Services and subject to safeguarding Conditions including the implementation of the proposed scheme for surface water drainage.

13.

S/1970/04/F - Fowlmere pdf icon PDF 65 KB

Erection of dwelling and conversion of barn into garage/carport/workshop and Store Following Demolition of 2 Existing Dwellings

Additional documents:

Decision:

Approval as report dated 3rd November 2004

Minutes:

APPROVAL for the reasons set out in the report dated 3rd November 2004 (Item 33 refers), subject to safeguarding Conditions.  This item had been presented to Committee again upon the instructions of the Head of Legal Services, in his capacity as Monitoring Officer, following representations received by him.

 

Councillor Mrs DP Roberts did not vote.

14.

S/1975/04/F - Fulbourn pdf icon PDF 155 KB

Extension to provide a smoking room, store and entrance lobby

at George Mackenzie House, Fulbourn Hospital for Cambridgeshire and Peterborough Mental Health Partnership NHS Trust

Decision:

Approval as report.

Minutes:

APPROVAL for the reasons set out in the report from the Director of Development Services and subject to the Conditions referred to therein. The Decision Notice would include an Informative concerning the detailing of the extraction facilities.   

15.

S/2030/04/F - Fulbourn pdf icon PDF 25 KB

Extension to Nursing Home Together with Additional Car Parking

at Home Close Nursing Home, Cow Lane for Abbott Healthcare PLC

Decision:

Deferred for a site visit.

Minutes:

DEFERRED for a site visit.

16.

S/1977/04/F - Fulbourn pdf icon PDF 154 KB

Portable building for temporary office accommodation at Heron Court, Ida Darwin Hospital for South Cambridgeshire Primary Care Trust

Decision:

Approval subject to Condition 1 in the report being amended to read “…on or before 1st January 2006”

Minutes:

APPROVAL for the reasons set out  in the report from the Director of Development Services and subject to Conditions 2-5 referred to therein and Condition 1 being amended to read  “…on or before 1st January 2006”

 

Councillor JH Stewart and Councillor Dr J Williamson declared personal interests as members of the Primary Care Trust (Councillor Dr Williamson as the Council’s appointed representative)

17.

S/2204/04/F - Gamlingay pdf icon PDF 145 KB

Variation of Condition 1 of Planning Permission S/1737/01/O to allow a Further Period of 3 Years for the Submission of Reserved Matters for Industrial Development, Land South of Station Road, for Merton College

Decision:

Reaffirmed decision of 4th August 2004 for a one year extension.

Minutes:

APPROVAL for a one year extension of the period for submission of Reserved Matters.

18.

S/2144/04/PNA - Girton pdf icon PDF 144 KB

Erection of general purpose agricultural building, Manor Farm, for

Mr and Mrs K Dawson

Decision:

Objection to Prior Notification on grounds of siting because of detriment to amenity of neighbours. 

Minutes:

RESOLVED to raise an objection to this Prior Notification on grounds of siting because of being detrimental to the amenity of neighbours. 

19.

S/1931/04/F - Great Shelford pdf icon PDF 156 KB

Extension and Conversion of Barn into Dwelling Together with New Boundary Wall and Gates (Amended Design to Include Conversion of Outbuilding into Office/Workshop for Residential Use) at De Freville Farm, High Green

for Dakin Estates Ltd

Decision:

Approval as report.

Minutes:

APPROVAL, as amended by drawing no. 03043-22B date stamped 21st October 2004, for the reasons set out in the report from the Director of Development Services and subject to the Conditions referred to therein.

20.

S/2011/04/F - Great Shelford pdf icon PDF 158 KB

Erection of annexe at 5 Davey Crescent for Mrs S Nettleton

Decision:

Refusal contrary to report.

Minutes:

REFUSED, contrary to the recommendation contained in the report from the Director of Development Services.  Due to the position of the door and windows in the proposed annexe building, and their proximity to neighbouring properties, there would be serious overlooking of those neighbouring properties by the proposed development.

21.

S/1662/04/F - Highfields Caldecote pdf icon PDF 158 KB

Erection of Two Shops and Four Flats with Associated Car Parking

Decision:

Approval as report.

Minutes:

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

22.

S/2002/04/F - Haslingfield pdf icon PDF 186 KB

Erection of two dwellings following demolition of existing dwelling at 1 Butler Way for Aspire Homes (Cambridgeshire) Ltd

Decision:

Delegated approval as report, subject to dwellings being set back and provision of 3 parking spaces on each plot.

Minutes:

DELEGATED APPROVAL for the reasons set out in the report from the Director of Development Services, subject to dwellings being set back, the provision of 3 parking spaces on each plot, and the Conditions referred to in the report.

