Agenda and draft minutes

Planning and Licensing Committee - Tuesday, 23rd November, 2021 6.00 pm

Venue: Council Chamber, Catmos, Oakham - The audio of the meeting can be listened to at https://us06web.zoom.us/j/98514677932

Contact: Tom Delaney  01572 720993

Media

Items
No. Item

1.

APOLOGIES

To receive any apologies from Members.

Minutes:

Apologies for absence were received from Councillor D Blanksby.

 

2.

MINUTES pdf icon PDF 286 KB

To confirm the minutes of the Planning and Licensing Committees held on 4 October, 19 October, 2 November 2021.

Additional documents:

Minutes:

Consideration was given to the minutes of the meetings held on 2 October, 19 October and 2 November 2021.

 

RESOLVED

That the minutes of the meetings held on 2 October, 19 October and 2 November 2021 be APPROVED.

 

3.

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:

Councillor G Brown declared a non-pecuniary interest item 6 – Planning Applications, application 2020/0059/FUL having previously employed a neighbour to the site as a carpenter.

 

Councillor A Brown declared a non-pecuniary interest in item 6 – Planning Applications, application 2021/0816/FUL as his recent application for a similar proposal was referenced in the officer’s report.

 

Councillors A Brown, N Begy and W Cross declared non-pecuniary interests in item 6 – Planning Applications, application 2021/0698/FUL, as family members had attended Brooke Priory School as pupils, and Councillor Cross declared a further interest as a family member had also been previously employed by the school as a teacher. 

 

Councillor P Browne declared a pecuniary interest in item 6 – Planning Applications, application 2021/0698/FUL as a close friend of the applicant and that he would take no part in the debate, discussion, or vote on the application.

 

Councillor E Baines declared a pecuniary interest in item 6 – Planning Applications, application 2021/0698/FUL, due to knowing the applicant, and confirmed that we would leave the meeting for consideration of the item and Councillor N Begy would take the Chair.

 

4.

PETITIONS, DEPUTATIONS AND QUESTIONS

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

 

To request to speak at a Planning Committee, please send an email to

Governance@rutland.gov.uk

Minutes:

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

 

In relation to item 6 – Planning Applications, application 2020/0059/FUL, David Joyce would be speaking as a member of the public opposed to the recommendation, Andrew Johnson would be speaking on behalf of Morcott Parish Council, and Duncan Hartley would be speaking as the agent.

 

In relation to item 6 – Planning Applications, application 2021/0698/FUL, David Norell would be speaking as a member of the public in support of the recommendation and Karen Brightman would be speaking as the agent.

 

In relation to item 6 – Planning Applications, application 2021/0816/FUL, Richard Lees would be speaking as a member of the public opposed to the recommendation, Councillor S Harvey would be speaking as the Ward Member, and Richard Evans would be speaking as the applicant.

 

5.

PLANNING APPLICATIONS

Minutes:

The Chair set out that he would be varying the order of business so that the Committee would first consider Planning Application 2021/0816/FUL so that the Ward Member could speak prior to a further engagement, and the remaining business would be considered in the order set out on the agenda.

 

Report No.163/2021 was received from the Strategic Director of Places.

 

Item 4 – 2021/0816/FUL – Land to the South of Teigh Road, Market Overton. Proposed construction of 2 no. dwellings, new vehicular access and associated works including demolition of existing buildings and foul water disposal.

 

(Parish: Market Overton; Ward: Cottesmore)

 

Paul Milne, Planning Officer, addressed to Committee and gave an executive summary of the application, recommending refusal subject to the conditions set out in the report.

 

Prior to the debate, the Committee received deputations from Richard Lees as a member of the public opposed to the application, Councillor S Harvey as the Ward Member, and Richard Evans as the applicant. The Committee also had the opportunity to ask questions of these speakers with Richard Evans supported by Roy Hammond as the agent for the application.

 

In response to a query raised by a Member asking why the original Class Q building was not built in materials that were now being proposed to enable the building to be in keeping with its surroundings, Roy Hammond stated that the building was not capable for the level of load required and this would have resulted in new structural works which would not have been in line with permitted development rules.

 

In response to a query raised by a Member as to why the development had been reduced from 3 dwellings to 2, Richard Evans stated that 2 dwellings was an optimal use for the size of the land, and this would retain the sympathetic rural Rutland development that was desired.

 

Speaking as Ward Member, Councillor A MacCartney stated that the Ward and Market Overton Parish Council were very much in favour of the application.

