The Chairman read out a statement which informed the meeting that, following the Inspector’s letter indicating that Central Bedfordshire Council had failed the Duty to Co-operate in relation to the Development Strategy, Full Council had approved a judicial challenge to the Secretary of State for Communities and Local Government.  The first phase of the judicial challenge had taken place at a hearing on 16 June but the Judge had not supported the Council’s case to grant the Council leave to appeal.  As a result the Council had lodged an appeal against the judgement and the weight accorded to the Development Strategy in decision making should be viewed in that context.

The Chairman next referred to Item 7 (Application No. CB/15/0111/FULL relating Larkswood Ltd, Bedford Road, Aspley Guise, Milton Keynes, MK17 8DJ) and sought deferral of this item for one cycle to allow the related Heritage Statement to be published on the Council’s website.  The Committee was advised by the Chairman that it would be unsafe to proceed with determination of the application without prior publication of this document.  The Committee resolved that consideration of the item be deferred as requested.  Note: Minute DM/15/23 below also refers.

Councillors and members of the public were advised by the Chairman that the order of business would be varied and considered as follows:

After 10:00am items 6, 11, 9 and 10

After 12.00pm items 8, 13 and 12

The Chairman reminded Councillors and members of the public to silence their mobile phones for the duration of the meeting.

The Chairman advised that a site inspection had been undertaken by most members of the Committee in respect of most of the applications on the agenda.

It was noted that:

·         subject to declarable interests, all members of the Committee had the right to vote on all matters of business considered by the Committee.

·         Rule No. 13.5.5. of the Constitution stated that Members could not vote or take part in the meeting’s discussions on a proposal unless they had been present to hear the entire debate, including the officer’s introduction to the matter.

·         the Chairman, under paragraph 9.2 of Part E3 of the Constitution had a second or casting vote should there be equal numbers of votes for and against an item.  This provision made it quite clear that the Chairman was entitled to vote on any item of business.  Further, there was no restriction or limitation on how the second or casting vote should be exercised nor was there a requirement that the right be exercised at all.

To approve as a correct record, the Minutes of the meeting of the Development Management Committee held on 27 May 2015.

(previously circulated)

RESOLVED

that the Minutes of the meeting of the Development Management Committee held on 27 May 2015 be confirmed and signed by the Chairman as a correct record.

To receive from Members any declarations of interest including membership of Parish/Town Council consulted upon during the application process and the way in which any Member has cast his/her vote.

AGREED

that the monthly update of planning enforcement cases where action has been taken, as identified in the report of the Director of Regeneration and Business, be received.

In advance of consideration of the following planning applications the Committee received a Late Sheet advising it of additional consultation/publicity responses, comments and proposed additional/amended conditions.  A copy of the Late Sheet is attached as an appendix to these minutes.

During consideration of some of the applications the Committee received representations from members of the public in accordance with the Public Participation Procedure as set out in Annex 3 of Part A4 of the Constitution.

Address :      Larkswood Ltd, Bedford Road, Aspley Guise, Milton Keynes MK17 8DJ

                        Part demolition of existing buildings, erection of 10 dwellings and retention of existing office building on site frontage.   

Applicant :    RBC Property Developments Ltd

This item was deferred for one cycle to allow publication of the Heritage Statement on the Council’s website.

(Note: Minute DM/15/18 above also refers).

Address :      Land at Moreteyne Farm, Wood End, Marston Moreteyne, Beds

                        Residential development of land to provide up to 365 dwellings, including affordable housing, landscaping, public open space, children’s play areas and associated infrastructure, access to be gained from the old A421; up to 0.6ha of land to provide for a care home and up to 0.42ha of land to provide for B1 Business use; and/or A1/A2/A3 uses (gross A1 retail footprint not to exceed500 sqm); and/or D1 (community uses).  Outline (all matters other than access reserved.)      

Applicant :    Hallam Land Management Ltd

RESOLVED

that Planning Application No. CB/15/00209/OUT relating to Land at Moreteyne Farm, Wood End, Marston Moreteyne, Beds be approved, subject to an additional condition in relation the provision of bungalows and a satisfactory S106, as set out in the schedule appended to these minutes.

Address :      Downs Service Station, 3 Tring Road, Dunstable LU6 2PX

                        Change of use from redundant workshop to A1 retail including demolition of the front section of the building to provide additional car parking.        

