Decisions

Decisions published

09/06/2021 - Proposed diversion of part of Melbourn Public Footpath no. 6 and stopping up of Melbourn Public Footpath no. 8 ref: 11627    Recommendations Approved

All planning applications for Melbourn considered by the Planning Committee since May 2003. For individual reports, please click on the `Meetings’ tab above. For further details on all Melbourn planning applications, please visit our Planning Applications Database and select Melbourn from the drop-down list of parishes.

Decision Maker: Planning Committee

Made at meeting: 09/06/2021 - Planning Committee

Decision published: 11/06/2021

Effective from: 09/06/2021

Decision:

Wards affected: Melbourn;


09/06/2021 - 21/00512/FUL - Bassingbourn-Cum-Kneesworth (The Limes Community Centre,<br/>High Street)<br/> ref: 11629    

All planning applications for Bassingbourn-cum-Kneesworth considered by the Planning Committee since May 2003. For individual reports, please click on the ‘Meetings’ tab above. For further details on all Bassingbourn-cum-Kneesworth planning applications, please visit our Planning Applications Database and select Bassingbourn-cum-Kneesworth from the drop-down list of parishes.

Decision Maker: Planning Committee

Made at meeting: 09/06/2021 - Planning Committee

Decision published: 11/06/2021

Effective from: 09/06/2021

Decision:

By affirmation, the Planning Committee approved the application subject to the Conditions set out in the report from the Joint Director of Planning and Economic Development.

Wards affected: Bassingbourn;


09/06/2021 - S/2896/19/FL - Duxford (Imperial War Museum, Royston Road) ref: 11631    For Determination

All planning applications for Duxford considered by the Planning Committee since May 2003. For individual reports, please click on the “Meetings” tab above. For further details on all Duxford planning applications, please visit our Planning Applications Database and select Duxford from the drop-down list of parishes.

Decision Maker: Planning Committee

Made at meeting: 09/06/2021 - Planning Committee

Decision published: 11/06/2021

Effective from: 09/06/2021

Decision:

By eight votes to three, the Planning 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 a commuted sum towards maintenance of the ‘keep clear’ markings on the M11 Junction 10 roundabout; and

 

2.    The Conditions and Informatives set out in the report from the Joint Director of Planning and Economic Development.

 

(Councillors Henry Batchelor, Cahn, Fane, Harvey, Hawkins, Heylings, Milnes and Rippeth voted in favore. Councillors Roberts, Heather Williams and Richard Williams voted against.)

Wards affected: Duxford;


09/06/2021 - 20/05250/OUT - Linton (35 Balsham Road) ref: 11630    Recommendations Approved

All Planning Applications for Linton considered by the Planning Committee since May 2003. For individual reports, please click on the ‘Meetings’ tab above. For further details on all Linton Planning Applications, please visit our Planning Applications Database and select Linton from the drop-down list of parishes.

 

Decision Maker: Planning Committee

Made at meeting: 09/06/2021 - Planning Committee

Decision published: 11/06/2021

Effective from: 09/06/2021

Decision:

By seven votes to three, with one abstention, the Planning Committee approved the application subject to the Conditions and Informative set out in the report from the Joint Director of Planning and Economic Development.

 

(Councillors Cahn, Harvey, Hawkins, Heylings, Milnes, Roberts and Heather Williams voted in favour. Councillors Henry Batchelor, Fane and Richard Williams voted against. Councillor Rippeth abstained.)

Wards affected: Linton;


09/06/2021 - 20/05404/HFUL - Histon (24 Manor Park) ref: 11628    

All Planning Applications for Histon considered by the Planning Committee since May 2003. For individual reports, please click on the ‘Meetings’ tab above. For further details on all Histon Planning Applications, please visit our Planning Applications Database and select Histon from the drop-down list of parishes.

 

Decision Maker: Planning Committee

Made at meeting: 09/06/2021 - Planning Committee

Decision published: 11/06/2021

Effective from: 09/06/2021

Decision:

By affirmation, the Planning Committee approved the application subject to the Conditions set out in the report from the Joint Director of Planning and Economic Development.

