Agenda and minutes

Venue: Council House, Armada Way, Plymouth

Contact: Ross Jago / Ross Johnston  Email: ross.jago@plymouth.gov.uk / Email: ross.johnston@plymouth.gov.uk

Items
No. Item

1.

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 John Smith

5.4 Parkview House, Trelawney Lane, Plymouth. 12/00568/FUL

 

Previous owner is personal friend.

Personal

Councillor Wheeler

Pottery Quay, Pottery Road, Plymouth. 12/00116/FUL

Member of the Tamar Bridge and Torpoint Ferry Joint Committee.

 

Personal

Councillor Mrs Wendy Foster

Appeal Decisions (10/02097/FUL)

Letter of objection sent to Planning Services.

 

Personal

 

 

2.

MINUTES pdf icon PDF 83 KB

The Committee will be asked to confirm the minutes of the meeting held on 5 April 2012.

 

Additional documents:

Minutes:

Agreed the minutes of the meeting held on 5 April 2012, subject to the following amendments-

 

  1. that Councillor Stark is added to those in attendance;

 

  1. that the voting schedule is amended to show Councillor Wheeler voted in favor of minute number 113.1.

 

CHAIRS URGENT BUSINESS

3.

Localism Act - Section 143

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

Minutes:

The Chair requested that the Lead Planning Officer update the committee on new requirements outlined in Section 143 of the Localism Act 2012, it was reported that -

 

Section 143 makes local finance considerations a material consideration when deciding applications for planning permission in England. Such local financial considerations cover –

 

·        grants or other financial assistance provided by government;

·        sums a relevant authority receives in payment of Community Infrastructure Levy.

 

In future information required with regard to section 143 would be provided within case officers reports.

 

(In accordance with Section 100(B)(4)(b) of the Local Government Act, 1972, the Chair brought forward the above item for urgent consideration because of the need to notify Members in accordance with the Localism Act 2012).

 

4.

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:

There were no questions from members of the public.

5.

PLANNING APPLICATIONS FOR CONSIDERATION pdf icon PDF 38 KB

The Assistant Director for Planning 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.  Addendum reports were submitted in respect of minute numbers 5.2, 5.3 and 5.4.

 

5.1

37 LYNWOOD AVENUE, PLYMPTON, PLYMOUTH. 12/00501/FUL pdf icon PDF 86 KB

Applicant:       

Mr P Luke

Ward: 

Plympton St Mary

Recommendation:

Grant Conditionally

 

Minutes:

(Mr P Luke)

Decision:

Application GRANTED conditionally.

5.2

LAMBSPARK CARE HOME, 38 MERAFIELD ROAD, PLYMOUTH. 12/00511/FUL pdf icon PDF 89 KB

Applicant:       

Mr D Wraighte

Ward: 

Plympton Erle

Recommendation:

Grant Conditionally

 

Additional documents:

Minutes:

(Mr D Wraighte)

Decision:

ApplicationDEFERRED for site visit to further consider issues of amenity, highways and development of the site in its entirety.

 

(The Committee heard representations against the application from Councillor Mrs Beer, ward member).

 

(Councillor Nicholson’s proposal for a deferral for a site visit, having been seconded by Councillor Mrs Foster, was put to the vote and declared carried).

5.3

PARKVIEW HOUSE, TRELAWNEY LANE, PLYMOUTH. 12/00568/FUL pdf icon PDF 154 KB

Applicant:       

T & O Developments

Ward: 

Peverell

Recommendation:

Grant Conditionally Subject to a S106 Obligation, with delegated authority to refuse in the event that the S106 Obligation is not completed by 31 May 2012.

 

Additional documents:

Minutes:

(T & O Developments)

Decision:

Application REFUSED as deemed contrary to the following core strategy policies –

 

CS02 – in respect to the design and character of the new development

CS05 – in respect to loss of a viable employment site required to meet the local area employment needs

CS34 (3,4,6 and 7) – in respect to detailed neighbour considerations

 

(The Committee heard representations against the application from Councillor Dr Mahony, ward member via a written submission).

 

(The Committee heard representations against the application).

 

(The Committee heard representations in support of the application from the applicant’s agent).

 

(Councillor Nicholson’s proposal to refuse the application, on the reasons as stated above, having been seconded by Councillor Darcy, was put to the vote and declared carried).

 

(Councillor J Smith declared a personal interest on the above item)

 

In compliance with S143 of the Localism Act the local finance consideration would relate to New Homes Bonus.  In the case of this application a total New Homes Bonus incentive of approximately £57,660 could apply over a 6 year period based on 7 properties being sold within Council Tax band C and D.

 

The committee was informed by the lead planning officer that the Localism Act also contained provisions under section 123 for a Local Planning Authority to refuse to determine applications where the land/property is the subject of an enforcement notice.

 

The committee was informed that this section of the act is not relevant to this specific application since the application was registered before the act came into effect. The Chair, Vice-Chair, Shadow lead and lead planning officer would discuss the future approach to using this power outside of the meeting. 

5.4

POTTERY QUAY, POTTERY ROAD, PLYMOUTH. 12/00116/FUL pdf icon PDF 149 KB

Applicant:       

Hadley Property Group

Ward: 

Devonport

Recommendation:

Grant Conditionally Subject to a S106 obligation, with delegated authority to refuse in the event that the S106 Obligation is not completed by 18 June 2012.

 

Additional documents:

Minutes:

(Hadley Property Group)

Decision:

Application DEFERRED for further negotiation with the developer and local residents over local employment opportunities, parking, noise and accessibility.

 

(The Committee heard representations against the application from Councillor K Taylor, ward member).

 

(The Committee heard representations against the application).

 

(The Committee heard representations in support of the application from the applicant’s agent).

 

(Councillor Nicholson’s proposal to defer for further negotiation with the developer over consultation, having been seconded by Councillor Wheeler, was put to the vote and declared carried).

 

In compliance with S143 of the Localism Act the local finance consideration would relate to New Homes Bonus.  In the case of this application a total New Homes Bonus incentive of approximately £490,219 could apply over a 6 year period based on 73 properties being sold within Council Tax band B.

5.5

PROPOSED VARIATION TO SECTION 106, THE MILLFIELDS, PLYMOUTH. pdf icon PDF 92 KB

The Director for Place will present a report requesting approval for a Section 106 variation in relation to planning consents 05/00440 and 05/00953.

 

Minutes:

Agreed that the Committee instruct the Assistant Director for Planning Services to prepare and complete a deed of variation which amends the existing S106 obligation as follows-

 

1.         that the administration fee of £9,894.50 is waived by the Council;

 

2.         that the single lump sum of £66,000, being the affordable housing contribution, is paid by Matrix Plymouth SA to the Council before occupation of the 5th unit in second building;

 

3.         that the sums of £11,517 and £21,428, being the off-site play and education contributions, are paid by Matrix Plymouth SA to the Council before occupation of the 5th unit in the third building to be completed.

 

6.

PLANNING APPLICATION DECISIONS ISSUED pdf icon PDF 144 KB

The Assistant Director for Planning, acting under powers delegated to him by the Council, will submit a schedule outlining all decisions issued from 27 March to the 20 May 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 27 March to 20 May 2012, including –

 

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

7.

APPEAL DECISIONS pdf icon PDF 52 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.

 

(Councillor Mrs Foster Declared a personal interest on the above item)

8.

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.

9.

SCHEDULE OF VOTING pdf icon PDF 27 KB

Minutes:

***PLEASE NOTE***

 

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