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

90.

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 –

 

Name

Minute No. and Subject

Reason

Interest

Councillor Wheeler

96. Public Path Extinguishment Order – Ridgeway School

Member of Local Access Forum

Personal

Councillor Mrs Foster

96. Public Path Extinguishment Order – Ridgeway School

Grandson attends the school

Personal

 

91.

MINUTES pdf icon PDF 72 KB

The Committee will be asked to confirm the minutes of the meeting held on 12 January 2012.

Additional documents:

Minutes:

Agreed the minutes of the meeting held on 12 January 2012.

92.

CHAIR'S URGENT BUSINESS

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

Minutes:

Welcome

 

The Chair extended a warm welcome to councillors and officers from Teignbridge District Council’s Planning Committee who were in attendance to observe proceedings as part of a good-practice sharing exercise.

 

Microphones

 

The Chair reminded Members of the problems encountered with the microphones at the last meeting.  He drew attention to the fact that the boxes attached to each microphone were extremely sensitive and could distort the sound if touched.  Members were asked to avoid touching them wherever possible.

 

(In accordance with Section 100(B)(4)(b) of the Local Government Act 1972, the

Chair brought forward the above items of business in order to inform Members).

93.

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 questions were received from members of the public, in accordance with paragraph 10 of the Constitution.

 

Question No

Question By

Subject

 

2 (11/12)

Mrs J Hall

Waste to Energy Plant

 

What impact did the Director of Health’s views on the proposed incinerator have on the Planning Committee, especially as she stated that ‘the cumulative impact is likely to place the greatest burden upon some of the poorest and most vulnerable people in the city’ and ‘may exacerbate existing inequalities?’

The proposal was for an Energy from Waste Plant and the Planning Committee considered that planning permission was only warranted subject to a Section 106 agreement with adequate measures to enable local well-being issues to be properly addressed mindful of the legal requirements covering such agreements.  The PCT also raised concerns about noise and dust and conditions recommended to, and approved by, the Planning Committee addressed these concerns. The PCT also suggested the proposed visitor centre should be open for community use and the Section 106 agreement includes clauses to secure that. The NHS Plymouth Primary Care Trust (PCT)response to the planning application was made in full consultation and agreement with the Devon Health Protection Team of the Health Protection Agency (HPA).The concerns of the PCT surrounding this proposal and their suggest ways of mitigating and controlling potential negative impacts and for strengthening positive impacts was assessed in their Rapid Prospective Health Impact Assessment. This was incorporated into the Committee report as it was considered to be a material planning consideration. The PCT initial suggestion was for direct funding and assistance with possible revenue expenditure on rent reimbursement for a future Barne Barton GP surgery as part of a Section 106 agreement. This suggestion was also reported to the Planning Committee. Such direct assistance would be inappropriate for a Section 106 agreement between the applicants and the Local Planning Authority. It would not have been CIL Regulation 122 compliant. However, the PCT suspected that this might be the case and suggested an alternative option. The PCT asked that a financial contribution for wellbeing was made and included in a Community Fund, that the PCT could then access and work with the local community, to commission appropriate wellbeing services out of, or in close liaison with, the primary medical service facility. This option was accepted by the Planning Committee.

 

The PCT also expressed the view, reported to the Planning Committee, that they would be very willing to sit on a Trust Board to ensure that such funding was allocated to appropriate evidence based interventions. The Planning Committee agreed that this should be reflected in the required Section 106 for the North Yard Community Trust.

 

The views of the PCT did therefore have an impact upon the decision made by the Planning Committee.

 

94.

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.  An addendum report was submitted in respect of minute number 94.2.

94.1

74 MUTLEY PLAIN, PLYMOUTH. 11/01817/FUL pdf icon PDF 85 KB

Applicant:

 

Quaker House Outreach Centre

Ward:

 

Compton

Recommendation:

 

Grant Conditionally

 

Minutes:

(Quaker House Outreach Centre)

Decision

Application GRANTED conditionally.

94.2

LAND AT BARTON ROAD, HOOE LAKE, PLYMSTOCK. 11/01250/FUL pdf icon PDF 493 KB

Applicant:

 

Barratt Homes Exeter

Ward:

 

Plymstock Radford

Recommendation:

 

Grant conditionally subject to a S106 obligation, with delegated authority to refuse in the event that the S106 obligation is not completed by 9 June 2012.

 

Additional documents:

Minutes:

(Barratt Homes Exeter)

Decision:

Application DEFERRED for officers to investigate the reasons for refusal suggested by Members in accordance with paragraph 14.7 of the Code of Practice and to provide further information on emergency vehicles and affordable housing.

 

 (At the invitation of the Chair, the Committee heard representations against the application from Councillor K Foster, ward member).

 

(At the invitation of the Chair, the Committee heard representations against the application from Councillor Michael Leaves, ward member).

