Agenda and minutes

RESOLVED that Councillor J. A. Ruck be elected Vice-Chairman of the Committee for the remainder of the municipal year.

An apology for absence was received from Councillor M. A. Bullivant.

The following declarations of interest were made:-

The minutes of the meeting of the Planning Committee held on 9th January 2012 were submitted.

RESOLVED that the minutes be approved as a correct record.

Consideration was given to a report which referred to an application for the felling of 32 trees along the High Street, Bromsgrove, between The Strand and Worcester Road.

RESOLVED that no objection be made to the felling of the trees referred to in the report, subject to the planting of an equal, or greater, number of replacement trees within the High Street and the immediate area.

The Committee gave consideration to a report which referred to provisional Tree Preservation Order (No. 7) 2011 made in respect of a tree on land at the rear of 1 Broad Street, Bromsgrove.

RESOLVED that Tree Preservation Order (No. 7) 2011 be confirmed without modification.

The Head of Planning and Regeneration Services reported the receipt of a supporting email from the applicant's agent.

At the invitation of the Chairman, Mr. M. Bales addressed the Committee and spoke in support of his application.

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 need for specialist housing to meet the needs of the vulnerable suffering from dementia and memory loss;

§         the fact that the lawful use of the site is a Class C2 Residential Institution;

§         the synergy between the proposal and the existing and proposed facilities at Burcot Grange enabling a self-contained development with public transport availability;

§         the advantage of returning The Uplands to its original form in keeping with the locality; and

§         the advantages of securing an improvement to the existing access to Burcot Grange and the removal of the residential institution use of the existing access at The Uplands -

constituted very special circumstances to outweigh the harm that would be caused to the openness of the Green Belt and the purposes of including land within the Green Belt.

The Head of Planning and Regeneration Services stated that, in the event of the Committee being minded to approve the application, it would be necessary for it to be referred to the National Planning Casework Unit (formerly, the Government Office for the West Midlands), pursuant to the requirements of the Department for Communities and Local Government Circular 02/2009.

RESOLVED:

(1)       that the application be referred to the National Planning Casework Unit (formerly, 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 National Planning Casework Unit, permission to approve the application be delegated to the Head of Planning and Regeneration Services subject to:

(a)       the applicant entering into an appropriate legal mechanism to secure monetary contributions in respect of:

(i)         education;

(ii)        play space provision; and

(b)       the imposition of any reasonable conditions and notes as considered necessary by the Head of Planning and Regeneration Services, with specific reference to a Construction Environmental Management Plan (CEMP); that is, formal assurance that site works are progressed sympathetically and to agreed good practice to ensure that the potential, adverse impacts of the construction period, albeit temporary, are minimised as much as possible.

At the invitation of the Chairman, Councillor Mrs. J. M. L. A. Griffiths addressed the Committee and spoke in support of this application (11/1037-DK) and the associated application for Listed Building Consent (11/1038-DK).

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 need for dementia care outweighed any harm to the setting of the Listed Building and the character of the Conservation Area, and also outweighed any harmful impact on the residential amenity of the adjoining properties.

The Head of Planning and Regeneration Services stated that, in the event of the Committee being minded to approve the application, it would be necessary for the Council to consult with English Heritage who may request that it be referred to the National Planning Casework Unit (formerly, the Government Office for the West Midlands), due to the impact the development would have on the setting of a Listed Building.

RESOLVED:

(1)       that English Heritage be consulted as to whether the application should be referred to the National Planning Casework Unit under the "departure" procedure; and

(2)       that, in the event that the application is not referred to, and / or subsequently "called-in" by, the National Planning Casework Unit, permission to approve the application be delegated to the Head of Planning and Regeneration Services subject to the imposition of any reasonable conditions and notes as considered necessary by the Head of Planning and Regeneration Services, with specific reference to a belt of screening to the boundary with the adjacent dwelling known as 'The Close'.

Consideration was 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 development would not have a detrimental impact on the setting and fabric of the Listed Building.

The Head of Planning and Regeneration Services stated that, in the event of the Committee being minded to approve the application, it would be necessary for the Council to consult with English Heritage who may request that it be referred to the National Planning Casework Unit (formerly, the Government Office for the West Midlands), due to the impact the development proposed under Plan Ref.: 11/1037-DK would have on the setting of a Listed Building.

RESOLVED that, in the event that the application is not referred to, and / or subsequently "called-in" by, the National Planning Casework Unit, permission to approve the application be delegated to the Head of Planning and Regeneration Services subject to the imposition of any reasonable conditions and notes as considered necessary.

The Head of Planning and Regeneration Services reported the receipt of an amended plan which more accurately reflected the existing and proposed roof structure of the property the subject of the application.

RESOLVED:

(a)       that, subject to the receipt of no further representations during the remainder of the consultation period, authority to approve the application be delegated to the Head of Planning and Regeneration Services upon the expiry of the consultation period on 8th February 2012; or

(b)       that, in the event of further representations being received before the expiry of the consultation period, authority to determine the application be delegated to the Head of Planning and Regeneration Services in consultation with the Chairman of the Planning Committee to assess whether new material considerations have been raised, and to issue a decision after the expiry of the statutory publicity period accordingly.

The Head of Planning and Regeneration Services reported the comments of the Drainage Engineer and Lickey and Blackwell Parish Council, and stated that an additional 62 representations had been received in respect of the application.  She also reported the receipt of a letter from the applicant.

At the invitation of the Chairman, Mr. I. Rose addressed the Committee and spoke in opposition to the proposals, followed by Mr. N. Boddison who spoke in support of the application.  Lastly, Mr. A. Flynn addressed the Committee and spoke on behalf of Lickey and Blackwell Parish Council.

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

(a)       be out of keeping with the existing form and layout of development in the locality; and

(b)       be harmful to the visual amenities of the locality.

RESOLVED that permission be refused for reasons (a) and (b) above.

Consideration was given to a report relating to a planning appeal decision which had recently been received.

RESOLVED that the report and accompanying appendix be noted.