Agenda and minutes

Venue: Council House, Armada Way, Plymouth

Contact: Ross Jago / Katey Johns  Email: ross.jago@plymouth.gov.uk / Email: katey.johns@plymouth.gov.uk

Items
No. Item

51.

DECLARATIONS OF INTEREST

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

Minutes:

The following declarations of interest were made in accordance with the Code of Conduct in relation to items under discussion at this meeting –

 

Name

Minute No. and

Subject

Reason

Interest

Councillor Lock

Minute No. 55.1 28 Ridge Road, Plymouth. 11/01260/FUL

Publically stated position on the application.

Prejudicial

Councillor Mrs Foster

Minute No. 55.2 Public Path Extinguishment Order – Ridgeway School

Family member attends the school.

Personal

Councillor Browne

Minute No. 55.2 Public Path Extinguishment Order – Ridgeway School

Former member of the Local Access Forum.

Personal

Councillor Wheeler

Minute No. 55.2 Public Path Extinguishment Order – Ridgeway School

Member of the Local Access Forum.

 

Personal

Councillor Churchill

Minute No. 55.2 Public Path Extinguishment Order – Ridgeway School

Member of the Local Access Forum.

 

Personal

 

52.

MINUTES pdf icon PDF 60 KB

The Committee will be asked to confirm the minutes of the meeting held on 6 October 2011.

Additional documents:

Minutes:

Agreed the minutes of the meeting held on 6 October 2011.

 

53.

CHAIR'S URGENT BUSINESS

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

Minutes:

There were no items of Chair’s urgent business.

54.

QUESTIONS FROM MEMBERS OF THE PUBLIC

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 public questions shall not exceed 10 minutes. Any question not answered within the total time allowed shall be the subject of a written response.

Minutes:

The following question was received from a member of the public, in accordance with paragraph 10 of the Constitution.

 

Mr Cooper attended the meeting to ask his question and Councillor Lock (Chair of the Planning Committee) responded as set out below -

 

Question No

 

Question By

Chair of the

 

Subject

1 (11/12)

Mr C Cooper

 

Planning Committee

Land North of West Park Hill, Plympton, Plymouth. 11/01209/FUL

No safety analysis was undertaken regarding increased traffic on West Park Hill, the B3417 provides a bypass insuring that HGVs are kept away from residential areas. Are PCC negligent when allowing HGVs to use West Park Hill and therefore accountable in law when a serious accident occurs involving an HGV? 

Response:

 

(a)   The highway design characteristics of West Park Hill are such that the use of this road by HGVs does not give any cause for concern from a highway safety perspective. Furthermore the use of this route by HGVs is no different in nature to the remainder of the route often used by HGVs associated with the China Clay Operations which access the A38 at Deep Lane (Glen Road etc).

 

(b)   The alterations that have been proposed where the junction of the new proposed haul road meets West Park Hill has been subject to a Safety Audit that has been carried out in accordance with Volume 5 (Section 2, Part 2) of the Design Manual for Roads and Bridges.

 

(c)    It is the view of the Local Highway Authority that the changes that are proposed to the junction layout will help reduce the speed of traffic using West Park Hill (particularly for vehicles exiting the narrower section of West Park Hill and travelling westbound) and therefore improve the safety of the road. Following consultation, this view was also supported by the Road Casualty Reduction Officer at Devon and Cornwall Constabulary. The applicant is also now in the process of looking into the possibility of introducing further traffic calming measures (in the form of narrowings) to further reduce the speed of traffic using West Park Hill.

 

(d)   The local highway authority will therefore not be negligent by allowing HGVs to use West Park Hill. In any event any negligence claim would be subject to separate legal redress.

                                                                                                          

 

55.

PLANNING APPLICATIONS FOR CONSIDERATION pdf icon PDF 52 KB

The Assistant Director of Development (Planning Services) 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.  Members of the Committee are requested to refer to the attached planning application guidance.

Minutes:

The Committee considered the following applications, development proposals by local authorities, and statutory consultations submitted under the Town and Country Planning Act, 1990, and the Planning (Listed Buildings and Conservation Areas) Act, 1990.

55.1

28 RIDGE ROAD, PLYMOUTH. 11/01260/FUL pdf icon PDF 125 KB

Applicant:

 

Mr A Reilly

Ward:

 

Plympton Erle

Recommendation:

 

Grant conditionally

 

Additional documents:

Minutes:

(Mr A Reilly)

Decision:

Application DEFERRED for further consideration of legal issues.

 

(Councillor Lock, having declared prejudicial interest in respect of the above item, withdrew from the meeting whilst the matter was being considered).

 

(Councillor Mrs Bowyer took the chair and following legal advice proposed that the item be deferred. The proposal having been seconded by Councillor Browne was put to the vote and declared carried)

 

(This item was brought forward to facilitate better meeting management).

55.2

PUBLIC PATH EXTINGUISHMENT ORDER - RIDGEWAY SCHOOL pdf icon PDF 799 KB

The Director for Development will submit a report requesting the referral of a Public Path (Special) Extinguishment Order to the Secretary of State for determination by public inquiry.

