Agenda for Planning Committee on Monday 3rd July 2023, 6.00 p.m.

Agenda and minutes

Planning Committee - Monday 3rd July 2023 6.00 p.m.

Venue: Parkside Suite - Parkside. View directions

Contact: Pauline Ross 

Items
No. Item

12/23

Apologies for absence and notification of substitutes

Minutes:

Apologies for absence were received from Councillors S. J. Baxter and D. G. Stewart, with Councillors S. Peters and P. McDonald in attendance as the substitute Members respectively.

 

An apology for absence was also received from Councillor B. McEldowney.

 

13/23

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 M. Marshall declared a Non-Pecuniary Interest in relation to Agenda Item No.6 – 21/01626/REM Land at Perryfields Road, Bromsgrove, having been advised about previous public statements he had made with regards to this application. Councillor M. Marshall was asked to leave the meeting room for the duration of this item and took no part in the Committee’s consideration nor voting on this matter.

 

Councillor J. Robinson declared in relation to Agenda Item No.6 – 21/01626/REM Land at Perryfields Road, Bromsgrove; and in doing so explained that he was due to commence a new job with National Highways, who were one of the consultees on this application. Councillor J. Robinson remained on the Committee for the consideration of this item.

 

Councillor A. Bailes declared a Disclosable Interest in relation to Agenda Item No.6 – 21/01626/REM Land at Perryfields Road, Bromsgrove, in that he had previously represented Whitford Vale Voice at the non-determination appeal. Councillor A. Bailes left the meeting room prior to the consideration of this item and took no part in the Committee’s consideration nor voting on this matter.

 

 

 

 

 

14/23

Minutes pdf icon PDF 355 KB

Minutes:

The minutes of the Planning Committee meeting held on 5th June 2023, were received.

 

Councillor A. Bailes asked for the following amendments: -

 

Page 6, typographical error, refuse and not efuse.

Page 8, paragraph be amended to read: -

 

Members further questioned delivery and service, as they had some concerns that delivery and service vehicles accessing the site might park on the highway if there was not enough room for them on the site.’  

 

RESOLVED that, subject to the amendments, as detailed in the preamble above that the minutes of the Planning Committee meeting held on 5th June 2023, be approved as a correct record.

 

At this stage in the meeting, the Chairman announced a change to the running order of the agenda.

15/23

Updates to planning applications reported at the meeting pdf icon PDF 134 KB

Minutes:

The Chairman announced that a Committee Update had been circulated to all Planning Committee Members and asked all Members whether they had received and read the Committee Update.

 

All Members agreed that they had received and read the Committee Update.

 

16/23

23/00511/FUL -Change of use to a mixed use venue and Public House.The Dodford Inn Public House, Whinfield Road, Dodford, Worcestershire, B61 9BG, Mr. B. Wyatt pdf icon PDF 230 KB

Additional documents:

Minutes:

Officers clarified that the Application had been brought to the Planning Committee for consideration at the request of Councillor K. Taylor, Ward Councillor.

 

Officers presented the report and in doing so, informed the Committee that the application was for a change of use to a mixed use venue, as a Public House and events venue to hold Civil Ceremonies.

 

Officers drew Members’ attention to the additional comments received from Dodford with Grafton Parish Council; and the four additional Conditions as requested by Worcestershire County Council (WCC) Highways, as follows:-

 

Cycle parking

Electric vehicle charging point

Accessible parking provision, and

Motorcycle parking provision

 

as detailed in the published Committee Update, copies of which were provided to Members and published on the Council’s website prior to the commencement of the meeting.

 

Officers presented the presentation slides, as detailed on pages 162 to 166 of the main agenda report.

 

Officers referred to both the District Plan under Policy BDP15 Rural Renaissance and the National Planning Policy Framework (NPPF), section 6 which sought to promote strong rural economies through sustainable growth and expansion of all businesses throughout rural areas, as detailed on page 156 of the main agenda report. The applicant had put forward this application to help sustain the existing pub, since it’s closure during the Covid-19 pandemic.

