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

The Chairman advised the Councillors and members of the public that the order of business would be as listed in 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.

A revised Late Sheet had been issued to Members of the Committee prior to the meeting.  The Chairman asked the Committee if they would like a short adjournment to provide them an opportunity to review the information.   The Committee agreed.

To approve as a correct record, the Minutes of the meeting of the Development Management Committee held on 7 May 2014.

(previously circulated)

RESOLVED

that the Minutes of the meeting of the Development Management Committee held on the 2 April 2014 be confirmed and signed by the Chairman as a correct record.

AGREED

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

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 :      126A High Street, Clophill

                        Demolition of bungalow, erection of 4 bed detached dwelling.         

Applicant :    Mr D M Ward-Clarke

RESOLVED

That Planning Application No. CB/14/01271/FULL relating to 126A High Street, Clophill be approved as set out in the schedule appended to these Minutes, subject to the Unilateral Undertaking being agreed and the decision being delegated to the Interim Assistant Director of Development Management.

Address :      Land South of Stotfold, Norton Road, Stotfold

                        Erection of 1 No. 1 bed flat, 2 No. 2 bed flats, 151sq.m (gross internal A1 shop, parking spaces and parking bay on main street (resubmission of CB/13/01624/FULL).

Applicant :    Taylor Wimpey

RESOLVED

That Planning Application No. CB/14/01184/FULL relating to Land South of Stotfold, Norton Road, Stotfold be approved as set out in the schedule appended to these Minutes, subject to Traffic Management measures being discussed in consultation with the Chairman, Vice-Chairman and Executive Member for Regeneration and Planning.

Address :      20 Spring Close, Biggleswade

                        Erection of new chalet bungalow with alteration to existing garage and parking.

Applicant :    Mr & Mrs D Bourke

RESOLVED

That Planning Application No. CB/14/01368/FULL relating to 20 Spring Close, Biggleswade be delegated to the Head of Development Management be refused as set out in the schedule appended to these Minutes.

Prior to the vote being taken for the refusal of the application, Councillor A Shadbolt moved approval of the application.  The recommendation was seconded by Councillor R Berry.  This vote was 5 for, 5 against, 3 abstained. The Chairman used his casting vote and voted against the approval.  The motion was lost.

There was then a proposal to refuse the application

A request for a recorded vote upon the decision for this planning application was made and voted upon.  Upon being put to the vote to refuse the application, the following vote was recorded:

Councillors: Aldis, Blair, Chapman, Clark, Collins and Matthews. 

Voted in accordance with the proposal to refuse the application.

Councillors; Berry, Brown, Nicols, Young and Shadbolt voted against the recommendation to refuse the application.

Councillors: Maudlin and Shingler abstained.

The proposal for refusal was approved. 6 for, 5 against and 1 abstained.

Address :      165 Holme Court Avenue, Biggleswade

                        Two storey side extension.

Applicant :    Mrs R Crisp

RESOLVED

That Planning Application No. CB/14/01583/FULL relating to 165 Holme Court Avenue, Biggleswade be approved as set out in the schedule appended to these Minutes.

To receive an oral update on Land rear of 100 – 114 Common Road, Kensworth. 

The planning application was deferred at the 7 May 2014 Development Management Committee meeting (Minute No. DM/14/5 refers) to all Officers to deal with access issues.

·           The legal team conducted a Land Registry search which confirmed that the access from Common Road has no registered title against it.

·           The Planning Officer contacted Mrs Tilbury to avail any documentary proof of ownership of the access. In return, he was contacted by her solicitor who advised as follows :

o    92 Common Road, Kensworth, Bedfordshire LU6 3RG is an asset of the estate of the late Barbara Ann Atkins and passes to Elizabeth and Jason Tilbury under the terms of the will. The property is currently unregistered but our firm is in the process of applying for first registration of the property and registering it in their names.

·           The application has therefore been invalidated and withdrawn from the planning system with the agent’s consent.

·           Given that there is no confirmed owner of the access track, the agent was advised to serve notice in the local press of his intention to re-submit the application after the expiry of 21 days from the date of the press notice and sign Certificate D as proof that the requisite notice has been served. The agent confirmed to the Planning Officer that the notice has now been inserted in the local press.

Once the application has been re-submitted, consultations will proceed as normal after validation of same.

To receive and consider a Bi Annual update of Development Management Performance.

The Committee received and considered a report of the Interim Assistant Director of Planning setting out the bi annual update of Development Management Performance.

The Committee recorded their gratitude to the Development Management department for their continued hard work.

RESOLVED

That the six monthly update on Development Management Performance statistics as set out in the submitted report be noted.

To receive an oral update on the Houghton Regis North site 1.

The Managing Solicitor informed the Committee that on 5 May 2014 the negotiations for the Section 106 had been concluded and the agreement was signed and dated.

The Planning permission has been granted.

The Judicial Review has been withdrawn but there remains a six week period when a fresh challenge could be raised against the planning permission.

Under the provisions of the Members Planning Code of Good Practice Members are requested to note that Site inspections will be undertaken on Monday 30 June 2014.

NOTED

That under the provisions of the Members Planning Code of Good Practice all Members of the Committee and Substitutes are invited to undertake Site Inspections on Thursday 26 June 2014.