Agenda and minutes

Planning and Licensing Committee - Tuesday, 20th November, 2018 7.00 pm

Venue: Council Chamber, Catmose, Oakham, Rutland, LE15 6HP

Contact: Governance Team  Email: Governance@rutland.gov.uk

Items
No. Item

441.

APOLOGIES

To receive any apologies from Members.

Minutes:

Apologies had been received from Mr Mann.

442.

MINUTES

To confirm the minutes of the Planning and Licensing Committee held on 23 October 2018.

Minutes:

The minutes of the meeting of the Planning and Licensing Committee held on 23 October 2018 were confirmed as a correct record and were signed by the Chairman.

443.

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 Dale

2018/0893/FUL

Mr Dale declared a personal interest in item 6 as he was a personal friend of the applicants and had free use of a paddock owned by them. As this was the only item on the agenda, Mr Dale stated that he would withdraw from the meeting.

Mr Cross

2018/0893/FUL

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

 

 

 

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Mr Dale left the meeting at 7.05pm

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444.

PETITIONS, DEPUTATIONS AND QUESTIONS

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.

 

Minutes:

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

 

In relation to Agenda Item 6, application 1, 2018/0893/FUL, Mr Mullin, agent for the applicant.

445.

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 paragraph 3 of Part 1 of Schedule 12A of the Act.

 

Information relating to the financial or business affairs of any particular person (including the authority holding that information).

Minutes:

RESOLVED:

 

The Committee agreed that reference would not be made to the exempt report submitted by the applicants and therefore the meeting remained in public session.

 

446.

PLANNING APPLICATIONS pdf icon PDF 39 KB

To receive Report No. 222/2018 from the Strategic Director for Places.

Additional documents:

Minutes:

Report No. 228/2018, part of which was exempt, was received from the Strategic Director for Places.

 

 

447.

ITEM 1 (2018/0893/FUL) LEIGHFIELD BARN, LAMBLEY LODGE LANE, BELTON IN RUTLAND, RUTLAND LE15 9JY

Minutes:

Application for retention of a no.3 bedroom residential barn conversion and alterations, including lowering of roof ridge and replacement of roof tiles, landscaping and access works (to Class Q scheme permitted under planning permission ref: 2015/1137/PAD). Implements Barn.

 

(Ward: Braunston; Parish: Belton In Rutland)

 

The applicant’s agent, Mr Mullin, addressed the Committee.

 

During questions to the agent the following points were noted:

·         Class Q was a form of planning permission for a conversion but the regulations were very ‘grey’ when it came to what was appropriate for conversion; for example, lighter buildings such as dutch barns were not suitable.

·         Under Class Q, where there was an existing curtilage to a building any development outside of that immediately triggered a requirement for a planning permission.

·         If an enforcement notice was upheld and the unauthorised elements were removed then the building would revert to agricultural status and be open to another Class Q application. This was the fallback position.

 

Mr N. Hodgett, Principal Planning Officer for the Council, addressed the Committee and gave an executive summary of the application, recommending it for approval. 

 

During discussion the following points were noted:

 

·         RCC Planning Officers had accepted that there was a fallback position if an enforcement notice was upheld.

·         Of the proposed changes, one of the main changes would be to remove the red pantiles and replace with grey slate as there was no traditional use of red pantiles in Belton village.

·         The applicant had also agreed to replace the roof tiles on the outbuilding, although it was approved with red pantiles, because the building was taller than agreed.

·         There was a need to retain three bedrooms because the applicant had two teenage children.

·         In the revised proposal the fenestration was more balanced and the new curtilage was reasonable.

·         The Parish Council firmly supported the application and felt that the suggested rectifications exceeded expectations.

·         Councillors Cross and Gale felt that by all concerned parties working together, a sensible solution had been reached.

·         The tree planting on land outside of the curtilage was for screening purposes and was not intended to delineate a wider ‘garden’ area.

·         Class Q development only applied to buildings in agricultural use from March 2013 and as such the outbuilding/store could not be converted to a dwelling in the future under Class Q permissions.

 

 

RESOLVED:

 

2018/0893/FUL in accordance with the recommendations set out within Report No. 222/2018, that the application be APPROVED.

 

(Unanimous)

448.

APPEALS REPORT pdf icon PDF 59 KB

To receive Report No. 221/2018 from the Strategic Director for Places.

Minutes:

Report No. 221/2018 was received from the Strategic Director for Places.

 

APP/TPO/A2470/7028 – Mrs Roper – 2018/0765/PTA

 

During discussion of this item the following points were noted:

 

·         Members asked whether the Council would be liable if any damage was caused to person or property by falling branches of a tree that the Council had refused permission to be felled. The Planning Officer explained to Members that the Forestry Officer would have examined the tree and offered to email members a precis of his report.

 

RESOLVED:

 

Members resolved to NOTE the contents of Report No. 221/2018

449.

ANY OTHER URGENT BUSINESS

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

Minutes:

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

 

 

 

 

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The Chairman declared the meeting closed at 8.06pm.

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