 

No objections had been received from Worcestershire Regulatory Services (WRS) Noise. WCC Highways had raised no objections but had requested four additional Conditions, as referred to in the preamble above.

 

The proposal was considered appropriate development in the Green Belt, as detailed on page 156 of the main agenda report.

 

In conclusion the proposed use was of a similar nature to the existing use and was therefore not considered to cause any greater harm to the local community or local road network. In addition, the NPPF sought to promote strong rural economies, and for these reasons, officers were recommending approval.

 

At the invitation of the Charman, Mr. Myatt on behalf of the applicant addressed the Committee.  Councillor R. Jennings, Chair of Dodford with Grafton Parish Council, addressed the Committee in objection to the application and the speech submitted by Councillor K. Taylor, Ward Councillor was read out by the Legal Advisor to the Planning Committee.

 

The Committee then considered the application, which officers had recommended be granted.

 

In response to questions from Members, officers clarified that Licensing were consulted with on the application, but no comments had been received.  Officers referred to the current licensing restrictions on the premises and that there were other powers and statutory controls to deal with noise nuisance.  Officers further reiterated that WRS had raised no objections due to noise and that no formal complaints had been received by WRS.

 

Officers stated that the site benefitted from Permitted Development Rights, Part 4, Class A, whereby temporary buildings and structures could be used within a site on a temporary basis.  This would however not allow for a permanent marquee as that would require planning permission. Officers further highlighted on the presentation  ...  view the full minutes text for item 16/23

17/23

Tree Preservation Order (6) 2023 Land Side of 41 High House Drive, Lickey, Bromsgrove B45 8ET pdf icon PDF 138 KB

Additional documents:

Minutes:

The Committee considered a report which detailed proposals to confirm, without modification, Tree Preservation Order (TPO) (6) 2023, relating to Land Side of 41 High House Drive, Lickey, Bromsgrove, B45 8ET.

 

The Senior Arboricultural Officer asked for it to be noted that the relevant Portfolio Holder was Councillor Whittaker and not Councillor Sherrey, as shown in the report.

 

The Senior Arboricultural Officer provided a detailed presentation, and in doing so drew Members’ attention to the recommendation, as detailed on page 7 of the main agenda report.

 

The officer further informed the Committee that the provisional order was raised on 7th March 2023, as detailed at Appendix 1 to the report, as a result of a tree surgery company attending the site having been instructed to fell the trees which were included within the TPO.

 

The officer referred to the letter received from Mr. Terence Sowerby, as detailed at Appendix 2 to the report. The officer referred to their comments in relation to the issues raised in objection by Mr. Sowerby, as detailed on pages 8 and 9 of the main agenda report.

 

The officer further informed the Committee that there was no evidence of Bleeding Canker disease in the crown and that trees could go into remission or recover from Bleeding Canker.

 

At the invitation of the Chairman, Ms. L. Sowerby, on behalf of the land owner, addressed the Committee in objection to TPO (6) 2023.

 

Members then considered the TPO.

 

Officers responded to questions from the Committee with regards to ‘Amenity’ and in doing so stated that they believed that many people walked to High House Drive to enjoy the view, there was no long survey evidence, but he had visited the site and had witnessed people using it. High House Drive was not a gated entrance. As detailed in the report, High House Drive served 32 properties and Lickey Hills Primary and Nursery School; and many people took advantage of the view. The officer had during his presentation referred to the 13 emails received in support of the TPO, as detailed on pages 17 to 32 of the main agenda report.

 

Should the tree become diseased, the TPO would not prevent work being carried out on the tree, written consent would be needed from the Council for sympathetic work to the tree to be carried out.

 

On being put to the vote, it was 

 

RESOLVED that provisional Tree Preservation Order (6) 2023, relating to Land Side of 41 High House Drive, Lickey, Bromsgrove, B45 8ET, be confirmed without modification and made permanent, as raised and shown at Appendix 1 to the report.

18/23

21/01626/REM - Reserved Matters Application of Phase 1, 149 residential units on land abutting Stourbridge Road/Perryfields Road, which is in line with the Outline Planning Permission for 1,300 dwellings (application reference 16/0335) allowed at appeal under reference APP/ P1805/W/20/3265948. The Reserved Matters application seeks consent in line with condition 1 for detailed matters of appearance, landscaping, layout, and scale.Land At, Perryfields Road, Bromsgrove, Taylor Wimpey UK Ltd pdf icon PDF 170 KB

Additional documents:

Minutes:

Officers clarified that the Reserved Matters Application was deferred at the Planning Committee meeting held on 3rd April 2023 for Planning Committee Members to carry out a Site Visit, in order to consider the footpath crossing at Perryfields Road. The Site Visit had taken place on 27th June 2023.

 

Officers informed the Committee that Outline Planning Permission was allowed at appeal, as detailed in the report. This also included the external access arrangements from the Kidderminster Road and Stourbridge Road.

 

This Reserved Matters Application was for Phase 1 of the site, for 149 dwellings and included 42 affordable housing units. Officers reiterated that the Reserved Matters Application was for detailed matters of appearance, landscaping, layout and scale, as detailed on page 47 of the main agenda report.

 

Officers presented the presentation slides, as detailed on pages 58 to 83 of the main agenda report. The scheme showed the road meandering through the site.

 

Provision of informal open space would be in the form of a multi-functional green and blue infrastructure corridor providing a variety of plant species and incorporating a sustainable drainage system adjacent to Battlefield Brook. With a smaller informal non-equipped open space area also proposed next to Perryfields Road.

 

The Access & Movement Parameters Plan showed the main movement route corridor, with the exact route to be agreed. The Inspector referred to the potential spine road in the Appeal decision and its intension to run through the site and be designed for speeds of 20mph to create an environment conducive to cycling and walking. It became apparent on this particular reserved matters application that a speed limit of 20mph would not be achieved on this indicative spine road. Therefore, negotiations had taken place to address this, and this had resulted in a layout that now showed the route meandering through the site to provide in built traffic calming measures in order to achieve the potential speed limit.

 

Officers referred to the Parameters Plans Access and Movement outline application presentation slide, and in doing stated that the route was very similar to the outline application and highlighted where it had been altered. Worcestershire County Council (WCC), Highways and Mott MacDonald supported the scheme.

 

Issues had been raised in respect of connectivity especially with Perryfields Road. Following negotiations, it was considered that a more direct link to Perryfields Road should be provided.

 

Officers further referred to the removal of hedgerow, as detailed on pages 43, 50 and 51 of the main agenda report.

 

The proposed layout had been subject to Independent Road Safety Audits (RSA).

 

Officers further referred to the Street Scenes and sample of house type slides, as detailed on pages 66 to 83 of the main agenda report.

 

At the invitation of the Chairman, Mr. J. Gerner on behalf of The Bromsgrove Society addressed the Committee in objection to the application. Mr. G. Dallas also addressed the Committee in objection to the application; and Ms. H. Martin, Senior Planner, Stantec, addressed the Committee on behalf of the  ...  view the full minutes text for item 18/23

19/23

23/00429/FUL - Proposed dwellinghouse, 32 Lickey Square, Lickey, Birmingham, Worcestershire, B45 8HB, Mr. D. Jones pdf icon PDF 138 KB

Additional documents:

Minutes:

Officers informed the Committee that this was a full application to erect a new dwelling on the site of a previously approved dwelling, which was granted planning permission on planning applications 21/00312/FUL and 22/00978/FUL, as detailed on page 89 of the main agenda report. The access of the development would be by means of the access approved under the earlier consents, as detailed in the preamble above.

 

The Ward Councillor, Councillor B. Kumar had also requested that the application be determined by Planning Committee Members.

 

As set out in the report planning permission was granted for a detached dwelling in this location in July 2021 and in February 2023.

 

Officers clarified that the current application was deferred at the Planning Committee meeting held on 5th June 2023, in order for Planning Committee Members to carry out a Site Visit. The Site Visit had taken place on 27th June 2023.

 

As detailed in the report the principle of the development including its means of access from Lickey Square had been established and it was only necessary to compare the respective detailed changes between the current proposal and the extant approvals in terms of siting and appearance; and to consider if the current application was acceptable or not.

