Agenda, decisions and minutes

Venue: Council Chamber, First Floor

Contact: Ian Senior, 03450 450 500 Email: democratic.services@scambs.gov.uk  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

1.

Pre-application - Northstowe

Representatives of the Housing and Communities Agency (HCA) will attend to speak about the Design Code for Phase 2.

Minutes:

The Committee received an update on the Phase 2 Design Code for Northstowe. The Presentation covered the following aspects:

 

·        The definition of a design code

·        Users of a design code

·        Why a design code should be used

·        An overview of Northstowe

·        Process

·        Consultation, feedback and responses

·        Further studies and related work

·        Final draft code

 

Clarification was given that the discharge of the Condition relating to Design Coding would be the responsibility of Planning Committee.

2.

Apologies

To receive apologies for absence from committee members. 

Minutes:

Councillor Des O’Brien sent Apologies for Absence. Councillor Charles Nightingale was his substitute.

3.

Declarations of Interest

 

1.         Disclosable pecuniary interests (“DPI”)

A  DPI is where a committee member or his/her spouse or partner has any kind of beneficial interest in the land under consideration at the meeting.

 

 2.        Non-disclosable pecuniary interests

These are interests that are pecuniary involving a  personal financial benefit or detriment but do not come within the definition of a DPI.  An example would be where a member of their family/close friend (who is not their spouse or partner) has such an interest.

 

3.         Non-pecuniary interests

Where the interest is not one which involves any personal financial benefit or detriment to the Councillor but arises out of a close connection with someone or some  body /association.  An example would be membership of a sports committee/ membership of another council which is involved in the matter under consideration.

Minutes:

There were no declarations of interest.

4.

Minutes of Previous Meetings

To authorise the Chairman to sign the Minutes of the meetings held on 23 March 2017 and 5 April 2017 as correct records.

Additional documents:

Minutes:

The Committee authorised the Chairman to sign, as a correct record, the Minutes of the meeting held on 23 March 2017, subject as follows:

 

Minute 6 – S/2553/16/OL – Linton (Land off Horseheath Road)

 

Delete the third paragraph (“Councillor John Batchelor (the other local Member) concluded that the development was neither viable nor deliverable.”) and replace it with the following:

 

“Councillor John Batchelor (the other local Member) said that the minimum requirement of an outline application was to show that the proposal was viable and deliverable. The applicant had not done so, given that the indicative layout failed to meet minimum separation standards, and that the applicant had failed to offer a viable scheme to address surface and foul water drainage issues.”

 

In the fourth paragraph, between the words “…objections…” and “…the Committee refused…” add the words “…from statutory consultees…” so that the paragraph now states:

 

Following further debate, and notwithstanding the absence of any technical objections from statutory consultees, the Committee refused the application contrary to the recommendation in the report from the Head of Development Management. Members agreed the reasons for refusal as being the likelihood that the proposal would exert a harmful effect on the landscape and visual amenities of the area, contrary to Policies DP/1, DP/2, DP/3 and NE/4 of the South Cambridgeshire Local Development Framework Development Control Policies DPD, 2007 and the adopted Design Guide.”

 

Minute 7 – S/1411/16/OL – Cottenham (Rampton Road)

 

After the first set of bullet points, replace  “Malcolm Dee (objector), Laurie Lane (applicant’s agent), Councillor Frank Morris (Cottenham Parish Council) and Councillors Tim Wotherspoon and Lynda H” with the completed paragraph

 

“Malcolm Dee (objector), Laurie Lane (applicant’s agent), Councillor Frank Morris (Cottenham Parish Council) and Councillors Tim Wotherspoon and Lynda Harford (local Members) addressed the meeting.”

 

The Committee authorised the Chairman to sign, as a correct record, the Minutes of the meeting held on 5 April 2017, subject as follows:

 

Minute 5 – S/2084/16/FL – Girton (Howes Close Sports Ground, Huntingdon Road)

 

In the first paragraph, between the words “…by virtue of…” and “…noise…” add the word “…additional…”.

5.

S/1606/16/OL- Cottenham (Land at Oakington Road) pdf icon PDF 570 KB

 

Outline planning application for the erection of up to 126 dwellings, formation of a new vehicular & pedestrian access onto Oakington Road and associated infrastructure and works (All matters reserved apart from access)

Additional documents:

Decision:

Given the extension of the period for determining the application to 31 July 2017, the possibility of Judicial Review, and the desirability of further consideration being given to additional information submitted in relation to heritage assets and, in particular, to the impact of the proposed new roundabout on those heritage assets, the Committee deferred the application

Minutes:

Members visited the site on 9 May 2017.

