PLANNING COMMITTEE

Meeting - 21 October 2009

First Part of the meeting

Present: Mrs Lowen Cooper (Chairman) , Mrs Cranmer (Vice -Chairman) Mrs Cranmer, Mr Bowater, Mr Brown, Mrs Holloway, Mrs Simmonds, Mr Thomson, Mr Weir and Mrs Woolveridge*

Also Present: Miss Arnold, Mr Clark, Ms Vigor -Hedderly and Mr Wilson

Apologies for absence : Mr Bradford, Mr Dhillon and Mr Reed

* Members attending site visits taken on 14 October 2009

61. MINUTES

The minutes of the meeting held on 23 September 2009 were confirmed and signed by the Chairman.

62. APPLICATIONS AND PLANS

Key to the following decisions:

ADV - Consent to Display Adverts; ARM - Approval of Reserved Matters; CI - Certificate of Lawfulness Issued; CON - Conservation Area Consent; D - Deferred; D (INF) - Deferred for Further Information; D (SV) - Deferred for Site Visits; D (PO) - Deferred for Planning Obligation; D (NEG) - Deferred for Negotiations; FCG - Consent for Tree Work; LBC - Listed Building Consent; OP - Outline Planning Permission; P - Application Permitted; R - Refused or Rejected; R (AO) – Refused against Officer recommendation; RC - Removal of Condition; TC - Temporary Consent; TP - Temporary Permission; ULBC - Unconditional Listed Building Consent; UP - Unconditional Permission; VG - Variation Granted; W - Application Withdrawn.

(A) APPLICATIONS FOR CONSIDERATION UNDER PLANNING ONLY:-

1. 09/00706/OUT Development o f a living and working community R for the creative industries comprising external Ltd streetscapes for filming, employment uses, education provision, residential development, landscaping and re-profiling of a former landfill area, formal and informal recreation provision, local retail and community facilities, an energy centre, access roads, car parking and ancillary facilities. Land adjacent to Pinewood Studios, Pinewood Road, Heath, Iver,

(Notes: (1) Prior to consideration of this application, Mr Mitchell Gear, on behalf of the objectors, and Mr Ivan Dunleavy, in support of the application, addressed the meeting – allowed as an exception to the rules on public speaking. (2) Mr Wilson, in attendance at the meeting as a non-member, addressed the Committee on this application (3) Mr Thomson declared a personal interest arising from his neighbours’ links with Pinewood Studios).

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2. 09/00707/FUL Highway improvements to the Five Points R Pinewood Studios roundabout. Five Points Roundabout, Ltd Road, Iver Heath, Buckinghamshire.

(Note: Mr Thomson declared a personal interest arising from his neighbours’ links with Pinewood Studios).

3. 09/00708/FUL Highway improvements to the Denham R Pinewood Studios Road/Sevenhills Road junction. Junction at Ltd Sevenhills Road and Denham Road, Iver, Buckinghamshire

(Note: Mr Thomson declared a personal interest arising from his neighbours’ links with Pinewood Studios).

The Committee adjourned at 17:15 and reconvened at 17:45

Second part of the Meeting

Present: Mrs Lowen-Cooper* (Chairman), Mrs Cranmer (Vice-Chairman),

Mr Bowater*, Mr Brown*, Mrs Holloway*, Mr Reed, Mrs Simmonds*, Mr Thomson*, Mr Weir* and Mrs Woolveridge*.

Apologies: Mr Bradford* and Mr Dhillon*

4. 09/00916/ FUL Two detached houses with integral garages and P L & P Services construction of vehicular access. Land rear of Budleigh, Parsonage Lane, , Buckinghamshire SL2 3NX

(Note: Prior to consideration of this application, Ms Linda Keely and Mr Colin Snowden, the objectors, addressed the meeting)

5. 09/01080/FUL Change of use from shop to hot food takeaway (Use P Mr Dean St John Class A5). 19 Langley Park Road, Iver, Buckinghamshire SL0 9QL. (Note: Prior to consideration of this applic ation, Mr Chris Ring, the objector, and Mr John Porter the applicant addressed the meeting)

6. 09/01123/FUL Redevelopment of site to provide 5 dwellings (one P Oakford Homes terrace of 3 units and 1 pair of units) with Ltd associated car parking, landscaping. Alteration to vehicular access. The One Pin, One Pin Lane, Farnham Common, Buckinghamshire SL2 3RD

(Notes (1): Mrs Cranmer informed the Committee that she had been reported in a local paper expressing the views of her ward regarding this site in 2008, but had come to the Committee without any pre-determination regarding this application). (2): Prior to consideration of this application, Mr Nigel O’Driscoll, the objector, and Mrs Jane Carter the agent addressed the meeting)

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7. 09/00655/ FUL Application to discharge and modify planning D(PO) LS Ltd. obligations in the Section 106 Agreement dated 16 th April 1997 ‘To permit the sale of food and drink’. The Bishop Centre, Bath Road, Taplow, Buckinghamshire SL6 0NX.