Wards affected: Histon & Impington;


09/06/2021 - Final response to East West Rail Consultation ref: 11626    Recommendations Approved (subject to call-in)

 

Cabinet on 24 May 2021 considered a report on the East West Rail consultation.

The decision:

a) Approved the Council’s response to the East West Rail consultation as set out in Appendix A of the report.

b) Delegated authority to the Joint Director of Planning and Economic Development to make further technical comments in consultation with the Lead Cabinet Member for Strategic Planning of South Cambridgeshire District Council.

 

The final amendments, reflecting discussions as Cabinet, have now been completed to the consultation response.

 

Decision Maker: Joint Director for Planning and Economic Development

Decision published: 09/06/2021

Effective from: 17/06/2021

Decision:

To submit the final response by South Cambridgeshire District council to East West Rail.

Wards affected: (All Wards);

Lead officer: Jonathan Dixon


03/06/2021 - Provision of 4 no. affordable dwellings off Bartlow Road, Castle Camps ref: 11625    Recommendations Approved

The purpose of this Decision Notice is to give approval for South Cambridgeshire District Council (SCDC) to enter into Heads of Terms followed thereafter into a Development Sale Agreement to purchase 4 affordable homes representing the S106 40% affordable housing contribution on a site located off of Bartlow Road , Castle Camps

 

 

The site has been brought forward by Arbora Homes Ltd who are due to complete the units within 12 weeks. The properties are therefore close to completion and have been inspected by Dan Rose of The Design Partnership (SCDC framework member) without negative comment.

 

In its entirety the site totals 10 new homes - with the policy compliant 40% affordable housing of 3 new rented homes and 1 new shared ownership home. These are made up of a mixture of two 1 bed houses and two 2 bed houses.

 

It is the intention that the shared ownership property is to be sold with a maximum ownership of 50% initially with the option to staircase up to 80% as per the section 106.

 

 

It should be noted that the payback is in year 26

 

The shared ownership property is restricted to 80% ownership and is subject to a Local Connection clause

 

Enabling/Strategic support

Strategic Housing fully support this mix, as it will provide much needed homes in Castle Camps.

The overall affordable housing mix has previously been agreed by Housing Strategy as meeting the housing needs in Castle Camps and its environs.

 

Scheme Details:

Planning Reference number:

The site has planning (ref: S/1032/17/FL) with all conditions now discharged.

 

The S106 is signed and completed.

 

Mix:

 

Table Description automatically generated

 

 

                                                       

 

Contract type:

The developer has requested that the contract be a Development Sales Agreement type which, given that the units are 80% complete, is deemed appropriate.

 

 

Legal Advice: Freeth’s (Previously provided at Grace Crescent, Hardwick)

“We believe that either ownership or an option constitute such “exclusive rights”. It needs to be said, however, that cases do turn on their facts. We would also have to state that the Council should be able to demonstrate that in the case where it was letting a contract including development, that there is no reasonable alternative or substitute – ie there are not other similar convenient sites which could reasonably be regarded as being available for development, eg in terms of being for sale, zoning, access to services etc.

 

There are no other suitably sized permissioned sites in Castle Camps that are available for consideration currently.

 

Financial

Use of Right to Buy Receipt:

This scheme consists of 3 rented homes which allows the use of Right to Buy receipts totalling £165,237

 

Use of Commuted Sum:

This scheme consists of 1 shared ownership home which allows the use of commuted sum totalling £50,000

 

The scheme is value for money for the council. The offer and price per sq. m are commensurate with sums paid for recent council new build development schemes. In addition, a robust financial appraisal has been carried out and a commercially sensitive financial appendix is attached. The scheme has a Payback year within the business plan parameters.

Decision Maker: Lead Cabinet member for Housing

Decision published: 03/06/2021

Effective from: 11/06/2021

Decision:

  • To approve South Cambridgeshire District Council to enter into Heads of Terms followed thereafter by a JCT contract for the build of the 4 affordable homes and a land contract and transfer to purchase the site for the 4 affordable homes at Bartlow Road , Castle Camps.

 

  • To approve the sale of and grant of shared ownership leases up to a max 50% for the shared ownership properties with the option to staircase to 80%.

