Question No

Question By

Cabinet Member

Subject

1 (11/12)

Mr B Else

Councillor Fry

Units 1-13,

80 The Ride PL9 7JS

Reference ELECTORS QUESTION for Units 1-13, 80 The Ride PL9 7JS, 20th June 2011, replied to by Councillor Fry. Can PCC clarify these points?

A wheeled axel is fitted to static caravans so they can comply with planning regulations. How does a ‘touring caravan’ differ from any other caravan and not conflict planning consent? Please define ‘touring caravan’.

Response:

The legal definition of a caravan applies to all types of caravan; namely to caravans used as permanent residential accommodation for Gypsy and Traveller sites and park home estates and to caravan accommodation used for holiday purposes. So far as the law is concerned, a park/mobile home, a caravan holiday home, touring caravan or Gypsy and Traveller home are all capable of coming within the legal definition of a caravan provided they retain the element of mobility. Mobility, in this context, means that the caravan must be capable of being moved when assembled from one place to another.
Section 29 (1) of the Caravan Sites and Control of Development Act 1960 (as amended) defined a caravan as:
“… Any structure designed or adapted for human habitation which is capable of being moved from one place to another (whether being towed, or by being transported on a motor vehicle or trailer) and any other vehicle so designed or adapted but does not include

(A)    Any railway rolling stock which is for the time being on rails forming part of a system, or

(B)    Any tent

Question No

Question By

Cabinet Member

Subject

2 (11/12)

Mr B Else

Councillor Fry

Units 1-13,

80 The Ride PL9 7JS

Reference ELECTORS QUESTION for Units 1-13, 80 The Ride PL9 7JS, 20th June 2011, replied to by Councillor Fry. Can PCC clarify these points?

If additional ‘touring caravans’ are allowed, should that have been stated in the original consent as the site was built to house nomads?

Response:

This and the other related questions raise issues of possible breaches of planning control which will require further research. This has been referred to the Planning Compliance Team who will commence an investigation.

I will provide full written responses to this and other questions at the earliest opportunity when further enquiries have been completed.

Question No

Question By

Cabinet Member

Subject

3 (11/12)

Mr B Else

Councillor Fry

Units 1-13,

80 The Ride PL9 7JS

Reference ELECTORS QUESTION for Units 1-13, 80 The Ride PL9 7JS, 20th June 2011, replied to by Councillor Fry. Can PCC clarify these points?

If 13 means more than 13, what is the maximum number of caravans that could be housed on the site?

Response:

This and the  ...  view the full minutes text for item 31.

(a)

on a proposal to take measures to increase the level of planning control over houses in multiple occupation (HMO) in certain parts of the city;

(b)

indicating that the designation of an Article 4 Direction (A4D) would result in the withdrawal of the permitted development rights for specified types of development, requiring planning permission to be sought from the local planning authority;

(c)

advising that the option of using an A4D to give greater control over HMOs was recently consulted upon in the Sustainable Neighbourhoods Development Plan Document consultation and received support, although some landlords were opposed to it;

(d)

indicating that although A4Ds could not be applied retrospectively, additional restrictions would aid in achieving the goal of better balanced communities and would ensure that further areas of the city would not exceed significantly harmful concentrations of HMOs;

(e)

informing Cabinet Members that there were two types of directions, an immediate A4D and a non-immediate A4D.  An immediate A4D would expose the Council to potentially considerable financial risks from disadvantaged landowners;

(f)

indicating that the proposed non-immediate A4D would cover the area recommended in the Arup report including Mutley and Greenbank, and the City Centre. It would also provide controls in  Stonehouse, Stoke, Peverell, Beacon and Pennycross, Hartley and Mannamead, Higher Compton, Efford, Lispson and Laira, Mount Gould and East End.

