Agenda and minutes

Councillor Hobbs declared a prejudicial interest in Agenda item 5, Gala Club, Fairmile Gardens as a trustee of ASPIRE and left the meeting during consideration of that item.

The Development Control Manager declared a non-prejudicial interest in Agenda item 5 as a non-playing member of the Gala Club.

To approve as a correct record the minutes of the meeting held on 5^th August 2014.

The minutes of the meeting held on 5 August 2014 were confirmed and signed by the Chair as a correct record.

Person to contact:                                    Development Control Manager

                                                                        Tel: (01452) 396783

The Development Control Manager presented the report which detailed an application for change of use of premises from hairdresser to taxi office with taxi parking at Julian Rogers Autoservices at 107, Eastgate Street.

He advised Members that the application was retrospective and referred to the late material which contained an additional representation objecting to taxis parking in Kings Barton Street and a representation from Councillor Dallimore.

He noted that the premises had had the benefit of Class A2 use which had now lapsed, there were no flooding issues as the built footprint was unchanged and there were no objections from Environmental Health.

He advised that the majority of points raised by Andy Cabs were not material planning considerations. The Licensing Team had been monitoring the business and had not reported any concerns.

Councillor Noakes expressed concern that the business had been described as a taxi and private hire service when in fact it was solely a private hire operator.

AzamChoudry, applicant, addressed the committee in support of the application.

Mr Choudry advised Members that the shop premises had been vacant and he required premises for an office and had been able to rent parking spaces from Julian Roberts Autoservices at night.

His business was very busy but he believed that the noise in the area was mainly attributable to the large number of fast food delivery drivers and other company’s vehicles. He had instructed his drivers not to park on double yellow lines and was trying to comply fully with the law.

Neil Mackie addressed the Committee in opposition to the application.

Mr Mackie drew Members’ attention to the fact that the business was a private hire operator that operated three vehicles that were regularly parked on double yellow lines.

He stated that Andy Cabs positively welcomed competition but expressed concerns that the additional traffic would add to the congestion of Kings Barton Street which was blocked and became a one way street on Friday and Saturday nights. He expressed concern that emergency vehicles may be unable to access the street which comprised mainly of old buildings with a higher fire risk. He believed that the operation would devalue properties in the area.

He noted that the operation would require passengers to be picked on double yellow lines and that was prohibited by the Council’s rules.

He reiterated that competition was welcomed if within the law and the Council’s rules but residents had genuine concerns.

He referred to the nuisance suffered by residents particularly on Friday and Saturday nights, specifically door slamming, engine noise and people shouting and he believed that the protection of residents should be the responsibility and primary objective of the Council.

Councillor Chatterton queried whether use of the car park car park after midnight was permitted and he was advised that such use would be in breach of Condition 2. The Chair suggested that an additional condition be imposed specifically detailing the permitted hours of operation.

Councillor Dee expressed concern at the location of  ...  view the full minutes text for item 26.

Person to contact:                                    Development Control Manager

                                                                        Tel: (01452) 396783

Councillor Hobbs having declared a prejudicial interest left the meeting during consideration of this application.

The Development Control Manager declared a non-prejudicial personal interest in this application as a non-playing member of the Gala Club.

He presented the report which detailed an application for the erection of floodlights, 1 metre concrete hard standing and spectator covered area at the Gala Club, Fairmile Gardens.

He drew Members’ attention to the recommended amendment to Condition 2 within the late material. He advised that twelve representations had been received which were summarised at Paragraph 5.2 of the report.

He noted that although parking could present problems when there was a rugby match at Kingsholm, the average attendance at Wilton AFC matches was 43 and the car parking on site was sufficient.  The football pitch was in Flood Zone 1 and presented no flooding issues. The floodlights may allow noise to continue later than previously but Environmental Health raised no objection having considered the proposed hours of operation. He confirmed that any extension of days and hours of operation would require a further application to be submitted.

Wayne Irvine, Vice Chairman of Wilton AFC addressed the Committee in support of the application.

Mr Irvine, who had responsibility for the planning application, advised Members that that Club had sympathy with the residents’ comments but believed some to be misinformed.

He stated that car parking was adequate as no increase in spectators was anticipated. The average attendance in the previous season was 43 although exceptionally a local derby had resulted in 105. The floodlights would be situated on the 18 yard line with two being on the Clubhouse side and one in front of trees.

The floodlights were to a modern specification and would go on and off quickly. Light levels one metre from the pitch perimeter would be minimal. The floodlights would be used on Tuesdays and Wednesdays and would be switched off by 21.00 hours. He noted that this included an allowance for extra time.

Ben Hill, on behalf of the residents of Fairmile Gardens and High Bank, addressed the Committee in opposition to the application.

Mr Hill believed that the increase in noise would impact particularly on the young and elderly residents. He noted the NHS recommendation that young children should have ten hours sleep each night. He stated that the noise extended beyond full time.

He believed that light pollution would impact on those residents who used their gardens at night as the floodlights would be 30 metres from properties.

Should the club gain promotion to the Hellenic League, traffic and parking problems would increase. He believed that properties would be devalued as a result of the application and asked if it was right that the interests of the club should be put before families and residents.

He believed that it was short-sighted to presume that spectator numbers would not increase and there was a need for compromise between the development of sport and impact on residents.

The Chair noted that  ...  view the full minutes text for item 27.

Person to contact:                                    Development Control Manager

                                                                        Tel: (01452) 396783

The Principal Planning Officer presented the report which detailed an application for the variation of Condition 9 attached to planning permission 98/00119/FUL at Unit 2b (former Apollo 2000) and part of Unit 2a (Staples), 108 Eastern Avenue.

She referred to the agent’s comments regarding the proposed conditions contained within the late material.  She advised that Condition 2 would prohibit any further subdivision of the units and Condition 3 would remove permitted development rights for a mezzanine to protect the vitality of the City Centre.

Councillor Hilton could not see the point of the application other than the unit sizes which he believed to be acceptable.

The Principal Planning Officer confirmed that she had examined other recent relevant6 applications.

The Chair believed that the application could make it easier to find tenants for the units. He noted the importance of protecting the vitality of the City Centre and that the non-open Class A1 use remained and he hoped that it would bring the units back into use

RESOLVED that planning permission be granted subject to the conditions in the report.

Person to contact:                                    Senior Planning Compliance Officer

                                                                        Tel: (01452) 396774

Mr Andy Powick, Planning Enforcement Officer presented the report which detailed the level and nature of enforcement activity undertaken by the Planning Enforcement team between April and June 2014.

He requested that Members disregard Pages 63 and 67 which had been included in error.

He displayed slides illustrating recent activity including:-

Waterwells Business Park - unauthorised sign board

Southgate Street - satellite dish removed

Lock Warehouse – removal of unauthorised signage

Unauthorised surfacing – soakaway installed

Stroud Road – unauthorised access blocked

Bybrook Gardens – untidy land cleared by direct action

36 unauthorised signs removed from highway and public land.

Councillor Hilton expressed concern at the apparent lack of consideration in the City’s 13 Conservation Areas. 

The Development Control Manager noted that the refusal of consent at 47-49 Worcester Street had been upheld on appeal. He noted that Conservation Areas did not enjoy the same status as Listed Buildings and the planning system could not necessarily prevent works being undertaken before a retrospective application was submitted.

He noted that the Council’s two conservation officers were kept very busy.

Councillor Hilton questioned whether purchasers were made aware that properties were within a Conservation Area and was advised that this should appear in land searches.

Councillor Dee referred to informal sales being regularly held in Finlay Road and he was advised that such activity could be held on up to 28 days each year anything in excess would require a change of use application. If the activity was on highway land it would also be a matter for the County Council.

The Chair thanked the Planning Enforcement Team for their work.

RESOLVED that the report be noted.

To consider a schedule of applications determined under delegated powers during the month of June 2014.

Person to contact:                                    Development Control Manager

                                                                        Tel: (01452) 396783

Consideration was given to a schedule of applications determined under delegated powers during the month of June 2014.

RESOLVED that the schedule be noted.

Tuesday, 7^th October 2014 at 18.00hrs.

 Tuesday, 7 October 2014 at 18.00hrs.