Planning & Highways Committee Minutes 3 Oct 2002
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PLANNING AND HIGHWAYS COMMITTEE 3 OCTOBER 2002 (7.30 pm – 10.30 pm) Present: Councillors Worrall (Chairman), Adams, Mrs Ballin, Birch, Blatchford, Browne, Fawcett, Flood, Grayson, Henfrey, Jones, Kendall, Mrs Mattick, Mills, Piasecki, Mrs Pile, Mrs Ryder, Sargeant, Simonds and Thompson Apologies for absence were received from: Councillors Barnard and Mrs Hayes 65. Substitute Members The Committee noted the attendance of the following Substitute Members: Councillor Henfrey for Councillor Barnard Councillor Kendall for Councillor Mrs Hayes 66. Minutes RESOLVED that the minutes of the meeting of the Committee held on 5 September 2002 be approved as a correct record and signed by the Chairman. 67. Declarations of Interest Councillor Sargeant declared a personal and prejudicial interest in agenda item 7/4, applications 02/00106/FUL and 02/00108/LB (St Michael’s Church, Church Lane, Warfield), by virtue of his home address overlooking the application site. Councillor Thompson declared a personal interest in agenda item 7/9, application 02/00761/3 (Edgbarrow School, Sandhurst Road, Crowthorne) by virtue of his being a governor, appointed by the local education authority, at Edgbarrow School. 68. Urgent Item of Business (Item 4) Pursuant to Section 100B(4)(b) of the Local Government Act 1972 the Chairman gave notice that he was authorising consideration of an urgent item of business at the meeting. The item concerned an appeal which had been lodged with regard to an application at 40-42 High Street, Sandhurst, in relation to which a Public Inquiry was due to be held on 9 October 2002. In view of the date of the Public Inquiry and the issues raised in the report by the Head of Planning and Building Control, the matter could not be delayed to the next scheduled meeting of the Committee on 7 November 2002. The Chairman advised that the urgent item, which included exempt information, would be considered at the end of the meeting. (See Minute 73 below.) 69. Appeal Decisions Received (Item 5) The Head of Planning and Building Control submitted a report on the appeal decisions received since the last meeting of the Committee. RESOLVED that the report be noted. 70. Breach of Planning Control (Item 6) CON 71/01 Nestings, Jigs Lane North, Warfield Unauthorised development comprising: Erection of a building with an approximate floor area of 270 square metres and its use for commercial storage. A site visit had been held in respect of this item on 28 September 2002, which had been attended by Councillors Blatchford, Browne, Fawcett, Flood, Henfrey, Jones, Mrs Mattick, Mrs Ryder, Sargeant, Simonds, Thompson and Worrall. RESOLVED that the Head of Planning and Building Control be authorised to instruct the Borough Solicitor to pursue enforcement action to secure the removal of the unauthorised building, the removal of all debris arising from such demolition from the site and the replacement of top soil to restore the contours of the land to a height commensurate with adjoining natural ground levels for the following reason: (1) The unauthorised development has a materially detrimental impact on the character, appearance and function of the land in this countryside location contrary to the provisions of policies C2 of the Berkshire Structure Plan 1991 – 2006, EN8 of the Bracknell Forest Borough Local Plan and DP6 of the Deposit Draft Berkshire Structure Plan and advice contained in PPG7: The Countryside- Environmental Quality and Economic and Social Development. Compliance period: 6 months 71. Report on Planning Applications Received (Item 7) The supplementary report of the Head of Planning and Building Control was tabled and the Committee noted the additional information contained therein relating to applications: 01/00090/FUL & 02/00839/FUL, 02/00106/FUL & 02/00108/LB, 02/00862/FUL, 02/00806/FUL, 02/00485/FUL, 02/00743/FUL, 02/00761/3 and 02/00520/FUL 71/01 01/01008/FUL Bishops Lane Farm Bishops Lane Nuptown Erection of a 2 bedroomed agricultural dwelling following removal of existing wooden building A site visit had been held in respect of this application on 28 September 2002, which had been attended by Councillors Blatchford, Browne, Fawcett, Flood, Henfrey, Jones, Mrs Mattick, Mrs Ryder, Sargeant, Simonds, Thompson and Worrall. The Committee noted the comments of Warfield Parish Council and the representations received from the Nuptown Area Preservation Society, the British Wild Boar Association and the Department of the Environment, Food and Rural Affairs. On the basis of information submitted with the application, the Committee considered that there was a need for an agricultural dwelling which could not be met off-site and, notwithstanding the recommendation of the Head of Planning and Building Control to refuse, the Committee RESOLVED that the application be approved subject to the following conditions:- (1) Z101 Time limit for commencement of development (2) Z201 Approved Plans: (Drawing no. BL/100/01/A received 27 May 