Agenda and minutes

Venue: Council House, Plymouth (Next to the Civic Centre)

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

Media

Items
No. Item

105.

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 was made in accordance with the code of conduct –

 

Name

Minute No. and Subject

Reason

Interest

Councillor Tuffin

109.4 The New Waterfront Ltd, 9 Grand Parade, Plymouth 13/00201/FUL

Member of the Plymouth Waterfront Partnership.

 

Personal

 

106.

MINUTES pdf icon PDF 85 KB

The Committee will be asked to confirm the minutes of the meeting held on 4 April 2013.

Additional documents:

Minutes:

Agreed the minutes of the meeting held on 4 April 2013 subject to –

 

(a)

Councillor Smith being removed from voting AGAINST the motion to refuse on the 1 Seaton Avenue, Plymouth application, 13/00101/FUL;

 

(b)

Councillor Stark being included as voting FOR the motion to refuse and AGAINST the officer’s recommendation on the 1 Seaton Avenue, Plymouth application, 13/00101/FUL.

 

107.

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.

108.

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:

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

 

Question No

Question By

Cabinet Member or Committee Chair

Subject

Q13 -12/13

Mr Kilvington

Chair of Planning Committee

 

Energy from Waste Plant Planning Application

Question:

 

Nine breaches of recorded noise and working hours were reported to the South West Devon Waste Partnership meeting on 24 January 2013 for the period from commencement of main piling work in August 2012. What is the Council’s latest recorded total of MVV’s planning condition breaches for the project?

 

Response:

 

Since the 24th January 2013 there have been no further breaches of noise levels to date. There has however been one additional breach of working hours. This breach occurred on 5th February 2013, and involved overworking of approximately 50 minutes.

 

I and local members raised this matter with the Managing Director of MVV when we met him with officers on the 7th February 2013.  Mr Carey attributed this breach to an unforeseen and unexpected construction problems associated with having to deal with a blocked pipe during the pouring of concrete.

 

Following discussions with MVV about this incident, they have agreed to implement further specific contingency measures to reduce the likelihood of further working hours breaches. To date there have been no further working hours or other planning condition  breaches known to have occurred since.

 

Planning and Public Protection Officers will continue to monitor the MVV compliance with all the planning conditions and Section 106 provisions carefully, and where necessary take legal action if that is merited.

 

 

109.

PLANNING APPLICATIONS FOR CONSIDERATION

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 109.1, 109.2 and 109.3.

109.1

PARKVIEW HOUSE, TRELAWNEY LANE, PLYMOUTH, 13/00349/FUL pdf icon PDF 241 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 16/05/2013.

 

Additional documents:

Minutes:

(T & O Developments)

Decision:

Application GRANTED conditionally, subject to an informative to be added as follows:

 

Parkview House, or any of its residents, will be prevented from being granted a parking permit if a Controlled Parking Zone (CPZ) is implemented on Trelawney Lane in the future.

 

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

 

(The Committee heard representations against the application).

109.2

ERRIL RETAIL PARK, PLYMOUTH, 13/00147/FUL pdf icon PDF 645 KB

Applicant:

Optimisation Developments Ltd.

Ward: 

Plympton Erle

Recommendation:

Grant Conditionally

 

Additional documents:

Minutes:

(Optimisation Developments Ltd)

Decision:

Application MINDED TO GRANT conditionally, and DEFERRED for further consideration of the following transport and highways issues:

 

(i)          Alternative highway solutions for Heavy Goods Vehicles (HGVs) exiting the site including opportunities to use Plymouth Road and a mini roundabout at the junction of Cot Hill and Merafield Road.

 

(ii)        Improved cycling provisions on east bound side of Plymouth Road.

 

(iii)       Amendments to Condition 17 (Loading and Unloading Provision) to prioritise exit onto Plymouth Road.

 

(iv)       The potential of conditioning the applicant to undertake traffic monitoring.

 

The Committee agreed that the amendments to conditions 10 and 11 as detailed in the addendum report are rejected and, therefore, the conditions remain as follows:

 

(a)

Condition 10 - HOURS OF DELIVERY AND REFUSE COLLECTION:

No deliveries shall be taken at or dispatched from the site outside the hours of 6am until 10pm Monday – Saturday, nor at any time on Sundays, Bank or Public Holidays;

 

(b)

Condition 11 – OPENING HOURS:

The use hereby permitted shall not be open to customers outside the following times: 2100 hours to 0800 hours Monday to Saturdays inclusive and 1600 hours to 1000 hours on Sundays and Bank or Public Holiday.

 

(The Committee heard representations from Councillor Beer, ward member).

 

(The Committee heard representations against the application).

 

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

 

(Councillor Wheeler’s proposal to reject the amendment to Condition 11, as proposed in the addendum report, having been seconded by Councillor Stevens, was put to the vote and declared carried).

 

(Councillor Aspinall’s proposal to reject the amendment to Condition 10, as proposed in the addendum report, having been seconded by Councillor Nicholson, was put to the vote and declared carried).

 

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

109.3

LAND ADJACENT TO COMMONWOOD COTTAGE, ESTOVER CLOSE, PLYMOUTH, 13/00449/FUL pdf icon PDF 272 KB

Applicant:

Miss Beth Roberts

Ward: 

Moor View

Recommendation:

Refuse

 

Additional documents:

Minutes:

(Miss Beth Roberts)

Decision:

ApplicationMINDED TO GRANT and DEFERRED with delegated authority for the Assistant Director for Planning in consultation with the Chair, Vice-Chair and Councillor Mrs Bowyer to determine the application, subject to satisfactory responses in relation to:

 

(a)

a phase 1 Habitat Survey and associated protected species being completed and any mitigation measures addressed, to ensure that the Local Planning Authority are satisfied that the development will not have a significant impact on nature and biodiversity in the proposed location;

 

(b)

further consideration by the Local Planning Authority to agree suitable conditions which  should include conditions to address Core Strategy Policy CS18 (Plymouth’s Green Space)

(The Committee heard representations from Councillor Fox, ward member).

 

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

 

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

109.4

THE NEW WATERFRONT LTD, 9 GRAND PARADE, PLYMOUTH, 13/00201/FUL pdf icon PDF 107 KB

Applicant:

Plymouth Bike Hire

Ward: 

St. Peter & The Waterfront

Recommendation:

Grant Conditionally

 

Additional documents:

Minutes:

(Plymouth Bike Hire)

Decision:

Application GRANTED conditionally with an additional condition as follows:

 

Not to use the site for any other purpose other than for bike hire and the hire of associated cycling equipment

 

(The Committee heard representations from Councillor Penberthy, ward member).

 

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

 

(Councillor Tuffin declared a personal interest in respect of this item).

110.

PLANNING APPLICATION DECISIONS ISSUED pdf icon PDF 82 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 22 March 2013 to 21 April 2013, 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 22 March 2013 to 21 April 2013, including –

 

·                     Committee decisions

·                     Delegated decisions, subject to conditions where so indicated

·                     Applications withdrawn

·                     Applications returned as invalid

 

Members noted the planning applications issued.

111.

APPEAL DECISIONS pdf icon PDF 8 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:

Members noted the appeal decisions.

112.

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 29 KB

***PLEASE NOTE***

 

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

Additional documents: