Agenda, decisions and draft minutes

Planning Committee
Wednesday, 13 November 2019 10.00 a.m.

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.

Apologies

To receive apologies for absence from committee members. 

Minutes:

Councillors Pippa Heylings and Nick Wright sent Apologies for Absence. Councillor Claire Daunton substituted for Councillor Heylings.

 

In the absence of Councillor Pippa Heylings, the Committee agreed by affirmation than Councillor Brian Milnes be appointed Vice-Chairman of the meeting.

2.

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:

Councillor John Batchelor declared a Non-disclosable Pecuniary Interest in Minute 5 (S/2501/19/RM - Linton (Land to the North and South of Bartlow Road)). Councillor Batchelor’s son, Councillor Henry Batchelor, had a business relationship with the developer. In view of the legal advice he had received, Councillor John Batchelor would withdraw to the public gallery, take no part in the debate, and would not vote. However, South Cambridgeshire District Council’s Monitoring Officer had granted Councillor John Batchelor a dispensation allowing him to address the Committee as a local Member.

 

Councillor Deborah Roberts declared a non-pecuniary interest in Minute 7 (S/0913/19/VC - Fowlmere (Apple Acre Park)). As a member of Fowlmere Parish Council, Councillor Roberts had had some involvement with this application in the past but was considering the matter afresh.

 

Councillor Peter Topping declared a non-pecuniary interest in Minute 7 (S/0913/19/VC - Fowlmere (Apple Acre Park)). As the Cambridgeshire County Councillor representing Fowlmere, Councillor Topping had had some involvement with this application as a result of his attendance at meetings of Fowlmere Parish Council. He was familiar with the site and was considering the matter afresh.

 

3.

Recorded voting

Minutes:

By affirmation, the Committee unanimously agreed that all substantive votes at the current Planning Committee meeting should be recorded by name and / or number and name.

4.

Minutes of Previous Scheduled Meeting pdf icon PDF 310 KB

To authorise the Chairman to sign the Minutes of the meeting held on 9 October 2019 as a correct record.

Minutes:

The Committee authorised the Chairman to sign, as a correct record, the Minutes of the meeting held on 9 October 2019, subject to the following amendment:

 

Minute 7 – Enforcement Report

In the fifth paragraph, delete the word “Argus” and insert the word “Anglers”.

5.

S/2501/19/RM - Linton (Land to the North and South of Bartlow Road) pdf icon PDF 508 KB

 

Approval of matters reserved for appearance, landscaping, layout and scale following outline planning permission S/1963/15/OL for residential development for up to 55 dwellings with landscape buffer and new vehicular access from Bartlow Road

Additional documents:

Decision:

Members had regard to the update report published on 7 November 2019 and, in particular, the updates to paragraphs 10 (comments from the Landscape Officer) and 15 (comments from the Affordable Housing Officer) of the main report published on 5 November 2019, and deletion of the reference to Plot 35 having a garage as part of the application. By five votes to four, the Planning Committee approved the application subject to the Conditions and Informative set out in the main report from the Joint Director of Planning and Economic Development, with the final wording of any amendments to these being delegated to officers in consultation with the Chairman and Vice-Chairman for this item (Councillors Brian Milnes and Peter Fane) prior to the issuing of the Decision Notice.

 

(Councillors Cahn, Daunton, Fane, Milnes and Rippeth voted to approve the application. Councillors Bradnam, Roberts, Topping and Heather Williams voted to refuse it)

Minutes:

Members visited the site on 12 November 2019.

 

In accordance with his Declaration of Interest (Minute 2 refers) Councillor John Batchelor withdrew to the public gallery. Councillor Brian Milnes (Vice-Chairman of the meeting) took the chair and, by affirmation, the Committee agreed that Councillor Peter Fane be appointed Vice-Chairman for the duration of the current item.

 

The current application for Reserved Matters followed the Committee’s refusal of application S/2487/18/RM in May 2019.

 

Members had regard to the update report published on 7 November 2019 and, in particular, the updates to paragraphs 10 (comments from the Landscape Officer) and 15 (comments from the Affordable Housing Officer) of the main report published on 5 November 2019, and deletion of the reference to Plot 35 having a garage as part of the application. The case officer addressed Linton Parish Council’s concerns relating to procedure, including validation of the application and adequacy of public consultation. She said that, as a Reserved Matters application was not technically a planning application, officers felt that due process had been followed.

 

Councillor Enid Bald (Linton Parish Council) and Councillor John Batchelor (in his capacity as a local Member) addressed the meeting.