Applicant :    Platinum Retail Ltd

RESOLVED

that Planning Application No. CB/15/00741/FULL relating to Downs Service Station, 3 Tring Road, Dunstable, LU6 2PX be approved, subject to amending the existing conditions relating to opening and delivery hours and the addition of a new condition regarding wall retention, as set out in the schedule appended to these minutes.

Address :      Land North of Chiltern Green Farm (Lawrence End Park North Herts) Hyde, Luton, LU2 9PN

                        Installation and operation of a solar farm and associated infrastructure, including photovoltaic panels, mounting frames, inverters, transformers, substations, communications building, access tracks, pole-mounted CCTV cameras and fence.        

Applicant :    Lightsource SPV 180

RESOLVED

that Planning Application No. CB/15/01204/FULL relating to Land North of Chiltern Green Farm (Lawrence End Park North Herts) Hyde, Luton, LU2 9PN be approved, subject to amending the existing conditions to remove the requirement for soft landscaping works along a footpath and to replace a plan regarding the proposed layout, as set out in the schedule appended to these minutes.

Address :      Land at Lawrence End Park and to the East of Birch Spring Dane Street, Luton

                        Other Authority Consultation: Installation and operation of a solar farm, associated infrastructure including photovoltaic panels, mounting frames, inverters, transformers, sub stations, communications building, access tracks, pole mounted CCTV cameras and fence (Ref 15/00845/1).

Prior to discussion of Item 10 Cllr Mrs Clark entered the Council Chamber.

Whilst noting that the issue of financial contributions for community benefit was not a material planning consideration Members did, however, express concern over the longevity of the development which would operate over a 30 year period, although financial contributions would be made for only 20 years.

RESOLVED

that a response be sent to North Herts District Council confirming that this Local Planning Authority has no objections to Planning Application No. CB/15/0184/OAC relating to Land at Lawrence End Park and to the East of Birch Spring, Dane Street, Luton as set out in the schedule appended to these minutes.

Adjourned at 12.00 p.m. and reconvened at 12.10 p.m.

Address :      9 Bedford Road, Cranfield, Bedford MK43 0EW

                        First Floor rear extension.

Applicant :    Mr G Lines

Prior to discussion on Item 8 Councillor Mrs Clark left the Council Chamber.

RESOLVED

that Planning Application No. CB/15/001166/FULL relating to 9 Bedford Road, Cranfield, Bedford, MK43 0EW be approved as set out in the schedule appended to these minutes.

Prior to discussion on Item 13 Councillor Mrs Clark entered the Council Chamber.

The Committee considered a report by the Interim Head of Service for Transport Strategy and Countryside Access which proposed that a Definitive Map Modification Order be made to add a public bridleway through the Crown Hotel and its rear yard between High Street and Church Street, Biggleswade to the Definitive Map and Statement.  The report also proposed that enforcement action be taken to remove security fencing obstructing the bridleway to enable free use of the bridleway ahead of a legal order being made.

In advance of consideration of the application the Committee received representations made in accordance with the Public Participation Scheme.  Members then considered in full the information before them, including the legal analysis provided by both the solicitor acting on behalf of J D Wetherspoon plc, as the owners of the Crown Hotel, and the Council’s own legal representative at the meeting.

RESOLVED

that a decision on the proposed Definitive Map modification order to add a public bridleway through the Crown Hotel and its rear yard between High Street and Church Street, Biggleswade to the Definitive Map and Statement be deferred to allow counsel’s opinion on the application to be sought by the Council.

Address :      Meadow Cottage, Cityfield Farm, Arlesey Road, Henlow SG16 6DD

                        Revision to approved extension on previous Planning application No. CB/14/02551/FULL.           

Applicant :    Mr Dixon

Prior to discussion on Item 12 Councillor Dixon left the Council Chamber.

RESOLVED

that Planning Application No. CB/15/01233/FULL relating to Meadow Cottage, Cityfield Farm, Arlesey Road, Henlow, SG16 6DD be approved as set out in the schedule attached as an appendix to these minutes.

Under the provisions of the Members Planning Code of Good Practice, Members are requested to note that Site Inspections will be undertaken on Monday 20 July 2015.

RESOLVED

that all members of the Committee be invited to conduct site inspections on Monday, 20 July 2015.