DISTRICT COUNCIL

MINUTES of the meeting of the DEVELOPMENT CONTROL PANEL held in the Council Chamber, Pathfinder House, St Mary's Street, , PE29 3TN on Monday, 15th November 2004.

PRESENT: Councillor P G Mitchell - Chairman

Councillors Mrs M Banjeree, Mrs B E Boddington, P L E Bucknell, W T Clough, D B Dew, J J Dutton, J A P Eddy, J D Fell, N J Guyatt, R Powell, C J Stephens, P A Swales, G S E Thorpe and R G Tuplin.

APOLOGY: An apology for absence from the meeting was submitted on behalf of Councillor C R Hyams.

IN ATTENDANCE: District Councillors R L Clarke, P J Downes, J E Garner, N J Finnie, Mrs P J Longford, T V Rogers and T D Sanderson.

Councillor Mrs S Lee - Town Council Councillor D Sutton - Somersham Parish Council Councillor Ms G Swain - Holywell-cum- Needingworth Parish Council

30. MINUTES

The Minutes of the meeting of the Panel held on 18th October 2004 were approved as a correct record and signed by the Chairman.

31. DEFERRED ITEM - ERECTION OF TURKEY REARING BUILDING, LAND NORTH EAST OF BUSINESS PARK, GLATTON ROAD, SAWTRY - 04/01288/FUL

(Councillor R G Tuplin declared a personal interest in the following item by virtue of his membership of Sawtry Parish Council.)

(Councillor J E Garner, Sawtry Parish Council addressed the Panel on the application.)

that the application be approved subject to conditions to be determined by the Head of Planning Services to include those listed in paragraph 9 of the report now submitted and additionally to ensure that those vehicles carrying waste are sheeted on leaving the site.

32. CREATION OF PEDESTRIAN LINK BETWEEN ST GERMAIN WALK AND HIGH STREET, HUNTINGDON

Members considered a joint report by the Heads of Planning Services and of Legal and Estates on the background and issues raised by the following Motion which had been referred, without discussion, by the Council to the Development Control Panel –

‘that the Development Control Panel be requested to consider the potential options for and the implications of restoring the pedestrian link between St Germain Walk and St Germain Street through to the High Street, Huntingdon.’

Councillors T D Sanderson and P J Downes addressed the Panel in support of the Motion.

Having been reminded of the improvements to access and servicing arrangements contained within the draft Planning Brief for the area of Huntingdon which comprises St Germain Walk, Chequers Court and Newtons Court and the procedure for the creation of new public footpaths under Section 26 of the Highways Act 1980, the Panel engaged in a wide-ranging discussion which made reference to the slope in Chequers Court and the difficulties this presented to the elderly and disabled, the affect of the gate closure on residents of neighbouring villages, as well as those living in Huntingdon, who frequent the “old County Town” for shopping, concern at the delay to the resolution of the problem should the Council await the commencement of the scheme to redevelop Chequers Court, the possibility of negotiating with Churchmanor Estates for the timed opening of the gate between the hours 9.00 am – 5.00 pm each day, safety issues and the value of the compensation which might be payable to those persons with an interest in the land.

Being minded to pursue the making of a Footpath Creation Order and having agreed that further consultation should take place with the Town and County Councils, the Panel

RESOLVED

that the Council be recommended to request Officers to seek specialist advice regarding the likely level of compensation which might be payable to the landowner should the application for a new right of way be successful and that negotiations continue and the formal views of the landowners, Churchmanor Estates, be obtained on the proposal to re-establish the footpath link.

33. REPORT ON DEFINITIVE MAP MODIFICATION ORDER AND PROPOSED TRAFFIC REGULATION ORDER MADE BY COUNTY COUNCIL - COW & HARE PASSAGE, ST IVES

(Councillors J A P Eddy and D B Dew declared a personal interest in the following item by virtue of their membership of Cambridgeshire County and St Ives Town Councils respectively.)

