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Contact: Denise Hunt 01305 224878 - Email: denise.hunt@dorsetcouncil.gov.uk
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Apologies To receive any apologies for absence Minutes: No apologies for absence were received at the meeting. |
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Declarations of Interest To receive any declarations of interest Minutes: The following declarations were made at the meeting:- Councillor Dave Bolwell declared that he had spoken against
application WD/D/19/003186 - Homestead Farm, Main Street,
Bothenhampton at a previous meeting of the committee. He had taken legal advice and had not predetermined Item 6 -
Update Report - Potential Enforcement Action, Homestead Farm, Main Street,
Bothenhampton as the report specifically related to enforcement action. He would therefore consider the report with
an open mind. and take part in the debate on this item. Councillor Susan Cocking declared that she had previously declared that she had pre-determined Application WP/20/00306/OBL - Redundant Buildings, Broadcroft, Quarry, Bumpers Lane, Portland, DT5 1HY at the meeting on 10 September 2020 as a member of Portland Town Council Planning Committee. However, she had taken legal advice and had not predetermined Application 5e - Report to Committee to Modify a Planning Permission under Section 97 of the Town and Country Planning Act 1990 and would approach consideration of this report with an open mind. |
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To confirm the minutes of the
meeting held on 10 September 2020. Additional documents: Minutes: The minutes of the meeting held on 10 September 2020 were
confirmed. |
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Public Participation PDF 37 KB To
receive questions or statements on the business of the committee from town and
parish councils and members of the public. Public speaking has been suspended
for virtual committee meetings during the Covid-19 crisis and public
participation will be dealt with through written submissions only. Members
of the public who live, work or represent an organisation within the Dorset
Council area, may submit up to two questions or a statement of up to a maximum
of 450 words. All submissions must be sent electronically to
denise.hunt@dorsetcouncil.gov.uk by the deadline set out below. When
submitting a question please indicate who the question is for and include your
name, address and contact details. Questions and statements received in
line with the council’s rules for public participation will be published as a
supplement to the agenda. Questions will be read out by
an officer of the council and a response given by the appropriate Portfolio
Holder or officer at the meeting. All questions, statements and responses
will be published in full within the minutes of the meeting. The
deadline for submission of the full text of a question or statement is 8.30am on
Tuesday 6 October 2020. Additional documents: Minutes: 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. |
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Planning Applications To
consider the applications listed below for planning permission Minutes: Members
considered written reports submitted on planning applications as set out below. |
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WP/19/00480/OUT - Marsh Road Garage, Marsh Road, Weymouth, DT4 8JD PDF 526 KB Demolish existing buildings and erect 20 flats with parking and associated works (Outline). Minutes: The Committee considered an outline application to demolish existing buildings and erect 20 flats with parking and associated works. The Senior Planning Officer gave a presentation of the site within the Defined Development Boundary (DDB) for Weymouth including photos of the site in relation to the surrounding area, an indicative site plan showing how 20 flats could be accommodated with16 parking spaces and amenity space; indicative elevations showing 2.5 storeys that included accommodation within the roof space and indicative street scene. The 1 bed flats ranged between 37 and 46.5sq metres which was within the standard of a minimum of 37sq metres with a shower room and 39sq metres with a bathroom. The key planning issues were outlined including:- · principle of development · residential / visual amenity · highway safety · affordable housing · flooding Concerns regarding flooding had resulted in the submission of an amended Flood Risk Assessment and Drainage Strategy and was now considered to be acceptable. Comments made by the Highways Officer had resulted in 2 additional parking spaces. He also advised of a single recorded injury incident in the area as a result of a rear end shunt before the junction with Newstead / Marsh Road. Some members raised concerns in relation to overdevelopment of the site; the mass of the building compared with the terraced housing; non- compliance with Local Plan policy ECON3; land stability at the rear of the site which bordered the Rodwell Trail and the decrease in amenity space due to the additional parking spaces which was considered to be insufficient for 20 flats and impact on parking congestion in the area. Other members were mindful of the need for smaller properties, encouraging use of brownfield sites, high density accommodation and use of public transport in urban areas. Clarification was sought on the views of Weymouth Town Council and the Senior Planning Officer advised that although not originally opposed to the scheme, Weymouth Town Council had lodged an objection when re-consulted on the amended plans. She confirmed that the Environment Agency, Wessex Water and the Flood Risk Management Team were content with the proposal and that, in her view, non-compliance with Local Plan policy ECON3 was outweighed by the lack of 5 year housing land supply and that the site was surrounded by residential development with good transport links. Further to a question in relation to the affordable housing contribution, it was confirmed that the Section 106 Agreement included a clause that would allow a viability assessment to be resubmitted should the number of properties alter as part of a reserved matters application. Proposed by Councillor Susan Cocking, seconded by Councillor John Worth. Decision: (A) That authority be delegated to the Head of Planning to grant, subject to
