Agenda and minutes

Planning Committee - Tuesday, 3rd November 2015 6.00 pm

Venue: Civic Suite, North Warehouse, The Docks, Gloucester, GL1 2EP

Contact: Tony Wisdom  Democratic Services Officer

Items
No. Item

41.

Declarations of Interest

To receive from Members, declarations of the existence of any disclosable pecuniary, or non-pecuniary, interests and the nature of those interests in relation to any agenda item. Please see Agenda Notes.

Minutes:

Councillor Toleman declared a non-prejudicial personal interest in agenda item 6, Gloucester Cathedral - Project Pilgrim, as he was a volunteer at the Cathedral.

 

Councillor Chatterton declared a prejudicial personal interest in agenda item 6, Gloucester Cathedral - Project Pilgrim, as he was a member of the Cathedral Council.

 

Councillor McLellan declared a non-prejudicial personal interest in agenda items 7 and 8 in respect of the Aquarius Centre, Edison Close as he knew the applicant.

 

 

42.

Minutes pdf icon PDF 111 KB

To approve as a correct record the minutes of the meeting held on 6 October 2015.

Minutes:

The minutes of the meeting held on 6 October were confirmed and signed by the Chair as a correct record.

43.

Late Material pdf icon PDF 44 KB

Please note that any late material relating to the applications detailed below will be published on the website as a supplement in the late afternoon of the day of the meeting.

Additional documents:

Minutes:

Members’ attention was drawn to the late material in respect of agenda items 7 and 8 which had been published on the internet as a supplement.

44.

Gloucester Cathedral - Project Pilgrim - 15/01094/FUL & 15/01095/LBC pdf icon PDF 227 KB

Application for determination.

 

 

Contact: Development Control - Tel: (01452) 396783

Minutes:

Councillor Toleman had declared a non-prejudicial personal interest in this  application as he was a volunteer at the Cathedral.

 

Councillor Chatterton had declared a prejudicial personal interest in this application as he was a member of the Cathedral Council and retired to the public gallery for this item.

 

The Senior Planning Officer presented his report which detailed an application for landscape works to reconfigure College Green including removal of parking from Upper College Green, new steps to the West Front of the Cathedral, paving and planting works at Gloucester Cathedral together with the associated application for Listed Building Consent.

 

The Dean of Gloucester, The Very Reverend Stephen Lake addressed the Committee in support of the application

 

The Dean stated that Project Pilgrim was an opportunity to make a difference. By developing the impact of a visit to Gloucester Cathedral, people would be changed, the City would be encouraged and visitors would want to return.

 

Through giving the City a new public space, restoring the beautiful and nationally important medieval Lady Chapel, enhancing welcome and deepening understanding, we would engage and connect in new ways. The proposal would improve access for all, not just physically, spiritually and intellectually, but also by seeking to keep the Cathedral free to enter.

 

People are at the heart of this celebration of place through personal encounter, heritage-led regeneration and conservation. Our partners tell us that they need the Cathedral to lead change in the city and to be the tipping point for future investment and improvement. Project Pilgrim will help breathe new life into Gloucester by turning sacred space into common ground.

 

Project Pilgrim is a ten year, ten million pound plus project of which the creation of Cathedral Green is but one aspect. It is worth noting that for the HLF to give us the funding, every aspect has to be approved and the whole Project, all ten million pounds of it, falls if any one aspect was not approved. This is why so many groups have come together in support of the whole project and why the media has taken such interest.

 

He wished to record his thanks to the Council’s planning officers who have been both constructive and forensic.

 

He noted that the Close was private land and would not need approval if the Chapter wanted to end parking arrangements. But this was part of a wider vision, for access, engagement, community use and environmental sustainability. He welcomed the conditions as proposed and noted that there were no conditions proposed by Highways. He also noted the very positive comments by the Civic Trust on page 29. Indeed the City Council and County Council had already contributed financially to the fundraising.

Income from the car park space has been falling for years and was not significant in future funding plans.

 

Contrary to comments we were not reliant on this space to accommodate Sunday congregations or volunteers, and have proved that statistically. One cathedral he could cite had a regular congregation of 1000 people  ...  view the full minutes text for item 44.

45.

27, Wellington Street - 15/00707/COU pdf icon PDF 173 KB

Application for determination.

