Agenda and minutes

An apology for absence was received from Councillor Mrs Kaberry-Brown.

Members are asked to declare an interest in matters for consideration at the meeting

The following interests were declared:-

Councillor Exton – personal interest in application PL4, under the Members’ Code of Conduct, and further under the Probity in Planning Code of Guidance, to avoid the impression of pre-determination or bias towards the application, in view of his membership of the County Council, and the application being a County matter.

Councillor Mrs Smith – personal and prejudicial interest in application JJ1, under the Members’ Code of Conduct, and further under the Probity in Planning Code of Guidance, to avoid the impression of pre-determination or bias towards the application, in view of her membership of the Board of the Elsea Park Trust.

   (Enclosure)

The minutes of the meeting held on 12 October 2010 were approved as a correct record of decisions taken. 

To consider applications received for the grant of planning permission – reports prepared by the Case Officer

                                                          (Enclosure)

Decision:-

To determine applications, or make observations, as listed below:-

PL1

Application ref:                     S09/2864/OUT

Description:                           Erection of two dwellings (Departure from the Development Plan)

Location:                                Gordon House Farm, 15, Back Lane, Claypole, Newark, NG235AA

Decision:                            Approved

Noting no objection from the Highway Authority or Environment Agency, comments from Environmental Protection, Upper Witham Internal Drainage Board and Planning Policy and representations from local residents with regard to the original and amended plans, and comments made by members at the meeting.

(1.10 pm – Councillor Sam Jalili entered the meeting).

(1.14 pm – Councillor Turner entered the meeting).

It was proposed, seconded and agreed that the application be approved, subject to the summary of reasons set out by the Case Officer, and subject also to the following conditions:-

1.                No development shall commence until final details of the materials to be used in the construction of external walls and roofs have been submitted to and agreed in writing by the Local Planning Authority.  Only the agreed materials shall be used in the development.

2.                The development hereby permitted shall be commenced before the expiration of three years from the date of this permission or two years from the approval of the last of the reserved matters, whichever is the later.

3.                Details of the reserved matters set out below shall be submitted to the Local Planning Authority for approval within three years from the date of this permission:

(a) layout;
(b) appearance; and
(c) landscaping.

Approval of all reserved matters shall be obtained from the Local Planning Authority in writing before any development is commenced.

4.                No development shall take place before the detailed design of the arrangements for surface water drainage/flood risk has been agreed in writing by the Local Planning Authority and no building shall be occupied before it is connected to the agreed drainage system.

5.                When application is made for approval of the 'reserved matters', that application shall show details of arrangements to enable a motor vehicle to turn within the site so that it can enter and leave the highway in forward gear.

6.                When application is made for approval of the reserved matters, that application shall show details of the proposed dwellings to be two storey only with no accommodation within the roofspace.

7.                 No development shall take place until there has been submitted to and approved in writing by the local planning authority a plan indicating the positions, design, materials and type of boundary treatment to be erected.  The boundary treatment shall be completed before the buildings are occupied.  Development shall be carried out in accordance with the approved details.

KJC1

Application ref:                      S10/1040/FULL

Description:                           Erection of two single storey dwellings

Location:                                6, School Lane, Claypole, Newark, NG235BQ

Decision:                                Approved

Noting no objection from the Highway Authority or Parish Council, comments from the Internal Drainage Board and Planning Policy, objections from nearby residents with regard to the original plan, and as a  ...  view the full minutes text for item 59.

Report No. PLA854 from the Enforcement Officer

(To follow)

Decision:-

That with regard to the unauthorised development at land adjacent to Fallows End, Fulbeck Lowfields, the enforcement action be continued by way of injunctive and prosecution proceedings, and that the site’s residents be kept informed.

The Planning Enforcement Officer presented his report PLA854 in relation to enforcement action taken and proposed in relation to the land adjacent to Fallows End, Fulbeck Lowfields.  Also circulated to members at the meeting was an addendum containing a summary of the educational needs of children at the site, and the comments of the Section 151 Officer.

The report contained a number of background papers as appendices, including full details of three previous applications; the full decision of the Planning Inspector from February 2010; results of a Welfare Needs Audit and an Equality Impact Assessment.

A lengthy discussion ensued, during which Members particularly noted that a decision was required as to whether to continue with the enforcement action, or suspend it pending the outcome of a new planning appeal, which was due to be heard early in February 2011.  It was proposed and seconded that the enforcement action be continued by way of injunctive and prosecution proceedings, and that the site’s residents be kept informed.

The Legal Executive reminded Members that, before voting on the proposition, it was important they had taken on board everything in the report, but in particular paragraphs on page 4 (in relation to costs) and page 9 (in relation to the comments of the Section 151 Officer).  Further comments were made in relation to the change in circumstances in relation to the welfare reports, but it was considered that these were outweighed by other considerations.

After further discussion, the proposition was put to the vote and agreed.

(As the meeting had lasted for 3 hours, in accordance with Council procedure rule 9, the Committee voted for the meeting to continue).

Report No. PLA853 by the Acting Lead Professional.

                                                                  (Enclosure)

The Acting Lead Professional submitted his report PLA853 listing details of applications not determined within the eight week time period.  Also submitted was a list of applications dealt with under delegated powers and a planning appeals update.

Decision:-

That condition 21 of planning application S08/1231/EIAOL be varied as follows:

No more than 750 dwellings shall be completed or occupied until the required railway bridge to link to Pennine Way shall be constructed and brought into use in accordance with details to be submitted to and approved in writing by the local planning authority.

The Acting Lead Professional circulated to Members present at the meeting a short report containing the wording of existing condition 21 of planning permission S08/1231/EIAOLand a proposed variation.  He said that the amended wording had been discussed and agreed with the developers.  A meeting with the County Council was planned to tie up remaining items on the Section 106 agreement.  It was expected that the agreement would be completed by early December.  It was proposed, seconded and agreed that the proposed variation be agreed.

Decision:-

That with regard to the Section 106 agreements for planning applications S10/0934, S09/2397 and S10/1076, the period for signing of the agreements be extended to the 31^st December 2010; and that the offer of a variation to S10/1076 be not agreed.

The Principal Planning Officer circulated to Members present at the meeting a report on Section 106 agreements. He said that the above applications had been approved subject to the Section 106 agreements being completed within 6 weeks, as was now policy.  However, and following discussions with the Chairman and Vice-Chairman, it was considered that there were extenuating circumstances as to why the agreements had not been completed within the required 6 week period. 

With regard to the agreement for S10/1076, the applicants had offered to increase the affordable housing provision from four to five dwellings on the basis that there would be a reduction in other Section 106 contributions.  After discussion it was proposed, seconded and agreed that the period for signing the Section 106 agreements be extended until the 31^st December 2010, but that the offer of a variation to S10/1076 be not agreed.

The meeting closed at 4.30 pm.