Agenda and minutes
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Apologies Minutes: Apologies for absence were received from Councillors M. T. Buxton, C. A. Hotham, M.A. Sherrey and S.P. Shannon, with Councillor L. J. Turner present as substitute for Councillor C. A. Hotham, Councillor M. Glass present as substitute for Councillor M. A. Sherrey and Councillor M. Thompson present as substitute for Councillor S. P. Shannon. |
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Declarations of Interest To invite Councillors to declare any Disclosable Pecuniary Interests or Other Disclosable Interests they may have in items on the agenda, and to confirm the nature of those interests. Minutes: Councillor S. J. Baxter, declared an Other Disclosable Interest in Agenda Item 7 (Application 18/01226/FUL – Thornborough Farm, Redhill Road, Kings Norton, Birmingham, Worcestershire, B38 9EH), in that she knew the Applicant. Councillor Baxter withdrew from the meeting prior to the consideration of the Application and took no part in its discussion nor voted on the matter.
With the agreement of the Chairman there was a brief adjournment of the meeting whilst clarification was sought in respect of Agenda Items 5 and 7 (Planning Applications 17/01290/OUT – Land To Rear of 1-6 Smedley Crooke Place, Redditch Road, Hopwood, Worcestershire and 18/01226/FUL – Thornborough Farm, Redhill Road, Kings Norton, Birmingham, Worcestershire, B38 9EH); as it was questioned whether Councillor L. J. Turner (present as substitute for Councillor C. A. Hotham), was eligible to participate in the Committee’s consideration of these Applications as Councillor Hotham had also sent in a ward councillor speech for both applications.
With the agreement of the Chairman, the Council’s Legal Adviser confirmed that he was not and that he should withdraw to the public gallery prior to the consideration of these Applications and should take no part in the discussions nor voting on the matters. |
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Minutes: The minutes of the meeting of the Planning Committee held on 7th January 2019 were received.
RESOLVED that the minutes of the meeting of the Planning Committee held on 7th January 2019, be approved as a correct record. |
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Additional documents: Minutes: With the agreement of the Chairman, the Council’s Legal Adviser read out a statement from Councillor C. A. Hotham, Ward Member, who had been unable to attend the meeting.
The Committee then considered the Application, which Officers had recommended for refusal. Having considered the Officers report and the representation made, Members were of the view that the proposal would impact on the openness of the Green Belt. Having carried out a Site Visit Members were in agreement that the proposed access arrangements, as highlighted in the comments received from the Highways Authority, were substandard and would be detrimental to highway safety.
RESOLVED that Planning Permission be refused for the reasons set out on page 17 of the main agenda report. |
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Minutes: This matter was withdrawn from the Agenda by Officers and was not discussed. |
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Minutes: Officers reported that two late representations had been received, one objecting to the Application and one in support of the Application; both of which reiterated the comments already received.
Officers further reported that the Application was seeking retrospective permission for the retention and use of a detached single storey building for as rest, livestock husbandry and storage facility, including an office. The building was sited on a tennis court formerly part of the curtilage of the adjoining property.
Officers clarified that the Application had been brought to the Planning Committee for consideration at the request of Councillor C. A. Hotham, Ward Member.
At the invitation of the Chairman, Mr. R. Smith (speaking on behalf of Mr. R. Sambhi), addressed the Committee objecting to the Application.
With the agreement of the Chairman, the Council’s Legal Adviser read out a statement from Councillor C. A. Hotham, Ward Member, who had been unable to attend the meeting.
The Committee then considered the Application, which Officers had recommended for approval.
Officers further clarified that no enforcement notices had been issued. A planning enforcement investigation into an alleged unauthorised dwelling was conducted and that no evidence was found which corroborated those claims.
Members were informed that the Council had commissioned a report from its agricultural consultant, who having reviewed the Application had raised no objection to the proposal.
Members sought clarification from Officers as to the terms of the suitable and satisfactory legal mechanism. Officers explained that a suitable and satisfactory legal mechanism to ensure that the building was not capable of being sold separately from the land, would not prevent or preclude the Applicant from submitting further planning applications. Each application was considered on its own merits.
With the agreement of the Chairman, the Council’s Legal Adviser further informed the Committee that the National Planning Policy Framework (NPPF) – Policy Tests stated that planning obligations (s106 agreements) should only be used where it was not possible to address unacceptable impacts through a planning condition.
In response to a query from Members, Officers commented that they were unsure as to where the lambing shed was located on the site plan.
Members gave further consideration to the proposed Application and whilst they agreed that there was nothing wrong with seeking retrospective planning permission; the Committee were of the view that the development was not solely for agricultural use, had a greater impact upon the openness than the hardstanding which preceded it, and was therefore inappropriate development in the Green Belt. Furthermore the building was not designed for its proposed purpose and there were no overriding reasons which would outweigh the harm to the Green Belt by reason of inappropriateness.
Members were therefore minded to refuse the Application.
RESOLVED that Planning Permission be refused for the following reason:
The development was not used solely for agricultural purposes, and was also proposed to serve an equestrian enterprise which was an outdoor recreational use, but was not designed for either purpose. Albeit constructed on previously developed land, comprising a ... view the full minutes text for item 65/18 |
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Minutes: Officers clarified that the Application had been brought to the Planning Committee for consideration at the request of Councillor L. C. R. Mallett, Ward Member.
At the invitation of the Chairman Mrs. Z. Kitching, the Applicant and Mr. A. Urka addressed the Committee in support of the Application.
The Committee then considered the Application, which had been recommended for refusal by Officers. Having considered the Application and the representations made, Members commented that having conducted a site visit they were of the opinion that the choice of materials to be used for the external walls, roof and detached single garage would represent an incongruous feature in the street scene harming the visual amenities of the area.
Members also considered that the set-back distance to be small and that this combined with the ridge height of the proposed two storey side extension would represent an overly large and discordant addition to the dwelling.
Councillor M. Thompson proposed an alternative recommendation that Planning Permission be granted.
On being put to the vote, the Committee did not vote for the alternative recommendation and the Chairman went back to the original recommendation.
Having had regard to all of the information provided relating to this Application, Members were in agreement with Officers in that the proposed extension would represent an overly large and discordant addition to the dwelling; and that the choice of materials to be used on the proposed two storey extension and detached garage would represent an incongruous feature in the street scene.
RESOLVED that Planning Permission be refused for the reasons set out on page 58 of the main agenda report. |