 

Officers presented the report and the presentation slides, as detailed on pages 100 to 119 of the main agenda report. Officers drew Members’ attention to the following slides: -

 

·         Site layout as approved under applications 21/00312/FUL and 22/00978/FUL

·         Composite site plan

·         Boundary to 16 The Badgers

·         Elevations as approved under ref 22/00978/FUL

·         Proposed Elevations

·         Visibility splays 

 

As stated in the report the proposed dwelling had been rotated clockwise via its south-west corner by approximately 18 degrees.

 

Members would have noted from the Site Visit the hedgerow that obscured visibility. The applicant was aware that the hedgerow needed to be repositioned in order to create the required visibility splay. Officers referred to Condition 13, as detailed on page 97 of the main agenda report; and stated that the visibility splays were achievable.

 

Officers further stated that presumption in favour of sustainable development therefore applied in accordance with Paragraph 11(d) of the Framework. In this case, Paragraph 11 (d) ii commented that planning permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies of the Framework as a whole.

 

Officers were satisfied that the proposed development would not result in any adverse impacts which would significantly and demonstrably outweigh the benefits of the application; having regards to the contribution the proposed development would make towards addressing the current significant housing shortfall.

 

At the invitation of the Chairman, Mr. P. Ollis addressed the Committee in objection to the application.

 

Councillor B. Kumar also addressed the Committee, on behalf of Lickey and Blackwell Parish Council and as Ward Councillor, in objection to the application.

 

The Committee then considered the Application, which Officers had recommended that planning permission be granted.

 

Members commented that the  ...  view the full minutes text for item 19/23

20/23

23/00566/FUL - Two new detached dwellings on the site of two approved dwellings (extant consent ref 19/01388/FUL) using the previously approved access driveway, Land to the rear of 34 and 36 Lickey Square, Lickey, Birmingham, B45 8HB, Mr. M. Francis pdf icon PDF 142 KB

Additional documents:

Minutes:

The Ward Councillor, Councillor B. Kumar had requested that the application be determined by Planning Committee Members.

 

An additional representation from an existing contributor in respect of visibility splay drawings, TPO protected trees and inadequate separation and the officer’s response was detailed on page 4 of the Committee Update. A copy of which was provided to Members and published on the Council’s website prior to the commencement of the meeting.

 

Officers informed the Committee that the application was for two detached dwellings on the site of two approved dwellings (extant consent ref: 19/01388/FUL), using the previously approved access driveway.

 

Planning Committee Members had carried out a Site Visit on 27th June 2023.

 

Officers highlighted that means of access had been established under the extant consent (ref: 19/01388/FUL), and that it was only necessary to compare the respective detailed changes between the proposal and the extant approval in terms of siting and appearance whether the current application was acceptable.

 

Officers drew Members’ attention to the presentation slides, as detailed on pages 136 to 152 of the main agenda report.

 

Officers further stated that presumption in favour of sustainable development therefore applied in accordance with Paragraph 11(d) of the Framework. In this case, Paragraph 11 (d) ii commented that planning permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies of the Framework as a whole.

 

Officers were satisfied that the proposed development would not result in any adverse impacts which would significantly and demonstrably outweigh the benefits of the application; having regard to the 5 year housing land supply. The application had been assessed on its merits.

 

At the invitation of the Chairman, Mr. P. Ollis addressed the Committee in objection to the application.

 

Councillor B. Kumar also addressed the Committee, on behalf of Lickey and Blackwell Parish Council and as Ward Councillor, in objection to the application.

 

Members commented that the Site Visit was very useful in order to visualise the site.

 

In response to questions from Members, officers confirmed that the separation distances complied with the Council’s High Quality Design SPD. Officers referred to the presentation slide ‘Proposed Elevations Plot 1’, as detailed on page 146 of the main agenda report; and in doing so clarified that Plot 1 would be dug down and sit below ground level, but would be two storey, with the basement sitting below ground level.

 

RESOLVED that Planning Permission be granted, subject to the Conditions as detailed on pages 131 to 134 of the main agenda report.