A report by the Planning Policy Manager was submitted (a copy of which is appended in the Minute Book) requesting the District Council’s observations on proposals by the County Council to make Definitive Map Modification and Traffic Regulation Orders to register Cow and Hare Passage as a public footpath and to control access to the passageway during specified times.

Bearing in mind recent improvements to the passage and to address the concerns expressed by residents in relation to anti-social behaviour in the passageway during night-time hours, the Panel was of the view that the County Council should consider the adoption of a Permissive Right of Way which would enable residents to close the gate at the end of the passage which leads into the Broadway, St Ives on those occasions when they, as landowners, feel it is necessary or reasonable to do so.

Whereupon it was

RESOLVED

(a) that the County Council be advised that the District Council objects to the proposals to make a Definitive Map Modification Order and in the event that this Order is confirmed, a Traffic Regulation Order; and

(b) that as an alternative, the County Council be requested to consider the adoption of Cow and Hare Passage, St Ives as a Permissive Right of Way.

(In accordance with paragraph 14.5 of the Council Procedure Rules, Councillor J A P Eddy requested that it be recorded that he had abstained from voting on the decision.)

34. OBJECTION TO TREE PRESERVATION ORDER: 13 THRAPSTON ROAD, KIMBOLTON - L/TPO/138

(Councillor J A P Eddy declared a personal interest in the following item by virtue of his membership of the Great Ouse Local Flood Defence Committee.)

Consideration was given to a report by the Planning Policy Manager (a copy of which is appended in the Minute Book) regarding an objection received to the making of a Tree Preservation Order to protect a sycamore tree situated in the rear garden of 13 Thrapston Road, Kimbolton.

Having regard to the nature of the objections received and in the absence of any advice from the Environment Agency as to whether the tree represented a flood hazard or an impediment to maintenance of the banks of the River Kym, the Panel

RESOLVED

that the determination of a proposed Tree Preservation Order to protect a sycamore in the rear garden of a property on Thrapston Road, Kimbolton be deferred to allow for the receipt of observations from the Environment Agency.

(In accordance with paragraph 14.5 of the Council Procedure Rules, Councillor J A P Eddy requested that it be recorded that he had abstained from voting on the decision.)

35. DEVELOPMENT CONTROL

The Development Control Manager submitted reports (copies of which are appended in the Minute Book) on applications for development to be determined by the Panel and advised Members of further representations (details of which are also appended in the Minute Book) which had been received in connection therewith since the reports had been prepared. Following consideration of the applications in question, it was

RESOLVED

(a) Construction of path for use by pedestrians, cyclists and wheelchairs, start of National Cycle Route, The Avenue, – 04/01088/FUL

that the application be approved subject to conditions to be determined by the Head of Planning Services to include those listed in paragraph 4 of the report now submitted.

(b) Erection of three dwellings following demolition of existing house, Greenbank, High Street, Needingworth – 04/00349/OUT

(Councillor T V Rogers, Ward Councillor and Councillor Ms G Swain, Holywell-cum-Needingworth Parish Council, addressed the Panel on the application.)

that the application be refused for the following reason –

the proposed in depth development of this site together with the proposed new access construction would detract from the predominantly rural character of the approach to the settlement contrary to the aims and objectives of the Holywell-cum-Needingworth Village Design Statement and Policy En25 and HL5 of the Huntingdonshire Local Plan, 1995 as altered by the Local Plan Alteration, 2002.

(c) Retention of railings to boundary wall, St Mary’s Surgery, Church Street, Somersham – 03/03288/FUL

(Councillor D Sutton, Somersham Parish Council, addressed the Panel on the application.)

(i) that the application for refused for the following reason –

the railings detract from the appearance of the Conservation Area and the setting of the Church opposite contrary to policies En2 and En5 of the Huntingdonshire Local Plan 1995;

(ii) that the Head of Legal and Estates be authorised to serve an Enforcement Notice to secure a reduction in the overall height of the railings to less than 2 metres; and

(iii) that, in the event of failure to comply therewith, proceedings in the Magistrates Court be authorised.

