Agenda and minutes

RESOLVED that Councillor E. C. Tibby be elected Chairman of the Committee for the ensuing municipal year.

RESOLVED that Councillor G. N. Denaro be elected Vice-Chairman of the Committee for the ensuing municipal year.

No apologies for absence were received.

The following declarations of interest were made:-

The minutes of the meeting of the Planning Committee held on 19th April 2010 were submitted.

RESOLVED that the minutes be approved as a correct record.

RESOLVED that permission be granted subject to the conditions and notes set out or referred to on pages 12 to 14 of the report.

The Head of Planning and Regeneration Services informed Members of the Committee of the "Greater Flexibility for Planning Permissions: Guidance" (published November 2009) which related to this application.  In addition, she reported the comments of the Environmental Health Officer, in respect of the Air Quality Management Area, together with the comments of the Contaminated Land Officer.

Furthermore, the Head of Planning and Regeneration Services stated that a revised Flood Risk Assessment was currently awaiting approval by the Environment Agency.

At the invitation of the Chairman, Mr. Simon Hawley addressed the Committee and spoke on behalf of the applicant in support of the application.  Councillor S. P. Shannon also addressed the Committee in his capacity as one of the Ward Members for the area in which the application site was located.

RESOLVED

(1)       that the application be referred to the Government Office for the West Midlands under the "departure" procedure; and

(2)       that, in the event that the application is not "called-in" by the Government Office for the West Midlands, permission to approve the application be delegated to the Head of Planning and Regeneration subject to:

(a)       the receipt of satisfactory comments from the Environment Agency and any reasonable conditions and / or notes which may be specified therein;

(b)       the satisfactory completion of an agreement under Section 106 of the Town and Country Planning Act 1990, as amended, in respect of financial contributions relating to:

(i)         the resurfacing of Sherwood Road;

(ii)        a traffic light signal upgrade at the A.38 / Stoke Road / Charford Road junction;

(iii)       bus shelter improvements in the immediate locality; and

(c)        the imposition of the same conditions attached to the previous planning permission reference B/2005/0293.

The Head of Planning and Regeneration Services reported the receipt of an addition 58 letters in respect of the application which, in total amounted to 542 letters objecting to the proposals and one letter in support.  She also reported that the applicant's agents had been addressing issues relating to the submission of a planning obligation by agreement under Section 106 of the Town and Country Planning Act 1990 for monetary contributions in respect of affordable housing, transport and highway considerations.

At the invitation of the Chairman, Mr. M. Jones addressed the Committee on behalf of the Stoke Prior Residents' Association and spoke in opposition to the proposed development whilst Mr. H. Richards spoke in support of the proposals on behalf of Bromsgrove District Housing Trust.  On behalf of Stoke Parish Council, Mr. P. Thomas also addressed the Committee and expressed the parish council's views on the application.

Consideration was then given to the application which had been recommended for refusal by the Head of Planning and Regeneration Services.  Members initially considered whether the site could be considered as a 'rural exception site' to allow for the development of affordable housing under policy S16 of the Bromsgrove District Local Plan.  Following the preliminary discussions, the Committee decided that it was not a rural exception site.

The Committee then examined the various issues arising from the proposals, as detailed in the report with particular reference as to whether the proposals amounted to inappropriate development within the Green Belt and whether the 'very special circumstances' put forward by the applicant to overcome the presumption against development in the Green Belt.

Therefore, having regard to this, and the material considerations and other issues referred to in the report, it was

RESOLVED that permission be refused for the reasons set out on pages 48 and 49 of the report.

The Head of Planning and Regeneration Services stated that the description of the development had been revised so as to read as follows: "Proposed eight court sports hall, fitness suite, sports teaching pavilion, changing room extension, boarding accommodation, gatehouse, associated car parking and external works (as augmented by revised Site Plan 2514-23-Z received 13.05.2010)".  She also reported the comments of the Woodland Officer and Worcestershire Highways, together with an update for the Committee in respect of issues relating to residential amenity and the withdrawal of several objections by adjacent occupiers to the proposals which had previously been received.

At the invitation of the Chairman, Mr. M. Chinner spoke on behalf of a number of local residents in support of the application and praised the way in which it had been dealt with by the applicant, the architect and the Council's Development Control Section.

RESOLVED that permission be granted subject to the following conditions, and notes:-

1.         C001 Standard time - three years.

2.         The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans 2514-21, 23-Z, 24-E, 25-E, 26-E, 28-B, 32-F, 33-E and 34-D, and 2571-003-S, 004-Q, 005-L and 007E unless minor alterations are submitted to and approved in writing by the Local Planning Authority.

Reason: To define the permission and in order to secure the satisfactory appearance of the development in accordance with policy CTC.1 of the Worcestershire County Structure Plan 2001 and policy DS13 of the Bromsgrove District Local Plan.

