To confirm the minutes of the Development Control and Licensing Committee held on 4 August 2015.

RESOLVED:

That the minutes of the Development Control and Licensing Committee held on 4 August 2015 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 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.

In accordance with Procedure Rule 93(5) the following late question had been received: 

·         In relation to Agenda Item 6, application 1, 2015/0272/FUL, Abbey Homes, a late question was received from Amanda Bowles.

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.

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

·         In relation to Agenda Item 6, application 1, 2015/0272/FUL, Abbey Homes, a deputation was received from Sara Atkin.

The Chair advised that the order of the agenda would change so that Report No. 159/2015, Planning Enforcement, would be considered after the Development Control Applications in Report No. 157/2015.

To receive Report No. 157/2015 from the Director for Places (Environment, Planning and Transport)

Report No. 157/2015 from the Director for Places (Environment, Planning and Transport) was received.

The Chair advised that Item No. 1 (2015/0272/FUL) All Green Space Around Harrier Close, Cottesmore, would be considered after Items 2 and 3 in the report.

Application to fit Solar P. V. panels to extension roof east facing.

(Ward: Greetham; Parish: Stretton)

Mr Begy spoke as Ward Councillor supporting the integrity of the conservation area.

RESOLVED

2015/0635/LBA In accordance with the recommendations set out within Report No. 157/2015 Item 2, that this application be REFUSED.

Application to fit Solar P.V. panels to roof on extension west facing.

(Ward: Greetham; Parish: Stretton)

Mr Begy spoke as Ward Councillor supporting the integrity of the conservation area.

RESOLVED

2015/0636/LBA In accordance with the recommendations set out within Report No. 157/2015 Item 3, that this application be APPROVED.

A question without notice was received from Amanda Bowles, a summary of which is below:

It is common ground that the proposed development conflicts with the Rutland CSDPD (CS4) and SAPDPD (SP5).  Since the CSDPD and SADPD are both written in accordance with the NPPF, including the presumption in favour of sustainable development, and in 2014 the planning inspector for the SADPD concluded that the exclusion of Harrier Close from the PLD was appropriate in line with the sustainability objectives in the plan, what are the material considerations that mean that the Council should ignore its plan, and the planning inspector, and approve the development?

The Principal Planning Officer responded that the material considerations were set out on pages 20 and 21 of the report.  Officers needed to consider any harm that would be caused by the development and whether this would give rise to any potential reason for refusal.  It was not considered that the development was in open countryside in the normal sense and was to be undertaken on infill plots in an existing development.  The NPPF is a material consideration in itself.  It was considered that in the current political climate, the application was likely to be allowed if appealed. There had been no highways, flooding or residential amenity issues identified.  Since an appeal at a similar site in Greetham earlier this year, it was clear that policy had moved on since the previous appeal on this site in 2007.

A deputation was received from Sara Atkin on behalf of residents of Harrier Close, the content of which is included below:

The residents of Harrier Close ask for your support in our objection to this proposal.  Planning has already been refused several times and this proposal contravenes many County and Village planning policies.

In 2007 an appeal to build 12 houses was dismissed.  In 2012 all 7 sites were rejected and excluded from the Site Allocations and Policies DPD due to ‘not being in or adjacent to the PLD’ and therefore contrary to Core Strategy.

In the Planning Inspectorate Report to RCC in August 2014, Peter Willow states: “While I accept that the area cannot be properly regarded as countryside, its exclusion from the PLD is appropriate, in line with the sustainability objectives of the Plan”.

This is why the sites are not included in the Site Allocations and Policies DPD – Preferred Options or the Emerging Neighbourhood plan.  The Neighbourhood Plan is rightly recognised as a material consideration in the assessment but has been given little weight.  Given that it is inline on these points with RCC policy it is surely premature to consider this application with a referendum likely to happen soon.  This is particularly strange given that the assessment seems to be giving weight to a Government statement about the future direction of planning which at this stage has absolutely no policy content.

In addition, the inspector’s report in Mach 2015 regarding Greetham garden centre concluded that there is a 5 year supply of  ...  view the full minutes text for item 193.

To receive Report No. 159-2015 from the Director for Places (Environment, Planning and Transport)

NB. Report No. 159/2015 contains exempt information.  Should detailed discussion take place, Members might wish to consider the exclusion of the public and press in accordance with procedure rules.

In accordance with Procedure Rule 239(2) the Committee agreed that the public and press be excluded from the meeting during consideration of Report No. 159/2015 as exempt information relating to paragraphs 1, 2 and 7 of Part 1 of Schedule 12 A of the Local Government Act 1972 may be discussed during debate.  In accordance with Procedure Rule 239(5) the Committee consented that Mr Gale was able to remain in the attendance during consideration of the report.

The meeting moved to exempt session.

The Committee was asked to consider enforcement action in relation to unauthorised development at Armley Lodge Farm.

It was officer’s recommendation that enforcement action be taken.  The Planning Enforcement Officer provided an overview of the report.

RESOLVED

159/2015 In accordance with the recommendation set out within the report that enforcement action be taken.

Following debate the meeting returned to public session.

To receive Report No. 158/2015 Appeals Report from the Director for Places (Environment, Planning and Transport)

Report No. 158/2015 from the Director of Places (Environment, Planning and Transport) was received.

RESOLVED

That the contents of Report No. 158/2015 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.

DECISION SUMMARY, 1 SEPTEMBER 2015