a legal agreement under Section 106 of the Town and Country Planning Act 1990
(as amended) in a form to be agreed by the legal services manager to secure the following: ·
The
provision of an off-site affordable housing contribution of £5,772 and subject to the conditions (and their ... view the full minutes text for item 18. |
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WD/D/20/000597 - Land West of, 5 Chapel Lane, Maiden Newton PDF 481 KB Demolish existing outbuildings and erect 2 three bedroom detached houses with parking. Minutes: The Committee considered an application to demolish existing
outbuildings and erect 2 three bedroom detached houses with parking. Members
were given a presentation including an aerial photo demonstrating the mixture
of orientation and style of buildings in the area; a proposed site plan with 2
parking spaces for each dwelling; a plan of the proposed dwellings within the
street scene; elevations and floor plans, photos showing the access onto Chapel
Lane, Old Chapel building and the garage to be demolished. The site was within the DDB and Area of
Outstanding Natural Beauty (AONB), and for the most part outside the
Conservation Area. The
key planning issues were outlined and members were advised of amendments to the
wording of conditions that had been included on the update sheet circulated to
members prior to the meeting. The
Technical Officer read out the written representations received in accordance
with the public speaking protocol which are attached as an appendix to these
minutes. Councillor
Tony Alford - Dorset Council, Eggardon Ward, addressed the committee, saying
that the development was not visually attractive and not built on the
principles of safety and inclusivity. He
drew attention to the failure of the proposal to meet NPPF paragraphs 28 and
110 in addition to local plan policies. The
following points were made by officers further to comments made during public
participation:- ·
no loss
of privacy as the large first floor front windows looked out onto parking and
Chapel Lane and rear windows into the garden areas. ·
that
the development met national space standards ·
technical
services considered the proposal to discharge water to be acceptable with a
request for a condition for a surface water management plan to be submitted. ·
car
parking spaces had been widened to 3 metres to enable a vehicle to turn sooner
out of a space. ·
a third
smaller bedroom was served by roof lights. Proposed
by Councillor Bill Pipe, seconded by Councillor Kate Wheller. Decision: That the application be approved subject to the conditions (as amended in the update sheet) outlined in the appendix to these minutes. |
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WD/D/19/001514 - West Coombe, Smishops Lane, Loders, Bridport DT6 3SA PDF 291 KB Demolish agricultural barn and erect detached dwelling and garage. Minutes: The Committee considered an application to demolish an
agricultural barn and erect a detached dwelling and garage. Members were given a presentation of the 0.4 hectares site
outside of the Loders DDB and within the Conservation Area. The proposed building was on a smaller
footprint with minimal visibility of the site due to trees. The key planning issues were highlighted including:- ·
principle of development ·
design, appearance and impact on the character
of the area and AONB ·
no undue impact on Uploaders and Loders
Conservation Area ·
no undue impact on agricultural enterprise The barns had not been used for 15
years and this was considered to be a sustainable location due to its proximity
to village amenities including a school and public house. The Technical
Officer read out the public written representations which are attached as an
appendix to these minutes. Cllr Alford addressed the committee saying that, in his
view, the report recommendation had been favourable due to the site being
surrounded by trees and that this might change in future. The proposal was for a new build outside the
DDB that did not comply with Local Plan policies SUS2 and SUS3 in relation to
accommodation purposed for local needs, rural worker homes and affordable
housing. The NPPF also made clear the avoidance of building isolated homes in
the countryside with a preference for proposals that enhanced the vitality of
local communities. It also contravened the Loders Neighbourhood Plan that was a
living, working document despite being more than 2 years old. Responding to comments made during public participation, the
Planning Officer confirmed the following points:- ·
an additional home would add to the vitality of
the village in allowing a family to move in and reach facilities in the village
on foot. ·
a condition for a tree plan had been included
with replacement tree planting if necessary.