Wards affected: Linton;

Lead officer: Rob Dean


01/06/2021 - Appointments to Employment Committee, Cambridgeshire and Peterborough Combined Authority ref: 11624    Recommendations Approved

The purpose of this decision is to confirm that the Council’s representative to the Employment Committee of the Cambridgeshire and Peterborough Combined Authority will continue to be Councillor Bridget Smith. Councillor Neil Gough will be the Substitute Member.

 

The Combined Authority require confirmation of membership nominated by constituent authorities to its Scrutiny and Overview Committee and its Audit and Governance Committee. This decision is one which is taken by the Council at its annual meeting. The appointments to the remaining Combined Authority committees are the subject of decisions by the Leader, but are reported to the annual Council meeting. Due to an error on the part of officers, the appointment to the Employment Committee was not reported to the Council at its annual meeting. There is no change in the appointment, but for completeness, the decision to confirm the appointment has been taken by the Leader and will be reported to the next meeting of the Council. 

Decision Maker: Leader of Council

Decision published: 01/06/2021

Effective from: 09/06/2021

Decision:

To appoint Councillor Bridget Smith as the Council’s representative on the Combined Authority Employment Committee and Councillor Neil Gough as Substitute Member.

Lead officer: Rebecca Dobson


01/06/2021 - A428 DCO Relevant Representations ref: 11623    Recommendations Approved

Highways England have submitted their application for a Development Consent Order (DCO) for the A428 improvements between Black Cat and Caxton Gibbet.  As one of the initial formal stages of this process, interested parties are invited to submit relevant representations to the PlNS appointed examiner so that these matters can be considered in more detail as part of the examination.

 

South Cambridgeshire District Council has been working alongside Huntingdon District Council and Cambridge County Council in respect of the A428 project. The three authorities have been reviewing the A428 Black Cat to Caxton Gibbet DCO application and believe that discussion, further information, and changes to the application will be required in the areas set out in the attached response. This is based on the current understanding of the information and may be altered, added to or amended as the review continues and discussion with Highways England begins.

Decision Maker: Deputy Leader of the Council (Statutory)

Decision published: 01/06/2021

Effective from: 09/06/2021

Decision:

The relevant representations attached as part of this decision are an appropriate response to the details that have been submitted as part of the A428 Development Consent Order.

Wards affected: (All Wards);

Lead officer: Chenge Taruvinga


01/06/2021 - Foxton Neighbourhood Plan - Receipt of Examiners Report and Decision to Proceed to Referendum ref: 11622    Recommendations Approved

Purpose

 

1.    The purpose of this report is to consider the conclusions of the Examiner’s Report on the Foxton Neighbourhood Plan, and whether those conclusions should be acted upon and therefore that the Neighbourhood Plan should proceed to referendum. This includes considering whether the examiner’s recommended modifications to the Neighbourhood Plan should be made, and whether the Council agrees that the Neighbourhood Plan meets the Basic Conditions.

 

2.    Cabinet agreed at its meeting on 26 July 2018 that where the examiner has concluded that the Neighbourhood Plan is legally compliant, meets the Basic Conditions (with or without modifications), and should proceed to referendum, the Joint Director for Planning and Economic Development has delegated authority to make the decision on the way forward, in consultation with the Planning Lead Member.

 

Background

 

3.    The Foxton Neighbourhood Area was designated on 17 November 2015.

 

4.    Officers provided informal comments on earlier drafts of the Neighbourhood Plan ahead of the formal pre-submission consultation process and recognise the hard work that those on the steering group of the neighbourhood plan have put into preparing the Plan. This group has strived to ensure that the whole village had an opportunity to have an input into the final Plan.

 

5.    A Strategic Environmental Assessment (SEA) and Habitats Regulations Assessment (HRA) screening was undertaken on a draft version of the Neighbourhood Plan, and a screening determination was published in June 2019.

 

6.    Pre-submission public consultation on the draft Neighbourhood Plan was undertaken by the Parish Council from 15 May to 26 June 2019. Officers provided a formal response to the consultation, providing constructive comments about the Neighbourhood Plan to assist the neighbourhood plan group with finalising the Neighbourhood Plan. Officers have met with the steering group to discuss how these comments and the current submitted Plan has taken most of them into account. The parish has taken their plan forward in a positive way.

