Agenda and minutes

To receive any apologies for absence

Apologies for absence were received from Cllrs Peter Barrow and David Gray.

To receive any declarations of interest

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

To elect a Vice-Chairman for the meeting.

Proposed by Cllr Susan Cocking, seconded by Cllr Nick Ireland

Decision: That Cllr David Shortell be elected as Vice-Chairman for the meetings on 12 and 13 August 2020.

To confirm the minutes of the meeting held on 9 July 2020.

The minutes of the meeting held on 9 July 2020 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.

Modification of planning obligations on Section 106 Agreement dated 26th June 2017 of planning application WP/17/00271/OUT.

The Committee considered an application for the modification of planning obligations on a Section 106 Agreement dated 26th June 2017 of planning application WP/17/00271/OUT which granted permission for 340 dwellings.

The Lead Project Officer presented the application,  informing members that the modification related to a reduction in the area of public open space from 4.75 to 4.7 hectares.  Given that a development of this site would ordinarily require 1.53 hectares of open space, 4.7 hectares remained a significant over provision of open space.

The modification also sought a change in how the open spaces were to be provided from 4 large play spaces to 12 smaller play areas of 250 square metres.

The key issue was highlighted as being the reduction in public open space by 0.05 hectares.

Members sought clarification on the nature of the smaller play areas and impact on future maintenance schedules given that larger play areas were easier to maintain.

It was confirmed that not all of the 12 play areas would comprise fully equipped play equipment in the traditional sense and that some of the areas would involve natural play.

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

Decision

That authority be delegated to the Head of Planning to modify the S106 agreement dated 26thJune 2017 of planning application WP/17/00271/OUT to:

-           Modify the public open space provision to a total of 4.70ha

Members of the public wishing to submit a written representation 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.

Please note that the deadline to register to submit a written submission to the Area Planning Committee is at 8.30am on Monday 10 August 2020.

Please refer to the Guide to Public Speaking at Planning Committee and specifically the "Covid-10 Pandemic – Addendum to the Guide to Public Speaking Protocol for Planning Committee meetings  - July 2020" included with this agenda.

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.

Erect dwelling.

The Committee considered an application to erect a dwelling on land at Jesmond Farm.

The Lead Project Officer presented the application and an aerial photo of the site showed a paddocked area within a wider agricultural field accessed by an existing access along Monmouth Gardens.

The location was just outside the Defined Development Boundary (DDB) and the high risk flood area although the access was just within the flood area.

The key planning issues were highlighted, including:-

• Principle of development
• Visual impact and the AONB
• Flood risk

The applicant had submitted an evacuation plan to deal with a flood event.  The property was easily accessed from the town and added to the housing supply.

A written representation by the Agent in support of the application was read out by the Administration Assistant and is attached to these minutes.

Members highlighted that there was no mention in the report of possible contamination and were informed that a condition could be added to require the applicants to notify the Planning Authority if contamination was found.  The addition of such a condition was supported by the Committee.

The Chairman highlighted that the proposal was not in the Local or Neighbourhood Plans nor was this an affordable dwelling.

Proposed by Cllr Nick Ireland, seconded by Cllr Kate Wheller.

Decision:  That the application be approved subject to the conditions, including an additional condition in relation to contamination, as outlined in the appendix to these minutes.

Demolition of existing bungalow and erection of 5.no dwellings.

The Committee considered an application for the demolition of an existing bungalow and erection of 5 dwellings that had been deferred for a site visit at the meeting on 9 July 2020.

The Enforcement Manager updated the committee that a further representation had been received from Mr Dixon objecting on grounds of highways and access, details of which he had e-mailed to all members of the Area Planning Committee.

An additional plan submitted showed the proposed pedestrian and vehicular access proposals ‘as existing’ and ‘as proposed’ for clarification purposes as requested by the Chairman at the previous meeting.

A short video of the site had been circulated to members in lieu of a physical site visit due to the restrictions imposed by the COVID 19 Pandemic in relation to group gatherings.

Members were given a similar presentation that was received at the meeting on 9 July 2020.  Extra slides had been added at the request of the Chairman showing the existing and proposed wider site access with the footpath running alongside and bollards along the gable wall at No 80 East Street; and similarly for the existing and proposed pedestrian access with a kissing gate onto East Street.

The key planning points were highlighted, including :-

• Principle of development
• Design
• Conservation Area and AONB
• Neighbouring amenity
• Highways
• Biodiversity/nature conservation
• Community Infrastructure Levy (CIL)

The Chairman reminded members that they would have needed to have seen the video, attended the site, or have good knowledge of East Street in order to participate in the debate on this application.

The Vice-Chairman stated that he was concerned with the narrowness of  East Street and referred to the NPPF which stated that development should only be refused on highway grounds if there was an unacceptable impact on highway safety which he felt to be the case in this instance.  Even with the increased width of the vehicular access, he considered that vehicles would need to pull out across the road in order to see and there was no pavement along East Street to offer protection to pedestrians. He referred to a previous objection to an application at Hollymoor Gardens due to the highways impact on East Street and that this, and the narrowness of the street should be taken into consideration in this proposal.

Other members expressed similar serious concerns in relation to highway safety.  They considered that the single vehicular access from this development onto East Street was potentially hazardous, given the nature of East Street and lack of visibility splay due to the buildings either side of this access.  It was noted that there was some inconsistency with the advice given by the highways authority in relation to viewing mirrors.

Referring to comments made about a previous application at Hollymoor Gardens for a single dwelling and vehicular access, the Enforcement Manager advised that this application had initially been refused, but then allowed on appeal.  At that time, the Planning Inspector addressed the main issue of impact on the highway network in  ...  view the full minutes text for item 147.

Formation of first floor walkway and seating area.

The Committee considered an application for the formation of a first floor walkway and seating area which users of the facility could use as outdoor amenity space.

Members received a presentation on the proposal that was within the DDB and ancillary to leisure facilities, cafe and day nursery.  The site was on an industrial estate with no nearby residential houses.

An objection had been received from the Parish Council on the grounds that the walkway overlooked the Area of Outstanding Natural Beauty (AONB) of the river and Asker Valley.

The main planning issues were outlined including:-

• a small scale development within the DDB
• no nearby residential use
• use as an outside seating space for staff
• no change of use
• noise impact minimal within the trading estate
• no impact on parking or trees
• hours of use controlled 0800 to 2000 (a typographical error that stated 2200 in the presentation was corrected)

In response to questions, the Senior Planning Officer advised that the existing uses of the building was covered in condition 5 of the proposal.

Members highlighted that a licence to sell alcohol had recently been granted for the building, however, given the hours of operation of the building some members did not consider this to be unduly concerning.  An alternative view was expressed that the impact of the licensing on the overall use of the building was not favourable.

Proposed by Cllr Jean Dunseith, seconded by Cllr Kelvin Clayton.

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

Demolition of original farmhouse in Conservation Area. Erection of 1.no. new

4 bed low carbon house (with variation of condition 1 of planning approval

WD/D/17/002888 to amend approved plans).

The Committee considered an application for the demolition of an original farmhouse in the Conservation Area and the erection of a new 4 bed low carbon house (with variation of condition 1 of planning approval WD/D/17/002888 to amend approved plans).

The Enforcement Manager presented the Section 73a application that sought to vary the plans list condition for the previously approved planning permission for the site.  A number of Non-Material Amendment applications (NMAs) had subsequently been approved, but the latest received in 2019 was refused. This was due to the cumulative changes sought not being accepted as an NMA which left the only option to regularise the building as now built and to be completed in the form of a Section 73a application.

Members were shown a site location plan, showing a red line dividing the built form and garden/ allotment areas and terraced properties on the north side accessed by a higher footpath level to the road; the site location in relation to the village centre and nearby listed buildings, Conservation Area (CA) and DDB; an aerial photo of the land before development and former farmhouse buildings along Main Street sloping downwards and Village Hall; google views before redevelopment of the farmhouse at right angles to other buildings down the slope of the land and access footway to the properties along Main Street.

Members were also shown various plans of the "Y" shape development and lower level garage accessed via Main Street and the garden area / private allotment with an access off Duck Street.

A number of photos were shown of the development including the structure as built, the garage set at a lower level off Main Street; the Main Street and Duck Street accesses and the general vicinity of the development.

He confirmed that no Highways objection had been made in relation to the slope of the driveway leading to the garage.

Slides were shown of the as built and as approved floor plans which showed a similar building in terms of its footprint and accommodation, however, the building had been "tweaked" on the various levels and was now further towards Main Street showing how it had not been built in accordance with the approved plans. Comparisons were also shown of the as approved and as built elevations showing the differences in height of various elements of the building.

The key planning points were highlighted including:-

• Principle of development
• Design
• CA / AONB
• Neighbouring amenity
• Highways
• Community Infrastructure Levy (CIL)

A number of written representations objecting to the application and one in support by the Agent were received and are attached to these minutes.  Some of these were read out at the meeting by the Administration Assistant in accordance with the revised Public Speaking Protocol for Area Planning Committee meetings.

Cllr David Bolwell - Dorset Council - Bridport, addressed the Committee stating that many changes had been made to the original plans approved by West Dorset District Council, which had already been reduced in size further to  ...  view the full minutes text for item 149.

Make alterations to convert redundant toilets to beach chalet (with variation of Condition 1 of Planning Permission 1/D/13/000282 amending the occupancy condition).

The Committee considered an application to vary Condition 1 of Planning Permission 1/D/13/000282 amending the occupancy condition in relation to a Beach Chalet that had been converted from former toilets to a chalet in 2002.

The Senior Planning Officer outlined the planning history with regard to conditions.  This application represented a further relaxation to allow use as holiday accommodation between 1 March and 31st October each year but not for ancillary sales or serving of food and/or drink. 

An additional representation had been received in objection of the scheme following publication of the agenda wishing the chalet to be returned to its former use as a toilet block and raising issues of ownership.  This was included in the update sheet circulated to members prior to the meeting.

The Senior Planning Officer advised that the change of use had happened in 2013 and was not relevant to this application.  She had also checked ownership and the applicant had signed the relevant certificate which was satisfactory to validate this application.

A written objection by Charmouth Parish Council was read out by the Administration Assistant and is attached to these minutes.

In response to questions it was confirmed that the new condition would allow the chalet to be let out to people outside of friends and family within the timeframe of 1 March to 31 October.

Some members agreed with the view expressed by Charmouth Town Council that the current conditions were adequate.

The Area Manager - Western & Southern explained that if minded to refuse, members should consider the harm caused by the variation in the condition, particularly given recent ministerial advice on a more flexible and relaxed approach to extending the season to help the UK economy.

The Solicitor explained that the test for imposing conditions must be for a planning purpose and be reasonable, proportionate and enforceable.  Members should therefore consider the planning harm in letting the chalet on a commercial basis as opposed to friends and family.

Concerns were also raised in relation to increased lighting, however, members were informed that the proposal did not include any physical changes and that lighting would comprise development.

Proposed by Cllr Susan Cocking, seconded by Cllr David Shortell.

Decision: That the application be approved subject to the conditions outlined 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.