RESOLVED that this application be deferred and the decision to grant permission be delegated to the Head of Legal and Democratic Services/Head of Sustainable Development, subject to agreeing the definition of Highway works (Note: Mr Weir declared a personal interest in this application arising from )

8. 09/01146/FUL Retention and alteration of first floor and roof R Mr & Mrs extension incorporating front and rear dormers. Kotecha Two storey rear extension. (Amendment to planning permission 06/00777/FUL). Waterside (formally known as Harmony House), Bakers Wood, Denham, Buckinghamshire UB9 4LG.

9. 09/01148/FUL Retention and alteration of first floor and roof R Mr & Mrs extension incorporating front and rear dormers. Kotecha Two storey rear extension. (Amendment to planning permission 06/00777/FUL). Waterside (formally known as Harmony House), Bakers Wood, Denham, Buckinghamshire UB9 4LG.

10. 09/01150/FUL Retention and alteration of first floor and roof R Mr & Mrs extension incorporating front a nd rear dormers. Kotecha Two storey rear extension. (Amendment to planning permission 06/00777/FUL). Waterside (formally known as Harmony House), Bakers Wood, Denham, Buckinghamshire UB9 4LG.

(Note: Re applications 09/01146/FUL, 09/01148/FUL and 09/01150/FUL- letters from the owners and their solicitors were tabled for consideration before Members reached their decision).

(B) APPLICATIONS DETERMINED UNDER DELEGATED AUTHORITY

The Committee received for information a list of applications determined by the Director of Services.

63. 34A SWALLOW STREET, IVER HEATH, BUCKS, SL0 0HG

The Committee considered a report of the Director of Services requesting authority to issue and serve an Enforcement Notice in respect of the unauthorised erection of an outbuilding (timber shed/workshop) and children’s play fort on land at 34a Swallow Street, Iver Heath.

The unauthorised development was erected on the land to the rear of the site in March 2006 and was substantially completed in August 2006. The unauthorised development is known to be used by the site owner’s son and his family who live next door in 36A Swallow Street.

The site has a detailed planning and enforcement history and had been the subject of a number of planning applications including those for residential development. The land benefits from Certificates of Lawfulness dated 21 st March 2005 (planning reference 04/01046/EUC) and 23 rd May 2008 (planning

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reference 08/00575/EUC) for use of this land for residential purposes in connection with 36A Swallow Street (but not as residential curtilage).

On 21 April 2008 the Council refused an application for proposed operational development using Permitted Development rights rather than express planning permission (planning reference 08/00414/EUC) on this land. The subsequent appeal was dismissed on 13 January 2009. The Planning Inspector confirmed that the land on which that development was located did not form part of a residential curtilage and did not therefore benefit from any Permitted Development rights. The same principles were applied by officers to the land on which the subject unauthorised development was located.

Enforcement Officers visited the site and requested that the unauthorised development be removed. A site visit taken on 11 September 2009 confirmed that the unauthorised development remains.

The registered owner of the site, the owner’s son and his partner together with the sons planning agent have been informed in writing that authority was to being sought for the issuing of an Enforcement Notice seeking the removal of the unauthorised development and any associated materials in respect thereof from the site.

The Committee reviewed the reasons why it was considered expedient to take enforcement action.

The unauthorised development had been erected on land situated within the where there is a presumption against development other than for a specified list of categories such as development for agriculture or forestry. The unauthorised development does not fall within any of these categories and as such constitute inappropriate development, which by definition harmful to the Metropolitan Green Belt. As well as being unacceptable in principle, the unauthorised development represents a prominent physical and visual intrusion into the Green Belt, and no very special circumstances had been advanced sufficient to warrant an exception to the normal operation of Green Belt policy. As such the unauthorised development is contrary to policies GB1 and EP3 of the District Local Plan (adopted March 1999).

The site is located within the Colne Valley Park wherein proposals will only be permitted where, amongst other criteria, they maintain and enhance the landscape in terms of its character, its scenic and conservation value, and its overall amenity. The unauthorised development is not consistent with these aims and as such is contrary to the requirements of policy L6 of the South Bucks District Local Plan (adopted March 1999).

The unauthorised development, if permitted to remain is liable to act as a precursor of further proposals for similar forms of development at other comparable sites located within the Green Belt and Colne Valley Park, which the District Planning Authority would find increasingly difficult to resist and which, cumulatively, would be seriously detrimental to the character of the District and the effectiveness of the Green Belt and Colne Valley Park policies

Written representation from the owner/occupier of 36a and a letter in response from the Head of Legal & Democratic Services were considered by the Members before reaching their decision.

