Agenda and minutes

To receive any apologies for absence

No apologies for absence were received at the meeting.

To receive any declarations of interest

Cllr David Gray declared that he had predetermined Application No WP/19/00516/FUL - Land West of Roman Road and North of Spa Road, Weymouth as he had been involved with a residents' group opposing the development and had also spoken at a Weymouth Town Council meeting against the proposal.   He would not take part in the debate or vote on this application.

Cllr Jean Dunseith declared that she had predetermined Application No WD/D/19/002865 - Land Adjacent Putton Lane, Chickerell and would not take part in the discussion or vote.  However, she would speak as the ward member during public participation for this item.

Cllr Peter Barrow declared that he had made some comments at a meeting of Weymouth Town Council in July 2019 in relation to Application No WP/19/00516/FUL - Land West of Roman Road and North of Spa Road, Weymouth, that expressed the views of local residents.  However, he had come to this Area Planning Committee meeting with an open mind and would not come to a conclusion about the application until such time as he had heard all of the information presented at the meeting.

Cllr Kelvin Clayton declared that Application No WD/D/19/002027- The Mound, Quayside, West Bay had been considered at a meeting of the Bridport Town Council Planning Committee, however, he had given his apology at the meeting when this was discussed.

Cllr Louie O'Leary declared that he knew the agent, Mr Richard Burgess on a personal level and would not take part in the debate or vote in Application No WP/19/00516/FUL - Land West of Roman Road and North of Spa Road, Weymouth or WD/D/19/001056 - Trafalgar Farm, 34 Portesham, Weymouth.

Cllr Sarah Williams declared that she had declared an interest and not taken part in the debate when Application No WD/D/19/002027 - The Mound, Quayside, West Bay had been discussed at a meeting of the Bridport Town Council Planning Committee. She further stated that this application had not been considered by the Dorset Council Harbours Committee. 

Cllr Kate Wheller declared an interest in Application No WP/19/00516/FUL - Land West of Roman Road and North of Spa Road, Weymouth as she had taken part in consideration of this application as a member of Weymouth & Portland Borough Council's Planning Committee.  She would not take part in the debate or vote on this application.

Cllr Kate Wheller also declared an interest in Application No WD/D/19/002027 - The Mound, Quayside, West Bay as Chairman of the Dorset Council Harbours Committee.  She would not take part in the debate or vote on this application.

To confirm the minutes of the meeting held on 7 May 2020.

The minutes of the meeting held on 7 May 2020 were approved.

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 for written submissions to the Area

Planning Committee is at 8.30am on Tuesday 26 May 2020.

Please refer to the Guidance to Public Speaking at a Planning Committee

and specifically the "Covid-19 Pandemic – Addendum to the Guide

to Public Speaking Protocol for Planning Committee meetings"

included with this agenda.

Representations by the public to the Committee on individual planning applications are detailed below and are also attached to these minutes. 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.

Erection of 13 no. houses and 6 no. flats with associated access and parking.

Cllr David Gray, Cllr Louie O'Leary and Cllr Kate Wheller did not take part in the debate or vote on this item.

The Committee considered an application for the erection of 13 houses and 6 flats with associated access and parking.

Members were shown a location plan and aerial photograph showing the informal footpath to the Manor roundabout and Spa Road, listed buildings located 100metres from the site and trees alongside Weymouth Way. An extract from the Local Plan Map showed that the site was adjacent to, but outside of, the Defined Development Boundary (DDB) and the layout plan provided an overview of the basic structure of the site and the Conservation Area boundary extending over a large area including Radipole Village.  It had been made clear in the report that, in the absence of a 5 year housing land supply such sites should be considered for development potential if sustainable.

The layout plans included appropriate new planting and the Senior Planning Officer drew attention to a cypress tree that was subject to a Tree Preservation Order.  He confirmed that whilst this tree overhung the application site, it did not form part of it. A plan of the southern part of the site showed the scope of additional landscaping and new planting to include field maple and damson in addition to hedgerows.  He confirmed that some of the existing copse would need to be removed as a result of this development.