3.         C003 Materials to be submitted

4.         Prior to the commencement of the hereby approved development, or within 6 months of commencement, a Community Use Scheme shall be submitted to and approved in writing by the Local Planning Authority. The Scheme shall include details of pricing policy, hours or use, access by non-school users / non-members, management responsibilities, security arrangements and a mechanism for review.  The approved development shall not be used other than in accordance with the approved Scheme, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To secure well managed safe community access to the sports facility, to ensure sufficient benefit to the development of sport and to accord with PPG17 (paragraph 15, point 4) and policies S31 and S32 of the Bromsgrove District Local Plan.

5.         The disposal of storm water shall be by means approved by the Local Planning Authority.  The approved system shall be operational before building works commence, other than those works required for the approved drainage system.  Balancing will be required in accordance with the Environment Agency policy.  There is no Public Surface Water Sewer and no surface water will be allowed to discharge to the foul water sewer.

Reason: To ensure that the development is provided with a satisfactory means of drainage and to reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution.

6.         The disposal of foul sewage shall be to the public foul  ...  view the full minutes text for item 9.

At the invitation of the Chairman, Mr. R. Jones addressed the Committee whilst Mr. P. Sehdeva spoke in support of the application on behalf of the applicant.  Councillor Mrs. M. A. Sherrey JP also addressed the Committee in her capacity as one of the Ward Members for the area in which the application site was located.

RESOLVED that consideration of the application be deferred in order that further information may be presented to the Committee at a future meeting in respect of the floorspace / volume increase of the proposals over that of the original dwelling and related information concerning previous applications.

The Head of Planning and Regeneration Services reported that the description of the proposed development should be revised so as to read "The proposal is for an extension of time for permission B/2005/0265 for the erection of two No. B1/B2/B8 units with ancillary car parking and servicing areas," and that all references in the report to the previous planning permission should state B/2005/0265.

RESOLVED that permission be granted subject to the conditions and notes set out or referred to on pages 77 to 80 of the report, together with the following additional condition:-

30.       The permission hereby approved shall be carried out in strict accordance with the details approved for conditions 3, 4, 18, 21, 22, 23 and 26 attached to planning permission reference B/2005/0265 (Details Ref.: DLD/HLF/7212/RB32, received 18th July 2005 and Ref.: DLD/DLD/7212/RB34, received 6th August 2005).

The Head of Planning and Regeneration Services reported an amendment to the final paragraph of her report so that the penultimate sentence in the last paragraph on page 83 of the report, under the "Assessment" heading read "Therefore, a three year consent is appropriate."

RESOLVED that permission be granted subject to the conditions and notes set out or referred to on pages 83 and 84 of the report, but with the following amendment to condition no. 1:-

1.         C1 (Three years)

The Head of Planning and Regeneration Services reported the receipt of comments from Worcestershire Highways, Beoley Parish Council and the Economic Development Officer, together with additional information received from the applicant's agent.  She also clarified the legal status in respect of the 'hardstanding' area.

At the invitation of the Chairman, Lady S. Gauntlett-Shea addressed the meeting and spoke in support of the application on behalf of the applicant.

Consideration was then given to the application, the original recommendation for which was to delegate authority to the Head of Planning and Regeneration Services refuse planning permission.  However, based upon the updated information reported at the meeting, the Head of Planning and Regeneration Services considered that the additional information submitted by the applicant's agent, and the favourable comments of Worcestershire Highways, were sufficient to warrant an amendment to the recommendation to one of approval of the application.

RESOLVED that authority to approve permission be delegated to the Head of Planning and Regeneration Services upon the expiry of the publicity period on 18th May 2010, subject to:-

(a)       the receipt of an accurate and satisfactory site plan;

(b)       the imposition of appropriately-worded conditions relating to -

(i)         the use of the hardstanding to ensure that it is not used for the parking of vehicles (including overnight parking) and / or the storage of other items/materials; and

(ii)        the area being clearly marked as a turning area.

The Head of Planning and Regeneration Services reported that a Flood Risk Assessment had been received prior to the commencement of the meeting which would need to be considered by the Environment Agency before a decision could be made on the application.

RESOLVED that consideration of the application be deferred in order for the comments of the Environment Agency to be taken into account before a decision may be made.

"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 items of business on the grounds that they involve 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 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 paragraphs of that part being as set out below, and that it is in the public interest to do so:-

Consideration was given to a report which outlined a reported breach of planning control.  The Head of Planning and Regeneration Services gave a verbal update in respect of the current situation at the site referred to in the report.

However, in view of the changing nature of activities at the site, together with the length of time some of the operations had been ongoing, it was

RESOLVED that consideration of taking enforcement action be deferred in order that further investigations be undertaken in respect of the alleged unauthorised uses of the site.