RESOLVED that an Enforcement Notice be issued and served pursuant to Section 172 of the Town and Country Planning Act 1990, as amended seeking the removal of the unauthorised outbuilding (timber shed/workshop) and children’s play fort and any associated materials in respect thereof from 34A Swallow Street, Iver Heath, Bucks SL0 0HG for the Reasons for Expediency set out in above; and In the event that the Enforcement Notice is not complied with that authority be given to take legal proceedings to secure compliance therewith.

64. OBJECTIONS TO THE SOUTH BUCKS DISTRICT COUNCIL TREE PRESERVATION ORDER NO. 15, 2009: ON LAND AT ASHBY, 43 CANDLEMAS LANE, .

The Committee considered a report of the Director of Services regarding objections to this Order raised by Mr Andrew Rose, of Ashby, 43 Candlemas lane, in respect of the Thuja and oak trees on this site, subject of the above Order. Having considered the contents of the letter submitted by the objector, the Arboriculturist’s response and photographs of the trees in question, taken with the reasons why the Order was made, it was

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RESOLVED that the South Bucks District Council Tree Preservation Order No. 15, 2009 be confirmed as made, without modification.

65. OBJECTIONS TO THE SOUTH BUCKS DISTRICT COUNCIL TREE PRESERVATION ORDER NO. 11, 2009: ON LAND ON NORTH SIDE OF BATH ROAD, BETWEEN WINDRUSH GARAGE AND LANDSDOWNE COURT, TAPLOW.

The Committee considered a report of the Director of Services regarding objections to this Order raised by Ms Anna Moultrie on behalf of Cooper Partnership Ltd, 127 Hampton Road, Redland, Bristol, in respect of the Plane trees on this site, subject of the above Order. Having considered the contents of the letter submitted by the objector, the Arboriculturist’s response and photographs of the trees in question, taken with the reasons why the Order was made, it was

RESOLVED that the South Bucks District Council Tree Preservation Order No.11, 2009 be confirmed as made, without modification.

66. ENFORCEMENT NOTICE PROGRESS REPORT

The Committee received for information a progress report which set out the up-to-date position relating to Enforcement Notices. The following verbal updates and responses were given at Committee:

The Laurels, Broken Gate Lane, Denham An update was requested at the last Committee. Although some works had been already commenced, Officers had continued to pressure the owner/occupier to undertake the necessary works to secure compliance with the enforcement notice. An email was received on 6 October 2009 and submitted to Members - stating the owner had every intention to comply with the enforcement notice, but was inhibited by financial restraints. Members were advised that prosecution at this time would not be in the public interest and would only frustrate resources away from works on site. Members agreed to allow to the end of March 2010 to comply with the enforcement notice. In the meantime the site would continue to be monitored.

Waterside, Denham The related planning applications were reported to this Committee and refused (see minute 62 above). A report would be prepared for the next Committee to consider issue of an enforcement notice. The report would detail the matters for the enforcement notice. Members were advised that there was still time to catch up with any planning appeal.

The Orchards, Love Lane, Iver A site visit taken on 19 October confirmed that all works had been completed and all resulting materials were now cleared. Enforcement notice had been complied with.

Land adjacent to Mansion Lane Caravan Site, Iver Two appeals have been submitted. Area A appealing on grounds D, F and G and area H appealing on grounds A and D. Public inquiry to be held for both. Certificate of lawfulness use had been submitted for area B.

Pinewood Hotel, Uxbridge Road, A site visit on 20 October confirmed that the timber building had now been removed and the concrete base will be totally removed in a few weeks. A site visit would be undertaken to confirm.

South End Cottage, Middle Green, Wexham An appeal regarding the refusal of planning permission regarding the gates, walls and piers was dismissed - decision letter 8.10.09. No appeal has been received to date regarding the enforcement notice, but still time. Date due for compliance is 6 December 2009.

67. GUIDANCE FOR ALL MEMBERS ON PLANNING MATTERS

The Committee received for information an updated “Guidance for All Members on Planning Matters” which was being recommended for adoption at the next Council meeting on 3 November 2009. The revisions to the Guidance took into account changes in particular to the LGA Probity in Planning Guidance.

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The Committee endorsed the revised “Guidance for all Members on Planning Matters” for adoption and inclusion in Part 5 of the Constitution.

68. PLANNING APPEALS

The Committee received details of planning and enforcement appeals lodged and determined. A. Appeal Statistics for the period 1 April 2009 – 30 September 2009

Planning appeals allowed (Planning application only as defined in BV204):

28.2% (11 out of 39) against a target of 30%

Total appeals allowed (Planning, tree, enforcement and other appeals):

30.2% (13 out of 43). No target set.