Slides were shown of the various elevations and floor plans of the proposed dwellings in addition to photos of the site and surrounding area showing Weymouth Way in relation to the site, existing vegetation and copse, the informal footpath and character of nearby houses, including the Radipole historic buildings.

The Key Planning matters were highlighted including that the scheme:-

·         was adjacent to the DDB in a sustainable location;

·         considered to be appropriate development in the Conservation Area            given the current context;

·         included the retention of a footpath link that was improved;

·         addressed ecological matters;

·         included the provision of 32% affordable housing on-site with the     shortfall as a financial contribution of £29,000; and

·         provided an additional19 houses to the local housing land supply.

The scheme would include 6 affordable housing dwellings on site, with the financial contribution being used to provide affordable housing elsewhere which was supported by the Housing Enabling Officer and was in accordance with policy.

A number of written submissions in objection of the proposal and a statement by the agent were read out at the meeting and are attached to these minutes.

The Senior Planning Officer responded on the following points in response to the issues raised in the written submissions:-

·         That the application site outside the DDB had been explored extensively in the report under the principle of development.

·         The Council's 5 year housing land supply equated to 4.83 years which undermined the housing policies in the adopted Local Plan.  It was therefore necessary to look carefully at sites that came forward even  ...  view the full minutes text for item 110.

A vote to continue the meeting was taken in accordance with Part 2,

Paragraph 8.1 of the Council's Constitution as the meeting had been ongoing for a period of 3 hours.

Decision: That the meeting be extended to allow the business

of the meeting to be concluded.

Erection of 7no. dwellings.

Councillor Jean Dunseith did not take part in the debate or vote on this item.  She spoke as the Dorset Council - Chickerell ward member during public participation.

The Committee considered an application for the erection of 7 dwellings on land adjacent to Putton Lane, Chickerell.  The application site was inside the DDB within the wider Local Plan allocation and represented an undeveloped parcel of land that had remained vacant whilst development was constructed around it.

An additional representation raising health and safety issues in relation to the busy junction had been received that was included in an update sheet circulated to members in advance of the meeting.

Members were shown a site plan and aerial photo showing a terrace of 3 properties and a second line of development behind it with two sets of semi- detached units (4 homes in total); elevations and floor plans and photos of the site, including the proposed access and neighbouring properties.

The Senior Planning Officer outlined that the site had previously been earmarked for a GP surgery, that was subsequently considered to be inappropriate due to its size and lack of available transport options. 

Cllr John Worth, Dorset Council - Chickerell Ward, addressed the committee and said that alternative sites had been identified for a medical centre that were subject to further discussions.  He referred to the designation of Chickerell as a rural area in the 1997 Housing Order and paragraph 63 of the NPPF which indicated that affordable housing should not be sought for non-major housing development unless in a rural area.  He felt that a deed of variation should have been applied for prior to consideration of this application due to the non-provision of a GP surgery and the lack of affordable housing.

The Senior Planning Officer confirmed that the affordable housing threshold for rural areas was 5 units if the site was in the Area of Outstanding Natural Beauty (AONB) and 10 units for this site as it was not in the AONB. The requirement for the Section 106 Agreement to be varied was a separate matter to this application.

Cllr Jean Dunseith, Dorset Council - Chickerell Ward, addressed the committee and stated that she regretted that the Dorset Clinical Commissioning Group had rejected this site for a medical centre as it was relatively central and spacious, although she accepted that it was not ideal.  She was concerned about road safety in the vicinity and that turning the access 90 degrees would provide better sight line for drivers.

A written statement was read out on behalf of the applicant which is attached to these minutes.

The Highways Officer confirmed that the proposal complied with guidance and that the layout of the scheme enabled informal areas of parking within the site.  Tactile paving and parking white lines in relation to the crossing point on the north eastern corner of the site remained under discussion with the developer and would continue to be monitored.