(d) Change of use of office buildings to six flats and erection of four flats, offices at Hunts End, Buckden – 04/01074/FUL

(i) that, if required, the Director of Central Services be authorised to enter into an Agreement to secure an appropriate number of or contribution towards affordable housing units;

(ii) that the application be approved subject to conditions to be determined by the Head of Planning Services to include those listed in paragraph 8 of the report now submitted.

(e) Construction of combined Justice Centre, office block and apartments, land at junction of Walden Road and George Street, Huntingdon – 04/02334/FUL

(Councillor J J Dutton declared a personal interest in the following item by virtue of his employment with the Courts Service. Councillor J A P Eddy declared a personal interest in the following item by virtue of his membership of Cambridgeshire County Council.)

(i) that the Government Office for the East of be requested to consider the impact of the proposed development upon Walden House, the Grade II* listed building and in the event of their consent the Head of Planning Services be authorised to approve the application subject to conditions to include those listed in paragraph 9 of the report now submitted.

(In accordance with paragraph 14.5 of the Council Procedure Rules, Councillor J A P Eddy requested that it be recorded that he had abstained from voting on the application.)

(f) Construction of a bus/rail interchange, Huntingdon Railway Station, Station Approach, Huntingdon – 04/03050/FUL

that the application be approved subject to conditions to be determined by the Head of Planning Services to include 02001 – time limit, any necessary additional highway requirements and one non-standard condition relating to the submission of a detailed fencing scheme.

(g) Erection of portable building for use as betting shop for a temporary period, land south of Kingdom Hall, Sapley Square, Huntingdon – 04/03099/FUL

that the application be approved for a period of three years only or until completion of the redevelopment scheme at Sapley Square whichever is sooner.

(h) Erection of community progression scheme and thirty flats with parking provision, Marshall Honda, 1 – 3 Hartford Road, Huntingdon – 04/02508/FUL

(i) that the Director of Central Services be authorised to enter into an Agreement under Section 106 of the Town and Country Planning Act 1990 to secure affordable housing and a contribution towards public open space; and

(ii) that, subject to the completion of the Agreement referred to in resolution (i) above, the application be approved subject to conditions to be determined by the Head of Services to include those listed in paragraph 10.1 of the report now submitted.

(i) Erection of 426 mixed residential units, with public house and community hall with ancillary parking, land at Riverside Mill, Mill Lane, – 03/02792/FUL

(Councillor R L Clarke, Ward Councillor and Councillors N J Finnie and Mrs P J Longford addressed the Panel on the application.)

(i) that the Council be recommended to approve the application subject to conditions to be determined by the Head of Planning Services to include those listed in paragraph 10.3 of the report now submitted;

(ii) that in the event that approval from the Council is forthcoming, the Government Office for the East of England be requested to consider approval of the proposal as a significant departure from the Development Plan;

(iii) that should the Government Office be minded to approve the application, the Director of Central Services be authorised to enter into an Agreement under Section 106 of the Town and Country Planning Act 1990 to secure social and physical infrastructure contributions as detailed in paragraph 8.1 of the report now submitted; and

(iv) that the Huntingdonshire Environmental and Transport Area Joint Committee be strongly recommended to consider the need for highway improvement schemes which may be required in the vicinity of the development as a matter of urgency.

(j) Residential development (0.55 hectares), land adjacent Unit 5, Bury Road, Ramsey – 04/00453/OUT

(i) that the Director of Central Services be authorised to enter into an Agreement under Section 106 of the Town and Country Planning Act 1990 to secure the provision and maintenance of an off-site equipped children’s play area and open space and a contribution towards various items of sustainable transport in Ramsey to include a pedestrian crossing on the High Street; and

(ii) that, subject to the completion of the Agreement, referred to resolution (i) above, the application be approved subject to conditions to be determined by the Head of Planning Services to include those listed in paragraph 9.2 of the report now submitted.