Tree Preservation Orders could also be considered in the longer term. Members asked about the mobile home on the site and were
informed that this had been subject to an application for a temporary worker's
dwelling in 1989, although it had been used for agricultural storage during the
past 15 years. It was confirmed that the mobile home would be used during the construction
and thereafter removed. Councillor Nick Ireland commented that this was a further
example of the DDB being ignored and that the proposal was not complaint with
rule E5 of the Loders Neighbourhood Plan approved in July 2016. It also contravened Local Plan policies SUS2
and SUS4. He felt that the benefits were
not sufficient to override these policies in order to approve an application
for a single dwelling due to the lack of the 5 year housing land supply. He proposed refusal of the application which
was seconded by Councillor Kelvin Clayton. Members referred to paragraph 16.4 and 16.5 of the report,
highlighting that the Loders Neighbourhood Plan was over 2 years old which
affected its relevance with regard to the proposed scheme. Despite the application being outside ... view the full minutes text for item 20. |
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WP/20/00361/OBL - Land South of Louviers Road, Weymouth PDF 140 KB Modification of planning obligations on Section 106 Agreement dated 20th December 2018 (original planning approval WP/17/00832/FUL). Minutes: The
Committee considered a report concerning the modification of planning obligations on Section 106
Agreement dated 20 December 2018 (original planning approval WP/17/00832/FUL). The Senior Planning Officer outlined the
report that sought to remove the requirement for reinvestment of receipts in
the local area, stating that the mix and tenure of the 40 affordable units
would not change as a result of the alteration of the Section 106 Agreement. Councillor Louie O'Leary stated that the
development which was in his ward was well advanced and he had concerns about a
clause preventing the reinvestment of social housing in the area. He proposed refusal of the recommendation. This was supported by Councillor Kate
Wheller who, whilst acknowledging that the Council may have benefitted from
this clause in the past, was concerned
that the proposal appeared to be
giving up an opportunity for further investment when there was a significant
need for affordable housing in the local area. Members were advised that neither the NPPF
nor Policy HOUS1 required reinvestment in the local area and therefore there
was no policy basis upon which to draft a reason for refusal. The Housing
Enabling Officer stated that this type of clause was expected by Registered
Providers and did not necessarily mean that the area would lose out on future
investment. The new developer could also
be viewed as a welcome addition to the area. Following this advice, Councillor Kate
Wheller reluctantly withdrew her support for refusal of the proposal. Proposed by Councillor Bill Pipe, seconded
by Councillor Dave Bolwell Decision: That authority be delegated to the nominated officer to modify the S106
agreement dated 20 December 2018, to - modify mortgagee in possession clauses by
changing the definition of charge and paras 10.1 to 10.3 of schedule 3
in line with the Securitisation Working Groups standard mortgage in
possession clause; - and seek deletion of para 12 of Schedule 3
indicating they cannot be bound to reinvest in the same local authority area. |
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Duration of Meeting - Time Limit Minutes: A vote to
continue the meeting was taken in accordance with Part 2, Paragraph
8.1 of the Council's Constitution. Decision:
That the meeting be extended to allow the business of the meeting to be concluded. |
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Redundant Buildings at, Bumpers Lane, Portland DT5 1HY. Minutes: The Senior Planning Officer advised that a report to remove
the affordable housing obligation due to viability arising from the costs of
unforeseen contamination of the site had been considered at the meeting on 10 September 2020. A number
of the properties had been sold and others were currently being marketed. The proposed modification related to pubic and environmental
protection by preventing works that would compromise the capping systems across
the site to prevent the risk of asbestos fibres in the soil from being released
into the air as recommended by WPA Contaminated Land Consultants A summary of correspondence received from a representative
of Betterment properties had been included in a second update sheet circulated
to members prior to the meeting that included a comment that an Article 4
direction would be more appropriate. However, the Council's Legal Department considered that
modifying the planning permission under Section 97 of the Town and Country
