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

After 10.00am: 12, 10, 6, 8, 7, 9 and 11

After 1.30pm: 15, 13, 14 and 16

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

The Chairman reminded Councillors and members of the public that the meeting would be filmed and available for viewing on the Council’s website.

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

Subject to declarable interests all Members of the Committee have the right to vote on all matters of business considered by the Committee.

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

The Chairman, under Part E3 paragraph 9.2 has a second or casting vote should there be equal numbers of votes for and against an item.  This provision makes it quite clear that the Chairman is entitled to vote on any item of business.  There is no restriction or limitation on how the second or casting vote should be exercised nor is 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 11 November 2015.

(previously circulated)

RESOLVED

that the Minutes of the meeting of the Development Management Committee held on the 11 November 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.

RESOLVED

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.

Address:       Church of Saint Mary Magdalen, Church Road, Westoning

Erection of single storey building for Parish Room with support facilities and associated landscaping in the church yard.

Applicant:     Mr P Little

RESOLVED

that Planning Application No. CB/15/03253/FULL relating to Church of Saint Mary Magdalen, Church Road, Westoning be approved, with an additional condition relating to a parking strategy and Traffic Regulation Order, as set out in the Schedule appended to these minutes.

Address:       Land off Marston Road, Lidlington, Bedford, MK43 0UQ

Residential development of 31 dwellings, including vehicular access, pedestrian and cycle links, public open space, car parking, landscaping, drainage and associated works.

Applicant:     BDW Trading Ltd and Henry H Bletsoe & Sons LLP

RESOLVED

that the Planning Application No. CB/15/02258/FULL relating to Land off Marston Road, Lidlington, Bedford MK43 0UQ be deferred for up to two cycles to allow for further discussion.

Address :      Land North of Flexmore Way, Station Road, Langford

Residential development of 43 dwellings, vehicular access, pedestrian and cycle links, public open space, car parking, landscaping, drainage and associated works.     

Applicant :    David Wilson Homes (South Midlands)

RESOLVED

that Planning Application No. CB/15/02419/FULL relating to Land North of Flexmore Way, Station Road, Langford be deferred for one cycle to seek clarification on housing land supply issues.

Address :      Riveroaks, Stanford Lane, Clifton

Removal of condition 5 to planning permission CB/14/04317/FULL: (Change of use and provision of 5 No. pitch travellers site).               

Applicant :    Mr and Mrs Porter

RESOLVED

that Planning Application No. CB/15/03751/VOC relating to Riveroaks, Stanford Lane, Clifton be delegated to the Development Infrastructure Group Manager to refuse the application for the reasons set out in the Schedule appended to these Minutes.

Address :      Former Pig Unit, Hitchin Road, Stotfold, Hitchin, SG5 4JG

Erection of 131 dwellings with access, parking, landscaping, open space and associated works.

Applicant :    Lochailort Stotfold Ltd

RESOLVED

that Planning Application No. CB/15/03182/FULL relating to Former Pig Unit, Hitchin Road, Stotfold, Hitchin SG5 4JG be approved as set out in the Schedule appended to these Minutes.

Address:       Westbury, Deepdale, Potton, Sandy SG19 2NH

Erection of a detached dwelling and detached garage on land that currently forms part of the existing curtilage of Westbury.

Applicant:     Mrs Crossman

RESOLVED

that Planning Application No. CB/15/03767/FULL relating to Westbury, Deepdale, Potton, Sandy SG19 2NH be refused for the reasons as set out in the Schedule appended to these Minutes.

Address:       High Gables Farm, Clophill Road, Maulden

Outline Planning application for permission for single storey residential dwelling for retirement purposes on site of former agricultural building.

Applicant:     Mr S & Mrs R Lowe

RESOLVED

that Planning Application No. CB/15/03296/OUT relating to High Gables Farm, Clophill Road, Maulden be refused for the reasons set out in the Schedule appended to these Minutes.

Address:       Land rear of 30 – 32 Markyate Road, Slip End, Luton LU1 4BX

Two new houses with garages.

Applicant:     Burgundy Developments Ltd

RESOLVED

that Planning Application No. CB/15/03779/FULL relating to Land rear of 30 – 32 Markyate Road, Slip End, Luton LU1 4BX be refused for the reasons as set out in the Schedule appended to these Minutes.

Address:       Hadrian Academy, Hadrian Avenue, Dunstable LU5 4SR

Construction of a130m2 first floor extension above the existing administration block, and internal reconfiguration of the ground floor administration area.

Applicant:     Hadrian Academy

RESOLVED

that Planning Application No. CB/15/03807/FULL relating to Hadrian Academy, Hadrian Avenue, Dunstable be approved as set out in the Schedule appended to these Minutes.

Address:       Hadrian Academy, Hadrian Avenue, Dunstable, LU5 4SR

Construction of two new out of school classrooms, new WCs and storage rooms, an extension to the existing dining room and formation of a covered courtyard.

Applicant:     Hadrian Academy

RESOLVED

that Planning Application No. CB/15/03920/FULL relating to Hadrian Academy, Hadrian Avenue, Dunstable be approved as set out in the Schedule appended to these Minutes.

The report proposes that a Definitive Map modification order be made to add a public footpath to the Definitive Map and Statement through the Crown Hotel and its rear yard between High Street and Church Street, Biggleswade. It is also proposed that enforcement action be taken to remove security fencing that obstructs the bridleway to enable free use of the bridleway ahead of a legal order being made.

The Committee considered the report which proposed that a Definitive Map modification order be made to add a public footpath to the Definitive Map and Statement through the Crown Hotel and its rear yard between High Street and Church Street, Biggleswade.  The Committee was also asked to consider enforcement action be taken to remove security fencing that obstructed the bridleway to enable free use of the bridleway ahead of a legal order being made.

The Committee determined at the meeting held on 24 June 2015 that the evidence should be considered by Counsel and the item deferred until this was received.  Counsel’s opinion has now been received as follows:

“It is my view that the evidence submitted in connection with the Application, considered together with the results of enquiries / investigations undertaken by Council officers, is such as to trigger the statutory obligation imposed by section 53(2) and section 53(3)(c)(i) of the 1981 Act.  Specifically, I consider that the evidence demonstrates that a right of way which is not shown on the Definitive Map is reasonably alleged to subsist over the Crown Hotel yard, and that as such the Council is obliged to make a Modification Order in respect of the Definitive Map to provide its amendment.  I consider that right of way in question is a footpath.”

The Senior Definitive Map Officer confirmed that the subsistence of a bridleway could not be reasonably alleged and would therefore not be part of the Order.

The Committee were satisfied with the Counsel’s Opinion and agreed to follow his recommendation.

RESOLVED

1.         that the making of a definitive map modification order under Section 53(2) of the Wildlife and Countryside Act 1981 consequent upon the discovery of evidence that shows that it is reasonable to allege under Section 53(3)(c)(i) of the 1981 Act that a public right of way on foot subsists through the curtilage of the Crown Hotel, Biggleswade between points A – B on the map at Appendix A, be approved.

2.         that the taking of unilateral action by the Council under Sections 143 and 137 of the Highways Act 1980, if necessary, to open up the route through the curtilage of the Crown Hotel in accordance with the Council’s published Enforcement Policy for public rights of way with reasonable costs being recovered from the owners, JD Wetherspoon.

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

Monday 4 January 2016. 

RESOLVED

that all members of the Committee be invited to conduct site inspections on Monday 4 January 2016.

In advance of consideration of the above 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 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.