To confirm the minutes of the Planning and Licensing Committee held on 29 August 2017.

RESOLVED

The minutes of the meeting of the Planning and Licensing Committee held on 29 August 2017 be confirmed and signed by the Chairman.

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.

To receive any petitions, deputations and questions from members of the

Public in accordance with the provisions of Procedure Rule 93.

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.

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Requests to speak on planning applications will also be subject to the RCC Public Speaking Rules.

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The total time allowed for this item shall be 30 minutes.

In accordance with the Planning and Licensing Committee Public Speaking Scheme the following requests to speak had been received:

·       In relation to Agenda Item 4, application 1, 2017/0657/OUT, Mr Robert Senior

·       In relation to Agenda Item 4, application 1, 2017/0657/OUT, Mr Martin Mitchell, applicant.

To receive Report No. 180/2017 from the Director for Places (Environment, Planning and Transport)

Report No. 180/2017 from the Director for Places (Environment, Planning and Transport) was received.

Application for the erection of dwelling.

(Ward: Uppingham; Parish: Uppingham)

Mr Senior addressed the Committee in opposition to the recommendation for approval.  Responding to a question from the Committee on why he believed the Dartford ruling did not apply in this case, Mr Senior stated that the judge had stated that residential gardens in a built up area were exempt from the definition of previously developed land, and that this should be the starting point.  The argument was whether the land referred to in the application was in a built up area as the maps and application documents referred to guidance in the National Planning Policy Framework, however the land had not been previously developed and that he had written to the planning officer regarding this.

Mr Mitchell, the applicant, addressed the Committee.

Mr Oxley spoke as Ward Member.

After debate Mr Lammie proposed and was seconded by Mr Cross that the application should be refused against officer recommendation as contrary to the Development Plan being outside the Planned Limit to Development and no material considerations outweighed the policy,

RESOLVED

2017/0657/OUT That contrary to the recommendations set out within Report No. 180/2017 Item 1, and the addendum to that report, that this application be REFUSED on the following grounds:

1.     Contrary to the Development Plan being outside the Planned Limit to Development and;

2.     No material considerations outweighed the policy,

(3 in favour; 2 against; 4 abstentions)

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Under Procedure Rule 110, Mr Gale proposed that the decision be referred to Full Council for debate and to allow for possible further clarification of policy, stating that he had never come across a situation where there were nearly as many Members abstaining as voting.

No other Members backed the proposal.  The Chairman advised Mr Gale that he had two working days to canvass support.

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To receive Report No. 181/2017 from the Director for Places (Environment, Planning and Transport)

Report No. 181/2017 from the Director for Places (Environment, Planning and Transport) was received.

RESOLVED

That the contents of Report No. 181/2017 be NOTED.

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

No items of urgent business had been previously notified to the person presiding.