 

 

Contact: Development Control - Tel: (01452) 396783

 

Minutes:

The Senior Planning Officer presented his report which detailed an application for change of use from A1 (retail) to A5 (hot food takeaway) with installation of flue to rear elevation at 27 Wellington Street.

 

The Vice Chair believed that although there were enough takeaway establishments in the area, the application would enhance the building and there were no grounds for refusal.

 

The Chair agreed and noted that his concerns had been mitigated by the opening hours requested.

 

Councillor Smith noted that one of the objectors had stated that No. 8 Wellington Street had been a hot food takeaway which was currently closed and for sale but any purchaser could operate a hot food take away from those premises. The Chair noted that those premises were much closer to a public car park.

 

Councillor McLellan was surprised that the application was expected to generate less traffic than a newsagent.  He had asked a takeaway near his home and had been told that business served in the region of 70 cars per hour. He was advised that the Highway Authority calculations were based on TRICS data.

 

Councillor Hilton believed that there was no need for a takeaway in Wellington Street as there were ten such premises between Clarence Street and Barton Street. He stated that the nature of retail trade was changing and suggested that the premises should revert to residential use and the current application should be refused.

 

Councillor Williams agreed completely with Councillor Hilton.

 

Councillor Hobbs expressed concerns relating to traffic and parking as he believed driving in the area was difficult. He noted that extraction equipment did generate noise which would be disturbing on a quiet night together with noise from car doors and engines. He requested a condition to prohibit illuminated signs as such signs would face residential properties.

 

The Senior Planning Officer advised that external advertisements would require separate consent and Note 2 had been included in the recommendation for the avoidance of doubt. He noted that, subject to the recommended conditions, the Environmental Health Officer was satisfied with the extraction arrangements.

 

Councillor Etheridge expressed concerns regarding traffic as Eastgate Street was closed to traffic on Friday and Saturday nights. The Senior Planning Officer advised that it would be difficult to demonstrate a severe impact on traffic and referred to a recent appeal by Papa John’s which had been allowed.

 

The Vice Chair believed that it would be impossible to sustain a refusal on traffic grounds and the Council could be put at risk of an award of costs at any subsequent appeal.

 

Councillor Toleman agreed with the Vice Chair and noted that the applicant was not a developer but a businessman who would enhance the premises.

 

A motion to grant planning permission subject to the conditions in the report was put to the vote and fell.

 

Councillor Hilton noted the close proximity of a large number of takeaway premises to residential properties that fronted the street without front gardens and the impact on their amenity. He  ...  view the full minutes text for item 45.

46.

Unit K, Aquarius Centre, Edison Close - 15/00919/FUL pdf icon PDF 134 KB

Application for determination.

 

 

Contact: Development Control - Tel: (01452) 396783

 

Minutes:

 

Councillor McLellan had declared a non-prejudicial personal interest in this application as he knew the applicant.

 

The Principal Planning Officer presented her report which detailed an application for the erection of a building with Use Class B1c/B8, associated loading area, car parking and landscaped areas at Unit K, The Aquarius Centre, Edison Close.

 

Members’ attention was drawn to the amended Officer’s recommendation contained in the late material.

 

RESOLVED that subject to adequate surface water drainage information being submitted to the satisfaction of the Lead Local Flood Authority and the City Council’s Drainage Engineer, the Development Control Manager be authorised to  grant planning permission subject to the conditions in the report together with any additional drainage related conditions recommended by the LLFA and the City Council’s Drainage Engineer.

 

47.

Units L - Q, Aquarius Centre, Edison Close - 15/01022/FUL pdf icon PDF 124 KB

Application for determination.

 

 

Contact: Development Control - Tel: (01452) 396783

 

Minutes:

 

Councillor McLellan had declared a non-prejudicial personal interest in this application as he knew the applicant.

 

The Principal Planning Officer presented her report which detailed an application for the erection of an industrial unit containing up to five individual units (Class B1c /B8) with associated servicing area, car parking and landscaped areas at Units L-Q, The Aquarius Centre, Edison Close.

 

Members’ attention was drawn to the amended Officer’s recommendation contained in the late material.

 

RESOLVED that subject to adequate surface water drainage information being submitted to the satisfaction of the Lead Local Flood Authority and the City Council’s Drainage Engineer, the Development Control Manager be authorised to  grant planning permission subject to the conditions in the report together with any additional drainage related conditions recommended by the LLFA and the City Council’s Drainage Engineer.

 

 

48.

