WEST AREA PLANNING COMMITTEE
23 April 2009
MINUTES
Held at Council Chamber, Elizabeth House, Stratford-upon-Avon Meeting commenced: 6.00 pm Meeting ended: 9.05 pm
Present: Councillor Laurence Marshall (Chairman) Councillors P Beaman, M Beckett, R Cockings, T Dixon, J Fradgley, A Gardner, R Hobbs, K James, S Juned, Sir W Lawrence Bt, E Payne and B Slaughter
862. Disclosure of Interests
Councillors K James and P Beaman declared personal interests in application 09/00096/FUL due to having received correspondence.
Councillors W Lawrence and R Hobbs declared personal interests in application 09/00262/FUL due to having received email correspondence.
863. Application 09/00096/FUL - Studley Football And Social Club, Abbeyfields Drive, Studley, Warwickshire, B80 7BF
APPLICANT Arden Leisure APPLICATION SITE Studley Football and Social Club, Abbeyfields Drive, Studley PROPOSAL 1 no. full size synthetic pitch and 2 no. five a side synthetic pitches and associated fencing. The extension and alterations to the existing club house, new vehicular access, revised car park layout, the erection of a new sports hall and replacement/additional floodlighting PUBLIC PARTICIPATION John Clarke and Mark Forgarty - Planning agents on behalf of the applicant
This application had been brought back to the Committee upon legal advice that the decision taken at the previous meeting contravened the Council’s constitution in relation to involvement of local members in decision-making.
Having considered the application and the representations made at the meeting, the Committee supported the officers suggested conditions as outlined in the Agenda and updated in the update sheet:
RESOLVED:
That Planning Application 09/00096/FUL be APPROVED.
864. Application 09/00262/FUL - N F U Mutual Insurance Society Ltd, Scholars Lane, Stratford-upon-Avon, Warwickshire, CV37 6HE
Councillors Cockings and Fradgley, as Ward Members, withdrew from the table during the discussion and voting on this application and took no part in the proceedings other than to address the Committee as Ward Members.
APPLICANT Earlplace Care Developments Limited
APPLICATION SITE N F U Mutual Insurance Society Ltd Scholars Lane Stratford-upon-Avon PROPOSAL Erection of 63 bed roomed care home, associated facilities, car parking. Revised vehicular access arrangements. Demolition of majority of existing office building. Change of use from B1 (offices) to C2 residential care home PUBLIC PARTICIPATION Cllr Bill Dowling – Stratford-on-Avon Town Councillor – Objecting Chris Howard – Objecting Nick James – Architect - Supporting
Updates since the preparation of the Officer’s report were circulated to the Committee as set out on the attached sheet.
Having considered the application, updates on the update sheet and the representations made at the meeting, the Committee, by 9 votes to 2 supported the officers recommendation and
RESOLVED:
(1) That Planning Application 09/00262/FUL be GRANTED subject to legal agreement and the amended conditions and note laid down in the update sheet. (2) That, in the event that the legal agreement was not completed by 12 May 2009, planning application 09/00262/FUL be REFUSED for the reasons given in the report.
865. Application 09/00363/FUL - Heart Of England Farms, Kington Lane, Claverdon, Warwick, CV35 8PP
APPLICANT Heart of England Farms APPLICATION SITE Heart of England Farm, Kington Lane, Claverdon PROPOSAL The variation of condition 1 of permission 02/01381/VARY to allow mobile home to be retained for 12 months for use as an office (retrospective) PUBLIC PARTICIPATION Parish Councillor Nigel Goodridge – Objecting
Updates since the preparation of the Officer’s report were circulated to the Committee as set out on the attached sheet.
After the initial presentation of this application, Councillor M Beckett left the meeting and was not present for consideration of any further applications.
Having considered the application, update sheet and the representations made at the meeting, the Committee, by 9 votes to 3, did not support the officer’s recommendation of GRANT, thereafter by 7 votes to 4 it was,
RESOLVED:
That Planning Application 09/00363/FUL be REFUSED for reasons covering;
1. The mobile home is excessive in size in relation to the agricultural use of the site, 2. An extant planning permission already exists, under planning permission S99/0168, for a first floor office, and, 3. It is considered that the applicant has had numerous previous opportunities to build out offices, either under permission S99/0168 or the building permitted under 07/01235/FUL, and remove the existing mobile home.
866. Application 09/00333/FUL - Grafton Rise, Ardens Grafton, Alcester, Warwickshire, B49 6DS
APPLICANT Mr C Neill APPLICATION SITE Grafton Rise, Ardens Grafton, Alcester PROPOSAL Erection of 2 storey side extension, first floor extension, 2 windows and a dormer to front, 5 rooflights and 2 dormer windows to side and balcony to rear PUBLIC PARTICIPATION Parish Councillor Anslow - Objecting Chris Neal – applicant and Simon Marson – Architect spoke in support
Updates since the preparation of the Officer’s report were circulated to the Committee as set out on the attached sheet.
