Agenda, decisions and minutes

Planning Committee - Wednesday, 10 May 2023 10.00 a.m.

Venue: Council Chamber - South Cambs Hall. View directions

Contact: Laurence Damary-Homan 01954 713000 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 4pm two clear working days before the meeting. A public speaking protocol applies.

Media

Items
No. Item

1.

Chair's announcements

Minutes:

The Chair made several brief housekeeping announcements.

2.

Apologies

To receive apologies for absence from committee members. 

Minutes:

Apologies for Absence were received from Councillors Henry Batchelor and William Jackson-Wood. Councillor Dr Lisa Redrup was present as a substitute.

3.

Declarations of Interest

Minutes:

With respect to Minute 7, Councillor Heather Williams declared that she was the local Member for some of the appeals listed and that one of the appeals had been registered by a customer of her husband, but as the appeal had been withdrawn there was nothing precluding her from taking part in the discussion.

4.

Minutes of Previous Meeting pdf icon PDF 141 KB

To authorise the Chairman to sign the Minutes of the meeting held on 12 April 2023 as a correct record.

Minutes:

By affirmation, the Committee authorised the Chair to sign the Minutes of the meeting held on 12 April 2023 as a correct record.

5.

22/04280/OUT - Fen Drayton (Land Rear of 40A Middleton Way) pdf icon PDF 247 KB

Erection of 1no self-build dwelling as per self-build and custom housebuilding Act 2015

Decision:

By affirmation, the Committee approved the application in accordance with the officer’s recommendation, and subject to the conditions, laid out in the report from the Joint Director of Planning and Economic Development.

Minutes:

The Senior Planner, Tom Chenery, presented the report. In response to a question, it was clarified that the two buildings proposed to be demolished had no planning history and had been constructed without planning permission but had been in place for more than 10 years, and were therefore outside of any enforcement period. A question was raised on the weight that should be given to the Fen Drayton Former Land Settlement Association (LSA) SPD. Members were advised that the SPD was given some weight in the planning balance, but that Policy H/5 was given greater weight- paragraph 8.9 of the report was referenced. The Parish Council’s concerns, as referenced in the report, that approval of the application would set a precedent were raised by Members. Officers advised that, in their view, the nature of the site was different to the rest of the area covered by the LSA, thus no precedent would be set. Members were advised that potential future applications would be assessed on their merits and the decision being made on the application in front of them would not affect future decisions.

 

The agent of the applicant, David Mead of The Planning Partnership, addressed the Committee in support of the application; Members had no questions of clarity for the agent.

 

In the debate, further discussion was held on the potential for a precedent to be set and Members asked as to if the nature of the application, being under Self-Build legislation, would prevent a precedent being set. Officers advised that the Local Plan held material weight, as did Self-Build legislation, and that the recommendation was based on greater weighting being given towards Self-Build legislation and meeting identified demand. Members acknowledged that Local Plan policies have exceptions in some cases and that the Committee was there to make a judgement on such exceptional cases. Members expressed support for the application and gave weight the fact that it was for a Self-Build dwelling and noted the advice on precedent setting. Further support was given to the application as Members felt that it would greatly improve the state of the site and the provision of a dwelling would enhance the character of the area. The Committee revisited the Planning balance as assessed by officers in their recommendation of approval. Councillor Dr Tumi Hawkins, seconded by Councillor Dr Martin Cahn, proposed that the Committee move to a vote, which the Committee agreed to by affirmation.

 

By affirmation, the Committee approved the application in accordance with the officer’s recommendation, and subject to the conditions, laid out in the report from the Joint Director of Planning and Economic Development.

6.

23/00375/HFUL - Comberton (24 West Street) pdf icon PDF 260 KB

Replacement of existing outbuilding with 3 bay single storey garage with mono pitch low profile roof

Decision:

In order to allow a site visit to be conducted prior to making a decision on the application, the Committee deferred the application by affirmation.

Minutes:

The Senior Planner, Charlotte Spencer, presented the report and informed the Committee that Reason for Refusal 2 had been updated to remove reference to No. 18 West Street. In response to a question, clarity was given over the update for Reason for Refusal 2.

 

The Committee was addressed by the applicant, Alistair Funge. Questions of clarity around the impact of the proposal on a ground floor window were asked. The Committee discussed the use of the room that the window was part of, with the Senior Planner advising that said room was a habitable room used as a study and the applicant stating that his understanding was that the room was a hallway. Members raised concern that the use of the room was not clear and the impact of the detriment to the outlook of the window, as listed in Reason for Refusal 2, carried significant weight in the assessment of the merits and harms of the application.

 

Councillor Dr Tumi Hawkins, seconded by Councillor Bill Handley, proposed that the application be deferred in order for a site visit to be conducted to provide clarity on the use of the room with the affected window.

 

By affirmation, the Committee deferred the application in order to allow a site visit to be conducted.

7.

Appeals against Planning Decisions and Enforcement Action pdf icon PDF 27 KB

Additional documents:

Minutes:

The Interim Development Manager briefly introduced the report Members made comment on some of the cases listed. The Committee requested that the reasons for an appeal being lodged be included in Appendix 2 (appeals received) in future reports.

 

The Committee noted the report.

8.

Compliance Report pdf icon PDF 107 KB

Additional documents:

Minutes:

The Principal Planning Compliance Manager presented the report and informed the Committee that acknowledgement emails, as an automatic response to an online form being completed, were being sent out and that the Compliance team were continuing to work on providing an option to submit anonymous complaints.

 

A request was raised to see an update on the outstanding case at White Farm, Croydon be included in the next report. Duck End, Girton was discussed and it was noted that the local Members supported the Parish Council’s view that Enforcement actions should be carried out as described in the Inspector’s report regarding the appeal. Further comments were made regarding a site on Red Hill Close, Great Shelford and the Principal Compliance Officer offered an update on the progress of managing the case- a request was raised for the case to be included in the next report.

 

The Committee noted the report.

9.

Exclusion of Press and Public

By virtue of paragraph 7 of Part 1 of Schedule 12 A of the Local Government Act 1972 the following report is exempt from the press and public:

 

(7) Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

Minutes:

By affirmation, the Committee agreed to the exclusion of press and public, as proposed by the Chair and seconded by Councillor Dr Tumi Hawkins. The press and public was excluded by virtue of paragraph 7 of Part 1 of Schedule 12 A of the Local Government Act 1972 the following report is exempt from the press and public:

 

(7) Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

10.

Planning Compliance - Smithy Fen Traveller Site

To provide a verbal update on phased compliance.

 

As background, the report to Planning Committee in December 2022 is attached to this agenda.

Minutes:

By virtue of paragraph 7 of Part 1 of Schedule 12A of the Local Government Act 1972 this Minute is subject to the exclusion of press and public.