Decisions

Decisions published

27/07/2020 - Waiver of Local Land Charge relating to Disabled Facilities Grants ref: 11402    Recommendations Approved

The purpose of this decision is to consider the waiver of local land charges which are registered against properties where a Disabled Facilities Grant has been awarded.

 

Since 1990, local housing authorities have been under a statutory duty to provide grant aid to disabled people for a range of adaptations to their homes.  This grant aid is means tested for adults (not for children), with maximum grants of up to £30,000.  

 

Under the Housing Grants, Construction and Regeneration Act 1996: Disabled Facilities Grant (Conditions relating to approval or payment of Grant) General Consent 2008, the Council can place a limited charge against owner occupied properties in order to recoup costs over £5,000, with a maximum charge of £10,000.  The charge is repayable upon disposal of the property (sale, assignment or transfer) within 10 years of the certified date. 

 

The legislation states that a local authority must consider the following before it can demand repayment:

 

i)          the extent to which the recipient of the grant would suffer financial hardship were he to be required to repay all or any of the grant;

 

(ii)        whether the disposal of the premises is to enable the recipient of the grant to take up employment, or to change the location of his employment;

 

(iii)       whether the disposal is made for reasons connected with the physical or mental health or well being of the recipient of the grant or of a disabled occupant of the premises; and

 

(iv)      whether the disposal is made to enable the recipient of the grant to live with, or near, any person who is disabled or infirm and in need of care, which the recipient of the grant is intending to provide, or who is intending to provide care of which the recipient of the grant is in need by reason of disability or infirmity

 

             is satisfied that it is reasonable in all the circumstances to require the repayment.

 

The Lead Cabinet Member for Housing is asked to consider whether it is appropriate to waiver the local land charge in respect of the application received.

Decision Maker: Lead Cabinet member for Housing

Decision published: 30/07/2020

Effective from: 07/08/2020

Decision:

To approve the request to waiver the local land charge of £6,959.14.

Wards affected: (All Wards);

Lead officer: Julie Fletcher


17/07/2020 - A428 Supplementary Consultation Response ref: 11403    Recommendations Approved

The consultation is an opportunity for the Council to express its views on the main changes made to the scheme in response to feedback from the consultation last year, further design development and environmental assessments. These changes are a combination of refinements to the design, methods of construction and changes to the use and extent of the land we need to build, maintain and operate the road. Of particular relevance to South Cambs is the new borrow pits at Caxton Gibbet to the NE and NW of the junction.

Decision Maker: Deputy Leader of the Council (Statutory)

Decision published: 29/07/2020

Effective from: 06/08/2020

Decision:

No Objection subject to recommendations set out in the body of the attached letter.

Wards affected: Cambourne; Caxton & Papworth;

Lead officer: Christopher Carter


23/07/2020 - Part 1 of the Business and Planning Act 2020 relating to Pavement Licenses and the power to determine applications, including the setting of fees, having regard to the Scheme of Delegation in Part 3, Table 7 of the Constitution (and in particular, pa ref: 11401    Recommendations Approved

To provide openness and transparency in the exercise of new non-executive functions under the Business and Planning Act 2020 relating to Pavement Licenses.

 

To provide a clear delegation of authority for officers to determine applications under Section 1 of the Act.

 

This is a non-executive function, and the recommendation is to delegate it to an officer to determine the licence if representations are received.

 

The Business and Planning Act 2020 comes into force on Thursday 23rd July 2020 and is intended to make provision relating to the promotion of economic recovery and growth following the Covid-19 pandemic. It introduces a streamlined and cheaper route for businesses such as cafes, restaurants, and bars to secure a licence to place furniture on the highway. This will support them to operate safely while social distancing measures remain in place. This will provide much needed income over the summer months and protect as many hospitality jobs as possible.

 

Any licence is issued for a minimum of 3 months and a maximum of 12 months. All licenses will expire by law at the end of 30 September 2021.

 

The Council must determine any application within 10 working days following a 5 working day consultation with the County Council Highways Authority as a statutory consultee.  Further consultees will be The Police, The Fire Service, Environmental Health and Local Parish Councils and the public.  Failure to determine the licence within the above timescale will deem the licence granted.

 

There is no statutory appeals process and as such there is no right of appeal against the refusal or revocation of a licence although the Council can introduce such a process.

 

It is not proposed to charge a fee for this licence.

 

A licence can be granted subject to such conditions as the District Council considers reasonable. The current County Council Licensing Conditions have been reviewed and incorporated into these conditions. 

 

It is a national condition of any licence that clear routes of access along the highway must be maintained, taking into account the needs of disabled people, and the recommended minimum footway widths and distances required for access by mobility impaired and visually impaired people as set out in Section 3.1 of Inclusive Mobility.

 

Please see Appendix A for The Policy which also includes the application form, site notice Template for display by an applicant and Appendix B for the proposed conditions.

Decision Maker: Chief Executive

Decision published: 24/07/2020

Effective from: 23/07/2020

Decision:

To Authorise Licensing Officers to determine applications and fee under Part 1 of The Business and Planning Act 2020 which enables the District Council to issue Pavement Licences to pubs and other businesses selling food or drink for consumption on or off the premises. A licence permits the business to use furniture placed on the highway to sell or serve food or drink and/or allow it to be used by people for consumption of food or drink supplied from, or in connection with the use of the premises.

In order to formalise arrangements for  carrying  out this function the Chief Executive, has made this decision in exercise of the emergency delegation in paragraph 4.4 of the Scheme of Delegation in Part 7 of the Constitution and after consultation with the Leader of the Council.

Wards affected: (All Wards);

Lead officer: Jennifer Holah


22/07/2020 - TPO 0002 (1978) - Caxton (Land at Bourn Road) ref: 11400    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 22/07/2020 - Planning Committee

Decision published: 23/07/2020

Effective from: 22/07/2020

Decision:

By affirmation, the Committee approved the issue and service of a provisional Tree Preservation Order on land at Bourn Road, Caxton as set out in the report from the Joint Director of Planning and Economic Development.


22/07/2020 - S/2011/14/OL - Longstanton / Oakington (Land to the East of the B1050 and Longstanton West of the Cambridgeshire Guided Busway (CGB) and North of Oakington) ref: 11398    For Determination

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

Decision Maker: Planning Committee

Made at meeting: 22/07/2020 - Planning Committee

Decision published: 23/07/2020

Effective from: 22/07/2020

Decision:

By affirmation, the Committee authorised officers to vary the Legal Agreement

under Section 106 of the Town and Country Planning Act 1990 to revise

triggers ensuring delivery of the re-prioritised infrastructure set out at

Appendix 2 to the report from the Joint Director of Planning and Economic

Development and that the proposed elements thus falling outside

the cost cap would need to be delivered through alternative funding. The

Committee also varied the Section 106 Agreement to reflect the approved

delivery strategy, specifically:

 

·       Revision of Part 8 Clause 1.1(a) to deliver the Western Sports Hub reverting from 2,000 dwellings across Phase 1 and Phase 2 to 3,300 dwellings across Phase 2. This would deliver this element in accordance with the approved Phase 2 Phasing Strategy.

 

·       Revision of Part 8 Clause 1.2 The trigger for the town park to 1,500 dwellings across Phase 2. The play equipment within the town park would be delivered and be available for use by residents at the existing trigger. It would also be necessary to ensure that any damage to the play equipment be kept under review during the construction process and appropriate maintenance be undertaken as appropriate. This is in accordance with the Healthy Living Youth and Play Strategy.

 

·       Payment of about £3.2 million (with indexation) being brought forward from 2,500 dwellings across Phases 1 and 2 to 450 occupations within Phase 2 so that this reflects the delivery and completion of the Education Campus.

Wards affected: Longstanton;


22/07/2020 - S/0123/20/FL - Willingham (130 Rampton Road) ref: 11399    For Determination

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

Decision Maker: Planning Committee

Made at meeting: 22/07/2020 - Planning Committee

Decision published: 23/07/2020

Effective from: 22/07/2020

Decision:

Councillor Pippa Heylings proposed that Condition 19 be expanded to relate also to visual and neighbour amenity. This was seconded by Councillor Anna Bradnam and, upon a roll call being taken, the Committee accepted the amendment by eight votes to one with two abstentions.

 

(Councillors John Batchelor, Bradnam, Cahn, Fane, Hawkins, Heylings, Rippeth, and Heather Williams voted in favour. Councillor Roberts voted against. Councillors Richard Williams and Wright abstained.)

 

By eight votes to three, the Committee deferred the application to allow the Senior Planning Lawyer to consider the legal arguments made, and verdict reached, in the case of Mansell v Tonbridge and Malling Borough Council and thus be able to advise the Committee fully, and to enable Planning officers to explore the feasibility of conducting a Member site visit.

 

(Councillors Bradnam, Hawkins, Heylings, Rippeth, Roberts, Heather Williams, Richard Williams, and Wright voted for deferral. Councillors John Batchelor, Cagn and Fane voted against.)

Wards affected: Willingham & Over;


22/07/2020 - S/4532/19/FL - Impington (The Meadows Community Centre, 1 St Catharines Road) ** Withdrawn from this agenda ** ref: 11397    

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

 

Decision Maker: Planning Committee

Made at meeting: 22/07/2020 - Planning Committee

Decision published: 23/07/2020

Effective from: 22/07/2020

Decision:

Upon Councillor John Batchelor’s proposal, seconded by Councillor Pippa Heylings, and by affirmation, the Committee withdrew this application from the agenda noting that a report would shortly be presented for determination by a Joint Committee consisting of Councillors from Cambridge City Council and South Cambridgeshire District Council,

Wards affected: Histon & Impington;


14/07/2020 - From Councillor Judith Rippeth ref: 11396    Recommendations Approved

Decision Maker: Council

Made at meeting: 14/07/2020 - Council

Decision published: 20/07/2020

Effective from: 14/07/2020