Agenda and minutes

West Dorset District Council Planning Committee
Thursday, 6th December, 2018 2.15 pm

Venue: Rooms A and B, South Walks House

Contact: Elaine Tibble 01305 838223  Email: etibble@dorset.gov.uk

Items
No. Item

98.

Code of Conduct

Members are required to comply with the requirements of the Localism Act 2011 and the Council’s Code of Conduct regarding disclosable pecuniary and other interests.

 

Check if there is an item of business on this agenda in which the member or other relevant person has a disclosable pecuniary or other disclosable interest

 

Check that the interest has been notified to the Monitoring Officer (in writing) and entered in the Register (if not this must be done within 28 days)

 

Disclose the interest at the meeting (in accordance with the Council’s Code of Conduct) and in the absence of dispensation to speak and/or vote, withdraw from any consideration of the item where appropriate.  If the interest is non-pecuniary you may be able to stay in the room, take part and vote.

 

Minutes:

There were no declarations of interest.

99.

Minutes

To confirm the minutes of the last meeting, previously circulated. 

Minutes:

Cllr Potter requested that the following changes be made to the minutes of 15 November 2018:

 

Minute number 89, under Members’ questions and debate, paragraph 2 to change from:

 

The Development Manager advised that illustrative landscape plan submitted for the prison development showed 2 access point to the river Frome at the north of the site, but did not show a pedestrian access point to Glyde Road.

 

To:

 

The Development Manager advised that illustrative landscape plan submitted for the prison development showed 2 access point to the river Frome at the north of the site, but did not show a pedestrian access point to Glyde Path Road.  There is in fact no access to the River Frome, just to one side of the Mill Stream.

 

Also the first word ‘as’ be removed from the first sentence of paragraph 5 (Minute 89).

 

The Chairman made the amendments and it was agreed that the minutes should be signed as a correct record.

100.

Planning Applications

To consider the applications listed below for planning permission.

 

A copy of third party representations is available to view on the Planning Portal at Dorsetforyou.com/planning applications.  Please note that third parties that have indicated that they wish to make verbal representations to the committee are allowed up to 3 minutes to speak.  There will be specific occasions when, at the chairman’s discretion, this may vary and the relevant parties will be notified accordingly.

 

101.

Application No. WD/D/17/002955 - FORMER TENTED TRAINING CAMP, CAMP ROAD, CHICKERELL, WEYMOUTH, DT4 9HH pdf icon PDF 351 KB

Change of use of land to outside storage of boats and caravans and War Games; and use of existing buildings for Class B1 and B8 uses.

 

 

Minutes:

The Senior Planning Officer presented the report showing all relevant plans and drawings.

 

She advised that war games would only take place on Sundays between the hours of 10.00hrs and 17.00hrs.  She added the guns used would be low velocity and low noise and that the pellets used would be biodegradable.

 

She advised that there had been no objection from Natural England, however, they had suggested a specific barn owl box and some netting for bats and that an approved Biodiversity Mitigation Plan had been submitted.

 

The Senior Planning Officer advised that the only change to the site would be the addition on safety netting.

 

The Development Manager advised that condition 5 in the report stated that the storage of boats and caravans should be limited to 3 caravans and 6 boats; but this should read that the storage of boats and caravans should be limited to 6 caravans and 3 boats. It was also clarified that the operation of the war games was proposed to be on Sundays and the description of the development should read …and use of existing buildings for Class B1 and B8 uses

 

 

Public Participation

 

Oral representation in support of the application was received from Mr Vowles, applicant.  He advised that most of the war game would take place in the building and that all war games would be marshalled to avoid shouting and swearing.  He advised that any income received from the storage element of the application would be used to enhance the site.

 

Oral representation in objection to the application was received from Mrs Lee who was concerned about the possibility of people living in the caravans on site.  She considered that the site was too close to neighbouring properties, causing a loss of amenity through noise disturbance especially on a Sunday which she considered to be a day of quiet leisure and religion.  She also considered that there was a risk that local pets could be harmed by stray pellets.

 

Ward Members

 

Cllr Gardner advised that the site had been identified in the Preferred Options of the Local Plan Review and may be included in the Neighbourhood Plan as a possible housing site.  He advised that the site had significant wildlife.  However, he was inclined to accept the Officer’s recommendation of approval.