Having considered the application, updates on the update sheet and the representations made at the meeting, the Committee, with 10 votes and one abstention supported the officers recommendation and
RESOLVED:
That, subject to the receipt of an amended plan showing the use of timber boarding on the gable end of the new garage extension, planning Application 09/00333/FUL be GRANTED subject to the conditions outlined in the report with the addition of the condition on the update sheet.
867. Application 09/00271/FUL - OS 8419, Newnham, Wootton Wawen, Warwickshire
Councillor Sir W Lawrence, as Ward Member, withdrew from the table during the discussion and voting on this application and took no part in the proceedings other than to address the Committee as Ward Member.
APPLICANT Mrs P T Mahoney-Phillips APPLICATION SITE OS 8419, Newnham, Wootton Wawen PROPOSAL Change of use to allow the grazing, schooling and exercising of horses PUBLIC PARTICIPATION Jeremy Harris and Robert Green - Objecting
Updates since the preparation of the Officer’s report were circulated to the Committee as set out on the attached sheet.
Having considered the application and the representations made at the meeting, the Committee, by a unanimous vote supported the officers recommendation and
RESOLVED:
That Planning Application 09/00271/FUL be REFUSED for the following reasons:
1. The use of the land for equestrian purposes would have a significant adverse visual impact on the character of the area as it would result in ancient ridge and furrow land being taken out of agricultural use and result in associated equestrian paraphernalia, such as horse jumps and moveable horse shelters being sited on the land. 2. The site is accessed via a single track unclassified E road which links onto Newnham Lane which is a narrow rural country road with few passing places. These roads leading to the site are inadequate for equestrian use and the proposed use would be harmful to highway safety.
868. Application 09/00429/FUL - Willow Park House, Church Road, Ullenhall, Henley-in-Arden, Warwickshire
Councillor Dixon, as Ward Member, withdrew from the table during the discussion and voting on this application and took no part in the proceedings other than to address the Committee as Ward Member.
APPLICANT Mr Derek Shields APPLICATION SITE Willow Park House, Church Road, Ullenhall PROPOSAL Erection of 2 storey extension following demolition of flat roofed section and conservatory PUBLIC PARTICIPATION John Clarke – Agent Mr Shields – Applicant
Updates since the preparation of the Officer’s report were circulated to the Committee as set out on the attached sheet.
Having considered the application and the representations made at the meeting, the Committee, with 9 votes and one abstention (Councillor Susan Juned) and
RESOLVED:
That Planning Application 09/00429/FUL be REFERRED to the Planning and Regulation Committee on the basis that the Committee was minded to GRANT planning permission, for the following reasons: 1. The development would have no adverse effect on the character of the Special Landscape Area, and, 2. There would be harm to the openness of the Green Belt if a S106 Agreement were to be signed taking away Permitted Development Rights for extensions to the property
These factors were considered to constitute the very special circumstances required to enable the application to be supported.
869. Application 09/00392/FUL - 7 - 9 Union Street, Stratford-upon-Avon, Warwickshire, CV37 6QT
Councillors Beckett and Gardner, as Ward Members, withdrew from the table during the discussion and voting on this application and took no part in the proceedings other than to address the Committee as Ward Members.
APPLICANT Cleopatra Leisure Ltd APPLICATION SITE 7-9 Union Street, Stratford-upon-Avon PROPOSAL Erection of 2 storey extension following demolition of flat roofed section and conservatory PUBLIC PARTICIPATION Miss C Carrington – supporting
Updates since the preparation of the Officer’s report were circulated to the Committee as set out on the attached sheet.
Having considered the application and the representations made at the meeting, the Committee, by a unanimous vote supported the officers recommendation and
RESOLVED:
That Planning Application 09/00392/FUL be GRANTED.
CHAIRMAN
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STRATFORD-ON-AVON DISTRICT COUNCIL
WEST AREA PLANNING COMMITTEE
Date of Meeting – 23 April 2009
UPDATE SHEET
Site Update
09/00096/FUL Reason for granting planning permission: Studley The planning authority has considered the effect of the proposals on the living conditions and general amenities enjoyed by the occupiers of the neighbouring properties, the openness of the Green Belt and the Arden Special Landscape Area. The proposals are not considered to have a harmful effect that justifies a refusal of planning permission. In addition to this the District Planning Authority considers that there are very special circumstances to justify the proposal for the clubhouse extension, sports hall and floodlights as the proposal will enable the District Council to meet one of the aims of the Corporate Strategy where everybody shares in an improved quality of life. One of the outcomes of these aims is to ensure that more people enjoy healthier lifestyles with one of the priorities to extend opportunities for sport and active recreation.
