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

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

The Committee will be asked to confirm the minutes of the meeting held on 9 February 2017.

Agreed the minutes of the meeting held on 9 February 2017.

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

Peter Ford (Head of Development Management) provided Members with an update on the recent application to the High Court for permission to proceed with a Judicial Review with regards to Peirson House.  He highlighted to Members that Judicial Reviews for planning cases at Plymouth City Council were extremely rare (there had been three in the last 10 years, none of which had been successful).

The result of the application for permission for a Judicial Review was made known on 28 February.

The Hoe Conservation and Residents Association (the Applicant) brought the claim against the Council in reference to the planning application to demolish Peirson House and replace it with apartments.

The application for permission to proceed with the Judicial Review claim was refused by the Planning High Court on 24 February, with the Judge stating in his decision that ‘The grounds were wholly unarguable and the case came close to being certified as totally without merit’.  The Judge also stated in his reasons that ‘ it was unacceptable for this claim to have been brought without complying with the pre-action protocol, especially in view of the type of grounds which the claimant has sought to put forward’.

The Judge considered that ‘The claimant would have been able to see that the proposed grounds of challenge are bad, and both costs and delay could have been avoided.  The approach taken in the claim form would appear to be tactical, if not abusive’.

The Applicant had seven days from 28 February, in which to ask for a Court hearing (as is their right) to review the decision.  It was understood from their website that they have asked for such a hearing which has not yet been formally confirmed by the Court.

The Council have also been awarded costs against the Applicant in the sum of £5,000 due to the nature of the review.

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.

There were no questions from members of the public.

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.

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.

Mr Mavin

Decision:

Application GRANTED conditionally.

Mr Kevin Briscoe

Decision:

Application GRANTED conditionally.

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

(The Committee heard representations against this application)

(The Committee heard from the applicant’s agent)

(A Planning Committee site visit was held on Wednesday 8 March 2017 in respect of this application)

Plymouth Deaf Association

Decision:

Application DEFERRED to allow the applicant time to submit amended plans relating to parking provision and drainage details.

Mr Tim Barrow

Decision:

Application GRANTED conditionally subject to S106 Obligation.  Delegated to

Assistant Director of Strategic Planning and Infrastructure to refuse if not signed in accordance with agreed timescales

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

(The Committee heard from the applicant’s agent)

Mr David Bartlett

Decision:

Application GRANTED conditionally subject to the inclusion of an Informative relating to parking –

Informative: if a future Controlled Parking Zone was introduced in the area the Council would consider whether or not the property would be excluded from the proposed Controlled Parking Zone.

(The Committee heard from Councillors Bowie and Wheeler, ward councillors, speaking against this application)

(Councillor Stevens’ proposal to include an informative relating to parking, having been seconded by Councillor Mrs Pengelly, was put to the vote and declared carried)

(Councillor Sam Davey’s proposal to recommend to the Cabinet Member for Transport and Housing Delivery to review the existing Policy for Controlled Parking Zones, having been seconded by Councillor Mrs Bridgeman, was put to the vote and declared carried)

Mrs Dahal

Decision:

Application GRANTED conditionally.

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

Mr Hisham Shibl

Decision:

Application GRANTED conditionally subject to the inclusion of Informatives relating to parking and the Code of Construction –

Informatives:

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

The Assistant Director for Strategic Planning and Infrastructure, acting under powers delegated to him by the Council, will submit a schedule outlining all planning applications determined since last Committee, 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

The Committee noted the report from the Assistant Director for Strategic Planning and Infrastructure on planning applications determined since last Committee.

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

Peter Ford (Head of Development Management) advised the Committee that –

Members were further advised that £5,000 costs had been awarded against the Council in relation to the Hoe Road-Pier Street application.  The Inspector considered that the decision the Committee made had been unsound.  Officers challenged the Inspector’s decision as they felt that the Committee gave proper grounds for refusal.  

After many months of negotiation, the Inspector agreed that costs should not have been awarded against the Council; however as the decision had already been made the only way to overturn this decision was to go to the High Court, which was not practical due to the costs involved.  Officers managed to negotiate the original award of costs from £9,000 down to £5,000.

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

***Please note***

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