Agenda and minutes

To receive any apologies for absence.

No apologies for absence were received at 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 Wheller declared that she had sat as the chair of the Weymouth and Portland District Scouts, but did not have a pecuniary interest.

Cllr Worth sat as the Chairman of the Chickerell Town Council Planning Committee, however did not participate in the meeting when application P/FUL/2023/02025 was heard, so was not predetermined on this item.

Cllr Bolwell sat as the Chairman of the Bridport Town Council Planning Committee, however did not participate in the meeting for applications 1/D/11/002012, WD/D/16/002852 and P/RES/2021/04848, so was not predetermined on these items.

Cllr Clayton declared an interest in applications 1/D/11/002012 and WD/D/16/002852, due to his personal property being located near to the application site, therefore left the Council Chamber for the consideration of these items.

Cllr Ireland declared that he previously served as a Dorset County Councillor, however was not involved in planning and so would take part in items 5d and 5e.

Cllr Williams declared that she sat as a Bridport Town Councillor, however did no sit on the planning committee and therefore would take part in every item.

Cllr Dunseith declared an interest in application P/FUL/2023/02025, due to being predetermined on this item, therefore left the Council Chamber for the consideration of this item.

Cllr Penfold declared an interest in items 5d and 5e and left the Council Chamber for the duration of these items.

To confirm the minutes of the meeting held on 18 May 2023.

The minutes of the meeting held on 18 May 2023 were confirmed and signed.

To consider the applications listed below for planning permission

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

Develop land by the erection of 83 dwellings (48 houses and 35 apartments), new and refurbished commercial floor space, associated car parking and new vehicular and pedestrian accesses following demolition of some commercial units. Make repairs to flood wall immediately west of 'Tower Building'. Appearance and landscaping reserved for further approval. (Further revised scheme).

An Appendix – July 2017 Report has been attached to this item for information only.

Cllr Clayton left the Council Chamber at 10:17.

With the aid of a visual presentation the Lead Project Officer presented the planning application to members. The location of the site within Bridport was outlined to members, as well as an ariel view of St Michaels Trading Estate. The Lead Project Officer detailed the location of the nearby listed buildings and heritage assets.

Photographs of the site were displayed, including photos of the non-designated heritage assets that were located within the application boundaries and of other buildings within the site, which showed the size and scale of the existing buildings. The Lead Project Officer explained that there was a variety of light industrial commercial units operating within the site, including a record shop and café.

It was explained that there was a range of housing proposed on this development ranging from 1-bedroom flats to 4-bedroom houses and that the affordable housing mix had been reduced since the last application, following a viability assessment submitted by the applicant. The Lead Project Officer noted that although the affordable housing mix had been reduced, this was outweighed by a number of considerations including the fact that the development would still contribute to the need for housing within Bridport and would develop a brownfield site.

The key planning issues were summarised by the Lead Project Officer, who noted the benefits of increased housing, open space and improved employment spaces, which would create more jobs for the local area.  The proposal was not considered to harm the AONB or cause harm to the Bridport Conservation Area.

Public representation was received from the applicant Mr Ridley, who emphasised the importance of developing a sustainable brownfield site and the economic benefits that this application would provide for the local economy in Bridport.

In response to questions from members the Lead Project Officer stated the following:

·       The estimated net number of jobs that would be created from this development was around 100, based on improving the commercial spaces.

·       There had been extensive negotiations around this application regarding affordable housing and the independent District Valuer Service had determined that the amount of affordable housing agreed at the previous committee was no longer viable.

·       The figures in the report about the need for housing in Bridport are from February 2023 and show a high need for both 1 and 2 bedroom homes.

Several members recognised the important contribution that this development would make in providing more homes in Bridport.

Proposed by Cllr Ireland and seconded by Cllr O’Leary.

Decision: That authority be delegated to the Head of Planning and the Service Manager for Development Management and Enforcement to grant subject to the completion of a S106 Legal Agreement with the following heads of terms:

1) 14 affordable dwellings (a minimum of 70% social / affordable rent and a maximum of 30% intermediate affordable housing) to be provided in accordance with an agreed Affordable Housing Scheme with the phasing of 1/D/11/002012 and WD/D/16/002852 interlinked via a phasing plan in the Section  ...  view the full minutes text for item 15.

Application for Full Planning Permission

Redevelopment, including part demolition of listed and unlisted structures and refurbishment of retained structures to provide: (a) 9 residential units (including refurbishment of one existing unit); and (b) a net decrease of 47 sq. m. of light industrial floorspace.(Revised scheme)

An Appendix – July 2017 Report has been attached to this item for information only.

The Lead Project Officer presented the application, which concerned the Northeast corner of the St Michaels Trading Estate. Members were shown the location of the site within the trading estate and the wider Bridport area and the location of nearby heritage assets and listed buildings.

The Lead Project Officer explained that this development included just 2-bedroom properties and a very small reduction in commercial floorspace. The proposed floor plans of each storey of the building were shown, as well as the elevations of the building from each side. This application would be completed within the first phase of the development and wouldn’t include any affordable housing within the site boundary.