 

Appendices are available online at http://www.plymouth.gov.uk/pporidgewayschool

Minutes:

The Director for Development submitted a report requesting the referral of a Public Path (Special) Extinguishment Order to the Secretary of State for determination by public inquiry.

 

Agreed to authorise the referral of the Order to the Secretary of State and allow the confirmation of the Order to be consider by public inquiry.

 

(At the invitation of the Chair, the committee heard representations from Councillor Nicholson, ward member, in support of the recommendation)

 

(At the invitation of the Chair, the committee heard representations against the recommendation)

 

(At the invitation of the Chair, the committee heard representation in support of the recommendation from the applicant and landowner)

 

 

 

 

 

 

 

 

                                                                                                                 

55.3

12 - 13 SUSSEX STREET, PLYMOUTH. 11/00766/FUL pdf icon PDF 107 KB

Applicant:

 

Mr Alec Macleod

Ward:

 

St Peter & The Waterfront

Recommendation:

 

Delegated authority to Grant Conditionally subject to a S106 Obligation, with delegated authority to refuse in the event that the S106 Obligation is not completed by 6 December 2011.

 

Additional documents:

Minutes:

(Mr A MacLeod)

Decision:

Delegated authority, in consultation with Chair, Vice Chair and nominated opposition member to Grant Conditionally subject to a S106 Obligation, with delegated authority to refuse in the event that the S106 Obligation is not completed by 6 December 2011.

 

(The above recommendation was amended by officers to include consultation with Chair, Vice Chair and nominated opposition member as the public consultation was still open. Councillor Lock put the amended recommendation to the vote which was declared carried.)

 

The committee expressed concern that they had again been asked to consider a retrospective application, particularly one which had qualified for the market recovery scheme.  Some members expressed the desire that the retrospective applications should be excluded from the market recovery scheme.

 

Agreed that the Chair would consult with the portfolio holder for Planning, Strategic Housing and Economic Development and request that retrospective applications are excluded from consideration under the market recovery scheme when the scheme is reviewed in the future.

 

(The above recommendation was proposed by Councillor Wheeler and, having been seconded by Councillor Mrs Foster, was put to the vote and declared carried.)

55.4

12 - 13 SUSSEX STREET, PLYMOUTH. 11/00768/CAC pdf icon PDF 86 KB

Applicant:

 

Mr Alec Macleod

Ward:

 

St Peter & The Waterfront

Recommendation:

 

Grant conditionally

 

Minutes:

(Mr MacLeod)

Decision:

Application GRANTED conditionally.

 

(This item was considered in conjunction with minute number 55.3)

55.5

LAND NORTH OF WEST PARK HILL, PLYMPTON, PLYMOUTH. 11/01209/FUL pdf icon PDF 139 KB

Applicant:

 

Wolf Minerals (UK) Ltd

Ward:

 

Plympton St Mary

Recommendation:

 

Grant Conditionally subject to the Secretary of State not issuing a direction under Section 77 of the Town and Country Planning Act 1990 for the application to be referred to him for determination.

 

Additional documents:

Minutes:

(Wolf Minerals (UK) Ltd)

Decision:

GRANTED conditionally subject to the Secretary of State not issuing a direction under Section 77 of the Town and Country Planning Act 1990 for the application to be referred to him for determination.

 

Members added an additional informative to Undertake further level of consultation with residents and ward members on landscaping as part of the section 278 highways agreement.

 

 

(At the invitation of the Chair, the committee heard from Councillor Nicholson, ward member, speaking against the application.)

 

(At the invitation of the Chair, the committee heard representations against the application.)

 

(At the invitation of the Chair, the committee heard representations in support of the application from the applicants agent.)

56.

PLANNING APPLICATION DECISIONS ISSUED pdf icon PDF 113 KB

The Assistant Director of Development (Planning Services) acting under powers delegated to him by the Council will submit a schedule outlining all decisions issued from 12 September 2011 to 7 October 2011, 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.

Minutes:

The Committee received a report of the Assistant Director of Development (Planning Services) on decisions issued for the period 12 September to 7 October 2011, including-

 

  • Committee decisions
  • Delegated decisions, subject to conditions where so indicated
  • Applications withdrawn
  • Applications returned as invalid

57.

APPEAL DECISIONS pdf icon PDF 28 KB

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.

Minutes:

The Committee received a schedule of decisions made by the Planning Inspectorate on appeals arising from the decisions of the City Council.

58.

EXEMPT BUSINESS

To consider passing a resolution under Section 100A(4) of the Local Government Act 1972 to exclude the press and public from the meeting for the following item(s) of business on the grounds that it (they) involve(s) the likely disclosure of exempt information as defined in paragraph(s) … of Part 1 of Schedule 12A of the Act, as amended by the Freedom of Information Act 2000.

Minutes:

There were no items of exempt business.

SCHEDULE OF VOTING pdf icon PDF 23 KB

***PLEASE NOTE***

 

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