Members were concerned about the availability of  ...  view the full minutes text for item 112.

Erect single storey dwelling.

The Committee considered an application to erect a single storey dwelling. The site was adjacent to the DDB and within the Portesham Conservation Area.

The Chairman reminded the committee that ownership of property was not relevant to the planning decision.

Members were shown a location plan showing Portesham and Front Street, with land owned by the applicant outlined in blue; an aerial photo showing the application site in red; a site plan and elevations and floor plan.

Photos were shown of the site entrance of compacted crushed stoned, adjacent grade II listed building; properties on the other side of Front Street; various views of the site including an existing caravan and semi delipidated farm buildings.

No changes were proposed to the access and there had been no objection to the application by the Highways Team.  An existing mobile home on the site had a certificate of lawful use and was permitted development.  It was likely that the applicant would use this until the new building was constructed.

The policies and issues were highlighted, including that the proposal was adjacent to the DDB, would add to the housing supply, would not cause significant harm to the Conservation Area, was of a single storey design and the existing caravan / mobile home had established use.

The Senior Planning Officer advised that she had received confirmation of the applicant's ownership of the land and that the application had been made correctly.  However, ownership was not a planning matter or material consideration in the consideration of this application.  This was reiterated by the Solicitor who confirmed that she had seen the land registry entry showing the appropriate ownership and that the Council was not required to look behind that entry.

Written submissions by Cllr Ray Doggett - Chesil Bank Parish Council and the agent were read out at the meeting and are attached to these minutes. A written submission by Paul Dunlop - Blanchards Bailey Solicitor was not read out in its entirety due to the personal nature of its contents.

The Chairman asked whether the site was within the curtilage of the listed building.

The Senior Planning Officer stated that there was a clear definition between the garden of the listed building and the application site that did not give the impression of being within the curtilage of the listed building.

The Solicitor commented that the setting of the listed building was relevant and that the committee had to determine the application before it rather than alternatives that may be forthcoming.

Proposed by Cllr David Gray, seconded by Cllr Kelvin Clayton.

Decision:

That the application be approved subject to the conditions outlined in the appendix to these minutes.

Erect a double storey extension and alterations.

The Committee considered an application to erect a double storey extension and alterations.

Members were shown a site location plan; aerial view of the former school which was now a village hall; proposed site plan; photos of the site from various viewpoints; proposed elevations and floor plans and materials slide.

The Key planning points were highlighted including;

·         Principle of development - extension to dwellings in villages with no DDB was normally considered acceptable in principle;

·         Amenity - not considered to result in a significant adverse effect on living conditions of neighbouring properties or future occupiers of the proposed development;

·         Design & impact on setting of heritage assets considered acceptable given the Conservation Area designation and what was outlined in the Conservation Area Appraisal for this village;

·         Detrimental impact, eroding character of Old School House and Old School;

·         Mentioned 4 times within the Conservation Area Appraisal and is a locally important building, a key view within the village and a landmark; and

·         No overriding public benefit to outweigh the less substantial harm as set out in NPPF.

The reasons for refusal due to the scale and bulk of the extension and its impact on the conservation area were outlined.

Written representations were received from Cllr Philip Fry - Chairman of Puncknowle and Swyre Parish Council and the Agent which were read out at the meeting and are attached to these minutes.

In response to a question regarding UPVC windows, members were informed that the existing building was not listed and already had UPVC windows, and that the applicant was reciprocating that approach.

The Chairman drew attention to maintaining affordability of homes in local villages outlined in the Local Plan and that this extension would make this property less affordable in future. Officers referred to Local Plan paragraph 5.2 and acknowledged that this development would represent a significant increase in value.

Members were shown a plan identifying the wider Conservation Area boundary and listed buildings in the area.  It was confirmed that the properties in the vicinity of the application site were characterful but were not listed.

