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

Media

Items
No. Item

42.

DECLARATIONS OF INTEREST

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

Additional documents:

Minutes:

The following declarations of interest were made in accordance with the code of conduct –

 

Name

Minute No. and Subject

Reason

Interest

Councillor Nicholson

47. Compliance of Planning Conditions Imposed upon Planning Ref 11/00750 (for the construction of Energy from Waste Plant in Her Majesty’s Naval Base, Devonport)

 

Employed by Babcock International Group

Personal

Councillor Wheeler

46.2 Bostons Boat Yard, Baylys Road, Plymouth. 12/01180/FUL

Cattewater Harbour Commission Member.

 

Personal

Councillor Tuohy

46.2 Bostons Boat Yard, Baylys Road, Plymouth. 12/01180/FUL

Known to Captain Boston.

Personal

Councillor Vincent

47. Compliance of Planning Conditions Imposed upon Planning Ref 11/00750 (for the construction of Energy from Waste Plant in Her Majesty’s Naval Base, Devonport)

 

Member of South West Devon Waste Partnership.

Personal

 

43.

MINUTES pdf icon PDF 88 KB

The Committee will be asked to confirm the minutes of the meeting held on 20 September 2012.

Additional documents:

Minutes:

Agreed the minutes of the meeting held on 20 September 2012 subject to the addition that Councillor Nicholson did not vote on minute number 38.

44.

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:

To facilitate good management of the meeting, the chair requested that item 6 be considered after item 7 and that item 7.4 be considered before item 7.1.

45.

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:

There were no questions from members of the public.

46.

PLANNING APPLICATIONS FOR CONSIDERATION pdf icon PDF 38 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.  Addendum reports were submitted in respect of minute numbers 46.1, 46.2, 46.3 and 46.4.

46.1

10 THIRD AVENUE, BILLACOMBE, PLYMOUTH. 12/01425/FUL pdf icon PDF 84 KB

Applicant:

Mr P McMullin

Ward:

PlymstockDunstone

Recommendation:

Grant Conditionally.

 

Additional documents:

Minutes:

(Mr P McMullin)

Decision:

Application DEFERRED due to a possible discrepancy within submitted plans.

 

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

 

(This agenda item was moved to enable efficient management of the meeting)

46.2

BOSTONS BOAT YARD, BAYLYS ROAD, PLYMOUTH. 12/01180/FUL pdf icon PDF 209 KB

Applicant:

Mr I Pugsley

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 24 October 2012.

 

Additional documents:

Minutes:

(Mr I Pugsley)

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 24 October 2012. Condition 25 is amended to include provision for a footpath link through the southern boundary of the site to provide continuous public access along the waterfront at the western end of the site from the existing footpath on the Old Wharf. 

 

(The Committee heard representations against the application from Councillor Mike Leaves and Councillor Ken Foster, ward members).

 

(The Committee heard representations against the application).

 

(The Committee heard representations in support of the application).

 

(Councillor Wheeler and Councillor Tuohy declared a personal interest the above item)

 

(This agenda item was moved to enable efficient management of the meeting)

46.3

SEAWINGS, 101 LAWRENCE ROAD, PLYMOUTH. 12/01339/FUL pdf icon PDF 154 KB

Applicant:

Mr Andrew Preston

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 18 January 2013.

 

Additional documents:

Minutes:

(Mr Andrew Preston)

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 18 January 2013.

 

(The Committee heard representations against the application from Councillor Mike Leaves and Councillor Ken Foster, ward members).

 

(The Committee heard representations against the application).

 

(The Committee heard representations in support of the application).

 

(This agenda item was moved to enable efficient management of the meeting)

46.4

21 DEAN ROAD, PLYMOUTH. 12/01520/FUL pdf icon PDF 91 KB

Applicant:

James Dean and Kerry Everson

Ward:

Plympton St Mary

Recommendation:

Grant Conditionally.

