Agenda and minutes

Agenda and minutes

Venue: Council Chamber, Priory House, Monks Walk, Shefford

Contact: Helen Bell  0300 300 4040

Items
No. Item

59.

Chairman's Announcements

If any

Minutes:

 

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

 

The Chairman advised that the order of business would not be varied at this meeting.

 

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.

 

The Chairman advised that the meeting was being filmed and was being web cast.

 

 

 

60.

Minutes

To approve as a correct record, the Minutes of the meeting of the Development Management Committee held on  14 September 2016

 

(previously circulated)

 

Minutes:

 

RESOLVED

 

that the Minutes of the meeting of the Development Management Committee held on the 14 September 2016 be confirmed and signed by the Chairman as a correct record.

 

 

61.

Members' Interests

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.

Minutes:

 

(a)

Personal Interests:-

Member

Item

Nature of Interest

Present or Absent during discussion

Cllr Blair

10

Know the applicant

Present

Cllr Ghent

6 & 7

Know members of Town Council present

 

Present

 

 

Cllr Matthews

6, 9 & 10

Know of Public Speakers in capacity as former Portfolio Holder for Planning

 

Present

 

Cllr Matthews

10

Have met applicant on a number of occasions and spoke on behalf

Present

 

Cllr young

6 & 7

Know members of The Ashton Foundation and met with developers. Personally know Public Speakers.

 

Present

(b)

Personal and Prejudicial Interests:-

None declared.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(c)

Prior Local Council Consideration of Applications

 

 

 

 

None declared.

 

 

 

 

62.

Planning Enforcement Cases where formal Action Has Been Taken pdf icon PDF 48 KB

To consider the report of the Director of Regeneration and Business providing a monthly update of planning enforcement cases where action has been taken covering the North, South and Minerals and Waste.

Additional documents:

Minutes:

 

AGREED

 

that the monthly update of planning enforcement cases as identified in the report where formal action had been taken were received.

 

 

63.

Planning Application No. CB/1/03188/FULL pdf icon PDF 116 KB

 

Address:       Ashton Middle School, High Street North, Dunstable, LU6 1NH

 

Conversion and refurbishment of Grade II listed former school building and associated curtilage listed buildings to form apartments comprising: Main School - 7No.1-bedroom and 12No. 2-bedroom apartments; Science Block - 4No.2-bedroom and 2No.1-Bedroom; Gymnasium - 5No. dwellings. Associated refuse, cycle storage, open space and landscaping proposals. Demolition of other modern curtilage listed buildings and extensions. Erection of new dwellings and apartments including: 3No. 4-bed houses fronting Ashton Road; 17No 3-bedroom houses; 23No. 1-Bedroom and 40No. 2-bedroom apartments. Vehicular and pedestrian access via High Street North and further pedestrian access via Ashton Road and Dog Kennel Path

 

Applicant:     Trustees of the Ashton Foundation

 

 

 

 

Additional documents:

Minutes:

 

RESOLVED

 

that Planning Application no. CB/1/031188/FULL relating to Ashton Middle School, High Street North, Dunstable, be approved subject to the completion of a section 106 agreement as set out in the Schedule appended to these Minutes.

 

 

64.

Planning Application No. CB/16/03189/LB pdf icon PDF 115 KB

 

Address:       Ashton Middle School, High Street North, Dunstable LU6 1NH

 

Full Planning and Listed Building Applications: Conversion and refurbishment of Grade II listed former school building and associated curtilage listed buildings to form apartments comprising: Main School - 7No.1-bedroom and 12No. 2-bedroom apartments; Science Block - 4No.2-bedroom and 2No.1-Bedroom; Gymnasium - 5No. dwellings. Associated refuse, cycle storage, open space and landscaping proposals. Demolition of other modern curtilage listed buildings and extensions. Erection of new dwellings and apartments including: 3No. 4-bed houses fronting Ashton Road; 17No 3-bedroom houses; 23No. 1-Bedroom and 40No. 2-bedroom apartments. Vehicular and pedestrian access via High Street North and further pedestrian access via Ashton Road and Dog Kennel Path

 

Applicant:     The Weston Group Business Centre

 

 

Additional documents:

Minutes:

 

RESOLVED

 

that Planning Application no. CB/16/03189/LB relating to Ashton Middle School, High Street North, be approvedsubject to no materially new issues being raised by consultation responses as set out in the Schedule appended to these Minutes.

