Members will be asked to make any declarations of interest in respect of items on this Agenda.

There were no declarations of interest made by Members in accordance with the Code of Conduct.

The Committee will be asked to confirm the minutes of the meeting held on 7 September and 28 September 2006.

Resolved that the minutes of the meetings held on 7 September and 28 September be confirmed as accurate records, subject to the following amendment –

Minutes of 28 September

Minute 47            Declarations of Interest

To receive reports on business which, in the opinion of the Chair, should be brought forward for urgent consideration.

Scheme of Delegation

The Chair advised the Committee that the Scheme of Delegation Report would be submitted to the meeting to be held on 30 November 2006.

(In accordance with Section 100 (B)(4)(b) of the Local Government Act, 1972, the Chair brought forward the above item for consideration because of the need to inform Members.)

The Chair will receive and respond to questions from members of the public submitted in accordance with the Council’s procedures. Questions shall not normally exceed 50 words in length and the total length of time allowed for electors’ questions shall not exceed 10 minutes. Any question not answered within the total time allowed shall be the subject of a written response.

The following question was submitted by a member of the public –

Question by: Mr J Carter

How will the Council overcome the difficulty of documenting a Section 106 agreement with the applicant for planning application ref 06/01236/FUL when the applicant does not own or have any interest in the majority of the land at Colin Campbell Court?

Reply

In considering any planning application, the Local Planning Authority needs to ensure that any works required to satisfy the planning needs of the development are secured in through appropriate means.

S.106 legal agreements are one way of doing this, and the Council will ensure that a Section 106 Agreement is thoroughly considered legally and that all relevant parties are included.  It will establish through investigation of title and consideration of other relevant legal documentation e.g. a development agreement, the most effective way to cover the provisions of section 106 of the Town and Country Planning Act 1990.  This will ensure compliance with the obligations included in the agreement.  It is not unusual for the applicant of a planning application to not own or have a majority interest in land covered by a proposed planning application.

The Head of Planning and Regeneration will submit a schedule asking Members to consider Applications, Development proposals by Local Authorities and statutory consultations under the Town and Country Planning Act 1990 and the Planning (Listed Building and Conservation Areas) Act 1990.

All of the applications included on this agenda have been considered subject to the provisions of the Human Rights Act 1998. This Act gives further effect to the rights included in the European Convention on Human Rights.

Addendums

Any supplementary/additional information or amendments to a planning report will be circulated at the beginning of the Planning Committee meeting as an addendum.

Public speaking at Committee

The Chair will inform the Committee of those Ward Members and/or members of the public who have registered to speak in accordance with the procedure set out in the Council’s website.

Participants will be invited to speak at the appropriate time by the Chair of Planning Committee after the introduction of the case by the Planning Officer and in the following order:

·        Ward Member

·        Supporter

·        Objector

After the completion of the public speaking, the Planning Committee will make their deliberations and make a decision on the application.

Committee Request for a Site Visit

If a Member of Planning Committee wishes to move that an agenda item be deferred for a site visit the Member has to refer to one of the following criteria to justify the request:

1.      Development where the impact of a proposed development is difficult to visualise from the plans and any supporting material.

The Planning Committee will treat each request for a site visit on its merits.

2.      Development in accordance with the development plan that is recommended for approval.

The Planning Committee will exercise a presumption against site visits in this category unless in moving a request for a site visit the member clearly identifies what material planning consideration(s) have not already been taken into account and why a site visit rather than a debate at the Planning Committee is needed to inform the Committee before it determines the proposal.

3.      Development not in accordance with the development plan that is recommended for refusal.

The Planning Committee will exercise a presumption against site visits in this category unless in moving a request for a site visit the Member clearly identifies what material planning consideration(s) have not already been taken into account and why a site visit rather than a debate at the Planning Committee is needed to inform the Committee before it determines the proposal.

4.      Development where compliance with the development plan is a matter of judgement.

The Planning Committee will treat each case on its merits, but any member moving a request for a site visit must clearly identify why a site visit rather than a debate at the Planning Committee is needed to inform the Committee before it determines the proposal.

5.      Development within Strategic Opportunity Areas or development on Strategic Opportunity Sites as identified in the Local Plan/Local Development Framework.

The Chair of Planning Committee  ...  view the full agenda text for item 58.