(1)

a non-immediate Article 4 Direction is made, to control changes of use to Class C4 (Houses in Multiple Occupation) as set out in detail in the Appendix to this written report, pursuant to Article 4(1) of The Town and Country Planning (General Permitted Development) Order 1995 (as amended), to come into force no sooner than 12 months after notice of the withdrawal of permitted development rights is given;

(2)

officers are instructed to serve notice locally and notify the Secretary of State in accordance with The Town and County Planning (General Permitted Development) Order 1995 (as amended), and Annex A of the ‘Department for Communities and Local Government Replacement Appendix D to Department of Environment Circular 9/95: General Development Consolidation Order 1995 (978 0117531024)’, November 2010;

(3)

authority is delegated to the Cabinet Member for Planning, Strategic Housing and Economic Development to determine whether to confirm the Article 4 Direction, taking into account any representations received during the six week consultation

period, or to instruct further consultation should material changes to the Direction be appropriate as a result of consultation;

(4)

officers are instructed to prepare supporting planning guidance to amplify existing policy in relation to changes of use to Houses in Multiple Occupation, including necessary evidence gathering and consultation;

(5)

officers are instructed to refer the report to Planning Committee for information;

(6)

officers are instructed, in the event that an Article 4 Direction is confirmed, to carry out a review of the Article 4 Direction’s area and effect for consideration by Cabinet, 12 months  ...  view the full minutes text for item 33.

(a)

setting out a clear strategic direction to meet the locally assessed needs for Gypsy and Traveller sites in the short, medium and long term, to comply with the Plymouth Core Strategy Policy commitments and to enable compliance with the Coalition Government’s emerging national policy for Gypsy and Traveller sites; 

(b)

indicating that the identified need was for approximately 50 pitches, as set out in the Plymouth Core Strategy Policy CS17;

(c)

on problems and costs associated with unauthorised encampments and developments, which rose to 40 cases during 2010, at an  estimated current cost of circa £200,000 for dealing with them;

(d)

advising that the Coalition Government had allocated £60m to fund the provision of new Gypsy and Traveller sites through the National Affordable Homes Framework and Plymouth Community Homes had submitted a bid to develop a transit site subject to agreement with the City Council to develop and manage it;

(e)

indicating that through the site assessment work undertaken, officers had identified land in City Council ownership at Broadley Park Roborough, within South Hams, as the most suitable location for a transit site; 

(f)

informing Cabinet Members that, following extensive earlier consultations with local communities, and in the light of representations received, it was proposed that two sites at Mowhay Road, adjacent to the St Budeaux By-Pass should be supported in principle, to meet the locally assessed need;

(g)

indicating that Broadley Park and the two sites off the St Budeaux By pass (Mowhay Road), along with sites that already had planning permission at Ridge Road and Military Road, would provide a sufficient number of pitches to meet the identified need;

(h)

advising that, consequently, all other sites previously suggested, no longer needed to be pursued;

(i)

the decision was a key decision but had not appeared in the Forward Plan and had been dealt with under the procedure for urgent key

decisions.

(1)

in principle, support is given the identification of sites at Mowhay Road, St Budeaux By pass, Military Road, Efford and Broadley Park for meeting Plymouth’s identified need for Gypsy and Traveller sites;

(2)

officers are instructed to undertake a tendering process with the view to selecting a preferred bidder to acquire a lease to develop the site at Military Road, Efford as a Gypsy and Traveller site;

(3)

officers are instructed to submit a planning application at Broadley Park, Roborough as the location for a transit Gypsy and Traveller site, subject to funding being allocated from the Plymouth’s Affordable Homes funding bid;

(4)

officers are instructed to undertake further assessments of delivery options for the two sites at Mowhay Road, St Budeaux By-pass (Mowhay Road) including the taking of appropriate measures to secure delivery through funding bids.

(1)

the variations to capital spend and re-profiling are approved as detailed in Table 6 in the written report;

(2)

approval is given to the Blue Badge administration fee increase to £4.60 plus VAT, with effect from 1 January 2012;

(3)

approval is given to the budget virements as detailed in Figure 9 of the written report;

(4)

savings in the insurance premiums are clawed back from departmental budgets and held in corporate items pending the annual review of reserves and provisions.