 

Cllr Dunseith considered that the proposed use of the site was not appropriate for a Sunday and would cause noise disturbance to neighbouring properties.  She was also concerns that there would be a significant impact on wildlife.

 

Members’ questions and debate

 

Cllr Jones asked if a condition could be added to renovate or demolish the existing buildings on site.  The Development Manager advised that the application was to regulate the use of the buildings only and no work to the building was proposed and renovation could not be conditioned. If the building were used for purposes other than set out in the application and restricted by the suggested conditions enforcement action could be taken. 

 

Members discussed the application and  ...  view the full minutes text for item 101.

102.

Application No. WD/D/18/001922 - LAND AT BANK AND RIDGE FARMS TO WEST OF, SCHOOL HILL, CHICKERELL pdf icon PDF 298 KB

Application for approval of reserved matters of appearance, landscaping and scale of outline planning permission WD/D/16/01443 

 

Minutes:

The Planning Officer presented the report showing all relevant plans and drawings and gave the following update:

 

He advised that he would like to substitute condition 3 attached to the Officer Report with the following as agreed with Dorset CC – Highways and the applicants. C G Fry and Son Ltd, as follows:

 

Revised Condition 3

 

Estate Road Construction (adopted or private)

 

Before each phase of the development is occupied the access, geometric highway layout, turning and parking areas shown on the submitted drawings for each phase must be constructed, unless otherwise agreed in writing by the Local Planning Authority.  Thereafter, these must be maintained, kept free from obstruction and available for the purposes specified.

 

REASON: To ensure the proper and appropriate development of the site.

 

The Planning Officer advised that 2 further representations had been received as follows:

 

Third Party Representation – received on 30/11/18

 

“I wish to bring to your attention to the fact that we are still yet to reach signed agreement with Frys and the landowners to release our right of way across the proposed development from the south at West Street to the north of the development.  We are unlikely to conclude matters prior to the decision date of 10th December as per the WDDC planning site.  Therefore as it stands we still have to continue with our objection of this proposed development.  Please advise if we need post an updated objection to the WDDC planning site in order to ensure our situation is made known to the council in their decision.

 

In our outline provisional agreement with Frys and the landowners we will continue with our right of access from the south of the site (at West Street) via a locked gate and a locked gate to the south side of the footpath along the northern boundary of the development with a 12 foot access width at all times which will need to be considered in the highways plans to ensure no problems with parked cars either side of our access route.  This I assume is a council matter and will therefore need to be taken into account in your planning decision for the housing layout relative to the highways plans and widths etc? “ 

 

Officers had replied to the objector prior to the Committee Meeting answering these concerns.

 

Third Party Representation – received on 04/12/18

 

“This application should be refused or at the very least postponed on the basis that the provision of Local NHS Healthcare provision has/ or is in the process of being totally withdrawn for the area. Chickerell is the fastest growing town in West Dorset, yet it finds itself in a situation whereby from March 2019, it will be without any local healthcare provision whatsoever. This is a major change to the Healthcare provision that was available when the original outline planning permission was approved. Therefore this decision should be revoked. Any decision to the contrary will be an affront to the Human Rights of the  ...  view the full minutes text for item 102.

103.

Application No. WD/D/18/001735 - 16 SPRINGFIELD CRESCENT, SHERBORNE, DT9 6DN pdf icon PDF 100 KB

Erection of rear extension, annexe extension, front porch and installation of balcony  

 

Minutes:

The Senior Planning Officer presented the report showing all relevant plans and drawings.

 

Public Participation

 

Oral representation was received from Mr Evans, applicant.  He advised that the proposed extension was to a family home with would allow elderly parents to live with the family.  He advised that the original application had been revised following comments received from neighbours.

 

Mr Evans advised that, in his opinion,there would be no overshadowing of neighbouring properties and there was no detrimental impact on the local area.

 

Members’ questions and debate

 

Members considered the application to be of good design, situated on a large plot and would not cause overshadowing of neighbouring properties.

 

It was proposed by Cllr Christopher and seconded by Cllr Elliott

 

Decision

 

To approve the application subject to the conditions set out in Appendix 1 to these minutes.

 

104.

Application No. WD/D/18/001800 - ROWAN TREE COTTAGE, SOUTH PERROTT, BEAMINSTER, DT8 3HU pdf icon PDF 168 KB

Demolition and erection of outbuilding.   

