To receive any apologies from Members.

Apologies were received from Councillor C Wise.

To confirm the minutes of the Planning and Licensing Committee held on 13^th June 2023 and receive an update on any actions agreed in the minutes of the previous meeting.

Consideration was given to the minutes of the meetings held on 13^th June 2023.

RESOLVED

a)   That the minutes of the meeting on the 13^th June 2023 be APPROVED.

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.

Councillor A Brown declared a non-pecuniary interest in Agenda Items 5 and 6 as he was previously the Chairman of Rutland Countryside Access Forum where both footpaths were discussed but he confirmed he came to the meeting with an open mind.

Councillor A Brown declared a non-pecuniary interest in item 7b, Planning Applications, application 2022/0449/FUL as he knew the applicant as a local farmer but confirmed he came to the meeting with an open mind.

Councillor West declared a personal interest in item 7b, Planning Applications, application 2022/0449/FUL as the applicant was her brother therefore would leave the meeting at that point.

Requests to speak on planning applications will be subject to the Council’s Public Speaking Scheme for Planning Applications.

To request to speak regarding a planning application, please send an email to democraticservices@rutland.gov.uk

In accordance with the Planning and Licensing Committee Public Speaking Scheme, the following deputations were received on item 5, Planning Applications:

In relation to 2022/0254/FUL, Steve Machen spoke as a member of the public supporting the recommendation, Kevin Atkinson spoke as a member of Morcott Parish Council and Councillor Andrew Johnson spoke as a Ward Member.

In relation to 2022/0449/FUL, James MacCartney spoke as the applicant.

To receive Report No.110/2023 from the Strategic Director of Places.

Report No.110/2023 was introduced by Stuart Crook, Highways Asset Management and Policy Manager.

The application was submitted on 27th of September 2021 by John Gregory of Wright Hassall on behalf of Whissendine Farms Limited to divert part of public footpath D79 in the parish of Whissendine.

The application was made under section 119 of the Highways Act 1980 (the 1980 Act), which gave the highway authority (Rutland County Council) the power to make orders to divert footpaths, bridleways, or restricted byways in the interests of the owner, lessee, or occupier of land where it was expedient.

It was clarified during debate to Members that it was the Highways Authority responsibility to maintain all services of highways including footpaths where naturally occurring vegetation grew.

The recommendations of Report No. 110/2023 were moved by the Chairman and seconded, upon being put to the vote, with eleven votes in favour the motion was unanimously carried.

RESOLVED

That the Committee:

APPROVED the application to divert public footpath D79 and authorised legal services to make an order under section 119 of the Highways Act.

To receive Report No.111/2023 from the Strategic Director of Places.

Report No.111/2023 was introduced by Stuart Crook, Highways Asset Management and Policy Manager.

The report dealt with an application to add a public footpath between Main Street in Barrow and Sheep Dyke in Cottesmore to the Definitive Map and Statement (DMS) for Rutland and sought committee approval to make a Definitive Map Modification Order (DMMO).

The Ward Member through the Chairman wanted to thank the Ways Around Cottesmore group for the hard work and effort that had gone into this footpath.

The recommendations of Report No. 111/2023 were moved by the Chairman and seconded, upon being put to the vote, with eleven votes in favour the motion was unanimously carried.

RESOLVED

That the Committee:

Considered the application APPROVED the making of a Definitive Map Modification Order (DMMO) to add the footpath shown ABC on the draft order map at Appendix 1 to the definitive map and statement for Rutland.

To receive Report No.108/2023 from the Strategic Director of Places.

Report No.108/2023 was received from the Strategic Director of Places.

Item 7a – 2022/0254/FUL – Conversion of the former White Horse Inn public house to residential use including demolition of existing single storey elements and the erection of a two-storey rear extension, demolition of the existing outbuildings and the erection of 4 no. new dwellings with associated infrastructure. 

(Parish: Morcott; Ward: Braunston & Martinshorpe)

Item 7b – 2022/0449/FUL - Construction of 4 bed farmworkers dwelling to allow family member to live on site.

(Parish: Braunston in Rutland; Ward: Braunston & Martinshorpe)

Item 7c – 2023/0146/RG3 - Regulation 3 application for variation of condition No. 3 (permission expiry) on Planning Permission ref: 2020/1459/RG3 to allow permanent use of the No. 1 court area of Oakham Castle as a cafe. 2020/1459/RG3 - Regulation 3 application for change of use of the Court number 1 room, kitchen (total 55 square meters) and courtyard outdoors space (40 square meters) at Oakham Castle for a cafe.

(Parish: Oakham; Ward: Oakham North East)

Item 7d – 2023/0388/FUL - Replacement oak gate posts and 2 1.2m high oak gates.

(Parish: Exton and Horn; Ward: Exton)

Item 7e – 2023/0389/LBA - Replacement oak gate posts and 2 1.2m high oak gates.

(Parish: Exton and Horn; Ward: Exton)

Joe Mitson, Planning Officer, introduced the application and gave an executive summary, recommending approval subject to conditions outlined in the report.

Prior to the debate the Committee received deputations from Steve Machen who spoke as a member of the public supporting the recommendation, Kevin Atkinson who spoke as a member of Morcott Parish Council and Councillor Andrew Johnson who spoke as a Ward Member.

Through questioning, it couldn’t be confirmed if the pub had been put on the market for sale previously. Members felt that further evidence of marketing would help with their decision making.

It was confirmed by officers in Planning Policy that the number of dwellings proposed on the application did not meet the threshold for the need to provide affordable housing.

Members were concerned with the impact of removing a community facility from the village.

Officers explained to Members that with the comments made around the marketing of the pub, where an application like this would be assessed by officers, it would be expected to ask for marketing when I pub had been vacant for 12months, the White Horse Inn had been vacant for over 10 years.

It was moved by Chairman and seconded that that members agreed with the officers recommendation. Upon being put to the vote, with 5 in favour and 6 against, the motion was lost.

It was moved by Councillor West and seconded that the application be deferred and for it to be brought back to a future meeting. The reasons for deferral were:

-       To provide further evidence of the marketing of the pub over the past 12 months, the levels of that marketing and if any interest was received.

This was seconded and upon being put to the vote, with 5 votes in favour and 5 against, the Chair had the casting vote, the Chair voted in favour of the deferral to make it 6 votes in favour and 5 against, the motion was carried.

RESOLVED

That planning application 2022/0254/FUL be DEFERRED to a future meeting.

Nick Thrower, Principal Planning Officer, introduced the application and gave an executive summary, recommending approval subject to conditions outlined in the report.

Prior to the debate the Committee received deputations from James MacCartney who spoke as the applicant. The Committee also had the opportunity to ask questions of the speaker.

It was moved by the Chairman and seconded that the application be approved subject to the conditions in the report. Upon being put to the vote with eleven votes in favour, the motion was unanimously carried.

RESOLVED

a)    That the application 2022/0449/FUL be APPROVED subject to the conditions outlined by the Planning Officer.

b)   The full list of reasons can be found on the planning application page of the Council’s website

https://www.rutland.gov.uk/my-services/planning-and-building-control/planning/view-planningapplications-and-decisions/

Nick Thrower, Principal Planning Officer, introduced the application and gave an executive summary, recommending approval subject to conditions outlined in the report.

It was moved by the Chairman and seconded that the application be approved subject to the conditions in the report. Upon being put to the vote with eleven votes in favour, the motion was unanimously carried.

RESOLVED

a)    That the application 2023/0146/RG3 be APPROVED subject to the conditions outlined by the Planning Officer.

b)   The full list of reasons can be found on the planning application page of the Council’s website

https://www.rutland.gov.uk/my-services/planning-and-building-control/planning/view-planningapplications-and-decisions/

Joe Mitson, Planning Officer, introduced the application and gave an executive summary, recommending approval subject to conditions outlined in the report.

It was moved by Councillor Clifton and seconded that the application be approved subject to the conditions in the report. Upon being put to the vote with eleven votes in favour, the motion was unanimously carried.

RESOLVED

a)    That the application 2023/0388/FUL be APPROVED subject to the conditions outlined by the Planning Officer.

b)   The full list of reasons can be found on the planning application page of the Council’s website

https://www.rutland.gov.uk/my-services/planning-and-building-control/planning/view-planningapplications-and-decisions/

Joe Mitson, Planning Officer, introduced the application and gave an executive summary, recommending approval subject to conditions outlined in the report.

It was moved by Councillor Clifton and seconded that the application be approved subject to the conditions in the report. Upon being put to the vote with eleven votes in favour, the motion was unanimously carried.

RESOLVED

a)    That the application 2022/0389/LBA be APPROVED subject to the conditions outlined by the Planning Officer.

b)   The full list of reasons can be found on the planning application page of the Council’s website

https://www.rutland.gov.uk/my-services/planning-and-building-control/planning/view-planningapplications-and-decisions/

To receive Report No.109/2023 from the Strategic Director of Places.

Report No. 109/2023 was received from the Strategic Director for Places. Justin Johnson, Development Manager, presented the report which listed for Members’ information the appeals received since the last ordinary meeting of the Planning & Licensing Committee and summarised the decisions made.

RESOLVED

a)    That the contents of the report be NOTED.

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

There were no items of urgent business.

Tuesday, 8^th August 2023.

Tuesday, 8^th August 2023.