 

7.    On 10 February 2020, Foxton Parish Council submitted their Neighbourhood Plan to SCDC. Officers have confirmed, as set out in the Legal Compliance Check for the Neighbourhood Plan that the submitted version of the Neighbourhood Plan and its accompanying supporting documents comply with all the relevant statutory requirements at this stage of plan making. Public consultation on the submitted Neighbourhood Plan was begun on 10 March 2020. However, this consultation had to be suspended due to the onset of the Covid-19 pandemic and the restrictions this imposed on how we could meet the national regulatory requirements regarding neighbourhood plan consultations.

 

8.    As the impact of the Covid-19 pandemic continued into the autumn of 2020 we had to consider how we could adapt our public consultations on neighbourhood plans to ensure everyone’s safety whilst still complying with then current national regulations. To ensure this we decided that anyone wishing to inspect a hard copy of neighbourhood plan documents out for consultation would be able to request a copy by contacting the Planning Policy Team.  Our Statement of Community Involvement was updated to reflect this change in how we make documents available to the public for inspection. We therefore were able to resume the consultation on the Foxton Neighbourhood Plan from 12 January until 23 February 2021.

 

9.    Officers, in conjunction with Foxton Parish Council, appointed an independent examiner to consider this Neighbourhood Plan. The examiner appointed to undertake the examination of a Neighbourhood Plan: must be independent of both the District Council and Parish Council; cannot be the same examiner that undertakes a health check of the Neighbourhood Plan; and must not have any interest in any land that may be affected by the Neighbourhood Plan. The examiner appointed was Andrew Freeman of Intelligent Plans and Examinations (IPe)  On 24 February 2021 the Neighbourhood Plan , its accompanying supporting documents and all comments submitted during the public consultation on the submission version of the Neighbourhood Plan were  provided to the examiner with a request for him to carry out the examination on the Neighbourhood Plan. .

 

10.  The examiner issued a clarification note on 2 March which both SCDC and the Parish Council responded to by 12 March 2021.

 

11. The Examiner’s Report was received on 20 April 2021 (see Appendix 1). The examiner in his report concludes that subject to a series of recommended modifications the Foxton Neighbourhood Plan meets all the necessary legal requirements and should proceed to referendum. He also recommends that the referendum should be held within the neighbourhood area only.

 

12. Now that the Examiner’s Report has been received, the Council is required to consider the conclusions of the Examiner’s Report, and whether those conclusions should be acted upon and therefore that the Neighbourhood Plan should proceed to referendum. This includes considering whether the examiner’s recommended modifications to the Neighbourhood Plan should be made, and whether the Council agrees that the Neighbourhood Plan meets the Basic Conditions. The Council must publish its decision in a decision statement.

 

Considerations

 

13. Where an examiner has concluded that the Neighbourhood Plan meets the Basic Conditions (with or without modifications) and is legally compliant, and therefore that the Neighbourhood Plan should proceed to referendum, the Council has limited options in how to respond. The options are as follows:

 

Option 1: Act upon the conclusions in the Examiner’s Report, including making any recommended modifications to the Neighbourhood Plan, and proceed to referendum, provided that the Council confirms that the Basic Conditions have been met.

 

Option 2: Take a decision substantially different from the Examiner’s conclusions, wholly or partly as a result of new evidence or fact, or a different view is taken by the Council as to a particular fact, including that the Council is unable to confirm that the Basic Conditions have been met.

14. National regulations require the Council to make a decision on the Examiner’s Report and whether the Neighbourhood Plan should proceed to referendum within 5 weeks of receipt of the report (unless an alternative longer timescale is agreed with the Parish Council). Officers have been working with the Parish Council and a slightly longer timescale has been agreed to ensure that there is agreement between the two councils to all the proposed changes that are included in the referendum version of the plan.

 

15. Officers have concluded that Option 1 should be followed for the reasons set out in the following paragraphs of this decision statement. Officers agree with the examiner’s conclusions, including his recommended modifications to the Neighbourhood Plan, and agree that the Neighbourhood Plan should proceed to referendum.