 

Additional documents:

Minutes:

(Mr P McMullin)

Decision:

Application DEFERRED for further considerationof appropriate landscaping, changing of roof to mitigate the overlooking of 17 and 19 School Close, the use of velux windows, lowering the garage roof and suitable screening from 19 Dean Road.

 

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

 

(The Committee heard representations against the application).

 

(The Committee heard representations in support of the application).

 

(Councillor Darcy’s motion to defer the application, having been seconded by Councillor Jon Taylor, was put to the vote and declared carried)

 

(Councillor Nicholson declared a personal interest in this item and did not take part in the debate)

 

 (This agenda item was moved to enable efficient management of the meeting)

47.

COMPLIANCE OF PLANNING CONDITIONS IMPOSED UPON PLANNING REF 11/00750 (FOR THE CONSTRUCTION OF ENERGY FROM WASTE PLANT IN HER MAJESTY'S NAVAL BASE, DEVONPORT) pdf icon PDF 58 KB

The Director for Place will submit a written report on the ‘Compliance of Planning Conditions Imposed Upon Planning Ref 11/00750 (For the Construction of Energy From Waste Plant in Her Majesty’s Naval Base, Devonport).

 

Additional documents:

Minutes:

The Assistant Director for Planning Services submitted a report on the compliance of planning conditions imposed upon planning permission ref 11/00750 (for the construction of Energy from Waste Plant in Her Majesty’s Naval Base, Devonport). Alan Hartridge, Planning Officer, was in attendance to present the report and informed members that –

 

(a)   there had been four breaches over 38 days of monitoring. Weekly checks had taken place from the 13 August 2012 and six complaints were under investigation;

 

(b)  the operation of equipment had been moved  from the site boundary after noise breaches with portable acoustic barriers installed to mitigate against further  breaches. Further checks would be undertaken after the installation of barriers;

 

(c)   breaches relating to work taking place outside of scheduled hours (as per the construction code of conduct) had taken place.  Two breaches occurred in September due to equipment failure. The breaches did not exceed 15-20 minutes. The Community Liaison Manager would be informed of future breaches and there would be a publication of the breaches on the MVV website;

 

(d)  technical details of how noise was monitored and managed was embedded in schedule 5 of the Section 106 agreement in the noise management plan;

 

(e)  monitoring from consultants suggests that mitigating  measures had ensured that the noise levels could be kept within permitted levels;

 

(f)    noise level limits were the most stringent seen on a site in the city. More acoustic barriers were on order, the maximum height of which were 3.5 meters so they remained portable and were able to be deployed quickly to reduce noise levels;

 

(g)   it would be unreasonable to prosecute automatically for breaches without further investigation into the reasons; 

 

(h)  complaints which related to noise and dust were not confirmed by independent monitoring;

 

(i)    a complaint regarding early morning noise before construction hours had been denied by MVV. There was no evidence to confirm the report and further complaints had not been received;

 

(j)    the noise monitoring steering group was made up of technical officers as defined by the clause in the section 106 agreement.

 

Agreed

 

(1)  to note the position regarding compliance with conditions and obligations to date and agree to the suggested report programme (appendix 2) of the report;

 

(2)  to authorise an investigation into alleged breaches and any possible enforcement action with a report on the outcome to be brought back to committee;

 

(3)  that the Assistant Director of Planning investigates the noise levels with a view to lowering them, possibly by a variation of the section 106 agreement, with a report on the outcome to be brought back to committee.

 

(Councillor Nicholson declared a personal interest in the above item and abstained from the vote)

 

(This agenda item was moved to enable efficient management of the meeting)

48.

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 10 September to 8 October 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 from the Assistant Director, Planning Services, on decisions issued for the period 10 September 2012 to 8 October 2012, including –

 

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

49.

APPEAL DECISIONS pdf icon PDF 13 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.

50.

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:

SCHEDULE OF VOTING pdf icon PDF 36 KB

***PLEASE NOTE***

 

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

 

Additional documents: