Development Control and Environmental Protection Committee

8th January 2008

PRESENT: Councillor Mrs Williams* (Chairman)

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

(* Denotes attendance at site visits that day).

Also in Attendance: Councillors Mrs Jones, Wagner, J M Williams and S J Williams.

Officers in Attendance: Planning Services Manager, Head of Development Control, Manager - Pollution and Housing, Senior Area Planning Officer, Senior Solicitor and Committee Services Officer.

Mr P Crossland and Mr M Withington (Shropshire County Council).

APOLOGY FOR ABSENCE: Councillor Rees (Councillor Nutting attended as his substitute).

MINUTES: 4^th December 2007 - confirmed.

DECLARATIONS OF INTEREST: The following members declared their personal and/or personal and prejudicial interests in the items shown below:

Member	Minute Number and Matter
Councillor Adams	Minute 05/08 (Item 26) - Garden of 9 Frinton Close, Shrewsbury - Personal interest as he knew an objector.
Councillor Mrs Brennand	Minute 05/08 (Item 21) - Land off Roman Road and rear of 57 Port Hill Road, The Schools, Shrewsbury - Personal interest as she knew the public speaker.
Councillor Bushell	Minute 05/08 (Item 24) - Land at Wroxeter Roman Vineyard, Wroxeter, Shrewsbury - Personal and prejudicial interest as he occasionally socialised with the applicant. He left the room and took no part in the consideration of or voting on the application.
Councillor Mrs Freestone	Minute 05/08 (Item 23) - Land at Church Road, Uffington, Shrewsbury - Personal and prejudicial interest as she knew the applicant. She left the room and took no part in the consideration of or voting on the application.
Councillor Jetson	Minute 05/08 (Item 8) - Black Lion Farm, Church Pulverbatch, Shrewsbury - Personal interest as he knew the applicant.
Councillor Owen	Minute 05/08 (Item 21) - Land off Roman Road and rear of 57 Port Hill Road, The Schools, Shrewsbury - Personal and prejudicial interest as he was a Governor of Shrewsbury School. He left the room and took no part in the consideration of or voting on the application.
Councillor Price	Minute 05/08 (Item 6) - 7 Shrewsbury Road, Bomere Heath, Shrewsbury - Personal and prejudicial interest as the objectors’ agent (the public speaker) was a personal friend. He left the room and took no part in the consideration of or voting on the application. Minute 09/08 (Agenda Item 12) - Land at Boreton Farm, Condover, Shrewsbury - Personal and prejudicial interest as he was in the same motorcross club as one of the persons involved. He left the room and took no part in the consideration of or voting on the application.
Councillor Ms Wild	Minute 05/08 (Item 21) - Land off Roman Road and rear of 57 Port Hill Road, The Schools, Shrewsbury - Personal interest as her son was a former pupil of the school. Minute 05/08 (Item 23) - Land at Church Road, Uffington, Shrewsbury - Personal interest as she knew some of the objectors and the applicant. Minute 09/08 (Agenda Item 12) - Land at Boreton Farm, Condover, Shrewsbury - Personal interest as she knew the objectors and the applicant.
Councillor Mrs Williams	Minute 05/08 (Item 13) - 1 Darwin Gardens, Shrewsbury - Personal and prejudicial interest as it was a neighbour’s application. She left the room and took no part in the consideration of or voting on the application. Councillor Bebb took the chair for this item.
All Members and Officers	Minute 05/08 (Item 26) - Garden of 9 Frinton Close, Shrewsbury - Personal interest as the applicant was known to them.

 

01/08 AIR QUALITY ACTION PLAN

Consideration was given to a report of the Environmental Health Manager in respect of the Air Quality Action Plan. Members were provided with feedback from further consultation on the measures contained within the Council’s Draft Air Quality Action Plan and on the additional proposals of the Chief Executive as set out in his report to the Committee on 11^th September 2007.

Mr P Crossland and Mr M Withington were in attendance from Shropshire County Council in order to answer questions and present the views of Shropshire County Council’s Transport Planning Section.

Councillor J M Williams spoke in accordance with the Council’s scheme for public speaking on planning applications.

The Manager - Pollution and Housing informed Members that the report would be considered at 28^th January 2008 Cabinet meeting in order to address the financial implications.

 

RESOLVED:

(a) That the measures contained in the revised Air Quality Action Plan including those options for progression set out in Section 4 of the Environmental Health Manager’s report (excluding 4.11, 4.12 and 4.13 and those matters covered by (c) and (h) below), be adopted with a view to inclusion in a Final Air Quality Action Plan.

(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 considered in partnership with Shropshire County Council.

(c) That the recommendation that Officers investigate the financial and technological implications of introducing a differential parking rates policy for vehicles and report to a future committee be put in abeyance for future consideration by the new unitary council for Shropshire.

