If any

1.                  Members were asked to note that in the Ethical Handbook rule 13.5.5 states:

Do not vote or take part in the meeting’s discussion on a proposal unless you have been present to hear the entire debate, including the Officer’s introduction to the matter.

2.                  The Chairman has agreed to vary the order of items at the 10.00am session as follows:-

Item 11 – 192 High Street South, Dunstable will be considered first followed by

Item 12 – Land & Commercial units between King Street, Queen Street, Cemetery Road and fronting High Street, Houghton Regis

Item 10 – Double Arches Quarry, Eastern Way, Heath & Reach, Leighton Buzzard

3.                  Officers had requested that agenda item 18 – 29B Hitchin Road, Upper Caldecote be deferred from the agenda to allow additional archaeological information to be provided.  The request was moved and seconded and the whole Committee voted in support of the deferment.

4.                  The Chairman has agreed to vary the order of items at the 14.00 session as follows:-

Item 13 – Skylarks, Great North Road, Stotfold will be considered after item 16.

5.                  The Chairman informed the Members and the Public that a number of late submissions had been received and Officers had accepted as many as they could prior to the meeting.  All information must be received by noon on the Friday prior to the Committee meeting.  This is in accordance with Part A4 annex 3 note 2 of the procedure for public participation.

To approve as a correct record, the Minutes of the meeting of the Development Management Committee held on  2 March 2011.

(previously circulated)

RESOLVED

that the Minutes of the meeting of the Development Management Committee held on the 02 March 2011 be confirmed and signed by the Chairman as a correct record.

To receive Petitions in accordance with the scheme of public participation set out in Annex 2 in Part 4 of the Constitution.

The Chairman advised that no petitions had been received.

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

RESOLVED

that the update on Planning Enforcement cases where formal action has been taken be noted.

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 :      192 High street South, Dunstable

                        Conversion and change of use of tyre repair shop (sui generis) to provide neighbourhood foodstore (Class A1) with external alterations including new shop front and associated parking.                       

Applicant :    Sainsburys Supermarkets Ltd

RESOLVED

that Planning Application CB/10/02908/FULL relating to 192 High Street South, Dunstable be refused as set out in the schedule appended to these Minutes.

Address :      Land & Commercial units between King Street, Queen Street, cemetry Road and fronting High Street, Houghton Regis

                        Erection of retail superstore, access and aprking, highways works, landscaping and associated works     

Applicant :    Dransfield Properties Ltd

RESOLVED

that Planning Application No. CB/10/03110/FULL relating to Land and commercial units between King Street, Queen Street, Cemetery Road and fronting High Street, Houghton Regis be approved subject to a Section 106 agreement as set out in the schedule appended to these Minutes.

Address:       Double Arches Quarry, Eastern Way, Heath & Reach, Leighton Buzzard.

                        Erection of a 2.3 MW wind turbine (108m high to top of hub, 149m high to tip of rotor) including access and associated infrastructure.

Applicant:     Arnold White Estates Ltd

RESOLVED

that Planning Application No. CB/10/03034/FULL relating to Double Arches Quarry, Eastern Way, Heath and Reach, Leighton Buzzard be delegated to the Director of Sustainable Communities to approve subject to conditions being agreed as set out in the schedule appended to these Minutes.

The meeting adjourned at 12.40

The meeting reconvened at 14.00

Members are asked to approve the making of a Definitive Map Modification Order to add three sections of footpath to the Definitive Map and Statement in the parish of Clophill as Directed by the Secretary of State for the Environment, Food and Rural Affairs.

The Committee received and considered the report which sought approval of the making of a Definitive Map Modification Order.  The Order would add three sections of footpath to the Definitive Map and Statement in the parish of Clophill as Directed by the Secretary of State for the Environment, Food and Rural Affairs.

Bedfordshire County Council had refused the application in 2006 and this decision was appealed to the Secretary of State, who overturned the Council’s decision.

The Central Bedfordshire Council’s Constitution does not recognise the Secretary of State for the Environment, Food and Rural Affairs as an authority for the sealing of orders.  The Development Management Committee was therefore asked to ratify the Secretary of State’s direction and thus become the authority for sealing the directed Definitive Map Modification Order.

Officers felt the landowners would object to the recommended order which would necessitate the orders being sent to the Secretary of State for Environment, Food and Rural Affairs for confirmation.  It was recommended that Central Bedfordshire Council take a neutral stance on the order to balance the potential network gain against the original decision.

RESOLVED

1.            that the Development Management Committee approve the making of an order under Section 53(2) of the Wildlife and Countryside Act 1981 to add three sections of public footpath to the Definitive Map and Statement in the parish of Clophill.  The making of the order is consequent to a Direction by the Secretary of State for the Environment, Food and Rural Affairs under Paragraph 4(2) to Schedule 14 of the 1981 Act.  This is because she considers that there has been a discovery of evidence under Section 53(3)(c)(i) of the Act which, when considered with all other relevant evidence available to the Council, shows that  “…a right of way which is not shown in the map and statement subsists or is reasonably alleged to subsist over land in the area to which the map relates…”.  The footpaths to be added between points C-D, D2-E-F, and E-G-H-I would have the widths described in the report.

2.            that the Development Management Committee support the proposition that Central Bedfordshire Council takes a neutral stance to the recommended Definitive Map Modification Order on the grounds that the direction is contrary to legal Opinion and the determination of the former County Council.

The report will follow in due course.

The Committee received and considered the report of the Director of Sustainable Communities which related to an application to register land describe as “The Old Village Hall Site”, Pembroke Road, Houghton Conquest as a Village Green. 

The Committee were informed that the Applicant was not the landowner, who was opposed to the application.  The evidence which was considered by the Committee, failed to meet the requirements set out in law to allow the application to be approved.

RESOLVED

that the applicant be notified that his application to register the land described as “The Old Village Hall Site”, Pembroke Road, Hougton Conquest as a Village Green had not been accepted.

Report seeking agreement from Committee for making of Article 4 Direction.

The Committee received and considered the report which sought agreement to make an Article 4 Direction under the Town and Country Planning (General Permitted Development) Order 1995 and as amended by the Town and Country Planning (General Permitted Development (Amendment)(England) Order 2010 removing permitted development rights under Schedule 2, Class B of Part 3 for the units within the Wrest Park Estate, Silsoe (identified on the attached plan).  This sought to remove the permitted change (without requiring planning permission) from Use Class B1 (Business) to Use Class B8 (Storage and Distribution) in cases where it involves less than 235 square metres of floor space.

The Committee heard representations in support and against the proposed Article 4.  It was noted that the Article 4 Direction does not prohibit future planning development but allows consideration by the Local Planning Authority to the site as a whole.

RESOLVED

that the Committee agree to the making of an Article 4 Direction under the Town and Country Planning (General Permitted Development) Order 1995, and as amended by the Town and Country Planning (General Permitted Development)(Amendment)(England) Order 2010 for land and buildings known as Wrest Park Estate, Silsoe (as identified on the plan attached to the report).

Address:       Former RKB Precision products Ltd, New Road, Sandy

Erection of class A1 Foodstore, associated car parking, new vehicular access from New Road, upgraded existing access for service vehicles, creation of bus turning area and lay-by, realignment of drainage ditch, erection of retaining walls and other supporting infrastructure.

Applicant:     Tesco Stores Ltd

RESOLVED

that Planning Application No. CB/10/04078/FULL relating to Former RKB Precision Products Ltd, New Road, Sandy be approved subject to a Section 106 as set out in the schedule appended to these Minutes.

Address :                  Land to the West of Station Road, Sandy

Outline: Residential development of up to 36 dwellings with access, parking, open space and associated works (all matters reservec except access and layout)

Applicant :                Bedsand Ltd

RESOLVED

that Planning Application No. CB/10/04356/OUT relating to Land to the West of, Station Road, Sandy be approved subject to a Section 106 as set out in the schedule appended to these Minutes.

Address :                  Heath & Reach Methodist Church, heath Green, Heath & Reach

                                    Conversion of chapel to form a single dwelling with no parking provided including part demolition of rear single storey structures to provide amenity space, reinstatement of bricked up windows, replacement of entrance doors, insertion of 2 roof lights to the main roof and construction of metal flue to rear elevation.

Applicant :                Miss Berchielli

RESOLVED

that Planning Application No. CB/10/04366/FULL relating to Heath and Reach Methodist Church, Heath Green, Heath and Reach, Leighton Buzzard be approved as set out in the schedule appended to these Minutes.

Address:       Skylarks, Great North Road, Stotfold

Outline: Erection of building and associated works to house the Saunders Collection of steam engines, fairground rides, mechanical organs and associated meorabilia (All matters reserved except access and layout)

Applicant:     Mr Saunders

RESOLVED

that Planning Application No. CB/10/00087/OUT relating to Skylarks, Great North Road, Stotfold, Hitchin be refused as set out in the schedule appended to these Minutes.

Address :                  9A Silsoe Road, Maulden

Pitched roof on garage and creation of room within, external staircase to rear and single storey rear extension.

Applicant :                Mr & Mrs Jamieson

RESOLVED

that Planning Application No. CB/10/00393/FULL relating to 9A Silsoe Road, Maulden, Bedford be approved as set out in the schedule appended to these Minutes.

Address :                  29B Hitchin Road, Upper Caldecote

Change of use of existing garage/workshop to MOT bay and erection of workshop/garage facilities with associated car parking areas.

Applicant :                Mr Maudlin

RESOLVED

that Planning Application No. CB/10/00691/FULL relating to 29B Hitchin Road, Upper Caldecote be deferred to allow additional archaeological information to be provided.

In the event of any decision having been taken during the meeting requiring the inspection of a site or sites, the Committee is invited to appoint  Members to conduct the site inspection immediately preceding the next meeting of this Committee to be held on 27 April 2011 having regard to the guidelines contained in the Code of Conduct for Planning Procedures.

In the event of there being no decision to refer any site for inspection the Committee is nevertheless requested to make a contingency appointment in the event of any Member wishing to exercise his or her right to request a site inspection under the provisions of the Members Planning Code of Good Practice.

RESOLVED

that the following Members be appointed to conduct any site inspections to be undertaken in advance of the next meeting of this Committee to be held on Wednesday 27 April 2011:-

Chairman (or his nominee)

Vice-Chairman (or his nominee)

Cllrs  P N Aldis

            D Bowater

            H J Lockey