 

In response to queries from Members around the Class Q policies and previous applications being approved, Justin Johnson, Development Manager stated that a similar previous application in Thistleton was approved, and this was due to the buildings proposed being on a smaller footprint. The Planning Officer had been in contact with the applicant and discussed the need for the building footprints to be reduced but the applicant had refused to submit amended plans to this effect. The Development Manager affirmed that the recommendation was refusal as outlined within the report but if the applicant wanted to negotiate a slightly reduced scheme, then this could be a more appropriate way forward.

 

In response to a question from a Member regarding the inclusion of carports and whether these should not be included if there were no CIL contributions, Sherrie Grant, Planning Solicitor stated that from looking at the Design Code there was no reason as to why carports could not be included within the footprint when looking at the overall  ...  view the full minutes text for item 5.

6.

GAMBLING ACT 2005 - STATEMENT OF PRINCIPLES pdf icon PDF 280 KB

To receive Report No. 162/2021 from the Strategic Director of Places.

Additional documents:

Minutes:

Report No. 162/2021 was received from the Strategic Director of Places. Gareth Brighton, Licensing and Business Manager at Peterborough City Council, presented the report. The purpose of the report was to seek approval of the draft Statement of Principles and to seek the Committee’s recommendation to Council for adoption at the meeting on 13 December 2021.

It was moved by Councillor W Cross that the report be approved. This was seconded and upon being put to the vote, with 11 votes in favour the motion was unanimously carried.

RESOLVED:

That the Committee:

1)    APPROVED the proposed revised draft Gambling Act 2005 Statement of Principles, as attached at Appendix D; and

RECOMMENDED, the formal adoption of the proposed Gambling Act 2005 Statement of Principles for Rutland County Council at the meeting of the Council on 13 December.

7.

PLANNING APPLICATIONS pdf icon PDF 5 KB

To receive Report No. 163/2021 from the Strategic Director of Places.

Additional documents:

Minutes:

Item 2 – 2020/0059/FUL – Land on the North East side of Pingle Lane, Morcott. Erection of dwelling in line with Para 80 NPPF.

 

(Parish: Morcott; Ward: Braunston and Martinsthorpe)

 

Nick Hodgett, Principal Planning Officer, addressed the Committee and gave an executive summary of the application, recommending approval subject to the conditions set out in the report and addendum.

 

Prior to the debate, the Committee received deputations from David Joyce as a member of the public opposed to the application, Andrew Johnson on behalf of Morcott Parish Council and Duncan Hartley as the agent. The Committee also had the opportunity to ask questions of these speakers.

 

Duncan Hartley confirmed, as set out in paragraph 72 of the report that a verbal agreement was in place between 2 parties for construction traffic on the development to be routed from the north via Glebe Road. Sherrie Grant, Planning Solicitor confirmed that the lack of a written agreement would not be considered a material consideration to consider refusing the application as this was a civil matter. Justin Johnson, Development Manager stated that there were conditions outlined within the addendum whereby development could not commence until a Construction Management Plan was provided and construction access would only be used via Glebe Road as indicated on the approved plans.

 

Councillor W Cross, as Ward Member set out that having visited the site his view was that due to the impact on the pasture land and the stream and the comments received that the development was not suitable for the site proposed and he would not be able to support the application.

 

During the debate several Members praised the exceptional quality of the proposed development but some highlighted that the development could not be seen therefore would not enhance the immediate setting. In the NPPF it stated that outstanding or innovative designs should fit in with the overall form and layout of the surroundings and due to the development being adjacent to listed buildings and not remote, this was not the case.

 

Several Members raised concerns regarding the archaeological aspect of the site, the access to the site from Glebe Road due to its blind spots and narrow points and the location of the proposed development.

 

It was moved by Councillor P Browne that the application be approved subject to the conditions in the report and addendum. This was seconded and upon being put to the vote with 5 votes in favour and 5 against the vote was tied. The Chair then used his casting vote to defeat the motion.

 

It was moved by Councillor K Bool that the application be refused based on the reasons outlined by Councillor G Brown in the debate. This was seconded and upon being put to the vote and with 5 votes in favour and 5 against the vote was tied. The Chair then used his casting vote to carry the motion.

 

RESOLVED:

 

That application 2020/0059/FUL for the following reasons, with the exact wording to be agreed with Councillors G  ...  view the full minutes text for item 7.

8.

APPEALS REPORT pdf icon PDF 212 KB

To receive Report No. 164/2021 from the Strategic Director of Places.

Minutes:

Report No. 164/2021 was received from the Strategic Director of Places. Justin Johnson, Development Manager, presented the report which listed the appeals received since the 19 October 2021 meeting of the Planning & Licensing Committee and summarised the decisions made.

 

RESOLVED

 

That the Committee NOTED the contents of this report.

 

9.

ANY OTHER URGENT BUSINESS

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

Minutes:

There were no items of urgent business.