(d) That Shrewsbury and Atcham Borough Council make a formal request to Shropshire County Council to consider adopting minimum emissions standard for subsidised bus services and expanding such to specifically include all town centre services.

(e) That the traffic flow at the St. Julian's Friars scheme be in a clockwise direction and Shrewsbury and Atcham Borough Council make a formal request to Shropshire County Council to carry out a study to determine what, if any, changes were needed to the road through the St Julian’s Friars housing development for the purpose of forming a gyratory system accessible by buses.

(f) That Shrewsbury and Atcham Borough Council make a formal request to Shropshire County Council to consider the introduction of SCOOT and carrying out a feasibility study of enhancing the Gyratory System at Howard Street/Castle Foregate during 2008/09.

(g) That the Licensing and Safety Committee be formally requested to continue reviewing the policy in respect of licensing requirements in respect of older, high mileage taxis and private hire vehicles, and 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.

(h) That any action on High Street be held in abeyance for wider consideration of all town centre traffic issues.

 

02/08 CONTAMINATED LAND - FORMER LEAD SMELTING WORKS, MINSTERLEY ROAD

Consideration was given to a report of the Environmental Health Manager in respect of the remediation scheme devised to deal with the land contamination at the former lead smelting works in Minsterley Road, Pontesbury.

Members had visited the site prior to the start of the meeting.

RESOLVED:

That the scheme of remediation as outlined in Annex C of the report of the Environmental Health Manager and contained in the report from Enviros dated 3^rd December 2007 be approved and the matter be referred to 28^th January 2008 Cabinet meeting to agree the method of financing.

 

03/08 CONSULTATION ON VALIDATION CHECKLIST PROCEDURES

Consideration was given to a report of the Planning Services Manager in respect of the changes to the validation process for all planning applications submitted under the Town and Country Planning Act, which were due to come into force in April 2008.

RESOLVED:

That a consultation be carried out on the checklist, in association with North Shropshire District Council and that the Planning Services Manager reports on the results to the March Committee meeting.

 

04/08 5 RADBROOK ROAD, SHREWSBURY

Consideration was given to a report of the Planning Services Manager in respect of the erection of a part single storey/part two storey side and rear extension incorporating existing garage at 5 Radbrook Road, Shrewsbury.

Members had visited the site prior to the start of the meeting.

Ms Connor spoke against the proposed amendments in accordance with the Council’s scheme for public speaking on planning applications.

RESOLVED:

That the revisions shown on drawing no. 184 01.b. be accepted as amendments to the original approved application in respect of the erection of a part single storey/part two storey side and rear extension incorporating existing garage at 5 Radbrook Road, Shrewsbury.

 

05/08 APPLICATIONS FOR DEVELOPMENT

The Planning Services Manager submitted a schedule of applications for development with his recommendations detailed thereon. In addition to the objections and representations detailed on the schedule, the Committee also considered further schedules of additional objections/representations received, copies of which are attached to the signed minutes, which were circulated at the meeting.

Members had made visits to the following sites prior to the start of the meeting:

• Black Lion Farm, Church Pulverbatch, Shrewsbury;

• Old Rectory, Brookside, Pontesbury, Shrewsbury;

• Meadowdale, David Avenue, Pontesbury, Shrewsbury;

• 1 Darwin Gardens, Shrewsbury;

• 34 Cornelia Crescent, Shrewsbury;

• Land off Roman Road and rear of 57 Port Hill Road, The Schools, Shrewsbury; and

• Garden of 9 Frinton Close, Shrewsbury.

The following Members spoke on the applications stated:

Member:	Application:
Councillor J M Williams   Councillor Wagner   Councillor Mrs Jones   Councillor S J Williams   Councillor Wagner   Councillor S J Williams	Minute 05/08 (Item 14) - Land to rear of 60 Moreton Crescent, Shrewsbury. Minute 05/08 (Item 16) - Ground Floor, Central Hall, Castle Gates, Shrewsbury. Minute 05/08 (Item 17) - 34 Cornelia Crescent, Shrewsbury. Minute 05/08 (Item 19) - The Bull Inn, Butcher Row, Shrewsbury. Minute 05/08 (Item 22) - Unit 26 Pride Hill, Shrewsbury. Minute 05/08 (Item 22) - Unit 26 Pride Hill, Shrewsbury.

