Agenda and minutes

Venue: Council House, Plymouth

Contact: Lynn Young  Email: lynn.young@plymouth.gov.uk

Media

Items
No. Item

101.

Appointment of Vice Chair

Additional documents:

Minutes:

The Committee agreed to appoint Councillor Kelly as Vice Chair for this particular meeting.

102.

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 Number and Item

Reason

Interest

Councillor Mrs Foster

107 – Plymstock School Grounds (between Howard Road and Church Road) – WCA.011

Member of the Plymouth Local Access Forum

Personal

Councillor Mrs Foster

108– Slipway from Lake Road to Hooe Lake adjoining the Royal Oak public house – WCA.004

Member of the Plymouth Local Access Forum

Personal

Councillor Mrs Foster

109 – Land between Church Hill Road and Stamford Lane, Turnchapel – WCA.007

Member of the Plymouth Local Access Forum

Personal

Councillor Mrs Foster

110 – 6 Finches Close, Plymouth, 16/01935/FUL

Close relative has a house in Finches Close

Personal

Councillor Kelly

107 – Plymstock School Grounds (between Howard Road and Church Road) – WCA.011

Governor of Plymstock School

Prejudicial

Councillor Kelly

109 – Land between Church Hill Road and Stamford Lane, Turnchapel – WCA.007

Some of the residents who have registered as using the area are known to him

Personal

Councillor Stevens

109 – Land between Church Hill Road and Stamford Lane, Turnchapel – WCA.007

Employee of Devon and Cornwall Police

Personal

Councillor Stevens

110 – 6 Finches Close, Plymouth – 16/01935/FUL

One of the applicants is his partner’s cousin

Personal

 

103.

Minutes pdf icon PDF 114 KB

The Committee will be asked to confirm the minutes of the meeting held on 15 December 2016.

Additional documents:

Minutes:

Agreed the minutes of the meeting held on 15 December 2016.

104.

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.

105.

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 for this meeting, in accordance with part B, paragraph 11 of the Constitution.

 

Question No.

Question by

Committee Chair

Subject

Q1 16/17

Mr Emery

Councillor Mrs Bridgeman

Public Rights of Way

Question: 

 

Statutory Regulations require the Council to consider Public Path Order applications within two years.  Why are applications listed on the Council's website from 2009 still outstanding and what action is being taken to record the 750 known footpaths in Plymouth on the Definitive Map before the 2026 cut off date?

 

Response:

 

There is no statutory requirement for a Public Path Order to be completed within two years and the processing of such applications is a discretionary power not a statutory duty.  In the past decade Plymouth City Council has only accepted 2 applications for a Public Path Order which it has progressed promptly; one under the Highways Act 1980 at Ridgeway School in Plympton which was completed in 2012 and the second under the Town and Country Planning Act 1990 at the Former Downham School site in Plymstock which was considered by Planning committee in February 2016, confirmed in November 2016 and brought into effect in January 2017.

 

We are not aware of any evidence that there are 750 unrecorded public rights of way in Plymouth.  Whilst the 2026 cut-off date implemented by Parliament will have an impact on any unrecorded path which existed prior to 1949 the intention of Parliament appears to be to encourage national and local user groups to identify those paths which are important to them and work with local authorities to ensure they are protected, which may be done by submitting an application for a modification order before 2026.  Plymouth City Council enjoys a good track record of dealing with applications to modify the definitive map and statement promptly. We were successful at a public examination where this committee’s decision was upheld last summer, there is a public inquiry into another application being arranged for later this year and three further applications will be considered at today’s meeting.  Details about all the applications we are dealing with are available online if further information is required.

 

106.

Planning Applications for consideration

The Assistant Director for Strategic Planning and Infrastructure 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.

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 Conservations Areas) Act, 1990.

107.

Plymstock School Grounds (between Howard Road and Church Road) - WCA.011 pdf icon PDF 615 KB

Applicant:

Mrs Maureen Edwards

Ward: 

Plymstock Radford

Recommendation:

Refuse

 

Additional documents:

Minutes:

The Strategic Director for Place submitted a report outlining proposals for an Order, under section 53 of the Wildlife and Countryside Act 1981, to modify the definitive map and statement of public rights of way by the addition of a public footpath from Howard Road, heading south through the grounds of Plymstock School to a point on Church Road.

 

The Committee was satisfied that the evidence submitted by the applicant was insufficient to support the view that public rights of way subsist, or could be reasonably alleged to subsist, and therefore REFUSED to make a Modification Order.

 

(The Committee heard representations against this application)

 

(Councillor Kelly declared a prejudicial interest in this agenda item and was not present for the debate or vote on this item)

 

Councillor Mrs Foster declared a personal interest in this agenda item)

108.

Slipway from Lake Road to Hooe Lake adjoining the Royal Oak public house - WCA.004 pdf icon PDF 333 KB

Applicant:

Radford and Hooe Lake Preservation Association

Ward: 

Plymstock Radford

Recommendation:

Refuse

 

Additional documents:

Minutes:

The Strategic Director for Place submitted a report outlining proposals for an Order, under section 53 of the Wildlife and Countryside Act 1981, to modify the definitive map and statement of public rights of way by the addition of a byway open to all traffic from Lake Road heading west over a slipway to Hooe Lake.

 

The Committee was satisfied that the evidence submitted by the applicant was insufficient to support the view that public rights of way subsist, or could be reasonably alleged to subsist, and therefore REFUSED to make a Modification Order.  However it was agreed that officers would work with the Radford and Hooe Lake Preservation Association to endeavour to find the correct piece of legislation to protect this slipway for future use.

 

(The Committee heard representations in support of this application)

 

Councillor Mrs Foster declared a personal interest in this agenda item)

109.

Land between Church Hill Road and Stamford Lane, Turnchapel - WCA.007 pdf icon PDF 633 KB

Applicant:

Radford and Hooe Lake Preservation Association

Ward: 

Plymstock Radford

Recommendation:

Approve

 

Additional documents:

Minutes:

The Strategic Director for Place submitted a report outlining proposals for an Order, under section 53 of the Wildlife and Countryside Act 1981, to modify the definitive map and statement of public rights of way by the addition of a footpath linking Church Hill Road and Stamford Lane, Turnchapel.

 

The Committee was satisfied that the evidence submitted by the applicant was robust enough to support the view that public rights of way subsist, or could be reasonably alleged to subsist, and therefore AGREED to make a Modification Order.

 

(The Committee heard representations against this application)

 

(Councillors Mrs Foster, Kelly and Stevens declared a personal interest in this agenda item)

110.

6 Finches Close, Plymouth - 16/01935/FUL pdf icon PDF 163 KB

Applicant:

Mr & Mrs Hanley-Wildman

Ward: 

PlymstockDunstone

Recommendation:

Grant Conditionally

 

Additional documents:

Minutes:

Mr Steven Didymus

Decision:

Application GRANTED conditionally.

 

(The Committee heard from Councillor Churchill, ward councillor, speaking against this application)

 

(Councillors Mrs Foster and Stevens declared personal interests in this agenda item)

 

(A Planning Committee site visit was held on Wednesday 11 January 2017 in respect of this application)

111.

Planning Enforcement Policy pdf icon PDF 197 KB

To seek the views of the Planning Committee regarding the Planning Enforcement Policy and to request approval for it to be formally adopted.

Additional documents:

Minutes:

The Committee noted the Planning Enforcement Policy.  The following suggestions were made to officers –

 

·         The Council’s website should provide more information on S215 untidy land notices;

·         There should be some Planning Committee involvement in identifying priorities for enforcement cases based on the policy;

·         Officers to consider staff resource requirements for enforcement in light of its importance;

·         Enforcement policy should be communicated as widely with possible with the local community/interested parties;

·         Clarification is needed on ways the public can report alleged breaches in planning control and whether this always needs to be in writing.

112.

Planning Application Decisions Issued pdf icon PDF 52 KB

The Assistant Director for Strategic Planning and Infrastructure, acting under powers delegated to him by the Council, will submit a schedule outlining all decisions issued from 6 December 2016 to 22 December 2016, 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 to view online at: http://www.plymouth.gov.uk/planningapplicationsv4/welcome.asp

 

Additional documents:

Minutes:

The Committee noted the report from the Assistant Director for Strategic Planning and Infrastructure on decisions issued for the period 6 December 2016 to 22 December 2016.

113.

Appeal Decisions pdf icon PDF 16 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 these Delegated Planning Applications are available to view online at:

http://www.plymouth.gov.uk/planningapplicationsv4/welcome.asp

Additional documents:

Minutes:

The Committee noted the schedule of appeal decisions made by the Planning Inspectorate.

Schedule of voting pdf icon PDF 27 KB

***Please note***

 

A schedule of voting relating to the meeting is attached as a supplement to these minutes.

 

Additional documents: