If any

The Chairman informed the Committee of the following:-

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.            Item No. 10 – 34 Mill Road, Cranfield, Bedford had been withdrawn at the request of the Applicant.

To approve as a correct record, the Minutes of the meeting of the Development Management Committee held on 17 August 2011.

(previously circulated)

RESOLVED

that the Minutes of the meeting of the Development Management Committee held on the 17 August 2011 be confirmed and signed by the Chairman as a correct record.

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

The Chairman advised that no petitions had been received.

In advance of consideration of the following Planning Applications the Committee received a Late Sheet advising 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.

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 undertaken be noted.

Address :      Market Garden Nurseries, 64 High Road, Beeston, Sandy

                        Change of use from nursery / horticultural site to commercial timber yard.

Applicant :    Bartram Properties Ltd

RESOLVED

that Planning Application No. CB/11/01546/FULL relating to Market Garden Nurseries, 64 High Road, Beeston, Sandy be approved as set out in the Schedule appended to these Minutes.

Address :      The Mary Bassett Lower School, Bassett Road, Leighton Buzzard

                        Change use of Caretaker’s Bungalow to host existing before and after school care, parent support groups, 1:1 therapy sessions and local child/adult social care meetings.       

Applicant :    Mary Bassett Lower School

RESOLVED

that Planning Application No. CB/11/02500/FULL relating to the Mary Bassett Lower School, Basset Road, Leighton Buzzard be approved as set out in the Schedule appended to these Minutes.

Address :      The Mary Bassett Lower School, Bassett Road, Leighton Buzzard

                        First floor extension over existing building to form cloakroom/toilets.

Applicant :    Mary Bassett Lower School

RESOLVED

that Planning Application No. CB/11/02050/FULL relating to the Mary Bassett Lower School, Basset Road, Leighton Buzzard be approved as set out in the Schedule appended to these Minutes.

Address :      34 Mill Road, Cranfield, Bedford

                        Erection of 1 no. 3 bedroom house and 1 no 4 bedroom house to rear of 34 Mill Road Cranfield.  Conversion of no. 34 Mill Road into 2 no 1 bedroom apartments.

Applicant :    Mr B Jones

This item was withdrawn prior to the meeting at the request of the applicant.

Address :      Whistlebrook Stud, Sewell Lane, Sewell, Dunstable

                        Variation of Condition: Variation of condition 4 to enable the additional D2 use, of dog agility training.

Applicant :    Miss S Cook

RESOLVED

that Planning Application No. CB/11/01842/VOC relating to Whistlebrook Stud, Sewell Lane, Sewell, Dunstable be approved as set out in the Schedule appended to these Minutes.

Address :      Fairfield Park Lower School, Dickens Boulevard, Stotfold, Hitchin

                        Erection of two canopies to provide covered hard play area to two classrooms on the west elevation of the main school building.        

Applicant :    Fairfield Park Lower School

RESOLVED

that Planning Application No. CB/11/01693/FULL relating to Fairfield Park Lower School, Dickens Boulevard, Stotfold, Hitchin be approved as set out in the Schedule appended to these Minutes.

To receive a report to confirm Article 4 direction at Wrest Park Estate, Silsoe.

The Committee received and considered the report which sought the authorisation to confirm the order for the Article 4 Direction to restrict the owners moving from B1 to B8 usage.  The Article 4 Direction was approved for consultation at the Development Management Committee held on 30 March 2011 (refer to Minute DM/10/211).  The Head of Development Management informed the Committee that all of the relevant notices had been placed on the site and the owner of the site had received a letter advising them of the consultation and the date of this meeting.

There were no representations made against the Article 4 Direction and Ward Members made representations in support of the Article 4 Direction.  It was noted that the Article 4 Direction would not prohibit future planning development but allows consideration by the Local Planning Authority to the site as a whole.

RESOLVED

that the Committee confirm the 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).

To receive a report to consider a village green application.

The Committee received and considered the report of the Director of Sustainable Communities which related to an application to register the land described as “Town Farm Court and Town Farm Orchard”, Henlow as a Town or Village Green.

The Committee noted that an earlier application has been considered at the Development Management Committee held on 2 February 2011.  At that time the Committee considered the evidence submitted by the Applicant, Mr Rapacchi, the landowners and other objectors, which included 23 letters of representation and resolved “that the applicant be notified that his application to register the land described as Town Farm Orchard, Town Farm Court, Henlow as a Village Green had not been accepted.”

The second application, which was made again under Section 15(3) of the Commons Act 2006, from the Applicants, Mr & Mrs Rapacchi was received on 3 March 2011 and was formally accepted on 4 May 2011, following receipt of additional evidence.  In addition, the Council concluded that the second application was not a ‘repeat’ application and that it had been ‘duly made’ under the statutory regulations.

The Orders & Commons Regulations Officer explained to the Committee that in summary the Applicants must prove that the land has been used by a significant number of local inhabitants for lawful sports and pastimes “as of right” for a period of twenty years.  The landowners objection had dealt with the second application by way of two separate parts and the Officer’s report considered Town Farm Court and Town Farm Orchard in this way as well.

Town Farm Court

The Committee were informed that Examination of the Land Registry and converyance documents confirmed that the six properties which comprised the Neighbourhood had the benefit of rights of way to pass and re-pass (with or without motor vehicles or other vehicles) from time to time and at all times and for all proper purposes over this access road.  Clearly private rights had been granted and therefore insofar as the Applicants were seeking to register the Town Farm Court private driveway as a town or village green, the Council considered that in light of a 1999 House of Lords decision ‘use’ of the driveway land has been carried on ‘by right’ rather than ‘as of right’.  Therefore the Council did not accept that this part of the Second Application Land was eligible or met the criteria for registration as a town or village green.

In addition the Council could not accept that Town Farm Court constituted a locality, or neighbourhood within a locality in which a significant number of its inhabitants used Town Farm Court for lawful sports and pastimes as of right for a period of twenty years.

Town Farm Orchard

The Applicants submitted with their application seven completed evidence questionnaires by the Applicant’s themselves; Miss L R and Mrs T S are the applicants daughters, Mr P R their son, Mr N T, Mrs Rapacchi’s brother, Mrs O T, Mrs Rapacchi’s mother and Mr G P, a previous resident of Town Farm  ...  view the full minutes text for item 52.

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 12 October 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 12 October 2011:-

Chairman (or his nominee)

Vice-Chairman (or his nominee)

Cllrs   P N Aldis

            A R Bastable

            R Johnstone

            A D Brown