Agenda and minutes

Planning and Licensing Committee - Tuesday, 14th February, 2017 6.00 pm

Venue: Council Chamber, Catmose, Oakham, Rutland, LE15 6HP. View directions

Contact: Marcelle Gamston 

Items
No. Item

586.

MINUTES

To confirm the minutes of the Development Control and Licensing Committee held on

Minutes:

RESOLVED

 

The minutes of the meeting of the Development Control and Licensing Committee held on Tuesday, 17 January 2017 be confirmed and signed by the Chiarman.

587.

DECLARATIONS OF INTERESTS

In accordance with the Regulations, Members are invited to declare any disclosable interests under the Code of Conduct and the nature of those interests in respect of items on this Agenda and/or indicate if Section 106 of the Local Government Finance Act 1992 applies to them.

Minutes:

Mr M Oxley

Agenda Item 1

2016/0428/FUL

Mr Oxley declared a personal interest as he was involved with allotments in Uppingham.  He stated that he did not have a prejudicial interest and would take part in discussion of the item.

Mr J Dale

Agenda Item 1

2016/0428/FUL

Mr Dale declared a prejudicial interest as he was President of Oakham Home Garden Allotment Society and would leave the room during discussion of the item.

Mr J Dale

Agenda Item 2

2016/0797/FUL

Mr Dale declared a pecuniary interest as his company had recently carried out business with the applicant.  He stated that he would leave the room during discussion of the item.

Mr J Dale

Agenda Item 3

2016/0813/FUL

Mr Dale declared a prejudicial interest as he was President of Oakham Home Garden Allotment Society and would leave the room during discussion of the item.

Mr W Cross

Agenda Item 1

2016/0428/FUL

Mr Cross declared a personal interest as he knew one of the residents, this was not prejudicial and he would take part in discussion of the item.

Mr W Cross

Agenda Item 2

2016/0797/FUL

Mr Cross declared a personal interest as he knew one of the residents, this was not prejudicial and he would take part in discussion of the item.

 

588.

PETITIONS, DEPUTATIONS AND QUESTIONS

To receive any petitions, deputations and questions from members of the Public in accordance with the provisions of Procedure Rules.

 

The total time allowed for this item shall be 30 minutes.  Petitions, deputations and questions shall be dealt with in the order in which they are received.  Questions may also be submitted at short notice by giving a written copy to the Committee Administrator 15 minutes before the start of the meeting.

 

The total time allowed for questions at short notice is 15 minutes out of the total time of 30 minutes.  Any petitions, deputations and questions that have been submitted with prior formal notice will take precedence over questions submitted at short notice.  Any questions that are not considered within the time limit shall receive a written response after the meeting and be the subject of a report to the next meeting.

Minutes:

No petitions, deputations or questions were received.

589.

DEPUTATIONS RELATING TO PLANNING APPLICATIONS

To receive any deputations from members of the Public in accordance with the provisions of Procedure Rule 94(4).

 

There will be no limit on the total number of deputations to be received but no more than two deputations will be permitted in respect of each planning application one of which, if required, will be from a statutory consultee.

 

Deputations which relate to a planning application included on the agenda for this meeting will be deferred until the application is considered by Members.

 

Following the deputation, the applicant or his agent will have a right of reply, the maximum time for which will be three minutes.  Members will then have the opportunity to question the deputee and if a response has been made, the applicant or agent, for a maximum of four minutes.

 

 

Minutes:

In accordance with Procedure Rule 93(4) the following deputations had been received:

 

·         In relation to Agenda Item 5, application 1, 2016/0428/FUL, a deputation was received from Mr E Reynolds.

·         In relation to Agenda Item 5, application 4, 2016/1045/FUL, a deputation was received from Mr H Burton.

 

590.

REPORT NO. 47/2017 DEVELOPMENT CONTROL APPLICATIONS pdf icon PDF 15 KB

To receive Report No. 47/2017 from the Director for Places (Environment, Planning and Transport)

Additional documents:

Minutes:

Report No. 47/2017 from the Director for Places (Environment, Planning and Transport) was received.

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6.04pm Mr Dale left the meeting.

 

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591.

ITEM NO. 1 (2016/0428/FUL) LAND BETWEEN BARLEYTHORPE & BURLEY PARK WAY, BARLEYTHORPE

Minutes:

Erection of 5 dwellings on land between Larkfleet Phase 1 and Main Road Barleythorpe with access from Phase 10.

(Ward: Oakham North West; Parish: Barleythorpe)

 

One deputation was received by Mr E Reynolds on behalf of the residents.  The right of reply was exercised by Mr M Mann on behalf of the applicant.

 

A detailed discussion took place during which Members raised their concerns regarding the development of an area of amenity open space which would be to the detriment of the character of the area and contrary to the approved Design Code for the Oakham North Urban Extension and Policy CS23 of the Rutland Core Strategy (2011).

 

 

RESOLVED

 

(2016/0428/FUL)  That contrary to the recommendations set out in the report, and the addendum to that report that this application be REFUSED for the following reasons:

 

  • The proposal involves the development of an area of amenity open space provided as part of the outline planning permission for the Oakham North Urban Extension. The character overview of the Barleythorpe Edge Character Area in the approved Design Code states that the area is characterised by an informal contiguous and substantial landscape buffer created by (inter alia) Hawksmead Park and the allotment gardens. The approved documents for the development make it clear that this green edge should be retained between the development and Barleythorpe village and provide logical, linked green infrastructure. The proposal would thereby bring built development in closer proximity to existing dwellings in Barleythorpe, being detrimental to the character of the area and contrary to the approved Design Code for the Oakham North Urban Extension, Policy CS23 of the Rutland Core Strategy (2011) and Policies SP5 and SP15 of the Site Allocations and Polices DPD (2014)..

 

(9 in favour; 1 against)

 

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7.00pm Mr Wilby, Mr Gale and Mr Parsons left the meeting.

 

Mr Dale rejoined the meeting.

 

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592.

ITEM NO. 4 (2016/1045/FUL) HOME FARM, LODDINGTON LANE, BELTON IN RUTLAND, RUTLAND

Minutes:

Variation of Condition 2 in relation to approved application F/2008/0869 – Conversion of barn to dwelling.  Erection of 1 No. dwelling and associated works.

(Ward: Braunston and Belton; Parish: Belton in Rutland)

 

A deputation was received from Mr H Burton on behalf of residents.

 

RESOLVED

 

2016/1045/FUL In accordance with the recommendations and for the reasons set out within Report No. 47/2017 Item 4 that this application be APPROVED.

 

(6 in favour, 3 against)

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7.42pm Mr Dale left the meeting.

 

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593.

ITEM NO. 2 (2016/0797/FUL) LAND ADJACENT TO 1, LITTLEWORTH LANE, BELTON IN RUTLAND, RUTLAND

Minutes:

Variation of Condition 2 (variation of entrance porch) in relation to approved application 2016/0251/FUL – Proposed dwelling with garages.

(Ward: Braunston and Belton; Parish: Belton in Rutland)

 

RESOLVED

 

2016/0797/FUL In accordance with the recommendations and for the reasons set out within Report No. 47/2017that this application be APPROVED.

 

(7 in favour, 1 against)

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7:58pm Mr Stewart left the meeting

 

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594.

ITEM NO. 3 (2016/0813/FUL) BEECH ROAD CAR PARK, BEECH ROAD, OAKHAM, RUTLAND

Minutes:

Demolition of existing garages and erection of 6 no. dwelling houses for Nottingham Community Housing Association.

(Ward: Oakham South East; Parish: Oakham)

 

RESOLVED

 

2016/0813/FUL In accordance with the recommendations and for the reasons set out within Report No. 47/2017 Item 3 that this application be APPROVED.

 

(5 in favour, 2 against)

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8.22pm Mr Dale rejoined the meeting

 

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595.

ITEM NO. 5 (2016/1136/FUL) LAND TO THE REAR OF WESTFIELD AVENUE, OAKHAM, RUTLAND

Minutes:

Demolition of the remaining existing garages.  Erection of 5 affordable dwellings and associated access, parking and landscaping.

(Ward: Oakham North West; Parish: Oakham)

 

RESOLVED

 

2016/1136/FUL In accordance with the recommendations and for the reasons set out within Report No. 47/2017 Item 5 that this application be APPROVED.

 

(5 in favour, 3 against)

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At 8.50pm, and in accordance with Procedure Rule 199, the time of the meeting was extended by a further 15 minutes to enable the business of the meeting to be completed.

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596.

REPORT NO. 48/2017 APPEALS REPORT pdf icon PDF 15 KB

To receive Report No. 48/2017 from the Director for Places (Environment, Planning and Transport)

Minutes:

Report No. 48/2017 from the Director for Places (Environment, Planning and Transport) was received.

 

RESOLVED

 

That the contents of Report No. 48/2017 be NOTED.

597.

EXCLUSION OF THE PRESS AND PUBLIC

The Committee is recommended to determine whether the public and press be excluded from the meeting in accordance with Section 100(A)(4) of the Local Government Act 1972, as amended, and in accordance with the  Access to Information provision of Procedure Rule 239, as the following item of business is likely to involve the disclosure of exempt information as defined in paragraphs 1, 2 and 7 of Part 1 of Schedule 12A of the Act.

 

Paragraph 1: Information relating to any individual.

Paragraph 2: Information which is likely to reveal the identity of an individual.

Paragraph 7: Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

Minutes:

RESOLVED

 

That the public and press be excluded from the meeting in accordance with paragraphs 1, 2 and 7 of Part 1 of Schedule 12A to the Local Government Act 1972 (information relating to any individual; information which is likely to reveal the identity of an individual and information relating to the financial or business affairs of any particular person (including the authority holding that information))

598.

REPORT NO. 46/2017 TO CONSIDER TAKING ENFORCEMENT ACTION AGAINST A BREACH OF CONDITION REQUIRING THE REMOVAL OF A MOBILE HOME

To receive Report No. 46/2017 from the Director for Places (Environment, Planning and Transport).

Minutes:

RESOLVED

 

1.    That the Committee AUTHORISED the issuing of an enforcement notice under s172 (1) Town and Country Planning Act 1990 to require the removal of the mobile home from the land and to prevent the residential occupation of the land.

2.    That the Committee AUTHORISED the Director for Places to consider and if appropriate authorise prosecution proceedings under s.179 Town and Country Planning Act 1990 in the event of non-compliance with the enforcement notice.

 

(Unanimous in favour)

599.

ANY OTHER URGENT BUSINESS

To consider any other urgent business approved in writing by the Chief Executive and Chairman of the Committee.

Minutes:

There was no other urgent business.