2002) (3) Z304 Agricultural workers condition (4) Z502 Samples of materials to be submitted (5) Z601 Details of hard and soft landscaping (6) Z605 Landscape work implementation (7) Z707 Details of access before development (8) Z1002A No additional floorspace (9) No development shall take place until details of the curtilage of the dwelling and the associated means of enclosure have been submitted to and approved in writing by the Local Planning Authority. The approved means of enclosure shall be implemented in full before the occupation of the dwelling approved in this permission. (10) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 Schedule 2 Part 1 Classes A-H inclusive (or any order revoking and re-enacting that Order with or without modification), no development within the curtilage of the dwelling house shall be constructed. (11) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking or re-enacting that Order with or without modification), no fences, gates, walls, hedges or other means of enclosure whatsoever shall be erected within or around the defined curtilage of the site referred to in condition 9 above other than those approved in relation to that condition. (12) The existing wooden building shown to be removed on plan BL/100/01/A shall be removed from the site within one month of the first occupation of the approved dwelling. 71/02 01/00090/FUL & 02/00839/FUL Planners Farm, Brock Hill, Winkfield Change of use of land from agricultural to concrete hardstanding for processing and composting of green waste. Erection of 2.5 metre high concrete panel wall surmounted by anti-litter mesh fence (overall height 5 metres) together with associated landscaping. Installation of water storage tank (overall height 6 metres). Construction of 2 underground tanks for the storage of run-off water. A site visit had been held in respect of these applications on 28 September 2002, which had been attended by Councillors Blatchford, Browne, Fawcett, Flood, Henfrey, Jones, Mrs Mattick, Mills, Mrs Pile, Mrs Ryder, Sargeant, Simonds, Thompson and Worrall. The Committee was advised that applications 01/00090/FUL and 02/00839/FUL were identical in all respects, with the exception of the name of the applicants. An appeal had been lodged against the non-determination of application 01/00090/FUL. In relation to application 01/00090/FUL, the Committee noted that comments had been received from Winkfield Parish Council and the Environment Agency, together with 145 letters of objection including letters from the Chavey Down Association, the Maidens Green Society, the Society for the Protection of Ascot and the Environs, and the Winkfield Row Association. In addition, a petition of objection, containing forty signatures from people belonging to the High Trees Community Association, had also been received. Two public meetings had been held on 30 March 2001 and 13 May 2002. In relation to application 02/00839/FUL, the Committee noted that comments had been received from Winkfield Parish Council and Warfield Parish Council, together with 90 letters of objection, including letters from the Chavey Down Association, The Maidens Green Society and the Winkfield Row Association. The supplementary report from the Head of Planning and Building Control also referred to further representations made in relation to both applications: a letter on behalf of the Winkfield Row Association and the Maidens Green Society, together with nine further letters of objection from the Society for the Protection of Ascot and the Environs, the Nuptown Area Preservation Society and the Lambrook Haileybury School. There were also two further representations from the Winkfield Row Association and the Maidens Green Society. The following motion was duly moved and seconded, in relation to which a recorded vote was requested in accordance with Council Procedure Rule 16.4: “In relation to application 01/00090/FUL the Planning Inspectorate be advised that, had an appeal not been lodged, the application would have been refused for the following reasons: (1) The proposal represents inappropriate development in the Metropolitan Green Belt, and further would have detrimental visual impact on the Green Belt and its open, rural and un-developed character. As such the proposals conflict with PPG3, Policy C4 of the BSP and Policies GB1 and GB2 of the BFBLP, and further it is considered that very special circumstances sufficient to justify inappropriate development do not exist. (2) The proposal is contrary to the Human Rights Act 1998 which makes it unlawful for a public authority to act in a way that is incompatible with the rights set out in the European Convention of Human Rights – specifically Articles 1 and 8. Whilst acknowledging that a council can take action where it has deemed it to be for a purpose that is legitimate, necessary and proportionate, the Council has failed to demonstrate that it has sufficiently considered other options at locations that would cause less interference with the private and family lives, homes and enjoyment of possessions of local residents.