£000

£000

£000

£000

Schemes

11/12

12/13

13/14

14/15

2,135

-

-

-

Purchase of replacement refuse vehicles

140

-

-

-

Aiming High for Disabled Children

50

700

-

-

Capitalised maintenance works to West Hoe Pier

160

398

-

-

Saltram Countryside Park - Phase 1

100

176

1,029

1,542

Plymouth Connect Local Sustainable Transport schemes

89

-

-

-

Royal Parade Pedestrian Crossing

65

-

-

-

Honicknowle Multi Use Games Area (MUGA) and Plan Hub

50

-

-

-

Neswick Street (Stonehouse) Play Area

13

-

-

-

Radford Quarry

14

-

-

-

Russell Avenue Tennis Courts

35

-

-

-

Brickfields Athletics Stand

2,851

1,274

1,029

1,542

Total of new Schemes for approval in Oct 2011

(1)

approval is given to the recommended action, to put the Civic Centre out to an OJEU procurement, with a view to the Council taking a leaseback of reduced space in a refurbished building;

(2)

prior to OJEU, the officers will continue to explore the opportunity for freehold disposal;

(3)

this decision is referred to the Overview and Scrutiny Management Board, for comment.

(a)

incapacity benefit would be phased out nationally by 2014 and claimants were being assessed on their availability to work and for entitlement to other benefits;

(b)

the change would effect over 10,000 people in the Plymouth area and reassessment letters were beginning to be sent out. The process was at an early stage and the impact on claimants was difficult to assess at present;

(c)

a variety of national and local work was underway to support claimants through the incapacity benefit change process;

(d)

the Council commissioned services from a number of voluntary sector organisations which included advice and support for those going through the process;

(e)

the Council was also undertaking a needs assessment to inform commissioning of advice and support services from 2012/13 and this would take into account needs associated with incapacity benefit changes.

(1)

the current position with regard to the migration of claimants from incapacity benefit together with support services available, is noted;

(2)

officers are asked to keep the situation under review and take this into account in service planning. 

(a)

following approval, in March 2011, for the submission of a bid for funding from the Department for Transport’s Local Sustainable Transport Fund for the Plymouth Connect Scheme costing £6.359m, the Department of Transport had advised that the Council had been successful in securing the £4.33 million of capital and revenue funding sought from the Local Sustainable Transport Fund between 2011/12 and 2014/15;

(b)

the balance of the funding consisted of £0.75m from the Section 106 Agreement for the Morley Park development and an allocation of £1.21m from the Council’s Local Transport Plan Capital Programme Integrated Block between 2011/12 and 2014/15;

(c)

Plymouth Connect consisted of a package of walking and cycling infrastructure improvements along the Eastern Corridor, linking to the Waterfront and to Devonport and Stonehouse;

(d)

design and development work associated with the highway infrastructure improvements and personalised travel planning

was programmed to commence from October 2011, with delivery during 2012/13 through to 2014/15.

(1)

the report is noted; 

(2)

Plymouth Transport and Highways develop and deliver the Plymouth

Connect scheme on the basis of the outline set out in the officer’s written report. 

(a)

Plymouth City Airport was owned by Sutton Harbour Holdings Limited and was held on two related leases from the City Council for 150 years from April 2004;

(b)

under the terms of the lease Plymouth City Airport was entitled to close the airport in the event that it was not viable for its Principle Purpose, defined as a public airport providing passenger air

services on a regular and commercial basis to members of the public;

(c)

Plymouth City Airport Limited served a Non-Viability Notice on the Council on 24 December 2010 which gave 12 months’ notice of closure of the airport and the Council needed to respond to the Notice as soon as practicable, but in any event no later than the expiry of the Notice which would be on 23 December 2011;

(d)

in order to inform its decision on how to respond to the Notice, the City Council had commissioned three pieces of work -

(i)

with Plymouth Chamber of Commerce, an economic study of Plymouth City Airport and options for its future, carried out by Berkeley Hanover Consulting Limited (the study was circulated to Cabinet Members);

(ii)

due diligence on company accounts of Plymouth City Airport Limited, carried out by auditors, Grant Thornton UK LLP;

(iii)

soft market testing of potential scheduled air services using smaller aircraft (20-seat aircraft rather than the 50-seat aircraft in the ASW fleet) and alternative airport operators, carried

out by Oriens Advisers Limited;

(e)

the decision was a key decision but had not appeared in the Forward Plan and had been dealt with under the procedure for urgent key

decisions.

