Agenda and minutes

An apology for absence was received on behalf of Councillor R. J. Laight.

The following declarations of interest were made:

Member                                 Application                Nature of Interest

Cllr. Mrs.S.J.Baxter              12/0435-DK               Disclosable Pecuniary interest – employee of the Applicant.  Cllr. Baxter left the room and took no part in its consideration and voting thereon.

Cllr Mrs H.J. Jones              12/0586-DMB           Disclosable Pecuniary interest – lives adjacent to the application site. 

                                                                                    Cllr. Jones left the room and took no part in its consideration and voting thereon.

Cllr. J.S. Brogan                   12/0586-DMB           Pre-determined in the matter.  

                                                                                    Cllr. Brogan left the room and, other than returning to speak in his capacity as Ward Councillor and withdrawing again in accordance with the Council’s public speaking rules, took no part in its consideration and voting thereon.

Cllr J.S. Brogan                    12/0571-LA               Other disclosable interest –

                                                                                    Personally acquainted with Applicant.

Cllr. R. A. Clarke                                                      12/0571-LA   Other disclosable interest -

                                                                                    Personally aquainted with the Applicant. 

Cllr. R.J. Deeming               12/0571-LA               Other disclosable interest -

                                                                                    Personal acquainted with the Applicant.

                              .

Cllr. Mrs H.J.Jones              12/0571-LA               Other disclosable interest -

                                                                                    Personally acquainted with the Applicant.

Cllr. P. Lammas                   12/0571-LA               Other disclosable interest -

                                                                                    Personally acquainted with the Applicant.

Cllr. J. A. Ruck                      12/0571-LA               Other disclosable interest -

                                                                                    Personally acquainted with the Applicant.

Cllr. C. J. Tidmarsh              12/0571-LA               Other disclosable interest -

                                                                                    Personally acquainted with the Applicant.

Cllr. P. J. Whittaker              12/0411-HR              Other disclosable interest -

                                                                                    Personally acquainted with the Applicant.

The minutes of the meeting of the Planning Committee held on 23^rd July 2012 were submitted.

RESOLVED that the minutes be approved as a correct record.

This matter was withdrawn from the Agenda at the request of the Applicant and was not discussed.

At the invitation of the Chairman Lady Sarah Gauntlett-Shay addressed the Committee on behalf of the Applicant.

Consideration was then given to the application, which had been recommended for refusal by the Head of Planning and Regeneration Services.  However, on the matter being put to the vote, Members considered that:

“the Village Envelope setting of the building”

constituted very special circumstances to outweigh the harm that would be caused to the openness of the Green Belt. 

RESOLVED that Planning Permission be granted for the reasons set out above, subject to any reasonable conditions and notes considered necessary by the Head of Planning and Regeneration Services.

Officers confirmed that, in terms of measuring against the recently introduced National Planning Policy Framework, as there had been no significant policy changes, the existing Outline Planning Permission (2009/0136) was still considered to be acceptable.   

RESOLVED that authority be delegated to the Head of Planning and Regeneration Services to determine the Outline Planning Application, subject to receipt of a suitable and satisfactory legal mechanism in relation to the provision of a cycle access and the conditions and informatives set out or referred to on Pages 24 to 30 of the report.

The Head of Planning and Regeneration Services clarified that the application before Members was a revised version of a previously submitted Planning Application that had been withdrawn. 

RESOLVED that Planning Permission be granted, subject to the conditions and notes set out or referred to on Pages 34 and 35 of the report.

The Head of Planning and Regeneration Services clarified a number of points in relation to the differences between the application being considered and the previously approved Planning Permission, particularly in regard to the boundary line between the application site and the neighbouring property and the position and type of various windows. 

RESOLVED that Planning Permission be granted, subject to the conditions and notes set out or referred to on Pages 44 and 45 of the report but with  Condition 5 being altered to include the wording “top hinged” in relation to the windows, in order to prevent any adverse overlooking issues.

The Head of Planning and Regeneration Services reported on late comments received from Stoke Parish Council. 

RESOLVED that Listed Building Consent be granted subject to the conditions and notes set out or referred to on Pages 48 to 49 of the report.

The Head of Planning and Regeneration Services provided updates in relation to proposals received to alter the house types to Plots 21 and 22; amended site plans received relating to the relocation of Plot 21; and further additional views received from local residents and the Catshill Marshes Action Group. 

Members were also advised that, pending the Committee’s decision on the application before them, the Applicant had lodged an appeal with the Planning Inspectorate for a public inquiry in respect of the Council’s decision to refuse Reserved Matters Application 2012/0066.

For purposes of clarity, Mr. S. Hawley, Highways Officer, also briefly outlined the process in which the Highways Authority had been consulted on and involved in the proposals for the application site by the Applicant.

At the invitation of the Chairman, Miss A. Garth, on behalf of Catshill Marshes Action Group and Mr. F. Cook, representing Catshill & North Marlbrook Parish Council, addressed the Committee as objectors to the Application.  Mr M. Payne, Architect for the Application, also addressed the Committee.  Cllr J.S. Brogan also spoke in his capacity as one of the Ward Members for the area in which the application site was located.

RESOLVED that Reserved Planning Permission be granted, subject to the Conditions and Notes set out or referred to on Pages 69 and 70 of the report.

The Committee gave consideration to a report which referred to several planning appeal decisions which had recently been received.

RESOLVED that the report, and accompanying appendices, be noted.

"RESOLVED: that under Section 100 I of the Local Government Act 1972, as amended, the public be excluded from the meeting during the consideration of the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Part I of Schedule 12A to the Act, as amended, the relevant paragraph of that part, in each case, being as set out below, and that it is in the public interest to do so:-

RESOLVED that under Section 100 1 of the Local Government Act 1972, as amended, the public be excluded from the meeting during the consideration of an item of business on the grounds that it involves the likely disclosure of ‘exempt information’ as defined in Part 1 of Schedule 12A to the Act, as amended, the relevant paragraph of that part being as set out below, and that it is in the public interest to do so:

            Minute            Paragraph

            43/12              2 and 7   

Consideration was given to a report which outlined a breach of planning control with a view to seeking guidance from the Committee as to what course of action, if any, they wished Officers to take to remedy the planning issues arising.

RESOLVED that a decision on whether or not to instigate enforcement action be deferred to allow the Head of Planning and Regeneration Services to write to the Applicant inviting them to submit a Planning Application to vary their planning permission, the outcomes of which to be reported back to the Committee as soon as possible.