 

 

65.

Planning Application No. CB/16/03232/FULL pdf icon PDF 42 KB

 

Address:       54 Mill Lane, Greenfield, Bedford MK45 5DF

 

Subdivision of the existing plot to erect a detached dwelling and associated curtilage.

           

Applicant:     Mr N Brown

 

 

Additional documents:

Minutes:

 

RESOLVED

 

that Planning Application no. CB/16/03232/FULL  relating to 54 Mill lane, Greenfield, be approved as set out in the Schedule appended to these Minutes.

 

 

66.

Planning Application No. CB/16/02172/FULL pdf icon PDF 30 KB

 

Address:       Lynmore House, Sharpenhoe Road, Sharpenhoe, Bedford, MK45 4SU

 

Formation of in-out drive with hardstand and landscaping in front of Lynmore House, including diversion of existing public footpath.

 

Applicant:     Mr Dawkins

 

 

Additional documents:

Minutes:

 

RESOLVED

 

that Planning Application no. CB/09/05154/TP relating to Lynmore House, Sharpenhoe Road, Sharpenhoe be refused as set out in the Schedule appended to these Minutes.

 

 

67.

Update on Footpath No.28 pdf icon PDF 159 KB

To consider legal advice relating to a Committee resolution made by Development Management Committee in 2013, on Footpath No.28, in light of the outcome of two public enquiries.

 

Additional documents:

Minutes:

 

The Committee received and considered a report of the Assistant Director of Highways, which provided an update on the recent involvement of the Secretary of State for Environment, Food and Rural Affairs and the courts in the attempt to extinguish and delete Footpath No 28.

 

The report also advised of legal comment and advice from the Secretary of State’s decisions and summarised the opinion sought on the merits of applying to the Magistrates Court for a ‘stopping up’ order.

 

The Committee received detailed advice from Counsel on the updates outlined in the report.

 

RESOLVED

 

 

1.      That in light of advice contained within the report of the Assistant Director of Highways, the decision made on 13 February 2013 to apply to the Magistrates Court under Section 116 of the Highways Act 1980 for a court order stopping up Maulden Footpath No.28 be rescinded.

 

2.      That no further action be taken to remove Maulden Footpath No. 28 unless one of the following specific criteria is met:

 

(a)  That there is a very significant change in the layout out of Maulden Bridleway No.24 that permits the separation of vehicular and non-vehicular traffic and consequently could allow the consideration of a new application under S.118 of the Highways Act 1980 to extinguish the footpath.

(b)  That there is an application for substantial development that necessitates the extinguishment of Maulden Footpath No.28 to enable that development to take place.  An application to extinguish the footpath under S.257 of the Town and Country Planning Act 1990 could then be considered with the condition that any extinguishment order be revoked if no development takes place before consent expires

(c)  That new cogent evidence that is significantly different to that already considered is received by the Council as part of a new definitive map modification order application to delete Maulden Footpath No.28.

 

 

68.

Site Inspection Appointment(s)

 

Under the provisions of the Members Planning Code of Good Practice, Members are requested to note that the next Development Management Committee will be held on 9 November 2016 and the Site Inspections will be undertaken on 7 November 2016.

 

 

Minutes:

 

RESOLVED

 

That all Members and Substitutes of Development Management Committee be invited to conduct site inspections to be undertaken on Monday 7 November.

 

 

 

 

69.

Late Sheet pdf icon PDF 119 KB

Additional documents:

Minutes:

 

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.