Agenda and minutes

Planning Committee - Monday, 24 October 2005 6.30 pm

Venue: Guildhall, Abingdon

Contact: Carole Nicholl, Democratic Services Officer  01235 547631

Items
No. Item

144.

Notification of Substitutes and Apologies for Absence

To record the attendance of Substitute Members, if any, who have been authorised to attend in accordance with the provisions of Standing Order 17(1), with notification having been given to the proper Officer before the start of the meeting and to receive apologies for absence.

Minutes:

The attendance of a Substitute Member who had been authorised to attend in accordance with the provisions of Standing Order 17(1) was recorded as referred to above with an apology for absence having been received from Councillor Richard Farrell.  An apology for absence was also Councillor Peter Jones. 

145.

Minutes

To adopt and sign as a correct record the minutes of the meeting of the Development Control Committee held on 26 September 2005.

Minutes:

The minutes of the meeting of the Development Control Committee held on 26 September 2005 were adopted and signed as a correct record.  

146.

Declarations of Interest

To receive any declarations of Personal or Personal and Prejudicial Interests in respect of items on the agenda for this meeting. 

 

In accordance with Part 2 of the Local Code of Conduct and the provisions of Standing Order 34, any Member with a personal interest must disclose the existence and nature of that interest to the meeting prior to the matter being debated.  Where that personal interest is also a prejudicial interest, then the Member must withdraw from the room in which the meeting is being held and not seek improperly to influence any decision about the matter unless he/she has obtained a dispensation from the Standards Committee.

Minutes:

Councillors declared interests in report 153/05 – Planning Applications as follows:

 

Councillor

Type of Interest

 

Item

Reason

Minute Ref

Sylvia Patterson

Personal and prejudicial

 

KEN/18819

Owns a property next to the application site

 

DC.156

Jerry Patterson

Personal and prejudicial

 

KEN/18819

Owns a property next to the application site

 

DC.156

 

Councillors also declared interests in report 152/05 - Enforcement Programme as follows:

 

Councillors

Type of Interest

 

Item

Reason

Minute Ref

Matthew Barber

Personal

 

Enforcement item re Hazelwood, Spring Copse, Hinksey Hill, Oxford

SHI/17672/5

 

Acquainted with the applicants' wife

 

DC.158

Roger Cox

Personal

 

Enforcement item re Hazelwood, Spring Copse, Hinksey Hill, Oxford

SHI/17672/5

 

Acquainted with the applicants' wife

 

DC.158

Terry Cox

Personal

 

Enforcement item re Hazelwood, Spring Copse, Hinksey Hill, Oxford

SHI/17672/5

 

Acquainted with the applicants' wife

 

DC.158

Monica Lovatt

Personal

 

Enforcement item re Hazelwood, Spring Copse, Hinksey Hill, Oxford

SHI/17672/5

 

Acquainted with the applicants' wife

 

DC.158

Margaret Turner

Personal

 

Enforcement item re Hazelwood, Spring Copse, Hinksey Hill, Oxford

SHI/17672/5

 

Acquainted with the applicants' wife

 

DC.158

Pam Westwood

Personal

 

Enforcement item re Hazelwood, Spring Copse, Hinksey Hill, Oxford

SHI/17672/5

 

Acquainted with the applicants' wife

 

DC.158

 

147.

Urgent Business and Chair's Announcements

To receive notification of any matters, which the Chair determines, should be considered as urgent business and the special circumstances, which have made the matters urgent, and to receive any announcements from the Chair.

Minutes:

The Chair advised that agenda item 15 - Enforcement Programme - would be considered immediately following agenda item 10 - Forthcoming Public Inquiries and Hearings.  She also advised that item 14 - Planning Application ECH/18921/1 - had been withdrawn from the agenda.  

 

The Chair reminded Councillors and members of the public that all mobile telephones should be switched off during the meeting.  

148.

Statements and Petitions from the Public Under Standing Order 32

Any statements and/or petitions from the public under Standing Order 32 will be made or presented at the meeting.