 

a. Meeting the Basic Conditions and Legal Requirements

 

16. To successfully proceed through its examination to a referendum, a Neighbourhood Plan must meet a number of tests known as the ‘Basic Conditions’. The Basic Conditions are set out in national planning regulations and are summarised as follows:

·         having regard to national policies and advice contained in guidance issued by the Secretary of State it is appropriate to make the Neighbourhood Plan.

·         the making of the Neighbourhood Plan contributes to the achievement of sustainable development.

·         the Neighbourhood Plan is in general conformity with the strategic policies contained in the development plan for the area.

·         the making of the Neighbourhood Plan does not breach, and is otherwise compatible with, EU obligations; and

·         prescribed conditions are met in relation to the Neighbourhood Plan, including that the making of the neighbourhood plan is not likely to have a significant effect on a European wildlife site or a European offshore marine site either alone or in combination with other plans or projects.

 

The Council’s Neighbourhood Planning Toolkit includes Guidance Note 11 (What are the Basic Conditions and How to Meet Them), which sets out further details on each of the Basic Conditions. 

 

17. To proceed to a referendum, a Neighbourhood Plan must also meet a number of legal requirements, such as whether the Neighbourhood Plan has been prepared by a qualifying body and meets the definition and scope of a Neighbourhood Plan.

 

18. The examiner concludes in the Main Findings - Executive Summary (page 4 of his report) and chapter 4 of his report (pages 10-16) that subject to a series of recommended modifications the Foxton Neighbourhood Plan meets the Basic Conditions and all the necessary legal requirements – see paragraph 4.44 of his report.  The examiner’s recommended modifications do not fundamentally change the role or purpose of the Neighbourhood Plan; they have been recommended by the examiner to provide clarity and precision.

 

19. Officers, in conjunction Foxton Parish Council, have reviewed the examiner’s conclusions and recommended modifications, and officers and the Parish Council have agreed each of the recommended modifications considered necessary by the examiner for the Neighbourhood Plan to meet the Basic Conditions. A ‘Referendum’ version of the Foxton Neighbourhood Plan has been prepared including these modifications (see Appendix 2).

 

20. Additional non-material modifications to the Neighbourhood Plan have also been prepared by officers and agreed with Foxton Parish Council, and these additional modifications are also included in the ‘Referendum’ version of the Neighbourhood Plan (see Appendix 2). These modifications have been made in accordance with guidance set out in national planning guidance[1] which states that minor (non-material) updates to a Neighbourhood Plan that would not materially affect the policies in the plan can be made by the District Council at any time, provided they have the consent of the Parish Council, and that these modifications can be made without the need for consultation or examination.

 

21. In summary, these additional non-material modifications include the following:

·         Updates to Chapters 1 to reflect current stage of the Neighbourhood Plan

·         Updates to Chapter 2 and 6 to reflect current planning permissions for housing since the plan was submitted to SCDC

·         Updates in Chapters 3 and 10 to reflect the latest progress on both the government’s East West rail link proposals and GCP’s travel hub and how these impact Foxton.

·         Chapter 5 now includes mention that there is a designated County Wildlife Site on the edge of the parish and corrects supporting text to Policy FOX/7

·         Updates to Chapter 13 to show progress of community actions that have taken place since the plan was submitted to SCDC. 

   

22. Officers have undertaken a Basic Conditions and Legal Compliance check of the  ‘Referendum’ version of the Neighbourhood Plan (see Appendix 3) and consider that the Neighbourhood Plan meets all the requirements.

 

23. As the modifications made to the Foxton Neighbourhood Plan do not change the essence of its planning policies, the SEA and HRA screening undertaken on a draft version of the Neighbourhood Plan in April 2019, and the screening determination published in June 2019 (amended in December 2019) remain valid.

 

b. Referendum

 

24. The examiner concludes in the Executive Summary and Chapter 4 of his report that, subject to the incorporation of his recommended modifications, the Neighbourhood Plan should proceed to referendum. He also concludes that it is appropriate for the referendum area to be the neighbourhood area designated by SCDC in November 2015.

 

25. The examiner’s conclusions on the referendum area are consistent with that proposed by the Council in its response on the submission version of the Neighbourhood Plan agreed by the Lead Cabinet Member for Planning in February 2021. Therefore as it has been demonstrated by officers that the ‘Referendum’ version of the Foxton Neighbourhood Plan meets all the legislative requirements, officers concur with the examiner that the Neighbourhood Plan should proceed to referendum and that the referendum area should be the neighbourhood area. 

