Agenda and minutes

To receive any apologies for absence

Apologies for absence were received from Cllrs Susan Cocking, Cllr Nick Ireland and Cllr Bill Pipe.

Cllr Louie O’Leary advised that he would be leaving the meeting at 12 noon.

Proposed by Cllr Louie O’Leary, seconded by Cllr John Worth.

Decision: That Cllr Jean Dunseith be elected as Vice-Chairman for the meeting.

To disclose any pecuniary, other registerable or non-registrable interest as set out in the adopted Code of Conduct. In making their disclosure councillors are asked to state the agenda item, the nature of the interest and any action they propose to take as part of their declaration.

If required, further advice should be sought from the Monitoring Officer in advance of the meeting.

Cllr Dave Bolwell declared that he had predetermined application P/FUL/2021/01762 Land West of Watton Lane, Bridport. He would not take part in debate or vote, however he wished to speak as the ward member on this application.

To confirm the minutes of the meetings held on 6 May 21 ;  10 June 21 ; 8 July 21 ; 

9 September 21 ; 30 September21 ; 4 November 21 ; 2 December 21 ; 6 January 22 and 1 February 22.

The minutes of the meeting held on 6 May, 10 June, 8 July, 9 September, 30 September, 4 November and 2 December 2021 and 6 January and 1 February 2022 were confirmed and signed.

Members of the public wishing to speak 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.

The deadline for notifying a request to speak is 8.30am on Tuesday 1 March 2022.

Please refer to the Guidance for speaking at the Area Planning Committee for further information.

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.

Erection of a drive-through coffee shop and 9 business units (Use Class E and/or B8) with associated access, parking and landscaping works.

The Committee considered an application to erect a drive-through coffee shop and 9 business units (Use Class E and/or B8) with associated access, parking and landscaping works.

The Senior Planning Officer presented the application for a coffee shop with drive through and separate access to business units with car parking at the rear.  The presentation included an aerial photo; site plan showing the site within the Defined Development Boundary (DDB) for Portland and a small part within the Heritage Coast; proposed elevations, floor plans, sections and photos of the site and surrounding area.  The key planning issues were highlighted including principle of development; visual amenity; heritage coast and the setting of the World Heritage Site; residential amenity; highway safety and biodiversity.

A change to the recommendation and amendment to conditions had been included in an update sheet circulated to the committee prior to the meeting and is attached to these minutes.

Mr Dan Wilden, the agent, addressed the Committee in support of the scheme.

In response to technical questions put by members it was confirmed that Homes England were the landowners and that a high fence around the site had been removed from the scheme.  Officers considered that the scheme would not increase car usage in the general location.

Some members welcomed the scheme as contributing to employment and supporting the local community.  However, other members expressed concern regarding busy traffic in the area; the impact on roads adjacent to Portland Beach Road, particularly in light of the highways issues associated with the development of the Lidl site; encouraging driving, blocking of a significant view by the coffee shop and existing cafes operating at Osprey Quay.

Members were advised that Highways Officers were confident that there was sufficient car parking within the proposed site and that the proposal would not result in a major impact on traffic flows in the vicinity. 

Proposed by Cllr Paul Kimber, seconded by Cllr Louie O’Leary.

Decision:

(A)That authority be delegated to the Head of Planning or Service Manager for Development Management and Enforcement to grant, subject to completion of 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 financial contribution for compensation for the loss of habitat of £8,668.77 and subject to the comments of the Environment Agency in relation to the requirement to prevent the use of the commercial buildings as E (e) provision of medical or health services and E (f) creche, day nursery or day centre; and the conditions (as amended) outlined in the appendix to these minutes.

(B) That authority be delegated authority to the Head of Planning or Service Manager for Development Management and Enforcement to refuse permission for the reason set out below if the agreement is not completed within 6 months of the committee resolution or such extended time as agreed by the Head of Planning or Service Manager for Development Management and Enforcement:  ...  view the full minutes text for item 110.

Demolition of existing flats & erection of 18 houses & 13 flats in two blocks (variation to condition 7 of planning approval WP/18/00914/FUL - construction management plan).

The committee considered an application for the demolition of existing flats and erection of 18 houses and 13 flats in two blocks (variation to condition 7 of planning approval WP/18/00914/FUL - construction management plan).

The Lead Project Officer presented the application that included a site location plan, aerial photo, relevant planning history, approved site plan, a visual of the view from Radipole Lane and approved and revised Traffic Management Plans.

The minor material amendment to vary condition 7 to allow the existing access to be used by construction vehicles was considered necessary as other accesses were prohibitive.

The revised Traffic Management Plan included the requirement for traffic marshalls at the junction with Sycamore Road, a 5mph speed limit, deliveries outside of school run times, use of the car park to the south of the site and a wheel wash facility.

The main issues were outlined including the principle of development, highways, amenity and habitat sites.

Mr Jon Dixon addressed the committee in objection to the variation, explaining some of the issues that the local community had experienced so far.

Mr Scott Fenner, representing the contractor, spoke in support of the application and outlined the safety measures associated with the revised Traffic Management Plan.

Cllr Peter Barrow, Dorset Council ward member for Radipole, addressed the committee in objection to the application, highlighting his concerns regarding children walking to school, the risk assessment that gave rise to the revised Traffic Management Plan and issues with its implementation. 

Cllr David Gray, Dorset Council ward member for Radipole, addressed the committee in objection to the variation, providing an explanation why he felt that alternative accesses were not being explored and highlighting that a large number of objectors to the application were asking the Council to keep to the original plan.