The key planning issues were summarised, and the Lead Project Officer noted that the development was acceptable in principle and that although there was a limited housing mix, this was because of site constraints including heritage assets.

Proposed by Cllr O’Leary and seconded by Cllr Cocking.

Decision:

A)   That authority be delegated to the Head of Planning and the Service Manager for Development Management and Enforcement to grant subject to the completion of a S106 Legal Agreement with the following heads of terms:

1) 14 affordable dwellings (a minimum of 70% social / affordable rent and a          maximum of 30% intermediate affordable housing) to be provided in accordance with an agreed Affordable Housing Scheme with the phasing of 1/D/11/002012 and WD/D/16/002852 interlinked via a phasing plan in the Section 106 Agreement based broadly on Phasing Plan Ref. SM1 Rev A received April 2023 and Phasing Breakdown dated June 2022;

2) Agreement and subsequent implementation of an “Employment                     Buildings Refurbishment Scheme”, (based broadly upon Appendix C Regeneration of Commercial Estate of the Design and Access Statement submitted in support of the application) with the phasing of 1/D/11/002012 and WD/D/16/002852 interlinked via a phasing plan in the Section 106 Agreement based broadly on Phasing Plan Ref. SM1 Rev A received April 2023 and Phasing Breakdown dated June 2022;

And subject to the planning conditions detailed in the appendix to these minutes.

And

B)   That authority be delegated to the Head of Planning and the Service Manager for Development Management and Enforcement to refuse planning permission for the reasons set out below if the S106 Legal Agreement is not completed by 15^th December 2023 (6 months from the date of committee) or such extended time as agreed by the Head of Planning and the Service Manager for Development Management and Enforcement:

1. In the absence of a satisfactory completed legal agreement to secure affordable housing and an employment buildings refurbishment scheme, the development would be contrary to Policies HOUS1 and BRID5 of the West Dorset, Weymouth and Portland Local Plan (2015) and Policies H1, H2 and COB4 of the Bridport Neighbourhood Plan.

Construction of 760 dwellings, public open space (including play space and landscape planting), allotments, an orchard, sports pitch provision, with associated changing rooms and car parking, pedestrian, cycle and vehicular links, drainage works and associated infrastructure (Reserved matters application to determine appearance, landscaping, layout and scale following the grant of Outline planning permission number WD/D/17/000986)

An appendix – Committee Report from August 2022 has been attached to this item for information only.

Cllr Clayton returned to the Council Chamber at 11:23.

The meeting was adjourned at 11:23 and reconvened at 11:31.

The Lead Project Officer presented the planning application, which had previously been approved by the committee in August, however following comments from the Environment Agency, three attenuation basins had been altered.

Members were shown a map, displaying the original locations of the three attenuation basins, as well as the proposed locations and design of each basin.

In response to questions from members the Lead Project Officer explained that the attenuation basins met the required guidelines and were not deep enough to require fencing and that the Flood Risk Management Officer had agreed that fencing wasn’t required. The Head of Planning explained that the flood modelling that had been undertaken did include future possibilities regarding climate change and that these had been considered in the report. The Lead Project Officer explained that the basins were not designed for recreational purposes and would also not be filled with water for the majority of the time, meaning that fencing around the basins was not necessary.

Several members felt that in the interest of public safety, fencing and landscaping ought to be included around the basins, to prevent the possibility of accidents occurring.

Proposed by Cllr O’Leary and seconded by Cllr Wheller.

Decision: That reserved matters were granted subject to the conditions set out in the appendix (as amended) to these minutes.

Erect 4 no. houses to existing yard and 3 no. houses to yard 2 without compliance with condition 4 of planning permission 1/E/96/000515 to remove restriction as to use.

Cllr Penfold left the Council Chamber.

With the aid of a visual presentation the Lead Project Officer presented the application to vary a condition that restricted the occupation of the dwellings in order to allow the dwellings to be used for both temporary holiday lets, in addition to the current equestrian usage.

The Lead Project Officer explained that most of the accommodation on the application site was currently unoccupied, because the site was not viable as a racehorse training business due to being located too far away from racecourses.

Oral representations in opposition to the application were received from Cllr Graham Brant of Bincombe Parish, Mr Pope a member of the Dorset AONB Partnership, Mr O’Brien a member of the Thomas Hardy Society and Cllr Tarr. They felt that the change of use of the site could damage the AONB and allow further development to an area of historic interest.

Mr Spiller, the agent for the applicant spoke in support of the application, who stated that this application was small in scale and would only diversify the usage of the current dwellings and not develop the site any further.

In response to questions from members the Lead Project Officer advised that:

·       There was no current equine usage of the site, due to there being no operating racehorse training business.

·       Possible enforcement proceedings shouldn’t impact member’s decision making, as they are confidential and separate to the application.

·       The ownership of the dwellings would remain the same and the S106 would ensure that the dwellings remain as part of one holding.

In accordance with procedural rule 8.1 a vote was taken, the committee agreed to exceed the 3-hour meeting time limit at 12:55.

One member expressed disappointment that these dwellings were empty and not being used.

