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    Contact Us

    Address:
    The Guildhall
    Frankwell Quay
    Shrewsbury
    SY3 8HQ
     
    Telephone:
    01743 281000
     
    email:

    DEVELOPMENT CONTROL AND

    ENVIRONMENTAL PROTECTION COMMITTEE

    Meeting to be held in the Council Chamber, The Guildhall, Frankwell Quay, Shrewsbury on Tuesday, 8th January 2008 at 6.00 p.m.

    (Or at the conclusion of the Planning Committee meeting whichever is the later)

    Site Visits from The Guildhall at 10.00 a.m. (Light refreshments will be provided for Members and Officers in the Staff Room from 5.00 p.m.)

    Membership: Councillor Mrs Williams (Chairman)

    Councillors: Adams, Mrs Allaway, Bebb, Mrs Brennand, Bushell, Durnell, Freestone, Jetson, Owen, Mrs Parsons, Price, Rees, Townsend and Ms Wild.

    Substitutes: Councillors: Mrs Chebsey, Hendry, Mrs Jones, Moore, Nutting and Sheppard.

    Committee Officer Responsible: Sarah Townsend Tel. 01743 281030

    Members are respectfully reminded of the following planning procedure adopted by the Council:

    1.  The Development Control and Environmental Protection Committee will refer to the Planning Committee for determination:

    1. any proposed refusal of deemed planning permission or the reference back to the Cabinet of a decision to seek planning permission;

    1. and with reasons, any application for planning permission where the Committee is minded to approve the application contrary to the officer's recommendation and where, if approved, the application would be a significant departure from the policies of the development plan.

    2. any controversial application which this committee has failed to determine.

    2.  That in the event of the Development Control and Environmental Protection Committee recommending the determination of an application for planning permission contrary to a development plan then the reason for so doing shall be minuted.

    3.  That where the Development Control and Environmental Protection Committee is minded to refuse an application for planning permission contrary to the officers recommendation then:

    1. the Committee shall specify as fully as possible the proposed grounds for refusal;

    2. the Solicitor in conjunction with the Planning Services Manager shall be asked to consider whether any of the grounds for refusal are lawful and sustainable;

    3. if one or more grounds for refusal are lawful and sustainable the application shall be refused on the grounds stated;

    4. if none of the grounds are considered to be lawful and sustainable, the application shall be referred back to the Committee for determination at the next meeting with a report from the Solicitor.

    4.  That all correspondence received by members on current or forthcoming planning applications be forwarded to the Planning Department for details to be included in the officers' report or schedule of additional letters before return to members.

    AGENDA

    1. MINUTES - 4th December 2007

    Recommendation:

    That the Minutes of the meeting of the Development Control and Environmental Protection Committee held on 4th December 2007 be confirmed as a correct record and be signed by the Chairman.

     

    2. APOLOGIES FOR ABSENCE/NOTIFICATION OF SUBSTITUTES

     

    3. DECLARATIONS OF INTEREST AND DISPENSATIONS

    To receive any declarations of members' interests in any matters which are to be considered at this meeting and to receive any dispensations which will be relied upon.

    (a) Personal (b) Personal and Prejudicial

    When members are declaring a personal interest, or a personal and prejudicial interest in respect of which they have dispensation, they should specify the nature of such interest. Members should leave the room if they have a personal and prejudicial interest in respect of which they do not have a dispensation.

     

    4. AIR QUALITY ACTION PLAN

    Report(Microsoft Word Format 69kb)

    Appendix A(Microsoft Word Format 228kb)

    Appendix B(Microsoft Word Format 54kb)

    Appendix C(Microsoft Word Format 37kb)

    Appendix D(Microsoft Word Format 97kb)

    Appendix E(Microsoft Word Format 22kb)

    Appendix F(Microsoft Word Format 471kb)

    To consider a report of the Environmental Health Manager.

    Recommendations:

    (a) That the measures contained in the revised Air Quality Action Plan including those options set out in Section 4 above for progression (marked * i.e. excluding 4.11, 4.12 and 4.13), be adopted with a view to inclusion in a Final Air Quality Action Plan.

    Reason:

    To discharge the Council's statutory duty under relevant legislation to reduce pollutant levels and exposure of the public to unsatisfactory air quality and to strive for environmental excellence in accordance with Council policy.

    (b) That the revised Air Quality Action Plan be submitted to Defra for comment and any recommendations from them for further work to finalise the plan be subsequently undertaken in partnership with SCC.

    Reason:

    To ensure that the plan is finalised and the measures contained therein implemented in the most cost effective manner, in order to work towards meeting the air quality objective for Nitrogen Dioxide.

    (c) That officers investigate the financial and technological implications of introducing a differential parking rates policy for vehicles and report back to a future committee.

    Reason

    To provide an incentive for motorists to use car parks outside the river loop and to introduce differential rates according to CO2 emissions/vehicle excise duty bands and/or green engine technology, as an incentive for motorists using greener vehicles.

    (d) That SABC make a formal request to SCC to consider adopting minimum emissions standard for subsidised bus services and expanding such to specifically include all town centre services.

    Reason

    Because significant air quality gains can be achieved in the town centre by reducing emissions from buses.

    (e) That the traffic flow at the St. Julian's Friars scheme be clockwise direction and SABC make a formal request to SCC to carry out a study to determine what, if any, changes are needed to the road through the St Julians Friars housing development for the purpose of forming a gyratory system accessible by buses.

    Reason

    Because significant air quality gains can be achieved in the town centre by reducing emissions from buses.

    (f) That SABC make a formal request to SCC to pursue introduction of SCOOT and carrying out a feasibility study of enhancing the Gyratory System at Howard Street/Castle Foregate during 2008/09 including left turn only lane from under the railway arch.

    Reason

    So that congestion can be reduced and the cost of any feasible improvements to the Gyratory System can be identified with a view to budgetary provision for such improvements being established through LTP2

    (g) That the Licensing and Safety Committee be formally requested to continue to review the policy in respect of licensing requirements in respect of older, high mileage taxis and private hire vehicles, Also that Council be requested to make budgetary provision of £4,000 in 2008/2009 so that consultants can be commissioned to carry out a detailed survey of licensed vehicles to accurately establish emissions profiles, mileage etc and that the results of the survey and policy review be reported back to this Committee.

    Reason

    In order that reductions in emissions from older, high mileage vehicles can be achieved through an ongoing programme of review of taxi licensing conditions.

    (h) That High Street be closed to all traffic for a pilot period of up to one year and a one-way system down Wyle Cop be implemented.

    Reason

    To pedestrianise High Street to improve safety, reduce CO2 emissions and improve air quality.

     

    5. CONTAMINATED LAND – FORMER LEAD SMELTING WORKS MINSTERLEY ROAD

    Report(Microsoft Word Format 4,344kb)

    To consider a report of the Environmental Health Manager.

    Recommendations:

    That the scheme of remediation as outlined in Annex C and contained in the report from Enviros dated 3rd December 2007 is approved and that the matter is referred to Cabeitn at its meeting on 28th January 2008 to agree the method of financing.

    Reason:  In order to ensure that the Council complies with its statutory duty contained in Section 78b(1) of the Environmental Protection Act 1990.

     

    6.  Consultation on Validation Checklist Procedures

    Report(Microsoft Word Format 28kb)

    To consider a report of the Planning Services Manager.

    Recommendation:

    That the committee agree to consult on the checklist, in association with The North Shropshire District Council and the Planning Services Manager reports back on the results to the March meeting.

     

    7. 5 Radbrook Road, Shrewsbury

    Report(Microsoft Word Format 24kb)

    To consider a report of the Planning Services Manager.

    Recommendation:

    That the revisions shown on drawing no. 184 01.b. be acceptable as amendments to the original approved application.

     

    8. APPLICATIONS FOR DEVELOPMENT

    Contents Page(Microsoft Word Format 22kb)

    Schedule of Applications(Microsoft Word Format 224kb)

    To consider the schedule of applications for development submitted by the Planning Services Manager.

    The Chairman will propose that with regard to applications on the schedule of applications for development submitted by the Planning Services Manager on which there is no debate, the recommendations of the Officers be deemed to have been accepted without any modifications.

     

    9. PLANNING APPEALS

    The following decisions of the Planning Inspectorate have been received by the Council regarding appeals against a decision to refuse to grant planning permission:

    Site: Perry Mount, Mytton, Montford Bridge, Shrewsbury. Ref. 06/1595/F

    Proposal: Appeal against refusal of side extension to dwelling and new access.

    Decision: Appeal allowed 12th December 2007.

    Summary: The Inspector considered that the extension was of modest size which would have little impact on the character of the house, would not adversely impact on surroundings and the proposal met the Development Plan criteria.

    Site: 'Upland Rise', Castle Lane, Bayston Hill, Shrewsbury. Ref. 07/0132/O

    Proposal: Appeal against refusal of planning permission for a dwelling in garden of Upland Rise.

    Decision: Appeal dismissed 12th December 2007.

    Summary: The Inspector considered the main considerations were that the dwelling would not provide adequate private amenity space, there would be overlooking and a constrained access and lack of turning area.

    Site: Old Brewery, Kingsland Road, Shrewsbury. Ref. 07/0487/LB and 07/0486/F

    Proposal: Two appeals against refusal to grant planning permission and listed building consent relating to erection of garden fence on top of garden wall and unauthorised door in wall of building.

    Decision: Appeals allowed 12th December 2007.

    Summary: The Inspector considered that the fence was justified on security grounds and was not of unacceptable appearance or detrimental to the listed building and likewise, the door was acceptable subject to a condition requiring it to be an acceptable colour. The Officer recommendations were for approval.

    Site: Land at Boreton Farm, Condover. Ref. APP/06/0207/ENF and APP/06/0132/ENF.

    Proposal: Two appeals against enforcement notices regarding unauthorised change of use from agriculture to mixed use of agriculture and motorcycle scrambling and from agriculture / woodland to mixed use of agriculture / woodland / recreation (BMX track).

    Decision: Appeal allowed / enforcement notice quashed / planning permission granted 6th December 2007.

    Summary: The Inspector considered the main issues were whether the character and appearance of the countryside and residential amenity was adversely affected. The Inspector considered that the uses were for friends and family only and considered the use were acceptable subject to conditions. Conditions imposed on the two permissions included private use, limitation of noise (details to be approved by LPA), restrictions on the periods / times of use, no events. The Inspector stated that he was adopting the Council's 'preferred' conditions, but the conditions imposed were slightly different. This issue will be taken up with the Inspectorate.

    Site: 2a Clarkefields, Bayston Hill, Shrewsbury. Ref. 07/0623/O

    Proposal: Appeal against refusal of planning permission for erection of bungalow.

    Decision: Appeal dismissed 11th December 2007.

    Summary: The Inspector considered the main issues were the effect on the character and appearance of the surrounding area and the impact on the living conditions of future occupiers of the site the occupants of 2a and adjoining properties. The Inspector considered that the development would be unacceptably cramped and would diminish the character and appearance of the street, but would not unacceptably affect living conditions of neighbouring properties.

    Site: 2 Meole Rise, Shrewsbury. Ref. 06/1675/F

    Proposal: Appeal against refusal of planning permission for change of use from detached property into separate dwelling with new boundary.

    Decision: Appeal dismissed 17th December 2007.

    Summary: The Inspector considered the main issues were effect on the character and appearance of the locality and its effect on the living conditions of the occupants in terms of private amenity space. The Inspector considered the development would be cramped and discordant with the locality and would fail to offer adequate amenity space.

    Site: 7 Grove Lane, Bayston Hill, Shrewsbury. Ref. 06/1566/F

    Proposal: Appeal against refusal of planning permission for erection of bungalow in garden.

    Decision: Appeal dismissed 13th December 2007.

    Summary: The Inspector considered the main issues were the effects on the living conditions of future occupiers of the site, the occupiers of 7 Grove Lane and adjoining occupiers. The Inspector considered the development would be unacceptably cramped, would offer little amenity space, poor privacy and disturbance from vehicle movements and would thus be contrary to Development Plan policies.

    Site: 27 Bishop Street, Cherry Orchard, Shrewsbury. Ref. 07/0129/F

    Proposal: Appeal against refusal of permission for replacement windows controlled under an Article 4 Direction.

    Decision: Appeal dismissed 13th December 2007.

    Summary: The Inspector considered the main issue was the impact on the character and appearance of the conservation area and considered the original windows made a valuable contribution and that the details of the proposed replacements, which were PVCu, were not acceptable.

    Site: Central Hall, Castle Gates, Shrewsbury. Ref. 07/0328/F

    Proposal: Change of use to gentleman's/exotic dancing club.

    Decision: Appeal allowed 17th December 2007.

    Summary: The Inspector considered the main issue was the impact of the development on the amenity of adjacent occupiers, the vitality of the town centre, the character of the Conservation Area and the public safety of people using The Dana. He concluded that the use was an appropriate town centre use subject to controls over the opening hours; use of CCTV; restricting access/exit to the front door only and measures to ensure noise did not break out of the building. The Officer recommendation was to approve this development

     

    10. EXEMPT ITEMS

    The Chief Executive will report that the following items relates to exempt matters under Part 1 of Schedule 12A of the Local Government Act 1972 and the Committee will be asked to consider passing the following resolution:

    RESOLVED:

    That, under Section 100A(4) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the remaining items on the grounds that they could involve the disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A of the Act.

     

    11.  42 HAVELOCK ROAD, BELLE VUE, SHREWSBURY

    Exempt reports are not available to the public.

    To consider the exempt report of the Planning Services Manager.

     

    12.  Land at Boreton Farm, Condover, Shrewsbury

    Exempt reports are not available to the public.

    To consider the exempt report of the Planning Services Manager.