The Committee considered the following planning applications, development proposals by local authorities and statutory consultations submitted under the Town and Country Planning Act 1990 and the Planning (Listed Building and Conservation Areas) Act 1990 (P 39 06/07).

Addendum reports (P 40 06/07) were circulated relating to item nos. 2, 3, 7 and 8.

Resolved that –

            (1)            06/01187/FUL                     (Sean Brownlow)

                        The Jays Arcadia, Elburton

                        Decision:

Application REFUSED for the reasons set out in the report.

(2)            06/01198/FUL                     (Serco Defence and Areospace)

                        HMNB Devonport

                        Decision:

Application GRANTED, subject to the conditions and informative set out in the report and addendum report.

(3)       06/01236/FUL                       (Colesbourne Asset Management Ltd)

New George Street, Market Avenue, Western Approach and land at and adjoining Colin Campbell Court

                        Decision:

Application GRANTED, subject to the conditions and S106 Obligation set out in the report and addendum report, refer to Government Office South West, but delegated authority to refuse if S106 Obligation is not completed before application deadline expires.

(At the invitation of the Chair, the Committee heard from a representative of the applicant in support of the above item (3).)

(4)            06/01251/FUL                     (Stuart and Annette Taylor)

                        119 to 120 King Street

                        Decision:

                        Application REFUSED for the reasons set out in the report.

(5)            06/01254/FUL                     (Ovadell Limited)

                        9 to 11 Durnford Street, Stonehouse

                        Decision:

Application GRANTED, subject to the conditions set out in the report.

(6)            06/01315/OUT            (Unionworld Ltd)

Beacon Castle Sports and Social Club and 18 Channel Park Avenue, Efford and Lipson

                        Decision:

Application REFUSED for the reasons set out in the report.

(7)            06/01368/FUL             (Sutton Harbour Company)

                        East Quay Boat Yard, Sutton Road, Sutton Harbour

                        Decision:

Application GRANTED, subject to the conditions and S106 Obligation set out in the report and addendum report.

(8)            06/01386/FUL             (McCarthy & Stone (Dev) Ltd)

                        The Hillside Centre, Station Road, Plympton,

                        Decision:

Application GRANTED, subject to the conditions and S106 Obligation set out in the report and addendum report, and inclusion of the following Code of Practice During Construction information, but delegated authority to refuse if S106 Obligation not completed before the application deadline expiries -

Condition 12 – Code of Practice During Construction

·        Restrict deliveries/construction traffic to outside times 8.15 - 9am and 3.15 - 4pm.

·        Access route for construction traffic via Station Road only.

(At the invitation of the Chair, the Committee heard from a representative of the applicant in support of the above item (8).)

(9)            06/01416/FUL             (David Wylde)

                        Nuffield Hospital, Derriford Road

            Decision:

Application GRANTED, subject to the conditions set out in the report.

The Head of Planning and Regeneration acting under powers delegated to him by the Council will submit a schedule outlining all decisions issued from 13 September 2006 to 4 October 2006, including –

1)  Committee decisions;

2)  Delegated decisions, subject to conditions where so indicated;

3)  Applications withdrawn;

4)  Applications returned as invalid.

Please note that these Delegated Planning Applications are available for inspection at First Stop Reception, Civic Centre.

The Committee received a report (P 37 06/07) from the Head of Planning and Regeneration on decisions issued for the period 13 September 2006 to 4 October 2006 including –

• Committee decisions;
• Delegated decisions, subject to conditions where so indicated;
• Withdrawn applications;
• Returned applications.

Resolved that the report be noted.

A schedule of decisions made by the Planning Inspectorate on appeals arising from the decision of the City Council will be submitted.  Please note that this schedule is available for inspection at First Stop Reception, Civic Centre.

The Committee received a schedule of decisions made by the Planning Inspectorate on appeals arising from the decisions of the City Council (P 38 06/07).

Resolved that the report be noted.

The Director for Development will submit a report on the review and designation of conservation areas in Devonport and Stonehouse.

The Director for Development submitted a report on the review and designation of conservation areas in Devonport and Stonehouse.

Resolved to adopt the proposed revised Conservation Area boundaries.

*** PLEASE NOTE ***

A SCHEDULE OF VOTING RELATING TO THE MEETING IS ATTACHED AS A SUPPLEMENT TO THE MINUTES.