Planning Act 1990 to include the proposed new condition would be more
appropriate. If approved a notice would be served on all relevant parties and
confirmed by the Secretary of State. Councillor Susan Cocking stated that it was important to
protect residents from contamination as more development took place on
reclaimed land. Members drew attention to the original conditions granted as
part of the outline planning application and the covenants between the
developer and homeowner at a time and questioned why it had taken a long time
to suggest the report's proposal in order to safeguard owners' interests. The Senior Planning Officer advised that this had come to
light since occupation of the properties and that owners could be compensated
for any loss of value to the properties.
The same enforcement process would be used as with any condition to
require the owner to submit a planning application for works below 1m in depth. Proposed by Councillor Susan Cocking, seconded by Councillor
John Worth. Decision: That
Members agree to the modifying of the outline planning permission
WP/14/00330/OUT and WP/16/00388/VOC and to include the condition in respect of
WP/19/00184/VOC (if subsequently granted) by imposing the following new
condition on such permissions: No groundworks shall take place at a depth
more than 1.0m below ground level of all buildings of the development or
at a depth more than 0.60m below ground level for all private gardens,
all privately owned external areas and all other areas of soft
landscaping and groundworks shall not compromise the high visibility membrane
present 1.0m below ground level of all buildings and 0.60m below ground
level for all private garden areas, all privately owned external areas and all
other areas of soft landscaping. For the avoidance of doubt this restriction
shall apply to any works permitted pursuant to Article 3 of the Town
and Country Planning (General Permitted Development Order)
(England) Order 2015 as amended or any Order which replaces the
same. Reason for
Decision To protect the health of the persons living at the properties. |
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Demolition of original farmhouse and erection of a dwelling not in accordance with planning approval WD/D/17/002888 as amended via the approved non material amendment approvals WD/D/19/000355/NMA and WD/D/19/000624/NMA. Additional documents:
Minutes: The report was presented by the Enforcement Manager who
provided the same presentation that was given to the Committee at its meeting
on 10 September 2020 for the
benefit of newly appointed members of the committee who had joined since that
time. He referred to the update sheet containing e-mails from the
applicants on 30 September and 7 October 2020 that had been circulated to
members prior to the meeting. These
e-mails confirmed that the site had been locked down and the keys handed back
to the applicants and that the site would be available to local residents for
parking during highway authority works to the high pavement. The applicants had
indicated that they would submit an appeal of the committee's decision in due
course. The Enforcement Manager outlined the 3 enforcement options
below in full. Option 1 – That no enforcement action be
taken at this stage. Option 2 - That enforcement action be taken
requiring demolition of the whole building - this was not considered to be
expedient as the buildings were capable of being altered to more closely match
the approved building and therefore the proportionality of taking such action
needed to be considered. Option 3 - That enforcement action be taken
requiring alteration of specific elements. The Administration Assistant read out some of the written
representations in accordance with the public speaking protocol. All written representations received were
circulated to the committee prior to the meeting and are attached as an appendix
to these minutes. In response to comments made during public participation,
the Enforcement Manager stated that the differences of the "as built"
and "as approved" schemes were marginal. However, the subjective nature of the issues
had been reflected in the public comments as well as differences in views of
officers and the committee. The fallback
position was the original permission as granted and therefore Option 1 meant
that the Planning Inspector's view could inform any enforcement action that may
be appropriate and was a more defensible position for the Council going
forward. Members questioned the accuracy of the measurements provided
in the report as different figures had been provided as part of the
Non-Material Amendments (NMAs). They asked
how the Planning Inspector would assess the accuracy of these figures when they
may also be reliant on the drawings and measurements presented to them. The Enforcement Manager confirmed that it was usual practice