Minutes:

Two members of the public had each given notice that they wished to make a statement at the meeting under Standing Order 32.  Both related to the Enforcement item regarding Hazelwood, Spring Copse, Hinksey Hill (SHI/17672/5) (minute DC.158 refers).  One Member of the public had given notice that they wished to present a Petition under this Standing Order.

 

(1)        Dr Goodhead made a statement seeking enforcement action to be taken against the owners of Hazelwood as he believed that unauthorized development had taken place.  Retrospective approval had previously been given when development had proceeded in a manner that was different from that permitted.   A re-survey had revealed that the land survey was correct but that the house and garage had been repositioned.  He had expressed concerns when the foundations had been laid and was concerned at the height and nature of parts of the development.  The garage roof pitch was too high and officers had initially proposed to agree changes as minor amendments, which Dr Goodhead disagreed with.  He believed that the information in the officer's report and the information provided by the applicants was poor and the design did not comply with the old or new drawings.  Furthermore, there had been no response to his questions concerning the toilet window.  He urged the Committee to enforce the plans approved in July and ensure that the height was reduced and conditions were met. 

 

(2)        Mr Bedford made a statement explaining the main aspects of the development undertaken at Hazelwood.  The floor slab of the garage was at the approved level and the eaves were at the approved height.  However, to achieve a door height in the room above the garage, the roof height had been increased slightly.  The roof pitch was now 45° rather than 42° as previously approved.  He had not seen the toilet window in its present form but undertook, if necessary, to ensure that it was permanently locked. 

 

The Chair thanked the speakers for their statements. 

 

(3)        Councillor Pam Westwood presented a petition to the Chair of the Committee on behalf of the Group Seeking Openness from Local Authorities (G-SOLA).  In the petition, the Group regretted a lack of consultation on further housing at Grove and sought a poll of all Wantage residents.  The petition contained 10 signatures.  The Chair received the petition. 

149.

Questions from the Public Under Standing Order 32

Any questions from members of the public under Standing Order 32 will be asked at the meeting.

Minutes:

None

150.

Statements and Petitions from the Public under Standing Order 33

Any statements and/or petitions from members of the public under Standing Order 33, relating to planning applications, will be made or presented at the meeting.

Minutes:

Six members of the public had given notice that they each wished to make a statement at the meeting.  However one member of the public was not present. 

151.

Materials

To consider any materials submitted prior to the meeting of the Committee.

 

ANY MATERIALS SUBMITTED WILL BE ON DISPLAY PRIOR TO THE MEETING.

Minutes:

The Committee received and considered materials as follows:

 

(1)        Horse and Jockey, Chilton (CHI/11292/9)

 

By 16 votes to nil it was

 

            RESOLVED

 

            (a)        that the use of the following materials be approved: -

           

IbstockHamsey Mixed Stock bricks

Artificial slate – Eternit Rivendale Blue/Black

 

(b)        that the sample of concrete tile submitted be refused and the applicants be requested to supply a clay tile for consideration.

 

(2)        Demolition of existing garage building.  Erection of 4 one bedroom flats, 2 two bedroom house, 2 three bedroom house / four bedroom house or 2 five bedroom houses together with associated parking and garages, Uffington Garage, Broad Street, Uffington (UFF/1082/8)

 

            RESOLVED

 

            that the use of the following materials be approved: -

           

Natural stone

Michelmersh Hampshire Stock Orange Red bricks

Ibstock Buckingham ChancelMix bricks

Eternit ACME clay plain tiles – Ockham Light mix

 

(3)        Thames View, Abingdon (ABG/319/19-D)

 

            RESOLVED

 

            (i)         that the use of the following materials be approved: -

           

Artificial slate – Eternit Rivendale Blue/Black

Clay plain tiles – Eternit ACME Antique, Eternit ACME Burnt Flame and Eternit ACME Grey Sand

 

(ii)        that authority be delegated to the Chief Executive in consultation with the Chair and/or Vice-Chair of the Development Control Committee and local Members to approve the distribution of the materials across the site. 

152.

Appeals

Lodged

 

The following appeal has been lodged with the Planning Inspectorate for determination:-

 

Appeal by Mr B R Caisbrook against the Council’s decision to refuse to permit the erection of a triple garage on land at St Hilarion, Harcout Hill (NHI/6289/3).

 

Recommendation

 

that the agenda report be received.

Minutes:

The Committee received and considered an agenda item which advised of one appeal which had been lodged with the Planning Inspectorate for determination.  

 

RESOLVED

 

that the agenda report be received.

153.

Forthcoming Public Inquiries and Hearings

A list of forthcoming public inquiries and hearings is presented.

 

Recommendation

 

that the report be received.

 

Minutes:

The Committee received and considered details of forthcoming Public Inquiries and Hearings.

 

RESOLVED

 

that the agenda report be received.  

PLANNING APPLICATIONS

The Committee received and considered report 153/05 of the Assistant Director (Planning) detailing planning applications, the decisions of which are set out below.  Applications where members of the public had given notice that they wished to speak were considered first. 

154.

SHI/1753/10 - Change of Use, Alteration and Extension to Two Dwellings and Erection of Seven Further Dwellings. Isis Works, St Lawrence Road, South Hinksey

Minutes:

CouncillorRawcliffe made a statement on behalf of South Hinksey Parish Council welcoming new housing in the village but objecting to the height and pitch on the original design.  In the latest application, the properties nearest the Church had more bedrooms in the roof and he considered this would have a detrimental impact on the Church and the nearby listed farmhouse.  He commented that the increase in density would have implications for traffic, particularly on the junction at the A34 and that parking was difficult in the village and would get worse.  Finally, he commented that the development would not provide a comfortable, safe environment in the village. 

 

James Mallinson made a statement objecting to the application, agreeing with the comments made by the representative of the Parish Council regarding parking and traffic.  There had already been a significant impact on his Listed property from the development of Isis House and the height of the new development would impact also. 

 

Peter Uzzell, the applicant's agent, made a statement in support of the application, believing it was proper to submit amended planning applications to make developments more profitable.  Some minor alterations had been proposed, which resulted in less volume and the parking standards being met in full.  There had been a reduction in the number of dwellings which would generate less traffic.  There was no increase in height in the dwellings nearest the church and some of ridge heights had been reduced.  One dwelling had even been moved further away from the Listed farmhouse. 

 

As the Committee did not have the power to alter the County Council's adopted parking standards nor alter the access on to the A34, it was considered that these objections could not be resolved.  The Committee noted that the impact on the Listed farmhouse and church had been reduced.  Members also recognised that the development replaced the old industrial use of the site and therefore would result in less traffic.  However, some concern was expressed at the tone of the letter from the Parish Council. 

 

By 16 votes to nil it was

 

RESOLVED

 

that application SHI/753/10 be approved subject to the conditions set out in the report. 

155.

WAN/3417/27 & 28-LB - Change of Use of First and Second Floors from Office to 3 x 1 Bed and 4 x 2 Bed Flats. 13 - 17 Newbury Street, Wantage

Minutes:

Further to the report, the officer advised the Committee that the County Engineer had no objections to the application on highways grounds, given the existing office use of the site. 

 

Mr Mortimer, an objector, had requested to address the meeting but was not in attendance. 

 

Mr Gordon Haslett, the applicant's agent, made a statement in support of the application.  In contrast to the Town Council's views, he reported that only a small amount of the building was currently used as office space, the remainder was vacant despite being advertised by an agent.  There was no demand for low grade office accommodation in the town.  Spare parking capacity was available in the area and traffic generation would have a limited impact on local people. 

 

Some concern was expressed at the lack of parking provision and that it would be difficult for residents to park in the public car parks at peak times.  The cumulative effect could have a long term detrimental effect on the town's economy.  In response, one Member reported that 20% of households in the Vale had no car.  However, the majority of Members supported the proposed development.  Residential development near the town centre was welcomed and the development would improve the appearance of the building. 

 

By 15 votes to 1 it was

 

RESOLVED

 

that applications WAN/3417/27 and WAN/3417/28-LB be approved subject to the conditions set out in the report. 

156.

KEN/18819 - Erection of 3 Detatched Houses and Garages with Access off Cow Lane. The Manor House, Kennington

Minutes:

(Councillors Jerry Patterson and Sylvia Patterson both declared personal and prejudicial interests in this item and in accordance with Standing Order 34 they left the meeting during its consideration.) 

 

Mr Myers, the applicant, made a statement in support of the application.  The site used to have cottages on it in the 19th century.  Although there was a problem with the access vision splay, the adjoining landowner had agreed to negotiate its improvement. 

 

If the access problems could be overcome, Members were in support of the proposal and welcomed the design that included thatched roofs. 

 

By 14 votes to nil it was

 

RESOLVED

 

that authority be delegated to the Chief Executive, in consultation with the Chair and/or Vice-Chair of the Development Control Committee, subject to no objections from Environmental Protection, to a legal agreement ensuring the maintenance of the visibility splays at the junction of Cow Lane and Kennington Road and enabling the use of Cow Lane to gain access to the site, and subject to the conditions set out in the report. 

157.

ECH/18921/1 - Conversion of Existing Barn to Offices. Land Opposite VOWH Depot, Challow Road, Wantage

Minutes:

This application was withdrawn from the agenda.  

158.

Enforcement Report

To receive and consider report 152/05 of the Assistant Director (Planning). 

Minutes:

(Councillors Matthew Barber, Roger Cox, Terry Cox, Monica Lovatt, Margaret Turner and Pam Westwood all declared personal interests in this item and in accordance with Standing Order 34 they remained in the meeting during its consideration.) 

 

The Committee received and considered report 152/05 of the Assistant Director (Planning) which looked at five enforcement cases.  Details of each case were considered. 

 

In respect of Hazelwood at Spring Copse, Hinksey Hill, it was noted that the Enforcement Officer had measured the garage and ascertained that it was 0.325m higher than permitted.  This was to achieve the height for a doorway and ceiling for the first floor.  The Committee considered that despite mistakes that had been made, it had to consider the issue as if it was a fresh planning application.  Members considered that the increased height to allow a doorway and ceiling was acceptable and would have been granted planning permission.  Therefore, the Committee agreed not to take enforcement action, although Members requested that the officers investigated the window as installed to ensure it complied with the existing permission. 

 

RESOLVED

 

(a)        that authority be delegated to the Chief Executive, in consultation with the  Monitoring Officer and Solicitor and the Chair and/or Vice-Chair of the Development Control Committee, to take enforcement action in the following cases, if in their judgement it is considered expedient to do so:

 

(i)                  To cease any residential use, and secure the removal of, an unauthorised dwelling at Willow Farm, Lower Road, Chilton, Didcot, CHI/17556 (by 16 votes to nil);

                        

(ii)                To secure the removal of an unauthorised dwelling at Apple Tree House, Lincombe Lane, Boars Hill, Oxford, SUN/17821 (by 16 votes to nil);

 

(b)        that no enforcement action be taken in the following cases but that they remain on the active enforcement list:

 

(i)         To remove the enforcement case against Mr Tarojamani and an unauthorised boundary wall and gates at 58 Hurst Lane, Cumnor, CUM/18489/1-E (by 16 votes to nil);

 

(ii)        To remove the enforcement case against Mr P Caudwell and the unauthorised use of agricultural buildings at Cross Trees Farm, Sutton Courtenay, Abingdon, as kennels, SUT/184/6-E (by 16 votes to nil); and

 

(iii)       To take no further action in the enforcement case against Mr D. Matthews and the increase in height and pitch of the garage roof, subject to the officers investigating the window as installed to ensure it complies with the existing permission at Hazelwood, Spring Copse, Hinksey Hill, Oxford, SHI/17672/5 (by 13 votes to 1 with 2 abstentions).

Exempt Information Under Section 100A(4) of the Local Government Act 1972

None

 

 

The meeting rose at 8.12pm