 

The Planning Lawyer Informed Members that no decision notice had yet been issued in respect of Application S/1411/16/OL. He urged caution in the light of roundabout works already agreed as part of that application. He also reminded them about the possibility of Judicial Review proceedings.

 

Members expressed concern about the increased risk of damage to the heritage assets. Deferral was proposed and seconded for that reason and to make sure that all relevant information was presented to Members and the public in an accessible manner and in advance of the meeting.

 

Given the extension of the period for determining the application to 31 July 2017, the possibility of Judicial Review, and the desirability of further consideration being given to heritage assets and to the impact of the proposed new roundabout on those heritage assets, the Committee deferred the application

6.

S/0077/17/FL - Cottenham (2 Denmark Road) pdf icon PDF 352 KB

 

Erection of a replacement dwelling following demolition of existing dwelling and outbuildings and erection of two new dwellings (one with extant planning permission) with a new vehicular access.

Additional documents:

Decision:

Minutes:

Members visited the site on 9 May 2017.

 

Simon Clark (objector), Councillor Frank Morris (Cottenham Parish Council) and Councillor Lynda Harford (a local Member) addressed the meeting. Mr. Clark objected because of the adverse impact on amenity and privacy, visibility splays, and the demolition of a character building in the village centre. Councillor Morris expressed concern about the impact on the Conservation area, and two Listed Buildings. Further concerns related to access, loss of amenity, flood risk, and noise resulting from the proposal’s proximity to industrial premises. Councillor Harford spoke in the context of affordable housing. She also referred to past incidences of flooding.

 

Councillor Deborah Roberts said the Conservation Area was a key factor. The street scene was also important.  She could not endorse demolition of the existing building.

 

The Committee approved the application subject to the Condition and Informative set out in the report from the Joint Director for Planning and Economic Development, emphasis being placed on Condition (k) relating to overlooking.

Councillor Kevin Cuffley left the meeting and was not present for any of the remaining items. Councillor Brian Burling took over as Vice-Chairman for the remainder of the meeting.

7.

S/0415/17/OL - Castle Camps (Land off Bartlow Road) pdf icon PDF 978 KB

 

Outline application for the erection of up to 10 dwellings with all matters reserved except access

Additional documents:

Decision:

The Committee gave officers delegated powers to approve the application subject to

 

  1. The prior completion of a Legal Agreement under Section 106 of the Town and Country Planning Act 1990 securing matters such as

 

  1. a total of four affordable dwellings on site
  2. a contribution of £888.00 towards the provision of waste receptacles
  3. a monitoring fee of £500.00
  4. informal open space on site, including a financial contribution towards maintenance and management
  5. a financial contribution in respect of maintenance of drainage infrastructure and

 

In addition, it will be the responsibility of the developer to ensure that a management company is in place to deliver management and maintenance of the common areas, including the lighting, refuse collection area, footpaths and roads. Financial responsibility will  rest with the occupiers of the dwellings

 

  1. the Conditions and Informatives set out in the report from the Joint Director for Planning and Economic Development with modification to condition (b) to now be "Application for the approval of reserved matters shall be made to the Local Planning Authority before the expiration of 1 year from the date of this permission."

Minutes:

Members visited the site on 9 May 2017.

 

Stephen Williams (objector), Lisa Allison (applicant’s agent), Melanie Laing (Castle Camps Parish Council) and Councillor Andrew Fraser (a local Member) addressed the meeting. Mr. Williams referred to the Strategic Housing Land Availability Assessment, and to the problem of foul water drainage. Other concerns were road safety and effect on the rural character of the site. He said there was no evidence either of a need or desire for the proposal. Lisa Allison agreed to the submission of a Reserved Matters application within 12 months of Outline permission being granted. Melanie Laing referred to car parking concerns, highway safety, and drainage. Councillor Fraser referred again to the SHLAA and flood risk, and pointed out that the site was outside the village framework.

 

Committee members were concerned about the sustainability and overbearing aspects of the proposal. The diversity of villages in South Cambridgeshire was also an aspiration.