The development proposals comply with the policies and proposals of the Development Plan. The decision to grant planning permission has been taken having regard to the policies and proposals as set out in the policy section below. There are no material considerations that are sufficient to justify overriding these policies.
The West Midlands Regional Spatial Strategy RR4 - Rural Services
The West Midlands Regional Spatial Strategy Phase Two revision – Draft Preferred Option December 2007 RR4 – Rural Services
Stratford–on-Avon District Local Plan Review 1996-2011
STR.1 Settlement Hierarchy PR.1 Landscape and Settlement Character PR.2 Green Belt PR.6 Renewable Energy PR.7 Flood Defence PR.8 Pollution Control EF.2 Special Landscape Areas EF7.A Nature Conservation and Geology DEV.1 Layout and Design DEV.2 Landscaping DEV.4 Access DEV.5 Car Parking DEV.7 Drainage DEV.8 Energy Conservation DEV.9 Access for People with Disabilities MRC.4 Community Facilities CTY.1 Control over Development IMP.6 Transport Assessments
Page 1
- Additional Key issues to add to page 2 of the report : • Addendum report
• Reason for referral back to committee
• Suggested conditions
Revised wording to condition 17 No part of the development hereby permitted shall be commenced until detailed plans and sections showing existing and proposed site levels and finished floor levels of the clubhouse extensions and the new sports hall have been submitted to and approved in writing by the District Planning Authority and the development thereafter shall only be carried out as approved.
Reason: To ensure that the development is properly integrated with the surroundings.
Additional note :
7. With regards to condition 17 finished floor levels within the Clubhouse and Sports Hall the Environment Agency advise that the finished floor levels shall be set at 600mm above the 1 in 100yr plus 20% climate change, set at 65. 86mAOD.
3 Additional letters of objection (2 letters received from one person); planning grounds for objection: • Raise concerns that members recommended grant at the previous committee meeting despite the concerns of officers • Are concerned over the noise and visual impact of the proposed sports hall • Wishes the following question to be raised at the meeting ‘Are there any other benefits to be gained from this proposal which Committee Members, but not other interested parties, are aware of? ’ • Request members make a clear and convincing case that the benefits of the proposal outweigh the significant reservations and dis-benefits Consider that the sports hall would have an overbearing impact on their property despite it being 21.5m away as their main garden area faces out towards where the hall is proposed
09/00262/FUL Second Consultation response from WCC Ecology – Following further bat Stratford-Upon-Avon investigations now raise no objection to the proposals subject to condition for further bat survey work prior to demolition or construction.
Petition signed by 40 residents local to the site which states concerns about the increase in the bulk of the building as proposed being overbearing on the lane and the homes near it. Neighbouring homes will suffer a serious reduction of light, others will lose an open view. Care home traffic will make access and parking for residents and the Medical Centre much worse. Pedestrians will be affected. A smaller capacity care home should be insisted on.
Corrections to text – penultimate sentence page 37 amended to refer to the boundary with no. 35 rather than no. 5. Last sentence page 37
Page 2 running on to page 38 amended from “In relation to no’s 5 and 6 a 25 degree line test has been carried out which ascertains that whilst the existing building just clips this, the new building does not.” To ““In relation to no 6 a 25 degree line test has been carried out which ascertains that whilst the existing building just clips this, the new building does not. The test would yield similar results for no.5.”
3 additional letters of objection not raising any issues that are not already referred to in the committee report.
Condition 3 amended by the inclusion of ‘the proposed brick bond pattern’ to the list of large scale details required.
New condition no. 23 – Further bat survey work (and required mitigation measures) required prior to demolition or construction works.
New note no. 6 – Nesting birds note.
E:mail from applicant’s agent on 23 April – confirmation that the applicant is happy with the draft S106 Agreement.
09/00363/FUL Letter from Kington Lane Residents Association Claverdon Appreciate that if officers and the Area Planning Committee decided to refuse this application, the applicant could appeal within 6 months and it would probably take a further 6 months before an appeal was heard. The applicant would have almost the same period as he is requesting under this application.
Highlight that if action had been taken in December last year then the matter would have been resolved by now,
Request conditions if the committee are minded to approve the application; 1. The mobile home can only be used only for administrative office use. 2. The mobile home cannot be used for anyone to sleep in overnight. 3. The mobile home can only be used between the hours of 07.00 to 18.30 Monday to Friday and 07.00 to 13.00 on Saturdays with no permitted use on Sundays. 4. That there will not be any further extension permitted to retain this mobile home on the site beyond 31 June 2010
Highlight that due to the removal of other static caravans form the site, it is possible that employees may still be living on the site.
