Agenda and minutes

To receive any apologies for absence

An apology for absence was received from Cllr Bill Pipe.

To receive any declarations of interest

The following declarations were made at the meeting:-

Councillor Kate Wheller declared a non-pecuniary interest in Application WD/D/20/01009 - Harbourmaster Compound, Harbourmaster's Yard, Ozone Terrace, Lyme Regis as she was Chairman of the Harbours Committee at the time the application was made.  She confirmed that she had not been involved with or predetermined this application.

Councillor Louie O'Leary declared an interest in Application WD/D/20/01009 - Harbourmaster Compound, Harbourmaster's Yard, Ozone Terrace, Lyme Regis as a member of the Harbours Committee.  He confirmed that he had no prior involvement with this application.

Councillor Sarah Williams declared an interest in Application WD/D/20/01009 - Harbourmaster Compound, Harbourmaster's Yard, Ozone Terrace, Lyme Regis as a member of the Harbours Committee.  She confirmed that she had not been involved with or predetermined this application.

Councillor Susan Cocking declared that she had objected to Application WP/20/00306/OBL - Redundant Buildings, Broadcroft, Quarry, Bumpers Lane, Portland, DT5 1HY Portland when it was considered by Portland Town Council Planning Committee and had therefore predetermined the application.  She would therefore not take part in the debate or vote on this application.

Councillor Kate Wheller declared that she had been a member of the former Weymouth & Portland Borough Council Planning Committee when Application WP/20/00306/OBL - Redundant Buildings, Broadcroft, Quarry, Bumpers Lane, Portland, DT5 1HY Portland had been discussed and that she would consider the application with an open mind.

To confirm the minutes of the meetings held on 12 and 13 August 2020.

The minutes of the meetings held on 12 and 13 August 2020 were confirmed and signed subject to the deletion of an apology by Councillor Louie O'Leary at the meeting on 12 August 2020. Councillor O'Leary confirmed that he had been present at the start of the meeting, but had to leave due to technical difficulties.

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 8 September 2020.

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 Harbourmaster and Fishermans Store.

The Committee considered a Dorset Council application for the erection of a Harbourmaster and fisherman's store.

The Senior Planning Officer presented the application that included a location plan, site plan, aerial photo and photos of the yard in relation to the surrounding buildings as well as separation from the properties in Ozone Terrace by the road.

The proposed building was just inside the Conservation Area boundary that included Ozone Terrace.  Comments had been received from the Conservation Officer in relation to the impact of the proposal on the surrounding area.

Materials had been changed to natural slate, cedarwood boarding, Portland stone plinth, timber side doors and metal roller shutter doors in order to house equipment such as the JCB.

The key planning points were highlighted including:-

·        within DDB

·         need for Harbour Master - economy

·         support for fisherman and leisure

·         visual impact

·         impact on listed building and Conservation Area

·         neighbouring amenity

It was considered that the application was in the public interest as providing storage for the Harbour Master, fishermen and visitors. 

There were no impacts on neighbouring amenity in terms of loss of outlook or light and the Committee was reminded that protection of views towards the harbour was not a material planning consideration.

Three written representations were received in objection to the application that were read out at the meeting and are attached as an appendix to these minutes. 

In response to the comments, the Senior Planning Officer stated that no objection had been received from the Town Council and that locating the store on limited nearby land in the ownership of the Harbour Authority could be more prominent and harmful to that proposed.  Furthermore, there was separation of the proposed building (which would be lower in height) from Ozone Terrace by the gardens of the dwellings, a brick wall, public toilets and electricity sub-station.

The Highways Officer outlined the reasons why there had been no objection on highways grounds, highlighting that pedestrians already used Ozone Terrace, a public right of way, due to the presence of the public toilets in the vicinity.

Prior to commencement of the debate by the Committee, Councillor David Shortell proposed that Councillor Louie O'Leary be elected as Vice-Chairman for the remainder of the meeting which was seconded by Councillor Jean Dunseith.

Decison: That Councillor Louie O'Leary be elected as Vice-Chairman for the remainder of the meeting.

Returning to the debate, Councillor Kelvin Clayton highlighted the concerns of the Conservation Officer set against the need for the building.  He asked whether a full options appraisal had been undertaken for alternative sites and the extent to which those sites been appraised.

Members were informed that the report relied upon additional information that the applicant had provided in response to comments by the Conservation Officer which essentially prohibited alternative sites on the grounds of unsuitability and the costs involved.  It seemed logical to put a store on a site that was ordinarily used for storage purposes as being the most cost effective and practical option.  ...  view the full minutes text for item 5a

Demolish agricultural barn and erect detached dwelling and garage.

This application was deferred.

Steelwork repairs and maintenance painting, provision of anti bird perching coils and associated works.

The Committee considered a Listed Building application by Dorset Council for steelwork repairs and maintenance painting, provision of anti-bird perching coils and associated works to Brewery Bridge, a Grade II listed structure.

Members were shown a number of photos of the bridge as well as a plan of the listed brewery buildings surrounding the bridge which was outside the Conservation Area.

The Committee was informed that work had already commenced meaning that some of the conditions outlined in the report were no longer relevant.  The updated conditions had been included in an update sheet circulated to members before the meeting and were also included as part of the presentation.

Proposed by Councillor Sarah Williams, seconded by Councillor Kate Wheller.

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

 Display of non-illuminated sign (retrospective).

The Committee considered a retrospective application by Dorset Council for the display of a non-illuminated sign on the Victoria Square Roundabout.

Members were informed the location was just outside the Conservation Area and that Portland Town Council had objected on the grounds that it cluttered the roundabout, causing distraction and impeding ground works. 

It was confirmed that the proposal was acceptable in terms of highways safety and did not have cumulative negative impact on the area due to the large size of the roundabout.

A written representation was received in support of the application that was read out at the meeting and is attached as an appendix to these minutes.

Proposed by Councillor Susan Cocking, seconded by Councillor Nick Ireland.

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

Modification of planning obligations on Section 106 Agreement dated 24 June 2015 (original planning approval WP/14/00330/OUT).

Councillor Susan Cocking did not take part in the debate and vote on this application.

The Committee considered an application for the modification of planning obligations in the Section 106 Agreement dated 24 June 2015 on original planning approval WP/14/00330/OUT.

The Senior Planning Officer presented the application, advising that the development had commenced with some dwellings already being marketed on the site.

The Section 106 Agreement required 25% as affordable housing which amounted to 17.75 affordable units and this application sought to remove that obligation due to some abnormal costs not anticipated in relation to contaminated soil and asbestos remediation work that has already been incurred. The District Valuer Service had independently assessed the viability of the scheme and had also agreed that it was not financially viable.

Although the scheme did not provide affordable homes, it provided a mix of properties that included smaller units.

The Committee expressed concern and a degree of disbelief that professional builders had been surprised by unexpected costs on the site and that allowances should have been made for this in the original proposal.  They considered that the open market value of the properties was not affordable when taking into account the average salary of people living in the area. 

Councillor Kate Wheller proposed that the application be refused on the basis that contaminated soils could have been predicted by the developer and that the open market value prices listed in the table were not affordable given salaries of those living on Portland.  Councillor Kelvin Clayton seconded the proposal.

The Solicitor stated that if the application was refused the applicant had a right of appeal to the Secretary of State through the Planning Inspectorate with the usual cost consequences if the reasons for refusal were not justified.  He advised members that the report from the District Valuer Service, which was independent from both the developer and Council, had reached a conclusion on viability. 

The consideration should be that this proposal delivered housing, including a number of units towards the lower end of market housing and that there should be sound reasons for refusing this application.

A vote was taken to refuse the application which was lost.

Councillor John Worth proposed that the application be approved which was seconded by Councillor David Shortell.

Decision: That authority be delegated to the nominated officer to modify the S106 agreement dated 24 June 2015, as varied by deeds of modification dated 28 November 2016 to:

- Remove affordable housing obligations

Councillor Jean Dunseith did not vote on this application as she had been unable to listen to the whole of the officer's presentation due to technical difficulties.

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.