 

The Committee gave officers delegated powers to approve the application subject to

 

  1. The prior completion of a Legal Agreement under Section 106 of the Town and Country Planning Act 1990 securing matters such as

 

  1. a total of four affordable dwellings on site
  2. a contribution of £888.00 towards the provision of waste receptacles
  3. a monitoring fee of £500.00
  4. informal open space on site, including a financial contribution towards maintenance and management
  5. a financial contribution in respect of maintenance of drainage infrastructure and

 

In addition, it will be the responsibility of the developer to ensure that a management company is in place to deliver management and maintenance of the common areas, including the lighting, refuse collection area, footpaths and roads. Financial responsibility will rest with the occupiers of the dwellings

 

  1. the Conditions and Informatives set out in the report from the Joint Director for Planning and Economic Development with modification to condition (b) to now be "Application for the approval of reserved matters shall be made to the Local Planning Authority before the expiration of 1 year from the date of this permission."

Councillor Sebastian Kindersley left the meeting temporarily, was not present for items 8, 9 or the beginning of Item 10, and did not vote on Items 8, 9 or 10.

8.

S/3064/16/OL - Hardwick (Land South of St Neots Road) pdf icon PDF 490 KB

 

Outline planning for up to 155 dwellings following demolition of two existing dwellings, landscaping, open space and associated works. All matters reserved except access

Additional documents:

Decision:

The Committee gave officers delegated powers to approve the application subject to

 

  1. The prior completion of a Legal Agreement under Section 106 of the Town and Country Planning Act 1990 securing the matters set out in Appendix 2 to the report from the Joint Director for Planning and Economic Development, with the addition of the management arrangements for the emergency access route; and

 

  1. The Conditions and Informatives referred to in the said report, with the addition of details of the surfacing of the emergency access road.

 

Minutes:

Members visited the site on 9 May 2017.

 

Nicholas Broderick, accompanied by Mr. Sheffield (objectors) and Paul Derry (applicant’s agent) addressed the meeting. The objections related to the site’s location outside the village framework, lack of sustainability, traffic congestion, lack of amenities, and unsuitability of hall Drive as an access. Further concerns were pollution and the volume of traffic.  Paul Derry pointed to the benefit to Hardwick.

 

The Committee gave officers delegated powers to approve the application subject to

 

  1. The prior completion of a Legal Agreement under Section 106 of the Town and Country Planning Act 1990 securing the matters set out in Appendix 2 to the report from the Joint Director for Planning and Economic Development, with the addition of the management arrangements for the emergency access route; and

 

  1. The Conditions and Informatives referred to in the said report, with the addition of details of the surfacing of the emergency access road.

 

The meeting having been in progress for four hours, the Committee resolved to continue

9.

S/3391/16/OL - Swavesey (Boxworth End) pdf icon PDF 522 KB

 

Outline planning for up to 90 dwellings, demolition of farm buildings, landscaping, open space and associated works. All matters reserved except access

Additional documents:

Decision:

The Committee refused the application, contrary to the recommendation contained in the report from the Joint Director for Planning and Economic Development. Members agreed the reasons for refusal as being the adverse impact on the rural character of the surrounding countryside, the density of development, and the impact on the capacity of surface water drainage infrastructure in Swavesey.

Minutes:

Members visited the site on 9 May 2017.

 

John MacKenzies (for the applicant), Councillor Will Wright (Swavesey Parish Council) and Councillor Sue Ellington (local Member) addressed the meeting. Mr. Mackenzie said that Swavesey would benefit from 40% affordable housing. Councillor Wright pointed out that village infrastructure was at breaking point. He took issue with the applicant’s assertion that Swavesey was a sustainable village, saying that the site was more than a mile from the village centre and one a half miles from the Cambridgeshire Guided Busway. The lack of public transport would lead to an increase in traffic. The adverse impact of the development outweighed any benefit to the village as a whole. Councillor Ellington considered the housing height to be inappropriate, and expressed concern about the impact on the school and medical centre.

 

Committee members referred to the harmful impact on a rural location. The proposal did not reflect the rest of the village. Proposed building heights were not sensitive to the character of Swavesey. Concern was expressed at the cumulative impact of drainage, and the discharge from Over Sewage Works. Density should be looked at again.

 

The Committee refused the application, contrary to the recommendation contained in the report from the Joint Director for Planning and Economic Development. Members agreed the reasons for refusal as being the adverse impact on the rural character of the surrounding countryside, the density of development, and the impact on the capacity of surface water drainage infrastructure in Swavesey.

