To receive any announcements from the Chairman and any matters of communication.

The Chairman advised the meeting that the order of business for the planning applications would be as follows:

Items 7, 9, 6, 8.

To approve as a correct record the minutes of the meetings of the Development Management Committee held on 23 May 2018 and 20 June 2018 (copies to follow). 

RESOLVED

that the minutes of the meeting of the Development Management Committee held on 20 June 2018 be confirmed and signed by the Chairman as a correct record.

(Note: The minutes of the meeting held on 23 May 2018 had not been published).

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

To consider the report of the Director of Regeneration and Business which provides a monthly update of planning enforcement cases where action has been taken.

The Chairman advised Members to raise any issues they might have with regard to the planning enforcement cases with the Planning Enforcement and Appeals Team Leader.

Address:       Clifton Farm, Church Street, Clifton, Shefford, SG17 5EX

Outline: Residential development of The Paddocks, Clifton Farm Barns Road, Clifton, SG17 5EX with the erection of 7 detached houses and 7 semi-detached/terraced assisted houses.

Applicant:     The Hale Trust

The Committee had before it a report regarding Planning Application No. CB/18/00192/OUT for a residential development of The Paddocks, Clifton Farm Barns Road, Clifton, SG17 5EX with the erection of 7 detached houses and 7 semi-detached/terraced affordable houses.

Prior to consideration of the application the Chairman reminded Members that the application had been deferred at the June meeting of the Committee (minute DM/18/31 refers) and the reasons for this.  He added that access still did not form part of the application but the report answered some of the concerns expressed by some Members with regard to that issue.

The legal officer confirmed that Members who had voted on the application in June could fully participate in the debate and vote on the item as various clarifications and additional information had been included in the report before them.  The exception to participation was with regard to any Member of the Committee who had predetermined since the June meeting.

The planning officer introduced his report.  In advance of consideration of the application the Committee’s attention was drawn to additional comments and additional consultation/publicity responses as set out in the Late Sheet.

In advance of consideration of the application the Committee received representations from Clifton Parish Council, two objectors (sharing the allocated time) and the applicant under the public participation scheme.  The Parish Council representative responded to a request for clarification.

A ward Member commented as follows:

·         There had been very little change since the application was considered last month regarding the principle of development.

·         There had been a successful appeal regarding the Langford Road application site in Henlow.  The ward Member outlined the reasons given by the Planning Inspector in support of his decision with regard to Policies DM4 and CS16.

·         Significant weight should be given by the Committee to the above appeal decision which wasn’t available to the planning officer when the report on the site off Clifton Farm Barns Road was written.

·         The appeal outcome was consistent with Members being able to reject the application as it was inconsistent with the Council’s current planning policies.

The planning officer responded:

·         The report set out a response to the comments raised regarding the infrastructure, the number of vehicles and local healthcare provision.  Clifton was regarded as a sustainable location for development.

·         The NPPF required the Council to boost the supply of housing in a sustainable way and officers felt that the application represented a sustainable development.

·         Given the location of the site its relation to the existing built form and development on three of its four sides the level of impact on the surroundings did not justify refusal.

·         The site was not part of the emerging Local Plan and had not been brought forward but limited weight was given to that Plan and assessment took place against the current Development Plan and its policies.

·         Whilst contrary to Policy DM4 but in the planning balance the development was considered sustainable.

·         The officer consideration of policy DM4 was consistent with the Inspector’s approach in  ...  view the full minutes text for item 44.

Address:       Land off Kerrison Close, Lidlington, Beds (nearest postcode MK43 0UW)

Outline: Residential development comprising 3 dwellings, with garages and on plot parking.

Applicant:     Mr and Mrs O’Connell

The Committee had before it a report regarding Planning Application No. CB/17/02350/OUT for a residential development comprising three dwellings, with garages and on plot parking at land off Kerrison Close, Lidlington, Beds.

In advance of consideration of the application the Committee’s attention was drawn to additional consultation/publicity responses, additional/amended conditions and additional informatives.

In advance of consideration of the application the Committee received representations from Lidlington Parish Council and the agent for the applicant under the public participation scheme.  The agent responded to a request for clarification.

A ward Member commented as follows:

·         The site was designated as open space and it would set a precedent if building was allowed to take place on it.

·         That if the application was to be approved then conditions should be imposed requiring that the footpaths were open throughout the building works and a contractors’ management plan implemented for such matters as working hours and access in view of the proximity of existing housing.

The planning officer responded:

·         The site was designated in the Local Plan as green space and not as public open space which was why there was no management plan and therefore no enforcement action when it had become overgrown.

·         The rights of way officer had no objection subject to conditions to allow better management of the right of way.  This would be considered under reserved matters.

·         The site layout was indicative so the impact on neighbours would be considered under reserved matters.

·         With regard to the close proximity of the rail line and a previous Inspector’s decision against a development, the pollution officer had been consulted and had no objection subject to conditions under reserved matters looking at the potential impact on the dwellings.

·         The setting of a precedent was questionable given the lack of public access and therefore the level of amenity.  The application should also be considered on its individual merits

·         Given the condition of the site the level of loss was considered acceptable.

The highways officer responded:

·         The proposed refuse collection turning area on the site would enable a fire tender to turn.

·         The Council refuse vehicle would not itself enter as the development would be on private land.

·         The roads in Kerrison Close were not adopted being 4.8m wide with no footpaths so that pedestrians had to walk in the road.  However, there was good visibility for drivers and pedestrians.

·         Crossing the footpath and bridleway was a public right of way issue and the right of way officer had raised no objection.  Cars had access to public rights of way in other parts of Central Bedfordshire.

A second ward Member, who sat on the Committee, commented as follows:

·         If the site was a green space without public access it did not matter if it was underused.

·         If the site was not managed then it encouraged biodiversity.

·         The footpath and bridleway running through the site were both well used, with good surfaces and provided access to the larger green space area nearby.

·         The public right of way  ...  view the full minutes text for item 45.

Address:       Bury Spinney, Thorn Road, Houghton Regis, Dunstable,

LU5 6JQ

Outline: Residential development for up to 100 dwellings with all other matters except access reserved.

Applicant:     C/o agent (Jeremy Peter Associates)

The Committee had before it a report regarding Planning Application No. CB/17/04108/OUT, an outline application for a residential development for up to 100 dwellings with all other matters except access reserved.

The Chairman advised the meeting that the case officer, Alex Harrison, would be leaving the Council in two weeks to work elsewhere.  The Chairman, on behalf of the Committee, thanked Mr Harrison for his efforts and asked that the Committee’s appreciation of his work be recorded.

In advance of consideration of the application the Committee’s attention was drawn to additional consultation/publicity responses, additional comments and additional/amended conditions.

In advance of consideration of the application the Committee received a representation from Houghton Regis Town Council.  The Town Council representative responded to a request for clarification.

The ward Member commented on the following:

·         The difficulty in accessing the site by road.

·         The need for a footpath providing access to the site at the same time as the dwellings were built.

·         The need to designate the 12 dwellings for those aged 55 or over as affordable housing to allow existing tenants to downsize and free up larger Council properties.

·         The slight prematurity of the application given the neighbouring developments had not been started.

The planning officer responded to the points raised:

·         Prematurity was not a reason to refuse the application.

·         The infrastructure present at the time and its delivery was a material planning consideration.

·         There was no time frame for providing facilities at the neighbouring Houghton Regis North (HRN) 1 and 2 sites.

·         The site provided pedestrian links to adjacent sites but they would only link through once the residential parcels of those sites were delivered.

·         A viability assessment justified the low level of affordable housing.  It did not set a precedent so this was not a reason in itself to refuse.

·         There had been successes in delivering accommodation restricted to persons 55 years old and over.

·         The proposed dwellings were for market sale and it was not possible to amend this.

·         The retention of the dwellings for use by the specified age range could be implemented by condition or the Section 106 agreement.  Any change in the permitted age range would require a planning application to the Council.

·         The Section 106 contributions were low as a result of the assessed viability of the application.

·         The nearby Oakwell Park outline application had been refused but the circumstances between the two sites was different.

·         The request for a pedestrian footpath along Thorn Road was met by one of the recommended additional highways conditions set out in the Late Sheet.

·         The ideal approach would have been a holistic delivery with HRN2.  However, a number of parcels of land, including the one before Members, did not form part of HRN2 so these sites would need to be dealt with individually.  It was not a reason for refusal.

The Committee considered the application and, in summary, commented as follows:

·         The site was isolated with no infrastructure or a footpath for children to walk to the nearest  ...  view the full minutes text for item 46.

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

Installation of a 2 metre wide track measuring 210m (Retrospective).

Applicant:     Miss H Bennett

The Committee had before it a report regarding retrospective Planning Application No. CB/18/00735/FULL for the installation of a two metre wide track measuring 210 metres at the Hadrian Academy, Hadrian Avenue, Dunstable, LU5 4SR.  The artificial grass track was located on the perimeter of the school playing field and would be walked by children throughout the year as part of the ‘Daily Mile’ initiative

(Note: At this point in the proceedings Councillor J N Young left the meeting).

In advance of consideration of the application the Committee’s attention was drawn to additional consultation/publicity responses and additional comments.

In advance of consideration of the application the Committee received a representation from the applicant under the public participation scheme.

In clarification regarding the claims of increased noise levels during the day as a result of use of the track the applicant stated that the track was used during PE lessons during good weather and the number of users only increased on Friday mornings before school began when parents joined their children in walking the track.  The earliest use of the track was 8.30 a.m. and the latest 4.15 p.m.  No private use was permitted.

A ward Member welcomed the health benefits from the use of the track whilst acknowledging the concerns from neighbours regarding its location and the noise.  He stated that he had advised the residents that he was sure a compromise could be implemented after the summer holiday.  He had also advised that noise was not a planning issue.

The Committee considered the application and in summary discussed the following:

·         The major health benefits for children and parents from walking the track.

·         That noise was to be expected from a school environment.

On being put to the vote 12 Members voted for approval, 0 voted against and 0 abstained.

RESOLVED

that retrospective Planning Application No. CB/18/00735/FULL relating to the Hadrian Academy, Hadrian Avenue, Dunstable, LU5 4SR be approved as set out in the Schedule attached to these minutes.

To receive and note, prior to considering the planning applications contained in the schedules above, any additional information detailed in the Late Sheet to be circulated on 17 July 2018.

In advance of consideration of the planning applications attached to the agenda 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.

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 15 August 2018 and the Site Inspections will be undertaken on 13 August 2018.

NOTED

that the next meeting of the Development Management Committee will be held on 15 August 2018.

RESOLVED

that all Members and substitute Members along with the relevant ward representatives be invited to conduct site inspections on 13 August 2018.