(k) Erection of thirteen dwellings with parking provision, 1 Priory Road, St Neots – 04/01592/FUL

(i) that the Director of Central Services be authorised to enter into an Agreement under Section 106 of the Town and Country Planning Act 1990 to secure financial contributions towards three additional secondary school places, offsite children’s open space, youth/adult open space and children’s play equipment and the implementation of the St Neots Market Town Strategy; and

(ii) that, subject to the completion of the Agreement referred to in resolution (i) above, the application be approved subject to conditions to be determined by the Head of Planning Services to include those listed in paragraph 9.1 of the report now submitted.

(l) Erection of dwelling, land rear of 1 Star Lane, Ramsey – 04/02549/OUT

that the application be refused for the following reasons –

♦ the proposed development would be contrary to the provisions of policy P1/3 of the Cambridgeshire and Structure Plan, 2003 and policy HL5 of the Huntingdonshire Local Plan, 2002 in that the proposal does not properly respect the existing townscape and pattern of development in the area. Development in depth would be contrary to the established form of building in the locality and the proposal would thereby have an adverse impact on the character and form of this part of Ramsey; and ♦ the proposed development would be contrary to policies H31 and H35 of the Huntingdonshire Local Plan, 1995 in that the development would result in an unacceptable loss of amenity to adjacent residents by reason of increased noise, disturbance and traffic generation.

(m) Erection of extension for use as office following demolition of part of existing building, Vernon House, 26 New Street, St Neots – 04/02546/FUL and 04/02547/LBC

(Councillor Mrs S Lee, St Neots Town Council, addressed the Panel on the application.)

that consideration of the application be deferred to enable the Development Control Manager to seek improvements to the design of the proposed scheme to incorporate a pitched roof and materials of a quality which would enhance the setting of the listed building.

(n) Erection of dwelling, land rear of 66 High Street, Somersham – 04/02444/FUL

(Councillor D Sutton, Somersham Parish Council, addressed the Panel on the application.)

that the application be approved subject to conditions to be determined by the Head of Planning Services to include those listed in paragraph 8 of the report now submitted.

(o) Extension to garden room to provide accommodation for additional resident, alterations to existing property and revised means of access/egress, Manor Farm, Pitsdean Road, – 04/01196/FUL

that the application be approved subject to conditions to be determined by the Head of Planning Services to include those listed in paragraph 8 of the report now submitted.

(p) Alterations and change of use from carpet store to dwelling, The Chapel, 85 High Street, Buckden – 04/00725/FUL

that the application be approved subject to conditions to be determined by the Head of Planning Services to include those listed in paragraph 8 of the report now submitted.

(q) Change of use and alterations to part of former public house to form dwelling, 81 High Street, Buckden – 04/00728/FUL and 04/00729/LBC

that the applications be approved subject to conditions to be determined by the Head of Planning Services to include those listed in paragraph 8 of the report now submitted.

(r) Alterations and change of use of former public house and out buildings to form three dwellings, erection of dwelling and provision of parking spaces, Spread Eagle, 79 High Street, Buckden – 04/01085/FUL and 04/01086/LBC

that the applications be approved subject to conditions to be determined by the Head of Planning Services to include those listed in paragraph 8 of the report now submitted.

36. APPEAL DECISIONS

The Panel received and noted a report by the Development Control Manager (a copy of which is appended in the Minute Book) setting out recent decisions by the Office of the Deputy Minister in respect of four appeals against the refusal of planning permission by the District Council and details of one forthcoming appeal in respect of 9 Little Gransden Lane, Great Gransden which was to be held on 7th December 2004 and not 11th January 2005 as indicated in the report.

Referring to Case No 1 at St Ives Road, Woodhurst, and on the advice of the Inspector, the Panel acknowledged that it had now become necessary to undertake an assessment of the need for gypsy sites in the District as part of the Local Plan process.

37. MEMBER BRIEFING

RESOLVED

That a briefing session for Members on the Development Plan and draft core policies be held on Monday, 13th December 2004 at 7.00 pm.

Chairman