Regulatory Committee 11 September 2012 Agenda The Regulatory Committee will meet at Shire Hall, Warwick on 11 September 2012 at 10:00 am. 1. General (1) Apologies (2) Members’ Disclosures of Pecuniary and Non-Pecuniary Interests. Members are required to register their disclosable pecuniary interests within 28 days of their election of appointment to the Council. A member attending a meeting where a matter arises in which s/he has a disclosable pecuniary interest must (unless s/he has a dispensation): • Declare the interest if s/he has not already registered it • Not participate in any discussion or vote • Must leave the meeting room until the matter has been dealt with (Standing Order 42). • Give written notice of any unregistered interest to the Monitoring Officer within 28 days of the meeting Non-pecuniary interests must still be declared in accordance with the new Code of Conduct. These should be declared at the commencement of the meeting. (3) Minutes of the previous meeting and matters arising 2. New Railway Station, St Georges Way, Nuneaton This application seeks planning permission for a new railway station at land adjacent to St. Georges Way, Nuneaton. 3. Vehicle Scrap Yard, Whitacre Road, Nuneaton This application seeks planning permission for a vehicle scrap yard at Whitacre Road, Nuneaton. 4. Any Other Items Which the Chair decides are urgent. All public papers are available at democratic.warwickshire.gov.uk 1 of 2 JIM GRAHAM Chief Executive Shire Hall Warwick Membership of the Regulatory Committee Councillors Peter Barnes, Ron Cockings, Jose Compton, Eithne Goode, Robin Hazelton, Clare Hopkinson, Joan Lea, Brian Moss, Mike Perry, Carolyn Robbins, Ray Sweet, and Chris Williams. For enquiries about specific reports please contact the officers named in the reports. For general enquiries please contact Dave Abbott: Tel: 01926 412323 Email: [email protected] All public papers are available at democratic.warwickshire.gov.uk 2 of 2 Minutes of the Regulatory Committee meeting held on 21 August 2012 Present: Members Councillors Peter Barnes, Ron Cockings, Jose Compton, Eithne Goode, Robin Hazelton, Clare Hopkinson, Joan Lea (Chair), Brian Moss, Mike Perry, Carolyn Robbins, Ray Sweet, and Chris Williams Officers Ian Grace, Principal Planner Jasbir Kaur, Strategic Planning and Development Manager Ciaran Power, Planning Officer Louise Wall, Head of Sustainable Communities Stuart Ikeringill, Rural Services Group Manager Dave Abbott, Democratic Services Officer Ian Marriott, Community & Environment Legal Service Manager Public Speakers Councillor Bett Bradford, Corley Parish Council Councillor Howard Darling, Corley Parish Council Councillor Peter Fowler, North Warwickshire Borough Council Councillor Bill Richards, Coleshill Town Council Councillor June Tandy, Nuneaton and Bedworth Borough Council 1. General (1) Apologies There were no apologies. (2) Members’ Disclosures of Pecuniary and Non-Pecuniary Interests. Councillor Carolyn Robbins declared a personal interest in Item 6 as the local ward member. (3) Minutes of the previous meeting and matters arising Amendments are bold and underlined. Item 16 – New Sports Hall at Kingsbury School, Kingsbury (page 9 of 9) “Councillors agreed to delegate authority to officers to draft an appropriate condition with regards to community use and the hours of use following consultation with the environmental health officer.” With the changes noted above, the minutes of the previous meeting held on 17 July 2012 were agreed as a true record and signed by the Chair. 2. Vicarage Street Development Panel Appointment, Nuneaton The Committee considered the report that recommended that Councillor Jeff Clarke be appointed to the Joint Member Assessment Panel with Nuneaton & Bedworth Borough Council. The panel are responsible for reviewing officer evaluations for selection of the final developer in relation to the Vicarage Street Development in Nuneaton. Jasbir Kaur, Strategic Planning and Development Manager, presented the report. 1 of 5 Councillor Carolyn Robbins, seconded by Councillor Brian Moss, moved and it was resolved as set out below. Resolved That the Regulatory Committee appoint Councillor Jeff Clarke to replace Councillor Martin Heatley on the Joint Members Panel for the Vicarage Street/Church Street Development in Nuneaton. 