for planning officers to rely on measurements provided by the applicant and how
this was dealt with going forward would depend on the nature of any
appeal. It was not unusual for a
Planning Inspector to bring measuring equipment to a site, however, if an
appeal resulted in a public inquiry then the measurements would be investigated
by the Council in proofs of evidence. Members remained concerned regarding the varying
measurements and further highlighted that an appeal had not yet been submitted. Councillor Bill Pipe proposed that in the absence of a lodged appeal, that enforcement action was not taken provided that ... view the full minutes text for item 24. |
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WP/20/00417/TEL - Telecommunications Mast Site, Weymouth Way, Radipole, Weymouth PDF 312 KB Installation of 18m high monopole supporting 6no. antennas and 3no equipment cabinets and ancillary development. Minutes: The
Committee considered a proposal for the installation of an 18m high monopole supporting 6 antennas, 3 equipment
cabinets and ancillary development. Councillor John Worth left the meeting at
this juncture. Members received a presentation on the key
matters regarding the acceptability of the siting and appearance of the scheme
on land to the north of Manor Roundabout, Weymouth. There were 2 existing poles of 12 metres and
15 metres in height in the wide area of highway verge rising to the north with
trees and a bridleway. The site was with the Weymouth DDB with a
low risk of surface water and fluvial flooding.
Distances were provided to nearby facilities including the main entrance
to Radipole Primary School (250m), Radipole nature reserve (220m); Lorton
Meadow (250m); Redlands Sports Centre (500m) and St Nicholas and St Laurence
School further to the north. The nearest homes to the application site were in
Greenway Road (30m). The proposal was to upgrade the lower of the
2 monopoles with a higher and more substantial monopole 17metres to the west of
the one to be removed. The existing 15m
mast located further to the east was used by a different network operator and
would be retained. A new mast was needed to support 2, 3, 4,
and 5G antennae and the desired network coverage could not be achieved without
a higher mast as 5G antennae needed to be 3m above the other antennae on the
mast. The pole would be wider with
antennae not fully enclosed within a glass fibre shroud. Councillor Louie O'Leary left the meeting at
this juncture. The Lead Project Officer advised that the
update sheet circulated to members prior to the meeting included a response
from the Dorset Council Highways Liaison Engineer and further
representations. Some of the points
raised related to health concerns that could not be considered as part of this
application. The main considerations were outlined
including conformity with national and local planning policy for communications
development, the adequacy of the justification of the proposal and the
provision and adequacy of other background information in support of the
application. The site was considered to be a good
location for communications development and the application was supported by a
Declaration of Conformity with ICNIRP Public Exposure Guidelines. Members were further advised that paragraph
116 of the NPPF 2019 stated that "Local planning authorities must
determine applications on planning grounds only. They should not seek to prevent completion
between different operators, question the need for an electronic comms system,
or set health safeguards different from the International Commission guidelines
for public exposure." If the committee considered that there was a need to approve
the siting and appearance of the mast, the statutory deadline was in 2 days'
time. Written representations received in
accordance with the public speaking protocol were read out by the
Administration Assistant and are attached as an appendix to these minutes. In response to a question, members were advised that the acoustic fencing had been ... view the full minutes text for item 25. |
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To inform members of notified
appeals and appeal decisions and take them into account as a material
consideration in the Area Planning Committee's future decisions. Minutes: The
Committee considered a report outlining appeals
and appeal decisions in order to take them into account as a
material consideration in the Planning Committee’s future decisions. Noted |
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Urgent items 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. Minutes: There were no urgent items. |
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Additional documents: Minutes: The two update sheets are attached to these minutes. |
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