 

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

 

(Councillor Wheeler’s proposal to defer the application for provision of further information on affordable housing, having been seconded by Councillor Williams, was put to the vote and declared lost).

 

(Having failed to support the Officer’s recommendation contained in the report, Members considered an alternative proposal to defer the application which, having been moved by Councillor Wheeler and seconded by Councillor Mrs Nicholson, was put to the vote and declared carried).

 

94.3

FORMER ROYAL MARINE PUB SITE, TORRIDGE WAY, PLYMOUTH. 11/01742/FUL pdf icon PDF 153 KB

Applicant:

 

Sarsen Housing Association

Ward:

 

Efford and Lipson

Recommendation:

 

Grant conditionally subject to a S106 obligation, with delegated authority to refuse in the event that the S106 obligation is not completed by 1 March 2012.

 

Minutes:

(Sarsen Housing Association)

Decision:

Application GRANTED conditionally Subject to a S106 Obligation, with delegated authority to refuse in the event that the S106 Obligation is not completed by 1 March 2012.

94.4

64 SALISBURY ROAD, PLYMOUTH. 11/01791/FUL. pdf icon PDF 97 KB

Applicant:

 

Amber New Homes and Developments Ltd

Ward:

 

Sutton and Mount Gould

Recommendation:

 

Grant Conditionally

 

Minutes:

(Amber New Homes and Developments Ltd.)

Decision:

Application REFUSED for the following reasons –

 

DETRIMENTAL TO RESIDENTIAL AMENITY AND CHARACTER OF THE AREA

(1)  The proposed House in Multiple Occupation would be detrimental to the amenities enjoyed by the residential occupiers of properties in Salisbury Road, Rosebery Avenue and Durham Avenue, by virtue of the intensity of the proposed use and the close relationship with neighbouring residential properties. The residential environment of adjoining and nearby properties would be likely to be harmed by the number of comings and goings, noise, car fumes and other disturbance arising from the proposed development. Consequently the proposal is contrary to policy CS22 and CS34 of the adopted Plymouth Local Development Framework Core Strategy (2006-2021) 2007.

                                   

INADEQUATE PROVISION OF PARKING

(2)  No adequate provision is proposed to be made for the parking of cars of persons residing at or visiting the development. Vehicles used by such persons would therefore have to stand on the public highway giving rise to conditions likely to cause:-

(a)  Damage to amenity;

(b)  Prejudice to public safety and convenience;

(c)  Interference with the free flow of traffic on the highway

which is contrary to Policy CS28 and CS34 of the adopted City of Plymouth Local Development Framework Core Strategy adopted April 2007

 

INADEQUATE PROVISION OF REFUSE BIN STORAGE

(3)  The application has failed to demonstrate that adequate access and provision would be made for the storage of refuse for the proposed development of a ten bedroom HMO, contrary to Policy CS28 and CS34 of the adopted City of Plymouth Local Development Framework Core Strategy adopted April 2007.

 

(At the invitation of the Chair, the Committee heard representations against the application from Councillor Rennie, ward member).

 

(At the invitation of the Chair, the Committee heard representations against the application from Councillor Mrs Nelder, ward member).

 

(At the invitation of the Chair, the Committee heard representations in support of the application).

 

(Councillor Wheeler’s proposal to refuse the application, having been seconded by Councillor Mrs Bowyer, was put to the vote and declared carried).

95.

SECTION 106 AMENDMENT - DRAKES CIRCUS pdf icon PDF 26 KB

The Director for Development will submit a proposal to amend the existing 106 Agreement in relation to Drakes Circus (99/0707) for approval.

Minutes:

The Director of Development submitted a report which proposed an amendment to the existing 106 agreement in relation to Drakes Circus (99/0707) and to make available funds to help deliver a children’s play area in Plymouth City Centre.

 

Agreed to instruct the Assistant Director for Planning Services to undertake a deed of variation which amends clause 9 of the existing 106 Agreement as discussed in this report, changing the subject of the obligation from childcare facilities to the provision of children’s play and allowing the Council five years from the date of this decision for its expenditure.

96.

PUBLIC PATH EXTINGUISHMENT ORDER - RIDGEWAY SCHOOL pdf icon PDF 5 MB

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:

Further to minute 55.2, 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.  Members were advised that a minor administrative error in the last report had prevented the Order from being enacted.  The demarcation of alternative routes had now been included and the report was resubmitted for Members’ consideration.

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

(At the invitation of the Chair, the Committee heard representations against the Order).

97.

PLANNING APPLICATION DECISIONS ISSUED pdf icon PDF 77 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 3 January 2012 to 29 January 2012 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 3 to 29 January 2012, including –

 

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

98.

APPEAL DECISIONS pdf icon PDF 22 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.

99.

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.</TRAILER_SECTION>

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.