Agenda, decisions and minutes

Venue: Council Chamber, First Floor

Contact: Ian Senior, 03450 450 500  Members of the public wishing to speak at this meeting are requested to contact the Support Officer by no later than noon on Monday before the meeting. A public speaking protocol applies.

Items
No. Item

10.

General Declarations of Interest pdf icon PDF 25 KB

Minutes:

Councillor Brian Burling

Non-pecuniary interest in relation to applications S/0681/13/FL and S/0825/13/FL both in Over (Minutes 17 and 18 refer) by virtue of having been present at the Over Parish Council meetings at which the applications had been discussed.  However, he had not taken part in those discussions, did not vote, and was now considering both matters afresh.

 

Councillor Lynda Harford

Non-pecuniary interest in relation to S/0255/13/FL in Caldeccote (Minute 13 refers) by virtue of having been present at the Caldecote Parish Council meeting at which the caravan park had been discussed, She had not expressed any opinion and was considering the matter afresh.

 

Councillor Tumi Hawkins

Non-pecuniary interest in relation to S/0255/13/FL in Caldeccote (Minute 13 refers) by virtue of having been present at the Caldecote Parish Council meeting at which the caravan park had been discussed, She had not expressed any opinion and was considering the matter afresh.

 

Councillor Sebastian Kindersley

Non-pecuniary interest as an elected Member of Cambridgeshire County Council in all items where that Authority is a statutory consultee and, specifically, as the local County Councillor for Little Gransden (Minute 12 refers) by virtue of his acquaintance with a number of individuals directly linked with this matter, and Great Eversden (Minute 14 refers), both of which fall within his Electoral Division of Gamlingay.

 

Councillor Nick Wright

Non-pecuniary interest in relation to S/0255/13/FL in Caldeccote (Minute 13 refers) by virtue of having been present at the Caldecote Parish Council meeting at which the caravan park had been discussed, He had not expressed any opinion and was considering the matter afresh.

 

And

 

Non-pecuniary interest in relation to S/0681/13/FL in Over (Minute 17 refers) by virtue of having been acquainted with the applicant in the past.

 

11.

Minutes of Previous Meeting pdf icon PDF 25 KB

To authorise the Chairman to sign the Minutes of the meeting held on 5 June 2013 as a correct record.  The Minutes are attached to the electronic version of the agenda on the Council’s website.

Minutes:

The Committee authorised the Chairman to sign, as a correct record, the Minutes of the meeting held on 5 June 2013.

12.

Tree Preservation Order at Little Gransden (Tree Preservation Order 01/12/SC and Refusal of Application to Fell C/11/17/063/01-9424 - Claim for Compensation) pdf icon PDF 48 KB

Additional documents:

Decision:

The Committee agreed to revoke Tree Preservation Order 01/12/SC relating to one Cedar tree and one Wellingtonia tree at the Old Rectory, Little Gransden because potential compensation for the cost of underpinning the property, for which South Cambridgeshire District Council would otherwise be liable, had now risen to a level that Members considered outweighed the amenity value of the trees.

Minutes:

Victoria Seabright (landowner), Rachel Bolt (Legal Advisor to Mrs. Seabright), Margaret MacQueen (representing Mrs. Seabright’s property insurer’s), Lance Gill (Structural Engineer advising the insurers) and Councillor Bridget Smith (a local Member) addressed the meeting.

 

The Committee considered a report on the claim for compensation received on 6 June 2013 following the confirmation on 5 September 2012 (Minute 50 refers) of Tree Preservation Order 01/12/SC and refusal of Application to Fell C/11/17/063/01–9424.

 

Following private advice given by him to a Councillor in relation to a complaint of bias, the Senior Lawyer addressed the Committee about its composition.  The concern here arose not from an Interest, but related to an “exchange of views” between the Councillor and the landowner during a site visit last year, which had then resulted in formal complaints having been made by both parties.  The Senior Lawyer, citing the Case of R (Berky) v Newport City Council, advised that the law on predetermination and bias had developed such that the participation of one member who might be adjudged not to have an open mind would not necessarily, of itself, render the committee’s decision vulnerable to challenge, but might do so if the vote was extremely close or if it could be shown an inappropriately participating member had materially influenced the voting of others. Councillors were reminded that the majority had been just two votes when the Tree Preservation Order was confirmed and a similarly close vote today could expose the committee to risk where a perception of possible bias had been notified.    The Senior Lawyer told the Committee that he wanted its decision to be safe in legal terms but it was a matter for the committee as to whether it considered its composition to be safe in the circumstances.

 

Councillor Deborah Roberts informed the Committee that she was the Councillor to whom the Senior Lawyer had referred.  She said she would not withdraw willingly to the public gallery. Councillor Roberts denied any allegation of bias, stated that the events concerned had been some time ago and had not been initiated by her in any event; further, she could judge the matter on its merits.  Following further statements, Councillor Roberts called upon her fellow Committee members to determine whether or not she should remain a full voting member for this agenda item. 