 

Councillor R Hall declared a personal interest by virtue of his acquaintance with the occupier of no. 4 Butler Way, and did not vote.

 

Councillor CR Nightingale declared a personal interest by virtue of his acquaintance with the occupier of no. 2 Butler Way, and did not vote.

23.

S/1997/04/F - Histon pdf icon PDF 153 KB

Extension at 6 New School Road for Mr. P. Osbourne

Decision:

Approval as report.

Minutes:

APPROVAL, as amended by letter dated 9th November 2004 and plan date stamped 16th November 2004, for the reasons set out in the report from the Director of Development Services and subject to the Condition referred to therein.

24.

S/1801/04/F - Hinxton pdf icon PDF 174 KB

Conversion of farm buildings to six Dwellings at Barns at Lordship Farm, Mill Lane, for Wellcome Trust Ltd

Decision:

Deferred for a site visit and further negotiations with the applicant. 

Minutes:

DEFERRED for a site visit and further negotiations with the applicant. 

 

Mrs B Fagg from Hinxton Parish Council addressed the meeting.

25.

S/1172/04/Circular 18/84 - Longstanton pdf icon PDF 157 KB

Continuation of Use of land and buildings as an Immigration Centre for Further

Temporary Period to 31st December 2006, Oakington Barracks, for The Home Office

Additional documents:

Decision:

No objections from South Cambridgeshire District Council.

Minutes:

RESOLVED that South Cambridgeshire District Council raise no objection to a continued temporary period of use until 31st December 2006, subject to the Conditions attached to the 1999 application.  Longstanton Parish Council had re-visited the application on Monday 8th November 2004 and, based on the improving situation at Oakington Immigration Centre,had withdrawn its objections.

26.

S/2074/04/F - Melbourn pdf icon PDF 141 KB

Extension to existing garden wall at 2 The Lawns, for A Harry

Decision:

 Approval

Minutes:

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

27.

S/1961/04/F - Sawston pdf icon PDF 88 KB

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

Additional documents:

Decision:

Approval with additional condition relating to hours of work of any unit used fro Light Industrial purposes.

Minutes:

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 controlling noise emitted from any B1(C) light industrial premises on the site, precise wording and method of control to be agreed with Local Members.

28.

S/1203/04/F - Stapleford pdf icon PDF 188 KB

Erection of dwelling and garage following demolition of existing dwelling Together with part change of use of agricultural land to garden land at Keepers Cottage, Haverhill Road for Mr & Mrs J Culbert

Decision:

Refusal contrary to report.

Minutes:

REFUSED contrary to the recommendation contained in the report from the Director of Development Services.  Having visited the site, Members expressed concern about the scale, height, character, position and visual impact of the proposal upon the Green Belt,  the loss of the stylistic and hierarchical  relationship between the existing dwelling, Middlefield, a Grade II* Listed Building, and the House on the Hill, the impact of the development on the setting of Middlefield, and conflict with Policies GB2 and HG15 of the South Cambridgeshire Local Plan 2004.

 

Councillor Mrs EM Heazell declared a personal interest by virtue of her “nodding” acquaintance with the female occupiers of both the application site and the site adjacent to it.

29.

S/2091/04/F - Guilden Morden pdf icon PDF 159 KB

Double garage with studio above at 38/40 Dubbs Knoll Road for A E Keeling

Decision:

Approval as report.

Minutes:

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

30.

S/1698/04/F - Steeple Morden pdf icon PDF 173 KB

Erection of 37 dwellings to Include 21 Live/Work Units, Ashwell and Morden Station Yard, Odsey, for T M S Management Ltd

Decision:

Refusal of this application in this location, as report, but support concept in principle.

Minutes:

REFUSED for the reasons set out in the report from the Director of Development Services.  However, while opposing the application on this particular site, Members were keen to express their support for the type of development in principle.

 

Tony Turner, Vice-Chairman of Steeple Morden Parish Council, addressed the meeting.

31.

S/1966/04/RM - Steeple Morden pdf icon PDF 164 KB

Erection of five dwellings, land at The Mill, Ashwell Road, for Hasler (HTC) Ltd

Decision:

Delegated approval as report.

Minutes:

DELEGATED APPROVAL of Reserved Matters, subject to the receipt of no materially new objections to the amended drawings, and securing the provisions of works to the Mill, and to safeguarding Conditions and informatives suggested by the Chief Environmental health Officer.

 

Tony Turner, Vice-Chairman of Steeple Morden Parish Council, addressed the meeting.

32.

Appeals against Planning Decisions and Enforcement Action pdf icon PDF 150 KB

Decision:

 Noted.