(1)

the Council accept the Notice of Non-Viability, dated 24 December 2010, that Plymouth City Airport Limited/Sutton Harbour Holdings Limited wish to close Plymouth City Airport for its principal use of providing public commercial air services;

(2)

the Council enter into discussions with Plymouth City Airport Limited/Sutton Harbour Holdings Limited with the aim of securing continued use of the airport for FOST and search and rescue on a temporary basis whilst future options are considered;

(3)

the area covered by the Derriford and Seaton Area Action Plan is amended so as to exclude Plymouth Airport, as identified in the report, and to incorporate this change in a revised Pre-Submission Draft of the Area Action Plan for further consultation;

(4)

until such time as the Core Strategy Review (Plymouth Plan) is submitted for public examination, officers are instructed to continue to apply the Council’s current planning policies and guidance for Plymouth Airport, including:

?

Adopted Core Strategy: Area Vision 9 (2) and Vision Diagram, Strategic Objective 14 (Delivering Sustainable Transport), Policy CS27 (Supporting Strategic Infrastructure Proposals) and Policy CS28 (Local Transport Considerations);

?

 Interim Planning Statement 16 (Plymouth Airport  ...  view the full minutes text for item 39.

(1)

provide a surface contrast to funnel pedestrians to the area between the road studs demarking the crossing. This would be delivered by introducing a buff surface for the length of the zig zags either side of the crossing – highlighting the crossing;

(2)

changing the colour of the poles to aid identification and location for crossing;

(3)

change the tactile paving to burnt red;

(4)

introduce seating or planters on the pavement areas either side of Royal Parade to provide a visual pointer towards the crossing point;

(5)

review the light timings to seek a reduction in the call time and duration of the green man, to make the crossing more appealing to users;

(6)

discuss with the Department for Transport the provision of count down signs to make the crossing more appealing and better inform users.

(a)

advising Cabinet Members that the recently adopted Third Local Transport Plan had a strong focus on enabling people to take up more physically active travel as part of a healthier lifestyle and opening up cycling routes through parks was also echoed by Plymouth’s Green Infrastructure Delivery Plan;

(b)

on proposals to revoke two existing bylaws and replace them with versions which were consistent with respect to cycling through parks and recreation grounds.  It was proposed that both bylaws were amended to open up the possibility of allowing cycling in certain parks whilst reducing or removing the need for excessive signage and to increase powers that are available to tackle inconsiderate cycling;

(c)

the proposal to revoke and replace the existing bylaws would not in itself affect the legality of cycling in the parks, but it would make it possible for the Council to permit cycling in certain parks if deemed appropriate after risk assessment and consultation with relevant Council departments, Ward Members and park user groups.  In such locations, signs or notices would be installed or amended to indicate that cycling was permitted;

(d)

once approved by the City Council, a bylaw would be prepared, sealed and advertised.  A copy of the bylaw would then be held on deposit at the Council offices for at least 28 days for members of the public to view and make any formal objections. Following the deposit period and the consideration of any objections, the bylaw would be submitted to the Secretary of State for Communities and Local Government for confirmation. The Secretary of State fixes the date on which the bylaw comes into effect.

(1)

approval is given to the release of Picklecombe Cottage, subject to an acceptable price being received, this to be agreed by the joint chairs in consultation with the relevant Cabinet Members and the Directors of Finance of the constituent authorities;

(2)

the additional land leading to the waterfront, in front of the property, is included to maximise receipts;

(3)

any capital receipt from Picklecombe Cottage is ring-fenced for investment into the park, to generate further revenue savings; this being a special case and not to be seen as setting a precedent;

(4)

the capital is used to maximise the revenue savings and income generation opportunities in the park, the exact projects to be decided on the basis of individual business plans, and the overall business plan for the park;

(5)

the full business cases is brought to the joint committee and Cabinet for consideration as soon as possible to ensure the savings required in the 2011/12 financial year can be achieved.