Percentage of appeals allowed in accordance with officer recommendation, despite decision to refuse by Members:

100% (1 out of 1). No target set. B. Appeals Lodged

(1) Planning Appeals Lodg ed Date Received

(a) 09/00045/FUL Redevelopment of site to provide 2 10/09/2009 Paragon detached dwellinghouses. Investing Ltd Land South of Home Farm, School Lane,

(b) 09/00679/FUL Two storey and first floor side 15/09/2009 Mr A Rihal extensions, incorporating increased ridge height to accommodate loft space. Pypers Lea, 25 Manor Lane,

(c) 09/00620/TPO Area of dense holly and bramble - Clear 15/0 9/2009 Mr J Allen 60 - 70%. (BCC TPO No. 16, 1951). 13 Copperfields, Beaconsfield

(d) 09/00350/FUL Extension to roof to create a first floor & 21/09/2009 Galaxy Burgers & construction of flue. Kebabs 20 Oxford Road, New Denham, Denham

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(e) 09/00922/FUL Single storey front/side extension. 15/09/2009 Mr & Mrs I Sundown Cottage, 42 Lane, Barrow Gerrards Cross

(f) 09/00673/FUL Construction of A5 (hot food take away) 24/09/2009 Sorbon unit with associated shop front. Investments Land Adjacent Unit 5, 16 Packhorse Road, Gerrards Cross

(g) 09/00087/VC Variation of Condition 2 of Planning 25/09/2009 T Badder Permission 03/00553/FUL to include colour mixing of paint in Unit 1(A), and an office and trade counter in both Units 1(A) & 2(B). Barn 4, Sutton Court Farm, Sutton Lane, Iver

(h) 09/00909/TPO Lawson Cyp ress (T1) - Fell and Yew trees 30/09/2009 Mr N Timms (G2) - Fell (SBDC TPO NO 31, 2008) Cleeves, 5 Sandelswood End, Beaconsfield

(2) Enforcement Appeals Lodged Date Received

(a) 07/20060/APPENF Appeal (to be reheard) against alleged 11/ 09/2009 C Ball breach: Without planning permission, the material change of use from agricultural use to a mixed use of agricultural use and storage for non- agricultural plant, equipment, vehicles and materials. Site at Land (Formerly Orchard Herbs) To The West Of Lake End Road,

(b) 09/30005/APPENF Change of use of land from agriculture 17/09/2009 to caravan site and erection of Mr W Smith buildings.

Land South Of Caravan Site, Mansion Lane, Iver

C. Appeal Decisions

(1) Planning Appeal Decisions Date Received

(a) 09/00587/FUL Retention of entrance gates, piers and 25/09/2009 Mr O O'Donovan walls. Dromenagh Farm, Sevenhills Road, Iver Heath Appeal dismissed – D

(2) Enforcement Appeal Decisions Date Received

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(a) 08/30010/APPENF Without planning permission, the 22/09/2009 G Singh Chadha creation of a driveway with associated lamps and posts and the laying of hard surfacing The Orchards, Love Lane, Iver Part Allowed & Part Dismissed

D. Appeals Withdrawn

Planning Appeal Withdraw n Date Received

(a) 08/01768/FUL Redevelopment of part of site to 28/09/2009 Mr Trevor Wickons st orey building and bin store. Davenies School, Station Road, Beaconsfield

Note: The letter(s) shown after the decision indicate:-

CO - Committee decision to refuse permission on officer recommendation CC - Committee decision to refuse permission contrary to officer recommendation D - Delegated officer decision to refuse permission ND - Appeal against non-determination of application

69. PLANNING ENFORCEMENT CASES WORKLOAD ANALYSIS

The Committee noted a report of the Director of Services, outlining enforcement performance monitoring information. The following figures were reported for the period October 2008 – June 2009:

Oct – Dec Jan – Mar Year Apr – Jun 08 09 (08/09) 09

No. of enforcement cases (allegations) open 773 774 706 715 at 1.10.08

No. of enforcement cases (allegations) open 774 715 715 633 at 31.12.08

No. of enforcement cases (allegations) 57 108 246 127 closed during the quarter

Age distribution of cases open at period end – less than one year 173 173 154 1 – 4 years 315 315 298 More than 4 years 227 227 181

RESOLVED that the report be noted.

70. RE-VISITING SITES / PROPERTIES WHERE PERMISSION HAS BEEN GIVEN

The next re-visiting of sites would be on 4 November 2009.

71. TERMINATION OF MEETING

The meeting terminated at 7.35p.m.

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