 

Minutes:

The Senior Planning Officer presented the report showing all relevant plans and drawings.

 

She advised that the Parish Council had objected to the application as they considered the building could be used as self-contained accommodation.  She advised that a condition had been added to ensure the building would not be occupied at any time other than for the purposes which formed an integral part of Rowan Tree Cottage.

 

Public Participation

 

Oral representation was received from Mrs Organ, Chairman of the Parish Council.  The main concern of the Parish Council was the potential use of the building as a self-contained unit situated in the AONB.

 

Oral representation was received from Mr Ludgate, the agent.  He advised that the building would be used for applicant’s hobby of upholstering and would occasionally be used as respite accommodation for a sick relative.  He advised that internal changes did not require permission, only the glazed door and window.

 

Members’ questions and debate

 

Members raised concerns that the proposed building could be used as an independent unit.  The Development Manager advised that the added conditions would mean the building would restrict the use as ancillary to Rowan Tree Cottage such that an independent dwelling would be a change of use requiring planning permission.

 

It was proposed by Cllr Bartlett and seconded by Cllr Christopher

 

Decision

 

To approve the application subject to conditions set out in Appendix 1 to these minutes.

105.

Urgent Items

To consider any items that the Chairman decides are urgent.

 

Minutes:

The Development Manager advised that this report has been brought to committee as an urgent item due to the Council being required to submit its statement of case on the appeal to the Planning Inspectorate by 1st January 2019.

 

The Chairman agreed that the following report could be heard as an urgent item:

 

On 10th July 2018,  outline planning permission was refused for the “demolition of existing buildings and erection of 14 no. dwellings with associated landscaping and parking” at the above site, under delegated powers.

 

There were two reasons for refusal, namely:

 

1.    The development by reason of the lack of a suitably worded S106 agreement to secure the 35% affordable housing provision on site and financial contribution is considered to be contrary to policy HOUS1 of the West Dorset, Weymouth & Portland Local Plan 2012. The lack of provision on site undermines the need for affordable housing in the village of Cerne Abbas and a financial contribution in lieu of on site provision is not considered acceptable as it would not deliver the affordable housing needed in the village. 

 

2.    The proposed use of soakaways with a pump to take water up to the infiltration features is not considered appropriate and undermines the benefits of using infiltration techniques. It has not been adequately demonstrated that the use of pumps is the only viable option for draining this site and the current layout restricts the positioning of the soakaway and limits other viable options. As such, without an appropriate Sustainable urban Drainage Strategy the proposed development could result in worsening surface water flooding on to neighbouring sites, the adjacent highway and the site itself. As such, this is contrary to policy ENV5 of the West Dorset, Weymouth & Portland Local Plan and section 10 of the National Planning Policy Framework (2012).

 

The second reason refusal resulted from the holding objection that Dorset County Council Lead Local Flood Authority had to the proposed development.

 

The applicant has appealed the refusal of planning permission and the appeal is to be determined by means of a public inquiry. Post the refusal of planning permission but prior to the submission of the appeal, the applicant engaged with Dorset County Council Lead Local Flood Authority (DCC LFFA) through the chargeable pre-application advice service they offer. The applicant provided additional information to DCC LFFA to demonstrate that the issue of drainage can be overcome such as not to result in worsening surface water flooding, subject to planning conditions. As such, we have received confirmation from DCC LLFA that if a new planning application was to be submitted they would withdraw their holding objection

 

As part of the current planning appeal the applicant/appellant has submitted the drainage strategy that DCC LFFA has no objection to. The drainage strategy has no impact on the layout of the development and officers have discussed it with the Council’s tree officer and the highway authority who would not object to it. As such it would appear that reason for refusal  ...  view the full minutes text for item 105.

106.

Date of Site Visit

Monday 14 January 2019.

Minutes:

Monday 14 January 2019.

107.

Exempt Business

To move the exclusion of the press and public for the following item in view of the likely disclosure of exempt information within the meaning of paragraph   of schedule 12A to the Local Government Act 1972 (as amended).

Minutes:

There were no items of exempt business.

108.

Informal Member's Briefings

To receive informal briefings from officers on major forthcoming applications (if any).

 

Minutes:

There were no informal briefings.

109.

Questions

To receive questions submitted by members in writing to the Chief Executive and in respect of which the appropriate notice has been given.

 

Appendix 1 pdf icon PDF 83 KB