Agenda and minutes

Cllr David Shortell was confirmed as the Vice-Chairman for this meeting at the meeting held on 12 August 2020.

To receive any apologies for absence

Apologies for absence were received from Cllrs Peter Barrow, David Gray and Louie O'Leary.

To receive any declarations of interest

Cllr Simon Christopher declared an interest in application WD/D/19/001343 - Land north of 6 Netherhay Lane, Drimpton and stated that he would speak as the Ward Member during public participation and not take part in the debate or vote on this application.

Members of the public wishing to submit a written representation to the Committee on a planning application should notify the Democratic Services Officer listed on the front of this agenda. This must be done no later than two clear working days before the meeting.

Please note that the deadline to register to submit a written submission to the Area Planning Committee is at 8.30am on Tuesday 11 August 2020.

Please refer to the Guide to Public Speaking at Planning Committee and specifically the "Covid-10 Pandemic – Addendum to the Guide to Public Speaking Protocol for Planning Committee meetings  - effective from 20 July 2020" included with this agenda.

Representations by the public to the Committee on individual planning applications are detailed below. There were no questions, petitions or deputations received on other items on this occasion.

To consider the applications listed below for planning permission

Members considered written reports submitted on planning applications as set out below.

Erect 15 affordable dwellings and formation of new vehicular access

The Committee considered an application to erect 15 affordable dwellings and formation of new vehicular access.

The Chairman, Cllr Simon Christopher addressed the Committee as the Dorset Council - Marshwood Vale Ward Member during public participation and did not take part in the debate of vote on this application.

The Vice-Chairman was in the Chair during consideration of this application.

Further representations that had been received following publication of the agenda that were included in an update sheet circulated to members prior to the meeting.

The Senior Planning Officer presented the application that included an aerial view of Drimpton showing the "gap" between Netherhay and Drimpton prescribed in the Neighbourhool Plan had been respected in this scheme.

The site had only one immediate boundary with a property at 6 Netherhay Lane that was slightly lower than the application site and the proposal was considered to be acceptable in residential amenity terms.

A detailed layout plan showed the central vehicular access with a traditional form of development in front of Netherhay Lane that was set back to accommodate mature trees within the frontage bank area that were subject to Tree Preservation Orders.  The development was orientated to take advantage of views towards Seaborough Hill.

Various photographs were shown of the site including the public footpaths and road junctions with Netherhay Lane and Chard Road that gave an idea of visibility and in particular the need to go over the stop line to make a safe turn right towards Chard.

The private sewage treatment works required an environment agency permit to discharge into the water course.

The main planning issues were highlighted including:-

• Principle established by the Neighbourhool Plan allocation
• An all affordable housing scheme
• Visual impact on the Area of Outstanding Natural Beauty (AONB)
• Residential amenity
• Drainage considerations
• Contribution towards 5-year housing land supply
• Highways issues

The Senior Planning Officer informed the Committee that delegated authority was also sought to make minor amendments to Conditions 10 and 13 to ensure compatibility with the Highways adoption process.

A number of written representations were received which are attached to these minutes.  Some of these were read out by the Technical Officer at the meeting in accordance with the revised Public Speaking Protocol attached to the agenda.

Cllr Simon Christopher, Dorset Council - Marshwood Vale, addressed the Committee in support of the application which was consistent with the Local and Neighbourhood Plans and on an exception site that contributed to the housing land supply.  He considered this to be an innovative scheme incorporating flats and bungalows in a sustainable location not far from the Somerset border where residents could access services and employment.  Drimpton itself was served by facilities including a pub, village hall, football pitch, church and employment sites to the west and north of the village.  Affordable homes built in Powerstock and Marshwood in recent years were more remote from the nearest town than this development was from Drimpton and the lack of pavements and junctions considered as part of this  ...  view the full minutes text for item 156.

Application for approval of reserved matters for Access, Appearance, Landscaping, Layout and Scale of outline application WP/14/00777/OUT.

The Committee considered an application for approval of reserved matters for Access, Appearance, Landscaping, Layout and Scale of outline application WP/14/00777/OUT.

The Committee received a presentation by the Planning Officer for the reserve matters application for 99 dwellings that included an extract from the masterplan showing the general location of phase 2b, a plan showing areas where there were substantial changes in level, generally rising north to south;  some of the many elevational drawings and plans for the houses, full lists of which had been included in the report and update sheet; a landscape plan showing a retained and enhanced Cockles Lane and  photos of phase one homes to indicate the general style that would be continued throughout the development; and views across the site from different perspectives.

The appropriate assessment had been attached as an appendix to the report and was the result of an objection by Natural England in relation to the recreational impact on the special area of conservation zone of Chesil beach and the Fleet area who confirmed that there could be significant impacts if no mitigation measures were employed.  These measures had recently been approved by the Dorset Council Cabinet and Natural England had no further objection.

The main planning issues were highlighted including:-

• Relationship with approved master plan
• Design and layout
• Appropriate assessment
• Drainage and flood risk mitigation - significant mitigation works had been incorporated in phase 1 of the development
• Roads and access
• Landscaping and Cockles Lane
• Neighbouring amenity
• Biodiversity
• 30% Affordable housing - 27 out of 99 homes in phase 2b was slightly below this requirement with the shortfall being accommodated within later phases of the development.

An update sheet circulated to members prior to the meeting included the replacement of Condition 1 and an additional condition to ensure that a safety audit was undertaken to ensure boundary treatments were suitable and a safe area for use.

Representations from Cllr Lucy Hamilton, Weymouth Town Council Chairman of Planning and the Agent were read out by the Technical Officer at the meeting and are attached to these minutes.

In response to the comments made in the written representations, the Planning Officer explained that there was an expectation that the full 30% affordable housing allocation would be fully met in the two later phases of the development that were still under consideration.

The Biodiversity Mitigation Plan remained to be discharged as indicated in the update sheet.  This was currently central to discussions and no development could take place until that condition was discharged.

Members asked about the ways in which this development could affect Chesil beach and the Fleet and were informed that this related to increased recreational pressure on interests on Chesil Beach due to residents from the development being in close proximity to the area.  This included breeding birds that were affected by visitor numbers and a potential impact on air quality due to the new traffic generated by the development.  These were matters that had been dealt with in the appropriate  ...  view the full minutes text for item 157.

The application made under Section 118 of the Highways Act was presented by the Senior Definitive Map Technical Officer who presented a plan showing the location of the bridleway, a drawing and photographs of the current route and alternative route along Bridleway 76 and photos of the Bridleway 43 and 76 along Glebeland Lane.

An objection had been received that was included in full in the report, however, none of the points were relevant to the legal test for an extinguishment order. A further objection had been included in the update sheet circulated to members prior to the meeting.

It was confirmed that the application met the legal test under the Highways Order and that any further objections should be referred to the Secretary of State.

The Chairman added that he had received an e-mail from the landowner who confirmed that he was content with the extinguishment.

Proposed by Cllr Sarah Williams, seconded by Cllr Nick Ireland.

Decision:-

a)     The proposal to extinguish part of Bridleway 43, Marshwood be accepted and an order made;

b)     The Order include provisions to modify the definitive map and statement to record the changes made as a consequence of the extinguishment; and

c)     If the Order is unopposed, it be confirmed by the Council without further reference to the Committee.

d)     If any objections to the Order are of a similar nature to those already considered by the Committee, the matter be referred to the Secretary of State for confirmation with the Council’s support without further reference to the Committee.

Reason for Decisions

a)     The proposed extinguishment meets the legal criteria set out in the Highways Act 1980.

b)     The inclusion of these provisions in a public path order means that there is no need for a separate legal event order to modify the definitive map and statement as a result of the extinguishment.

c)     Accordingly, the absence of objections may be taken as acceptance that the extinguishment is expedient and therefore Dorset Council can itself confirm the order.

d)     In the event that objections of a similar nature to those already considered are received to the order, the committee will have already considered the objections in the light of the legal criteria and therefore Dorset Council should submit the order to the Secretary of State for confirmation and support the order.

Before confirming a public path creation, diversion or extinguishment order a council or the Secretary of State must have regard to any material provision of a rights of way improvement plan prepared by the local highway authority. Dorset Council’s Rights of Way Improvement Plan sets out a strategy for improving its network of Public Rights of Way, wider access and outdoor public space.

To consider any items of business which the Chairman has had prior notification and considers to be urgent pursuant to section 100B (4) b) of the Local Government Act 1972

The reason for the urgency shall be recorded in the minutes.

There were no urgent items