Some members expressed support for the application and considered that it would not unduly impact on the Conservation Area.  They noted that the extension would not be seen from Church Street and that extending the building would help a young couple to stay in the village and turn the property into a modern family home. 

Some conditions were suggested should the application be approved that included the standard 3 year commencement period, a plans list condition and external materials to comprise of stone and rendered walls with a slate roof and UPVC fenestration.

Proposed by Cllr Kate Wheller, seconded by Cllr Nick Ireland.

Decision:

That the application be approved subject to the conditions outlined in the appendix to these minutes.

Erection of double garage with annexe accommodation.

The Committee considered an application to erect a double garage with annexe accommodation.

Members were shown a site location plan; aerial view; site plan; an

extract showing the DDB and Conservation Area boundaries, listed buildings and modern residential buildings; proposed elevations, floor plans and site plan, a bird's eye view of the proposal and google images of the application site.

The key planning matters were highlighted and the Area Manager - Western stated that this was a well-designed scheme and that the principle issue was not one of affordability, but whether the structure sat well in the Conservation Area, whether it was harmful to the amenity of neighbours or in its impact on the listed buildings. 

Written submissions had been received from Nicky Busst (Planning Officer) and Cllr Martin Mitchard (both of Knightsford Parish Council), the applicant and the agent which were read out at the meeting and are attached to these minutes.

Cllr Roland Tarr - Dorset Council - Winterborne and Broadmayne ward, stated that he represented the interests of the Parish Council and had requested that this application was considered by the committee.

Members asked about the height of the building in relation to the neighbouring property.  Members were informed that the previous scheme had been higher and that officers considered the scale was now acceptable and not sufficiently dominant to warrant refusal.

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

Decision:

That the application be approved subject to the conditions outlined in the appendix to these minutes.

Removal of shipping container and erection of a building used to house and refill diving tanks.

Cllr Kate Wheller did not take part in the vote on this application.

The Committee considered an application for the removal of a shipping container and erection of a building used to house and refill diving tanks.

Members were shown a location plan, site plan, elevation and floor plans, photos of the application site and surrounding harbour area.

The policies and issues were highlighted, including impact on the Conservation Area and on the setting of the listed harbour wall and buildings.

Due to the small scale of the proposal it was not necessary to include an Environmental Health condition in relation to the timing of demolition work.

Cllr Kate Wheller addressed the Committee as Chairman of the Harbours Committee which had asked the Harbour Master to improve harbour income.  This application followed a successful trial period of supplying air to the diving community from an existing portacabin.

Proposed by Cllr Nick Ireland, seconded by Cllr David Gray.

Decision:

That the application be approved subject to the conditions outlined in the appendix to these minutes.

The Committee considered an application for the construction of a three metre-wide multi use path between Station Road and the former Branch Line to Bridport.

Members were shown a location plan, aerial view, a plan showing an area of mitigation for the reptiles, photos of the footbridge over the railway and location of the path.

The key planning matters were highlighted including:-

·            that the layout and design was considered acceptable;

·            no significant harm to neighbouring residential amenity;

·            some loss of self-set trees on site and impact on wildlife habitat in respect of reptiles; 

·            a certified approved Biodiversity Mitigation and Enhancement Plan accompanied the application and its implementation could be conditioned; and

·            there were no material considerations which would warrant refusal of the application.

A late representation had been received that was circulated in an update sheet to members the day before the meeting.

Cllr Anthony Alford, Dorset Council - Eggardon Ward, addressed the Committee in support of the proposal which he described as a small part of a valuable contribution to the health and wellbeing offer in the area.

Written submissions in objection of the scheme had been received from from 3 members of the public which were read out at the meeting and are attached to these minutes

The Chairman confirmed that this proposal would provide a link from Station Road onto the area South West of the existing railway tracks, providing level access into the bay.

Proposed by Cllr Kelvin Clayton, seconded by Cllr Peter Barrow.

Decision:

That the application be approved subject to the conditions outlined in the appendix to these minutes.

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.