 

Next Steps

 

26.There were changes made to the national regulations about neighbourhood plans and referendums by the government due to the Covid19 pandemic which stated that referendums could not take place on a neighbourhood plan until 6 May 2021. As this date has now passed SCDC will be able to proceed to referendum with the Foxton Neighbourhood Plan. The regulations state that a referendum should take place within 56 working days of the day after the publication of this decision statement. And therefore, SCDC will proceed to set a date for the referendum once this statement is published.  Once the neighbourhood plan is allowed to proceed to referendum the national regulations revised due to Covid19 pandemic state that a plan can be given significant weight in determining planning applications in the area.

 

27. If a Neighbourhood Plan is successful at referendum, the Neighbourhood Plan becomes part of the development plan for the area[2], although the formal ‘making’ of the Neighbourhood Plan will not happen until SCDC’s full Council are asked to do this at their next meeting following the referendum.

 

Implications

 

28.In the writing of this report, taking into account financial, legal, staffing, risk management, equality and diversity, climate change, community safety and any other key issues, the following implications have been considered:

 

29.Financial: the costs of the examination and referendum have to be initially met by SCDC. However, the Council can claim a £20,000 government grant per Neighbourhood Plan once a plan has been successfully through the examination and the Council has set a date for the referendum.

 

30.Legal: where the examiner has concluded that the Neighbourhood Plan is legally compliant, meets the Basic Conditions (with or without modifications), and should proceed to referendum, the Joint Director for Planning and Economic Development has delegated authority to make the decision on the way forward, in consultation with the Planning Lead Member (as agreed by Cabinet at its meeting on 26 July 2018). National regulations and planning guidance for Neighbourhood Plans require that the Council considers the conclusions of the Examiner’s Report, and whether those conclusions should be acted upon and therefore that the Neighbourhood Plan should proceed to referendum. This includes considering whether the examiner’s recommended modifications to the Neighbourhood Plan should be made, and whether the Council agrees that the Neighbourhood Plan meets the Basic Conditions. The Council’s decision must be published in a decision statement.

 

31. Staffing: the responsibilities associated with delivering neighbourhood planning are being undertaken within the existing resources of the Planning Policy Team, drawing upon the expertise of other staff as required.

 

32. Equality and Diversity: these issues have been considered in the preparation of the Neighbourhood Plan, as to meet the Basic Conditions a Neighbourhood Plan must not breach, and is otherwise compatible with, EU obligations, including Human Rights. Included as part of the Basic Conditions Statement an assessment has been undertaken by Foxton Parish Council to examine the impact of the Neighbourhood Plan on persons who have a ‘protected characteristic’ and this assessment concludes that the Neighbourhood Plan will not result in negative effects on persons who have a ‘protected characteristic’ and that there may be positive impacts on persons with a ‘protected characteristic’.  See pages 13 - 15 paragraphs 6.3 – 6.5 and Table 4 https://www.scambs.gov.uk/media/14580/foxton-np-basic-conditions-statementfinal-130120.pdf The examiner has agreed with this assessment ( see paragraph 3.11 of his report page10.

 



[1] National Planning Practice Guidance, Paragraph 085, Reference ID: 41-085-20180222

[2] National Planning Practice Guidance, Paragraph: 064, Reference ID: 41-064-20170728

Decision Maker: Joint Director for Planning and Economic Development

Decision published: 01/06/2021

Effective from: 01/06/2021

Decision:

That the Joint Director for Planning and Economic Development, having consulted with the Planning Lead Member, agrees:

a.    that South Cambridgeshire District Council should act upon the conclusions in the Examiner’s Report on the Foxton Neighbourhood Plan (see Appendix 1) and that the Neighbourhood Plan should proceed to a referendum as set out by the national regulations.

b.    the ‘referendum’ version of the Foxton Neighbourhood Plan (as set out in Appendix 2);

c.    the ‘referendum’ version of the Foxton Plan be given significant weight in decision making and that the area for the referendum should be the Neighbourhood Area

Wards affected: Foxton;

Lead officer: Alison Talkington