 

The Senior Lawyer advised the Committee that it mattered not who had initiated the confrontation that gave rise to the concern; the issue was that the confrontation had occurred and whether, and to what extent, this fact meant that the business could not be decided fairly by an involved member. 

 

Councillor Nick Wright proposed that Councillor Roberts withdraw to the public gallery, on the basis she had argued with the landowner during the site visit.  This proposal was not seconded.

 

Councillor Ben Shelton concluded that Councillor Roberts would be able to consider the matter afresh and should remain in her seat as a full Committee member.  Councillor Val Barrett agreed with this  ...  view the full minutes text for item 12.

13.

S/0255/13/FL - Caldecote (adj Casa de Foseta, St Neots Road) pdf icon PDF 49 KB

Additional documents:

Decision:

The Committee gave officers delegated powers to approve the application, contrary to the recommendation in the report from the Planning and New Communities Director, subject to the outcome of enquiries with appropriate Registered Social Landlords and steps made necessary by the application being contrary to local planning policies.  In Members’ opinion, the proposal was sustainable and did not conflict with Policy DP/1 of the South Cambridgeshire Local Development Framework 2007.  In addition, they felt that the proposal was not inconsistent with Policy HG/2 of the LDF, relating to housing mix.

Minutes:

Catherine Hills,  Bill Maughan and Colin Fotland (supporters of the proposal) and Saskia Barker (Caldecote Parish Council) addressed the meeting.

 

The Committee gave officers delegated powers to approve the application, contrary to the recommendation in the report from the Planning and New Communities Director, subject to the outcome of enquiries with appropriate Registered Social Landlords and steps made necessary by the application being contrary to local planning policies.  In Members’ opinion, the proposal was sustainable and did not conflict with Policy DP/1 of the South Cambridgeshire Local Development Framework 2007.  In addition, they felt that the proposal was not inconsistent with Policy HG/2 of the LDF, relating to housing mix.

14.

S/0902/13/FL - Great Eversden (42 Wimpole Road) pdf icon PDF 56 KB

Additional documents:

Decision:

The Committee gave officers delegated powers to approve the application, subject to no material objections being raised, and to the Conditions referred to in the report from the Planning and New Communities Director.

Minutes:

Kieran O’Callaghan (objector) and Don Proctor (applicant’s agent) addressed the meeting.

 

The Committee gave officers delegated powers to approve the application, subject to no material objections being raised, and to the Conditions referred to in the report from the Planning and New Communities Director.

15.

S/0552/13/FL - Impington (24 Hereward Close) pdf icon PDF 52 KB

Additional documents:

Decision:

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 financial contributions towards the provision of community facilities, public open space and refuse bins, and to the Conditions set out in the report from the Planning and New Communities Director.

Minutes:

Thomas Grocutt (objector), Jason Tyers (applicant’s agent) andf John Dunn (Great Eversden Parish Council) addressed the meeting.

 

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 financial contributions towards the provision of community facilities, public open space and refuse bins, and to the Conditions set out in the report from the Planning and New Communities Director.

16.

S/1131/12/FL- Waterbeach (The Travellers Rest, Chittering) pdf icon PDF 41 KB

Additional documents:

Decision:

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 financial contributions towards the provision of affordable housing, public open space, community facilities and refuse bins, and to the Conditions referred to in the report from the Planning and New Communities Director.

Minutes:

Councillor Peter Johnson (a local Member) addressed the meeting.

 

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 financial contributions towards the provision of affordable housing, public open space, community facilities and refuse bins, and to the Conditions referred to in the report from the Planning and New Communities Director.

17.

S/0681/13/FL - Over (Land Opposite 55 Fen End) pdf icon PDF 40 KB

Additional documents:

Decision:

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

Minutes:

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

18.

S0825/13/FL - Over (Alwyn Park, Willingham Road) pdf icon PDF 53 KB

Additional documents:

Decision:

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 the cumulative scale of Gypsy and Traveller development in, and adverse impact on, the village of Willingham, and the loss of touring caravan facilities should the proposal proceed.

Minutes:

Phil King (Willingham Parish Council) and Councillor Ray Manning (a local Member) addressed the meeting.

 

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 the cumulative scale of Gypsy and Traveller development in, and adverse impact on, the village of Willingham, and the loss of touring caravan facilities should the proposal proceed.

 

Councillor Deborah Roberts did not take part in the debate and did not vote.

19.

Enforcement Action Update pdf icon PDF 39 KB

Minutes:

The Committee received and noted an Update on enforcement action.

20.

Appeals against Planning Decisions and Enforcement Action pdf icon PDF 22 KB

Minutes:

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