 

Members’ debate focussed on the ‘pepper-potting’ of the affordable housing, design, including building heights, and the nature of the public consultation. Councillor Deborah Roberts concluded that the revised layout of the affordable housing was probably the best that could be hoped for. However, she expressed disappointment that the developers had failed fully to address the Committee’s concerns, raised in May 2019, about design. Councillor Roberts said the Committee should defend its policies.

 

Taking a contrary view, Councillor Peter Fane said that significant changes had been made to the proposal, and that it should now be approved.

 

Councillor Brian Milnes considered the design in the context of the huge variety of housing in Linton. He concluded that it would be difficult to justify refusal on the ground of the proposal being contrary to the character of the local area.

 

By five votes to four, the Planning Committee approved the application subject to the Conditions and Informative set out in the main report from the Joint Director of Planning and Economic Development, with the final wording of any amendments to these being delegated to officers in consultation with the Chairman and Vice-Chairman for this item (Councillors Brian Milnes and Peter Fane) prior to the issuing of the Decision Notice.

 

(Councillors Cahn, Daunton, Fane, Milnes and Rippeth voted to approve the application. Councillors Bradnam, Roberts, Topping and Heather Williams voted to refuse it)

6.

S/4298/18/FL - Willingham (74 Rampton Road)

 

Demolition of existing garage and outbuildings and erection of new children's nursery with associated infrastructure and landscaping.

Decision:

This application had been withdrawn from the agenda.

Minutes:

Members noted that this application had been withdrawn from the agenda.

7.

S/0913/19/VC - Fowlmere (Apple Acre Park) pdf icon PDF 414 KB

 

Variation of condition 2 (The site shall not be used other than as a touring caravan site and/or tent site and shall not be occupied by mobile homes used either for seasonal use or permanent residential accommodation) of planning permission S/1156/92/F and variation of condition 2 (The site shall not be used other than as a touring caravan site and shall not be occupied by mobile homes used either for seasonal use or permanent residential accommodation) of planning permission S/1155/92/F

Additional documents:

Decision:

Members noted that the applicant had appealed against the non-determination of this application and that, therefore, South Cambridgeshire District Council was no longer the determining Authority. The Planning Committee unanimously endorsed the officers’ proposed positions at Appeal in respect of Areas A and D, as set out in the report from the Joint Director of Planning and Economic Development.

Minutes:

Members visited the site on 12 November 2019.

 

Members noted that the applicant had appealed against the non-determination of this application and that, therefore, South Cambridgeshire District Council was no longer the determining Authority. They also noted the site history and the issue of a Certificate of Lawful Use, and clarified several issues underlying the application and appe3al.

 

South Cambridgeshire District Council had received a letter from Stephens Scown LLP regarding the content of the report and, specifically, some comments within it relating to a site in East Hertfordshire. Officers confirmed that these comments had been made by a third party and were not relevant to the consideration of this application. The Council understood that the owners of the Apple Acre site had no ownership interest in any site in East Hertfordshire. Members noted that the related representation had been removed from the South Cambridgeshire District Council website.

 

Councillor Peter Burge (Fowlmere Parish Council) and Councillor Deborah Roberts (speaking as the local Member) addressed the meeting.

 

Following some debate, Councillor Deborah Roberts proposed that further consideration be deferred. The proposal was seconded by Councillor Heather Williams and, upon a vote being taken, the motion was defeated by eight votes to two. Councillors Roberts and Heather Williams voted for deferral. Councillors John Batchelor, Bradnam, Cahn, Daunton, Fane, Milnes, Rippeth and Topping voted against.

 

Moving directly to the substantive recommendation, the Planning Committee unanimously endorsed the officers’ proposed positions at Appeal in respect of Areas A and D, as set out in paragraphs 103 to 116 inclusive of the report from the Joint Director of Planning and Economic Development.

8.

Enforcement Report pdf icon PDF 259 KB

Additional documents:

Minutes:

The Committee received and noted an Update on enforcement action.    

 

In response to Members’ questions, the Principal Enforcement Officer said that:

 

·         negotiations were ongoing in respect of Anglers Way, Waterbeach

·         Smithy Fen, Cottenham was well in hand

·         The former Barclays Bank building in Great Shelford was being dealt with

·         The issues in Great Wilbraham had been resolved

9.

Appeals against Planning Decisions and Enforcement Action pdf icon PDF 129 KB

Additional documents:

Minutes:

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