3. Temporary Gypsy and Traveller site at Radbrook Workshop, Corley Ash The Committee considered application NWB/12CC008 that sought temporary planning permission for the change of use of land from a storage and distribution use (B8) to use as a residential caravan site for two families. One of the families has a young child with a very severe medical condition which requires constant attendance by a trained person, and for whom exposure to the ordinary risks associated with an environment shared with other families could prove fatal. Warwickshire County Council’s Gypsy and Traveller team had looked for alternative sites but none were appropriate. Ian Grace, Principal Planner, presented the report and the following points were noted: • The application is for retrospective planning permission and Warwickshire County Council is both the landowner and applicant. • The Nissan hut on the site would be demolished, improving the visual amenity of the area. • Due to the medical condition of the child and associated accommodation needs and the lack of alternative sites, officers felt that very special circumstances for planning permission in the Green Belt apply. North Warwickshire Borough Council objected to the application, stating that no very special circumstances existed to warrant development in the Green Belt. The Council believed that other sites existed that could have accommodated the family and that the commercial aspect of the property should be protected. Councillor Howard Darling, Corley Parish Council, addressed the Committee and spoke in opposition to the application. The following points were noted: • Warwickshire County Council officers showed the land to the occupants without consulting the residents of Corley. Officers had also given a commitment at a public meeting that the occupants would be moved to another site as soon as space was available. That promise was later retracted. • The land should be freed up to be used commercially in support of the local economy. Councillor Bett Bradford, Corley Parish Council, addressed the Committee and spoke in opposition to the application. The following points were noted: • The Corley area was prone to power cuts and the Nissan hut might contain asbestos, therefore it wouldn’t be a suitable location for a vulnerable person. • The occupants of the site had resurfaced the pavement outside the property and the drive, and added gates without receiving the proper planning permission. Councillors recognised that the Local Authority had a duty of care to the child and agreed that, although the development would be in the Green Belt, the site is suitable for the intended use and very special circumstances apply. 2 of 5 Councillor Eithne Goode, seconded by Councillor Carolyn Robbins, moved and it was resolved as set out below. Resolved That this application be referred to the Secretary of State in accordance with departure procedures and subject to the application not being called in for determination by the Secretary of State the Regulatory Committee authorises the grant of planning permission for the change of use of land to a temporary gypsy & traveller site at Radbrook Workshop, Highfield Lane, Corley Ash, comprising two pitches, subject to the conditions and for the reasons contained within Appendix B of the report of the Strategic Director for Communities. 4. Construction of an Anaerobic Digestion Plant at Packington Landfill Site The Committee considered application NWB/12CM001 that proposed the development of a heat and material recovery facility for horticultural uses via anaerobic digestion process with renewable power generation. Ian Grace, Principal Planner, presented the report and informed members that the scheme would generate sustainable renewable energy from food and garden waste. The process also creates compost which would be used by local farms. The development of the site would have positive employment benefits for the local area; 50% of recruitment would come from North Warwickshire and Nuneaton. The applicant had also worked with local employment providers and was looking to tender from local companies. Councillor Peter Fowler, North Warwickshire Borough Council and local member, addressed the Committee and spoke in favour of the application. Councillor Fowler informed members that the project had local support and would benefit the local farming economy. The scheme would also have educational benefits for local schools and further education colleges as SITA were helping to facilitate school trips and apprenticeships. Councillor Bill Richards, Coleshill Town Council, addressed the Committee and spoke in favour of the application. He commended the applicant for their excellent communication and community engagement and hoped that the site would become a national showcase for sustainable renewable energy generation. Officers recommended that the wording of the recommendation be amended as noted below under ‘Resolved’. The amendment is in bold and underlined text. Councillor Jose Compton, seconded by Councillor Clare Hopkinson, moved and it was unanimously resolved as set out below. 3 of 5 Resolved That this application be referred to the Secretary of State in accordance with departure procedures