Minutes:

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

 

·                   

Decisions notified by the Secretary of State

·                   

Summaries of recent decisions of interest

·                   

Appeals received

·                   

Local Inquiry and Hearing dates scheduled before the next meeting on 5th January 2005

·                   

Advance notification of Local Inquiry and Informal Hearing dates, subject to postponement or cancellation

 

The Deputy Director of Development Services informed Members about the workload currently being placed on the Planning Inspectorate.  As a result, it could no longer guarantee that appeals would be heard within a year after the Local Planning Authority making its original decision.

33.

To consider confirming Orders in Bassingbourn, Croydon and Whittlesford pdf icon PDF 202 KB

Decision:

Confirmed as report.

Minutes:

The Committee considered a report on three Tree Preservation Orders made on 19th July 2004 in Bassingbourn, Croydon and Whittlesford.

 

RESOLVED

That Tree Preservation Orders 03/04/SC (‘Crail’, High Street, Croydon), 04/04/SC (Elbourn Way, Bassingbourn) and 06/04/SC (The Maynards, Whittlesford) be confirmed without modification.

34.

Cambourne: Lack of Developer Approval for Affordable Housing schemes pdf icon PDF 129 KB

Decision:

No further action at this stage, in line with the amended recommendation of the Director of Development Services.

Minutes:

The Committee considered a report highlighting difficulties being encountered by the Council’s Registered Social Landlord (RSL) partners in securing developer approval of their housing schemes, and the consequential impact on funding.

 

The developers had assured officers and the Leader of the Council that they would issue their formal approval after an internal meeting on 3rd December 2004.  It was also agreed that, in future, developers would issue conditional approval if they had concerns that went beyond their powers under the Section 106 Legal Agreement.  However, such concerns could be allayed by Housing Associations engaging with  developers on design issues at an earlier stage.

 

Officers had been encouraged by these assurances, and were now recommending that no further action be taken by the Council at this stage.

 

RESOLVED

That no further action be taken by the Council at this stage, but that Members should review the decision in the event that the developers fail to adhere to their assurances given to officers and the Leader of the Council.

35.

Cambourne - Hodgkinson's Land (Residential Development) and trailer compound sites pdf icon PDF 174 KB

Decision:

Resolved that planning permission for Hodgkinson’s Land residential be issued, both because it is illegal to tie it to the Section 106 Agreement and because its issuing will enable the provision of the trailer compound, and that no further planning permissions be issued on land covered by the S106 Agreement until the matters required to secure the provision and operation of the trailer compound have been agreed.

Minutes:

The Committee considered a report highlighting the difficulties being encountered in securing the trailer compound, which the developers should have provided, under the terms of their Section 106 Legal Agreement, upon the occupation of 300 dwellings.

 

The developers had assured officers and the Leader of the Council that they had a contract with Mr Hodgkinson, site owner, for him to provide the trailer compound with the developers’ help.  However, they had refused to allow the Council to see that contract, so it had not been possible to assess its appropriateness in the context of the Section 106 obligation.  This was unfortunate, as the site was outside the area covered by the Section 106 Legal Agreement and was not therefore covered by the operating requirements set out therein.  The Head of Legal Services had advised that to withhold planning permission for the adjacent residential land would be inappropriate, as that land was also outside the area covered by the Section 106 Agreement.  As the trailer park had still to be provided, any withholding of planning permission should apply to applications made on the land covered by the Section 106 Agreement, not land outside that area.  Therefore, any withholding of planning permission should apply to applications elsewhere in Cambourne, rather than on the Hodgkinson site.  The developers had argued that the granting of planning permission for the Hodgkinson site would trigger the provision of the trailer compound by virtue of the contractual arrangements between the developers and Mr Hodgkinson.  There were no outstanding applications for market housing in the main part of Cambourne, but several were in the process of being negotiated.  Providing that the developers progress the trailer compound, Members noted that there should be no effect on the eventual issue of planning permission for their market housing sites.

 

The developers and Council officers had agreed that the Head of Legal Services should negotiate a separate Section 106 Legal Agreement, or similar, with the developers’ solicitor.  The developers had estimated that, once all of the outstanding legal and planning issues had been addressed satisfactorily, it would take about three months to provide the trailer park.

 

Officers therefore changed their recommendation from that contained in the report from the Director of Development Services and, accordingly, the Committee

 

RESOLVED

 

(1)

that the planning permission for Hodgkinson’s Land residential be issued, (both because it is illegal to tie it to the Section 106 Agreement and because its issuing will enable the provision of the trailer compound; and

 

(2)

that no further planning permissions for market housing be issued on land covered by the Section 106 Legal Agreement dated 20th April 1994 and relating to the bulk of Cambourne until the matters required to secure the provision and operation of the trailer compound have been finalised.