10.

S/2047/16/FL - Caldecote (Land r/o 18-28 Highfields Road) pdf icon PDF 647 KB

 

Demolition of existing buildings, and erection of residential development to provide up 71no. dwellings including 28no. affordable dwellings, with associated vehicle and pedestrian accesses and open space, and a car park for school/community use.

Additional documents:

Decision:

The Committee gave officers delegated powers to approve the application subject to

 

1.     The prior completion of a Legal Agreement under Section 106 of the Town and Country Planning Act 1990 securing the items set out in Appendix 2 to the report from the Joint Director for Planning and Economic Development;

 

2.     The Conditions and Informatives set out in Appendix 3 to the report from the Joint Director for Planning and Economic Development;

 

3.     Additional Conditions relating to controlling the hours of use of the school car park and retention of the screening to Flat block 1-8; and

 

4.     Updating plan numbers to include minor amendments to the roads and footpaths within the development.

Minutes:

Members visited the site on 9 May 2017.

 

Dr Nadim Abdullah (objector), Philip Wright (for the applicant), Councillor Phil Claridge (Caldecote Parish Council) and Councillor Dr. Tumi Hawkins (local Member) addressed the meeting. Dr. Abdullah’s concerns related to overlooking, location of and pollution from the car park, drainage and the loss of light. Philip Wright offered to discuss relocation of the proposed flats.  Councillor Claridge repeated some of the concerns mentioned above, and added that the schools were at capacity, there was little or no local employment, and the proposal was unsustainable. Councillor Dr. Hawkins added that the affordable housing should be adaptable for use by disabled people.

 

During the Committee debate, Members mentioned the ongoing need to dispose of foul water sewage by tanker, and the lack of sustainability.

 

The Committee gave officers delegated powers to approve the application subject to

 

1.     The prior completion of a Legal Agreement under Section 106 of the Town and Country Planning Act 1990 securing the items set out in Appendix 2 to the report from the Joint Director for Planning and Economic Development;

 

2.     The Conditions and Informatives set out in Appendix 3 to the report from the Joint Director for Planning and Economic Development;

 

3.     Additional Conditions relating to controlling the hours of use of the school car park and retention of the screening to Flat block 1-8; and

 

4.     Updating plan numbers to include minor amendments to the roads and footpaths within the development.

 

Councillor Sebastian Kindersley rejoined the meeting during the course of this item Accordingly, he did not vote.

11.

S/1017/17/FL - Cambourne (13 Woodpecker Way) pdf icon PDF 227 KB

 

Garage Door

Additional documents:

Decision:

The Committee approved the application subject to the Conditions set out in the report from the Joint Director for Planning and Economic Development.

Minutes:

The Committee approved the application subject to the Conditions set out in the report from the Joint Director for Planning and Economic Development.

12.

Enforcement Report pdf icon PDF 244 KB

Additional documents:

Minutes:

The Committee received and noted an Update on enforcement action.    

13.

Appeals against Planning Decisions and Enforcement Action pdf icon PDF 130 KB

Additional documents:

Minutes:

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

Councillor Deborah Roberts left the meeting and was not present in the Chamber for either Item 14(a) or Item 14(b)

14a

Exclusion of Press and Public

Minutes:

RESOLVED that the press and public be excluded from the meeting during consideration of item 14(b) in accordance with the provisions of Section 100(A)(4) of the Local Government Act 1972 (as amended) (exempt information as defined in Paragraph 5 of Part 1 of Schedule 12A of the Act). 

14b

S/1523/17/PO - Sawston (former John Faulkner School, land off Hammonds Road) pdf icon PDF 145 KB

Legal Agreement under Section 106 of the Town and Country Planning Act 1990 in respect of affordable housing

Additional documents:

Decision:

Minutes:

Officers summarised the circumstances leading to this application to vary the Legal Agreement made under Section 106 of the Town and Country Planning Act 1990. They referred to confidential legal Advice received from Counsel.

 

Officers agreed that, should there be any problems in concluding the variation, the matter would be referred back to the Planning Committee.

 

The Committee gave officers delegated powers to approve the application made under Section 106A of the Town and Country Planning Act 1990, subject to:

 

1.   the end of the consultation period (without comments that would justify referring the matter back to the Planning Committee); and

 

2.   completion of a Deed of Variation requiring the immediate payment of a revised Affordable Housing commuted sum of £181,518.