Wish the Council ensures that planning policy is implemented and monitoring of the site occurs. (20.04.2009)
09/00333/FUL Confirmation from the applicant that a metal flue (painted matt black) Ardens Grafton would be located on the eastern roofslope of the extension to serve the proposed wood burning stove.
Additional condition 8 – details of the appearance of the proposed flue on the eastern roofslope to be submitted for approval. Flue to be painted matt black and retained as such in perpetuity.
1 further letter from a neighbour opposite the site (original letter already summarised in the Committee report) making the following points in writing as she is unable to attend the Committee meeting in person:
Page 3 • The tree proposed to be felled is now in full leaf and looks stunning, not lopsided or insignificant. • Does not consider that a 12m gap between properties across the road is sufficient to prevent overlooking. All other houses in the village are further apart. • There is insufficient space in front of the proposed front facing bedroom window to allow a tree to be planted that will provide screening as roots would disturb the building foundations. • Would have no objections to the applicants developing the large area of ground to the north of their property which would not take light from neighbours or block views.
09/00271/FUL 5 additional letters of objection; planning grounds for objection : • Wootton Wawen Additional traffic resulting from the development will cause additional damage to the grass verges within Newnham Lane • Query how horses would be fed during times of flooding • There will be difficulty in vehicles passing on the lane • Use of the site for equestrian uses will deter people from using the public footpath • Development will result in the site being levelled to exercise the horses • Raise concerns over the burning of manure • Will restrict access to the public footpath
Other non-planning related matters were also raised and are summarised as follows ; • Proposal will spoil the view from a number of properties • Will bring in outsiders to the hamlet
Remove condition 3 and add the following notes;
1. It is a criminal offence to obstruct a public right of way. Public Footpath AL83 must remain available for public use at all times, unobstructed by permanent and temporary structures, such as fencing and jumps.
2. No gates or other furniture maybe installed across the legal line of ALB3, nor the surface material altered without written consent from Warwickshire County Councils Countryside Access Team (Ian Merivale 01926 413432).
09/00429/FUL Planning history clarification - the 1987 planning permission Ullenhall 87/01289/FUL included a snooker room and bedrooms that were constructed and a glazed garden room on top of the existing garage that was not. The permission remains technically extant for the garden room
extension which could3 in theory still be carried out. The estimated volume of this feature is 95m .
Officers have given further thought as to whether this affects the report’s conclusions and the associated recommendation made. The volume of the garden room is significantly less than the proposed extension, its height is substantially lower, its materials less substantial and its visual impact from outside the site much less than with what is now proposed. The likelihood of this feature ever being built after 22 years is also questionable. In conclusion, Officers do not feel that the existence of this unimplemented but extant development provides the justification for supporting the current application.
E:mail received from the applicant’s agent making the following additional
Page 4 comments (summarised): • Volume of what could be built under Permitted Development rights is 70% more than is proposed in the application. • Client willing to enter into a legal agreement to prevent him constructing extensions under PD rights prior to the implementation of the planning permission for the proposed two storey extension. Also willing to accept a condition removing PD rights. • Consider appeal case referred to in the report to be different in that the impact on Green Belt was based on footprint and floorspace rather than volume and the appellant agreed that extensions proposed under PD rights would have been deficient in design terms. Current applicant intends to implement his fallback position if planning permission is refused. • Disagrees that the extension would be an urbanising feature due to its distance into the site and screening effect of the hedge. Considers the design echoes the design of the previous extension. • Query need for referral to P&R Committee.
Officer comment in response to third point raised above – In the appeal case referred to, the Council’s Local Plan policy required an assessment of whether an extension was disproportionate to be based on the form, bulk and height in comparison to the original dwelling. Whilst the Inspector quotes figures relating to the increase in footprint and floorspace in his decision letter, his conclusions would have been taken having regard to all elements required by the relevant Local Plan policy.
The extent of permitted development extensions referred to by the applicant is based on a 4m deep addition across the whole of the rear elevation of the property with a flat roof extending 4m above ground level, with a further 4m high flat roof addition to the side of the existing garage. Officers continue to believe that this scale of extension would be unlikely to be built due to the amount of ground floor space that it would add to an already substantial property and the fact that its design would be likely to detract from the attractive and distinctive design of the existing property.
09/00392/FUL Senior Environmental Health Officer – verbal comments – Raise no Stratford-Upon-Avon objection to the proposed hours of opening 10am to 12pm. (20.04.2009)
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