Agenda and minutes

Planning Committee - Thursday 23 August 2012 2.00 pm

Venue: Council House, Armada Way, Plymouth

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

Media

Items
No. Item

25.

DECLARATIONS OF INTEREST

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

Additional documents:

Minutes:

Name

Minute No. and Subject

Reason

Interest

Councillor Churchill

31 (item 109)  Land Adjacent To 64 Wolseley Road Plymouth 12/01079/FUL

 

Financial interest in the site.

Pecuniary Interest

Councillor Mrs Aspinall

31 (item 85) Rosebery Road, Plymouth. 12/01007/FUL

Applicant is a family friend.

 

Prejudicial

 

26.

MINUTES pdf icon PDF 72 KB

The Committee will be asked to confirm the minutes of the meeting held on 26 July 2012.

Additional documents:

Minutes:

Agreed the minutes of the meeting held on the 26 July 2012, subject to the removal of a declaration of interest relating to Councillor Mrs Foster.

27.

CHAIR'S URGENT BUSINESS

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

Additional documents:

Minutes:

There were no items of Chair’s urgent business.

28.

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.

Additional documents:

Minutes:

Four questions had been received from members of the public in relation to matters which in the opinion of the Chair, was relevant to the business of the meeting, in accordance with paragraph 10 of the Constitution –

 

Question No

Question By

Subject

1 (12/13)

Mr A Ramage

Energy From Waste Plant – North Yard, Devonport.

 

Should the operators, if the plant is allowed to go ahead, be required to give an alarm to the community when abnormal operations occur take so people, especially those in vulnerable categories, can wear suitable safety masks or take other appropriate measures?

 

Response

 

No, this is not required under the planning permission granted by the previous Planning Committee in December.

 

The Draft Environmental Permit that was reported to the Planning Committee in December 2011 requires the Environment Agency to be notified without delay following the detection of:

 

a)any malfunction, breakdown or failure of equipment or techniques, accident, or emissions of a substance not controlled by an emission limit which has caused, is causing or may cause significant pollution;

 

b) the breach of a limit specified in a permit; or

 

c) any significant adverse environmental effects.

 

Subsequently the Environment Permit was issued on 6th March 2012.The Environmental Permitting Regulations require that an operator maintains an Accident Management Plan and implements it in the event that an accident occurs.  An Accident Management Plan was prepared as part of the Environmental Permit application and was agreed by the Environment Agency in its granting of the Environmental Permit.  This plan will be subject to routine testing for ongoing effectiveness.  The Accident Management Plan does not specify the need for sirens or the issuing of the public with gas masks etc. 

 

Resident safety concerns about dockyard/industrial-type activities in proximity to houses are understandable. Local Waste Planning Authorities are required to work on the assumption that the relevant pollution control regime will be properly applied and enforced by the Environment Agency.

 

Safety measures that are required in the event of any accidents associated with the operation of the plant are essentially a matter for the Environment Agency to enforce through the Environmental Permit.

 

 

Question No

Question By

Subject

2 (12/13)

Mrs M Ramage

Energy From Waste Plant – North Yard, Devonport.

Additional Air Quality Management Areas have been proposed. Is an additional site advisable if the scheme goes ahead at the higher Chaddlewood area of Plympton as it is in line with prevailing winds from the incinerator and close to Langage Power station?

 

Response

 

Air quality standards are set by government as air quality objectives.  The council monitors air quality against these standards throughout the city at 80 locations.  Only where an air quality standard is confirmed as being exceeded, is an Air Quality Management Area (AQMA) declared.

 

Plymouth’s existing AQMAs and proposed AQMAS are all in areas where the levels of Nitrogen Dioxide (NO2), measured as an annual mean, have exceeded the standard.  These are all located on main traffic arterial routes into Plymouth and  ...  view the full minutes text for item 28.

29.

ENERGY FROM WASTE PLANT - INDEPENDENT LEGAL ADVICE pdf icon PDF 28 KB

At the request of the City Council on 30 July 2012 (Motion on Notice No 1 – Combined Heat and Power Plants refers), the Interim Chief Executive will submit a written report attaching independent legal advice received from Foot Anstey LLP, Solicitors, on the implications of the Council terminating the current contractual arrangements for an energy from waste plant at North Yard and revoking the current planning consent.

 

Foot Anstey LLP, Solicitors, have been invited to attend the meeting to present their findings.