9-13 St Johns Lane - 15/00167/FUL pdf icon PDF 122 KB

Application for determination.

 

 

Contact: Development Control - Tel: (01452) 396783

 

Minutes:

The Development Control Manager presented his report which detailed an application for the erection of a rooftop penthouse flat extension to second floor and modernisation of existing elevations of building including windows at 9 – 13, St John’s Lane.

 

He advised the Committee that the previous offices had approval to be converted to residential use under permitted development rights and Members could not have regard to the twelve internal apartments. The current application was for a penthouse apartment and modifications to modernise the existing elevations of the building.

 

He advised that no objections had been received.

 

The Vice Chair noted that the 19th century buildings needed to be retained and the application provided a novel solution to combine old with new.

 

Councillor Hobbs supported the application as he believed that it had been done sensitively and retained the old while enhancing the remainder. He asked if the existing railings and gate could be improved. 

 

Councillor Williams believed that the application represented an excellent regeneration of a City centre building and she agreed with Councillor Hobbs on the fence and gate.

 

Councillor Smith was advised that the end elevation would mainly reflect the sky and she noted the need to ensure that the adjoining buildings were well maintained to avoid unsightly reflections.

 

Councillor Hilton commended the applicant on the design and asked what would happen to the cellar which had previously been the press room of the newspaper.

 

He was advised that the current use of the ground floor as a gym would continue. As the building was not listed internal works did not require planning permission but the applicant had indicated that he was keen to retain internal features.

 

RESOLVED that planning permission be granted subject to appropriate conditions relating to the following matters:-

·         commencement of development

·         details of materials and colours to be agreed

·         archaeological provisions

·         boundary treatment

 

49.

Planning Enforcement Quarterly Progress Report (April - June 2015) pdf icon PDF 213 KB

To receive the report of the Senior Planning Compliance Officer detailing the level and nature of enforcement activity undertaken by the Planning Enforcement team between April and June 2015 together with an update on the Planning Enforcement Plan and Section106 Monitoring Fees.

 

Additional documents:

Minutes:

The Senior Planning Compliance Officer presented his report which

 

·         presented an updated Planning Enforcement Plan, including a Customer Service Charter, for Members’ consideration;

 

·         discussed arrangements for the collection of monitoring fees on Section 106 Agreements and their future status in light of a recent legal challenge;

 

·         reported the level and nature of enforcement activity undertaken by the Planning Enforcement Team between April and September 2015; 

 

·         provided an update on formal action being taken against more serious planning breaches, including the results of legal actions undertaken.

 

He drew Members’ attention to Appendix 2 and advised that a number of similar properties were awaiting the outcome of the enforcement appeal in respect of 90, Longford Lane.

 

He displayed a number of photographs of recent work including:-

 

·         a cyclist/pedestrian friendly barrier at the rear of Gloscat;

 

·         scaffolding business operated from home subsequently relocated;

 

·         hand carwash – impact of run-off water, business closed;

 

·         construction work at ASDA, Kingsway, breach of permitted hours of operation;

 

·         direct action to clear an untidy garden;

 

·         unauthorised advertisement on parked trailer;

 

·         building not in compliance with approved plans, now improved;

 

·         fencing at Beaufort School erected under permitted development but attracted complaints.

 

 

In answer to Members’ questions he advised that action could possibly be taken if vehicles were parked on private land solely for advertising. He noted that was easier to take action on cars parked for sale if they were stationed on the owner’s property.

 

Councillor Toleman was advised that works undertaken on land south of Rectory Lane were investigated and no planning breach had taken place but the site had been referred to the Police Wildlife and Countryside Unit in relation to the Countryside and Wildlife Act.

 

RESOLVED that

 

a)         the updated Enforcement Plan and Customer Service Charter be approved;

 

b)        the continuing practice of requiring monitoring fees from developers in respect of section 106 Agreements be approved on the basis of the approach proposed in paragraph 5.6 of the report;

 

c)         the performance of the Planning Enforcement team be noted.

 

50.

Delegated Decisions pdf icon PDF 191 KB

To consider a schedule of applications determined under delegated powers from 1 August to 30 September 2015.

Minutes:

Consideration was given to a schedule of applications determined under delegated powers in the months of August and September 2015.

 

RESOLVED that the schedule be noted.

51.

Date of next meeting

Tuesday, 1 December 2015 at 6.00pm.

Minutes:

Tuesday, 1 December 2015 at 6.00pm.