Proposed by Cllr Cocking and seconded by Cllr Kimber.

Decision:

(A) That authority be delegated to the Head of Planning and Service Manager for Development Management and Enforcement to grant subject to the completion of a deed of variation of the s106 Agreement attached to permission 1/D/09/001333 and subject to the conditions in the appendix to these minutes.

And

(B) That permission be refused for the reasons set out below if the agreement is not completed by 31 December 2023 or such extended time as agreed by the Head of Planning and Service Manager for Development Management and Enforcement:

The proposal would fail to make provision for variation of the s106 Agreement pertaining to the remaining works under permission 1/E/96/000515 for a further 3 houses on yard 2 outside a defined development boundary. As such the proposal would be contrary to Policy SUS2 of the West Dorset, Weymouth & Portland Local Plan (2015) and paragraph 80 of the National Planning Policy Framework.

Erect 50 stables together with ancillary accommodation & associated car parking and access. Erect owners house with associated car parking and access (with removal of condition 11 of planning permission 1/D/09/001333) - restriction to use.

Cllr Penfold left the Council Chamber at 14:02.

The Lead Project Officer presented the application for the variation of a planning condition that restricted the usage of the application site.

Members were shown a map of the site and the boundaries of the application were highlighted, in addition to the elevations and side view of the dwelling and photographs of the stables and house.

The Lead Project Officer explained that the applicant demonstrated the site was no longer viable for training racehorses, due to being too far away from racecourses and that the application was supported by policies ECON6 and SUS3 in the local plan.

Oral representation in support of the application was received from the agent for the applicant Mr Spiller.

The Lead Project Officer clarified that the owners accommodation referred to the principal accommodation on site that would be used by the person running the business, rather than the personal dwelling of the owner.

Proposed by Cllr Bolwell and seconded by Cllr Cocking.

Decision:

(A) That authority be delegated to the Head of Planning and Service Manager for Development Management and Enforcement to grant subject to a deed of variation of the s106 Agreement attached to permission 1/D/09/001333 and subject to the conditions in the appendix to these minutes.

And

(B) That permission be refused for the reason set out below if the agreement is not completed by 31 December 2023 or such extended time as agreed by the Head of Planning and Service Manager for Development Management and Enforcement:

The proposal would fail to make provision for variation of the s106 Agreement pertaining to remaining authorised works under permission 1/E/94/000295 for the laying of a road to yard 2 outside a defined development boundary. The proposal would be contrary to West Dorset, Weymouth & Portland policy SUS2 of the West Dorset, Weymouth & Portland Local Plan (2015) and paragraph 80 of the National Planning Policy Framework.

Erection of one dwelling.

Cllr Penfold returned to the Council Chamber at 14:15.

The Development Management Team Leader presented the application for the erection of a single dwelling. Members were shown the location of the site within Portland and an aerial view showing the grassed area of the application site. The application had come to the committee because of concerns from Portland Town Council due to loss of open space.

Members were shown the proposed floor plan and elevations of the single storey bungalow, as well as photos of the site and the access road to the site.

The Development Management Team Leader summarised the key issues and explained that although there was a loss of open space, it was considered to have limited amenity value due to its small scale and location. The proposed development was considered to be in keeping with the area and there were no concerns around impact on neighbours’ amenity and no adverse impact on roads or parking.

In response to a question from one member the Development Management Team Leader responded that there were multiple other nearby dwellings, which also did not contain a parking space and there was no requirement to do so.

Proposed by Cllr Bolwell and seconded by Cllr Clayton.

Decision: That the application was granted subject to conditions contained within the appendix to these minutes.

Replacement Scout Hall.

Cllr Penfold returned to the Council Chamber and Cllr Dunseith left the Council Chamber at 14:34.

Proposed by Cllr Shortell and seconded by Cllr Kimber.

Decision: That Cllr Kimber be appointed Vice-Chair for the duration of this item.

The Development Management Team Leader presented the application for a replacement scout hall, which was used by the Weymouth West Air Scout Group. The application had come to the committee for consideration due to the application site being located on Dorset Council owned land.

Members were shown the location of the application site on a map, as well as the floor plan of the proposed development, which would provide better accessibility and increased storage facilities. Dorset Police had expressed concern about a small open area of the proposed building, however this issue had been addressed through significant CCTV presence and external perimeter fencing.

The existing and proposed elevations were shown, in addition to photos of the existing scout hall and the access road and surrounding area. There would be no impact on neighbouring amenity as a result of this application and the application had received support from several neighbours, the Ward Member and other consultees.

Public representation was heard from Mr Clothier, who spoke on behalf of the applicant in support of the application. He highlighted the need for a new scout hall in order to provide better accessibility and storage facilities for the scouts.

The Development Management Team Leader responded to a question from one member and explained that a condition around a heat pump had been included, as a result of a comment from Environmental Health about potential noise issues.

Proposed by Cllr Wheller and seconded by Cllr Williams.

Decision: That the application be granted subject to the conditions 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.

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 is no scheduled exempt business for this meeting.

There was no exempt business.