Additional documents:

Minutes:

The Assistant Director for Democracy and Governance introduced Mr Gareth Pinwell and Mr Chris Hoare who had been engaged to provide the council with independent legal advice, Mr Pinwell reported that –

 

(a)            

Foot Anstey had been asked as to whether planning permission for the energy from waste facility granted on the 3 February 2012 could be revoked;

 

(b)           

advice had been provided in accordance with section 97 of Town and Country Planning Act 1990;

 

(c)            

the site was not one which was in the Waste Development Plan. However PPS10 guidance stated that other sites should be considered favourably when consistent with national policy and authorities waste plans. The site was in accordance with policies w7 and w8 of the Waste Development Plan.  When assessed and subject to the consideration and treatment of amenity issues the site was acceptable;

 

(d)           

the need to provide a facility to divert waste from landfill was undisputed and was a relevant consideration to apply;

 

(e)           

the choice of facility was in accordance with the waste plan. Its ability to be efficient and deliver heat was an important and appropriate consideration. The energy benefits, good overall efficiency and section 106 provisions were appropriate advantages subject to consideration of amenity and health issues;

 

(f)             

flood risks, transportation and access issues have been addressed appropriately through plans and improvements to infrastructure to mitigate impact;

 

(g)            

the merits of the applicants design, landscape design, effect on landscape character, visual amenity, impact on the historic environment and impact on natural environment had been subject to a logical and reasoned assessment and the judgements of the committee were reasonable;

 

(h)           

appropriate considerations were applied regarding the impact of noise during the construction phase and the operational phase of the plant;

 

(i)             

the committee considered advice from competent authorities regarding the plant’s impact on air quality. The plant had been issued a permit from the environment agency and the council’s public protection service had provided further advice.  The committee had appropriate consideration of the issues;

 

(j)             

safety concerns had been addressed by appropriate management plans.  The issue was also considered by the environment agency as part of the issue of a permit;

 

(k)           

neither the Health Protection Agency or the Plymouth Primary Care Trust recommended the rejection of the proposal and the committee had taken a reasonable approach to issues of health and wellbeing based on the evidence and documents available to them;

 

(l)             

the committee had given due consideration to Human Rights;

 

(m)          

the polytechnic report which had often been referred to was commissioned by the council in 1991 in connection with a gas fired power station in the prince rock area of the city.  As the report was with regard to a facility which differed from the North Yard facility in terms of location, nature and technology it could not form a consideration that would justify a revocation;

 

(n)           

the application had been subject to a previous unsuccessful judicial review.  Having paid regard to the development plan, other material  ...  view the full minutes text for item 29.

30.

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.

Additional documents:

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 30.2.

30.1

HAMPTON COTTAGES, REGENT STREET, PLYMOUTH. 12/00896/FUL pdf icon PDF 140 KB

Applicant:

Colourcolt Student Living Ltd

Ward:

Drake

Recommendation:

Grant Conditionally Subject to a S106 Obligation, with

delegated authority to refuse in the event that the S106

Obligation is not completed by 05 September 2012.

 

Additional documents:

Minutes:

(Mr D Wraighte)

Decision:

ApplicationGRANTED conditionally subject to a S106 Obligation, with delegated authority to refuse in the event that the S106 Obligation is not completed by 05 September 2012.

30.2

282 OUTLAND ROAD, PLYMOUTH. 12/00515/FUL pdf icon PDF 254 KB

Applicant:

WM Morrison Supermarkets Plc

Ward:

Peverell

Recommendation:

Refuse.

 

Additional documents:

Minutes:

This item was withdrawn.

31.

PLANNING APPLICATION DECISIONS ISSUED pdf icon PDF 87 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 17 July to 13 August 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.

Additional documents:

Minutes:

The Committee received a report of the Assistant Director of Development (Planning Services) on decisions issued for the period 17 July 2012 to 13 August 2012, including –

 

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

 

(Councillor Mrs Aspinall declared a prejudicial interest and Councillor Churchill declared pecuniary interests on the above item)

 

32.

APPEAL DECISIONS pdf icon PDF 10 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.

Additional documents:

Minutes:

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

33.

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.

Additional documents:

Minutes:

There were no items of exempt business.

SCHEDULE OF VOTING pdf icon PDF 25 KB

***PLEASE NOTE***

 

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

Additional documents: