Agenda and minutes

To receive any declarations of interest

No declarations of disclosable pecuniary interests were made at the meeting.

To confirm the minutes of the meeting held on 22 October 2019.

The minutes of the meeting held on 22 October 2019 were confirmed and signed.

There will be no opportunity for Members of the public to speak on a planning application unless proper notification is given to Democratic Services no later than two clear working days before the meeting in accordance with the Guide to Public Speaking at Planning Committee.

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.

To consider a report for a Dorchester Conservation Area Article 4 Direction

The Service Manager for Conservation presented the report recommending the making of a new Article 4 Direction for Dorchester Conservation Area.

In February 2019 an immediate Article 4 Direction had been made for the same area which aimed to restrict the gradual loss of character of the conservation area brought about by the replacement, alteration or removal of boundary walls and fences primarily due to off-road parking.

In making the Article 4 Direction, the former West Dorset District Council was required to undertake a period of public consultation which raised a number of queries and concerns.  However, due to Local Government Re-organisation, the Article 4 Direction was not confirmed within the required timescale of six months and expired in August.

The new Article 4 Direction would cover the same area but would differ materially from the previous order by limiting its application to any gate, fence, wall or any other means of enclosure adjacent to a highway or open space.  This was in response to the consultation and would allow residents to alter fences which were not visible to the public.

If approved by committee there would be a six week consultation period following which the comments would be collated and responded to.

Oral representation was received from Cllr Stella Jones in support of the application.

Members were supportive of the recommendation.

Proposed by Cllr Legg, seconded by Cllr Fry

Decision: That the Article 4 Direction be supported by

a) the making by the Council of a new Article 4 Direction under the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) some indicative draft wording of which is set out in Appendix 1 for properties within the Dorchester Conservation Area (identified in Appendix 2). The Direction will seek to remove the following permitted development rights immediately upon the making of the order:

1)                Class A Part 2 – development consisting of the erection, construction, maintenance, improvement or alteration of a gate; fence, wall or other means of enclosure

2)                Class C Part 11 – any building operation consisting of the demolition of the whole or any part of any gate, fence, wall or other means of enclosure; but

in both cases to limit the direction to any gate, fence, wall or other means of enclosure adjacent to a highway or open space (the proposed definitions for which are as set out in Appendix 1);

b) the Council using powers available in respect of the new Direction to enable it to take immediate effect;

c) that power be delegated to the Service Manager for Conservation to undertake all action that she considers necessary and appropriate for the purposes of addressing all procedural requirements relevant to the making, publicity and subsequent consultation of an article 4 direction;

Demolish existing buildings and develop land by the erection of up to 45 No. dwellings with associated infrastructure, including the widening of Shillingstone Lane and provision of school drop off car park. (Outline application to determine access).

The Area Lead (Major Projects) Eastern presented the application to demolish existing buildings and develop land by the erection of up to 45 No. dwellings with associated infrastructure, including the widening of Shilingstone Lane and provision of school drop of car park.  (Outline application to determine access)

The application had been presented to North Dorset District Council Planning Committee in March 2019 but had been deferred to allow Officers time to consider amended plans put forward by the applicant shortly before the committee meeting.

The proposed site was within the Development Boundary and access had been amended to address concerns for the conservation area.

He referred to the requirement for an arboricultural impact assessment to assess which trees would be important and need to be taken into consideration.

In summarising, the principle of development – the site had been designated for business use in the 2003 Local Plan but was now surplus to requirements.  The proposal offered affordable housing, footpaths, and other financial contributions.

The Transport Development Manager addressed the committee and confirmed that Highways were supportive of the application.

The Committee received a late representation relating to concerns about flooding and drainage in Little Lane, however the Area Lead (Major Projects) Eastern advised that the Flood Authority had no objections.

Oral representation was received from Mr J Hall, Mr M Holmes, Ms S Faraday and Mr M Burt with their concerns regarding the application.  These concerns related to the water flow into Collwell Brook the capacity of the two drainage pipes at Little Land to manage the water flow, the construction of the swale and possible pollution to the River Stour which had see the return of the otter.  It was felt that due to other emerging sites in the area there was no need for another 45 homes.  Reassurance was requested in relation to retaining enough hedgerow and greenery to protect the character of the conservation area.  The committee were urged to involve members of the Parish Council in discussions as to where and how the S106 contributions would be used.

Mr R Bellamy, the applicant’s agent, addressed the committee in support of the application.

In response to committee questions the Area Lead (Major Projects) Eastern re-assured members that this was a request for outline permission only and reserved matters would be considered at a later stage.  He was satisfied that the site could be developed with 45 houses while safeguarding trees.  At the reserved matters stage for the proposed site layout the parish council would be consulted through normal procedures and the application could be referred back to committee if required.

The proposed S106 agreement was highlighted on page 81 of the report and it was agreed that the local Ward Member, and the Parish Council would be kept updated on the S106 contributions.

In response to a request to assess the mature trees on the lane, the Tree Officer would be asked to carry out an assessment and if applicable, apply a Tree Preservation Order on  ...  view the full minutes text for item 56.

Develop land by the erection of up to 114 no. dwellings, form vehicular access, associated infrastructure and public open space (outline application with all matters reserved)

The Area Lead (Major Projects) Eastern presented the application to develop land by the erection of up to 114no. dwellings, form vehicular access, associated infrastructure and public open space (outline application with all matters reserved) 

There had been no objections from statutory consultees other than the Parish Council which has raised concerns regarding parking and density of dwellings.

The application was for an allocated site which had met the Neighbourhood Plan criteria,  it was acceptable in terms of access and highways, there was reference to biodiversity within the S106 agreement.

The Transport Development Manager was satisfied from a highways point of view,

Oral representation in objection to the application was received from Ms J Curtis and Cllr C Fraser who spoke on behalf of Sturminster Newton Town Council.  They raised concerns over the density of the development, the increase in traffic and road safety, the loss of trees to provide a mini roundabout and increased car parking

In response to concerns from members about density The Area Lead (Major Projects) Eastern advised that the figure was up to 114 dwellings.  Once a more detailed reserved matters application was submitted, the local Ward Member would be consulted and if required could call the application back to committee.  The Transport Development Manager advised that in relation to construction vehicles using the site, the Construction Traffic Management Plan (CTMP) could be used to restrict times of vehicular movement to and from the site, ideally to avoid the peak periods of traffic associated with the nearby schools.

The site had been allocated for development in the Neighbourhood Plan, was in the settlement boundary and was not large enough to need an environmental impact assessment.

It was proposed by Cllr Ridout, seconded by Cllr Andrews.

Decision: that authority be delegated to the Head of Planning to grant planning permission subject to conditions and the completion of a S106 legal agreement to secure the listed contributions and the conditions outlined in the appendix to these minutes.

Erect 1 No. dwelling

This application had been the subject of a committee site visit on the morning of the meeting.  The visit was attended by all committee members with the exception of Cllr Ridout who did not take part in the discussion or vote on the application.

The Senior Planning Officer presented the application for one dwelling.  The proposed dwelling was designed to look like an agricultural barn from the distance, the floor plans indicated 3 bedrooms with the internal floor area to be 140 square metres.

An Agricultural Accountant had been appointed to look at the farm and the needs of business.  The resulting report indicated that there was a functional requirement for someone to be on site 24/7 to look after the 20 racehorses on site. The business for the stables was viable and sustainable. 

The Proposed dwelling had been positioned to minimise the impact on views.

Oral representation was received from Mr R Nicholls, Cllr C Langham (on behalf of Hilton Parish Council) and the Ward Member Cllr J Haynes.

The objectors were concerned that once permission was obtained for a residential dwelling, with conditions tied to equestrian use, this could be followed by an application to remove the tie.

There had historically been a number of developments on the site which had been subject to enforcement.

There were objections relating to justification and design and the resulting effect on the AONB, the design and positioning was not considered to fit in with the area

Mr J Holt the agent for the application addressed the committee in support of the application.

The committee members debated the proposal.

They had concerns regarding light pollution and the prominence of the lights at night time.  They considered the location was too high and prominent on the landscape and would adversely impact the AONB.  In response to a member question regarding the two businesses on site the Senior Planning Officer advised that the main income would be agricultural based and the Agricultural Accountant would have to be satisfied this was the case.

Although the members would like to have supported the application they felt it was too prominent, there was a functional need for accommodation, 20 horses need to be looked after but there were concerns about light pollution and height on the elevated site.

It was proposed by Cllr Pothecary, seconded by Cllr Taylor.

Decision: that the application be refused due to the reasons outlined in the appendix to these minutes.

Erect 2 No. dwellings (Reserved matters application to determine scale, layout, appearance and landscaping following grant of Outline Planning Permission 2/2018/1406/OUT).

The Planning Officer presented the application for the erection of 2 No. dwellings (Reserved matters application to determine scale, layout, appearance and landscaping following grant of Outline Planning Permission 2/2018/1406/OUT).  He drew the committee’s attention to the conditions in the agenda and updated the drawing revision numbers.

The principle of development for two dwellings on the site had already been established, he gave details of each proposal including construction materials, floor plans and the addition of a car barn for each property.

Both the two main planning issues of neighbour amenity and trees and landscaping had been addressed and the application was recommended for approval.

The Transport Development Manager addressed the committee and confirmed there were no highways issues.

In response to member questions, the Planning Officer advised that both properties would have a soakaway, there was enough room to achieve this and soakaways were not a planning issue. There was a two metre distance between the two properties and the Tree Officer had no objections.

It was proposed by Cllr Ridout, seconded by Cllr Fry.

Decision: that the application be granted subject to the conditions outlined in the appendix to these minutes.

Erect 6 No dwellings, create new vehicular and pedestrian access and form 11 No. parking spaces.

The application to erect 6 No dwellings, create new vehicular and pedestrian access and form 11 No. parking spaces was presented by the Area Manager, she advised that the application would not adversely harm the area, the site was in a settlement boundary and acceptable within the Local and Neighbourhood Plans. 

The Area Manager referred to a previously refused application in 2004, however there had been material changes in policy since then and there were no important views over the site.

Condition 2 – relating to the plan numbers had been updated and the reference to brick and flint in condition 12 needed to be removed due to the change in materials to a more locally distinct brick.

This was a full application, recommended for approval, showing where trees could be retained, accepted within the new Local Plan, and would enhance the hedgerows and amenity of the area.

There were no highways issues

Mr N Smith-Daniels the applicant addressed the committee in support of the application.

In response to a question regarding the lack of a Construction Management Plan the Area Manager advised that one would not usually be applied to a scheme of this scale , especially when there were no issues with parking.

It was felt that the application would fit into the area and bring forward  housing.

It was proposed by Cllr Fry, seconded by Cllr Ridout.

Decision: that the application be granted subject to the conditions outlined in the appendix to these minutes.

In accordance with Procedural Rule 8.1, it was proposed by Cllr S Jespersen and seconded by Cllr J Andrews to extend the meeting in order to determine all the applications on the agenda.

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.

To move the exclusion of the press and the public for the following item in view of the likely disclosure of exempt information within the meaning of paragraph 3 of schedule 12 A to the Local Government Act 1972 (as amended)

The public and the press will be asked to leave the meeting whilst the item of business is considered.

There was no exempt business.