The Highways Officer confirmed that the robust nature of the revised Traffic Management Plan and ongoing engagement with the local community was welcomed, noting that there were alternative pedestrian routes to the school that avoided the site.

The overriding concern of the committee related to safety and there was some caution about moving away from the original consent. Concerns were expressed in relation to highway safety, enforcement of the proposed Traffic Management Plan and the inconvenience already experienced by residents.

Following some discussion, Cllr Louie O’Leary proposed refusal of the application which was seconded by Cllr Kate Wheller.

Further debate took place on the potential reasons for refusal, many of which officers advised would not be sustainable on appeal.

Cllr Paul Kimber then proposed deferral of the application in order that a site visit could be undertaken. The proposal to refuse the application was thereafter withdrawn by the proposer and seconder.

Proposed by Cllr Paul Kimber, seconded by Cllr Louie O’Leary.

Decision:  That the application be deferred for the reasons outlined in the appendix to these minutes.

Cllr Louie O’Leary left the meeting at this juncture.

Erection of 3 dwellings.

The committee considered an application to erect 3 dwellings.

Cllr Dave Bolwell did not take part in the debate or vote on this item, however, he addressed the committee as the ward member during public participation.

The Committee was shown a presentation that included a site location plan, aerial photo, planning history details, photos of the site and recently constructed dwelling, site layout plan and elevations.

The main issues were outlined as the principle of development, landscape and visual impact, design and character, amenity, biodiversity, trees, flood risk and drainage.

An update sheet containing amendments to condition 9 and details of an additional representation had been circulated to the Committee prior to the meeting.

Mandy Powell spoke in objection to the application and covered points relating to the principle of development, loss of local amenity, loss of public visual amenity, detriment to the Area of Outstanding Natural Beauty (AONB) and housing land supply.

Rachel Gershfield, a local resident, addressed the committee in objection to the development, making points in relation to damage to the AONB, impact on amenity, the number of vehicles generated by the development and creeping development.

Phil Summerton addressed the committee in objection to the scheme, raising points in relation to housing land supply, the planning history associated with the site and lack of a safe pedestrian route along Broad Lane.

Simon Ludgate, the Agent, spoke in support of the application referring to comments made by the Appeal Inspector in relation to a previous application for 2 dwellings, the shortfall in the 5 year housing land supply as a material consideration and that the site would be minimal in terms of traffic development and volume.

Cllr Paul Hartmann spoke in objection to the application on behalf of Symondsbury Parish Council highlighting points in relation to the formal layout, detrimental impact on the AONB; the potential for creeping development on the adjacent plot and lack of conformity with Bridport Neighbourhood Plan polices and biodiversity gain.

Cllr Dave Bolwell addressed the committee as the Dorset Council Ward Member for Bridport in objection to the application, also referring to comments of the Appeal Inspector with regard to the previous application, the uniformity of the scheme in the AONB, highway safety, the unsuitability of an alternative footpath to Bridport, the lack of public transport and presumption on car use and open market 3-4 bed houses that did not meet the housing need of Bridport. 

In response to a technical point, the Senior Planning Officer advised that housing land supply was based on the West Dorset, Weymouth & Portland Local Plan area only.  Information was also provided on housing density per hectare.

Duration of Meeting – Time Limit

Part-way through consideration of this application, 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

Following the decision to continue the meeting, the committee debate on the application commenced.  ...  view the full minutes text for item 112.

Erection of up to 2 dwellings.

The committee considered a Permission in Principle (PIP) application to erect 2 dwellings.

A presentation was given that included a site location plan, aerial photo and photos of the site. 

The site was outside the DDB and identified as an important local gap in the Local Plan, however, officers considered that there would not be a significant reduction in the openness of the gap of this scheme.

Questions were asked about the overall area of undeveloped land towards Portland Bill, the risk of creeping development, loss of open space and quality of the land and soil.

Members were advised that only the site and quantity of development proposed could be considered as part of the PIP application with all other matters provided at a later technical details application stage.

Cllr Paul Kimber proposed refusal of the application on the basis that the site was outside the DDB, that it represented overdevelopment and would lead to a loss of landscape.  This proposal was seconded by Cllr Kelvin Clayton.  There followed a short adjournment to consider the wording for the refusal, however, upon being put to a vote, the proposal was lost.

Proposed by Cllr Kate Wheller, seconded by Cllr John Worth.

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

Erection of up to 2 dwellings.

The Committee considered an application for the erection of up to 2 dwellings

The application was presented including a site location plan, aerial photo, street view of the site.

Proposed by Cllr John Worth, seconded by Cllr Kate Wheller.

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

The committee considered an application to install an external 4G antenna to an outside wall on Dorset Council leasehold land.

The committee was shown a site location plan, aerial view, planning history and photos of the site and antenna.  The main issues were highlighted including principle of development, impact on heritage assets, scale, design and impact on character and appearance.

An amendment to condition 2 had been included in an update circulated to the committee prior to the meeting.

Proposed by Cllr Sarah Williams, seconded by Cllr Paul Kimber.

Decision: That authority be delegated to the Head of Planning or the Service Manager for Development Management and Enforcement to grant listed building consent subject to the conditions (as amended) outlined in the appendix to these minutes, and subject to there being no adverse comment received from the leaseholder on the lapse of the 21 days’ notice served on them by the applicant.

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 was no urgent business.

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.

The update sheet is attached to these minutes.