The following members of the public were permitted to speak on the applications stated in accordance with the Council’s scheme for public speaking on planning applications:

Application:		Member of the public:
Minute 05/08 (Item 1) - Concord College, Acton Burnell, Shrewsbury		Mr Smith spoke against the proposals. Mr Hughes, the agent, responded on behalf of the applicant.
Minute 05/08 (Item 6) - 7 Shrewsbury Road, Bomere Heath, Shrewsbury		Mr Rowson spoke against the proposals.
Minute 05/08 (Item 13) - 1 Darwin Gardens, Shrewsbury		Mr Ball spoke against the proposals.
Minute 05/08 (Item 19) - The Bull Inn, Butcher Row, Shrewsbury		Mrs Saxton spoke against the proposals. Mr Stentiford, the agent, responded on behalf of the applicant.
Minute 05/08 (Item 21) - Land off Roman Road and rear of 57 Port Hill Road, The Schools, Shrewsbury		Mr Yaxley spoke against the proposals.
Minute 05/08 (Item 22) - Unit 26 Pride Hill, Shrewsbury		Mr Shakespeare spoke against the proposals.
Minute 05/08 (Item 23) - Land at Church Road, Uffington, Shrewsbury		Mrs Roberts spoke against the proposals. Mr Harrison, the agent, responded on behalf of the applicant.

 

(Councillor Adams was not in attendance for Minute 05/08 (Item 9) in its entirety and took no involvement in the discussion or decision made by the Committee on this item).

(Councillor Townsend was not in attendance for Minute 05/08 (Item 23) in its entirety and took no involvement in the discussion or decision made by the Committee on this item).

(Councillor Ms Wild was not in attendance for Minute 05/08 (Item 6) in its entirety and took no involvement in the discussion or decision made by the Committee on this item).

RESOLVED:

That, subject to the amendments set out below, the recommendations of the Planning Services Manager, as contained in the Schedule of Applications (a copy of which is attached to the signed minutes), be approved:

Item 1: 07/1678/F - Concord College, Acton Burnell, Shrewsbury

Include the following condition:

Details of floodlighting and external ventilation equipment and/or external lighting for the building and/or open areas, including associated car parking and servicing areas, shall be submitted to and agreed in writing with the Local Planning Authority before the building is occupied. Development shall be carried out in accordance with the approved details and no additional external lights shall be erected without the prior written consent of the Local Planning Authority.

Reason: In the interest of visual amenity.

Item 6: 07/1216/O - 7 Shrewsbury Road, Bomere Heath, Shrewsbury

The Development Control and Environmental Protection Committee determined that the application be delegated to the Planning Services Manager. Once the awaited comments have been received from Bomere Heath Parish Council, the application will be approved if no objections are received. If the Parish Council object to the application, the Planning Services Manager will consult the Chairman and Vice-Chairman of the Committee and approval will only be granted if the objections are minor.

Item 9: 07/1046/RM - Old Rectory, Brookside, Pontesbury, Shrewsbury

Include the following amendment:

Amend the Planning/Environmental Considerations section of the Officers’ report to read "the dwellings’ rear elevation is located over 20 metres from the main two storey side gable elevation of the nearest property to the south west, No 7 Brook Rise".

Item 13: 07/1602/F - 1 Darwin Gardens, Shrewsbury

Include the following amendment:

Amend the Planning/Environmental Considerations section of the Officers’ report to read "the Council’s Tree and Landscape Officer raises no objection to the proposal".

The Development Control and Environmental Protection Committee determined that the applicant be requested to delete the pedestrian access in the wall. If the applicant is not in agreement, a condition will be included stating that an access cannot be inserted.

Reason: To preserve the character and appearance of the conservation area.

Item 14: 07/1636/F - Land to rear of 60 Moreton Crescent, Shrewsbury

Include the following condition:

No above ground works shall be commenced until details of a boundary wall and entrance gate along Egland Lane are submitted to and agreed in writing with the Local Planning Authority. The agreed details shall be constructed prior to the occupation of the dwelling.

Reason: To provide a secure entrance yard and reduce the risk of crime.

Item 15: 07/1657/F - Talbot House, Market Street, Shrewsbury

The Development Control and Environmental Protection Committee determined that the application be approved subject to the concerns of the Environmental Health Manager being overcome.

Item 17: 07/1668/F - 34 Cornelia Crescent, Shrewsbury

Include the following amendment:

The scheme had been amended to remove dormer windows and install rooflights and reduce the total number of bedrooms from three to two.

Members of the Development Control and Environmental Protection Committee determined that the application be refused for the following reason:

The development would not respect the context of the site, would be harmful to the amenities of nearby dwellings and be out of character in the streetscene. Contrary to Borough Local Plan Policies GP1 and GP4.

Item 19: 07/1684/F - The Bull Inn, Butcher Row, Shrewsbury

Amend the condition relating to the outdoor pavement seating area hours:

The pavement seating area hereby approved shall not operate outside of the hours 09:00 to 21:30 on any day between 1^st May and 30^th September nor outside of the hours 09:00 to 18:00 on any day between 1^st October and 30^th April.

Reason: In the interests of residential amenity.

Include the following condition:

The outdoor pavement seating area shall have a means of enclosure.

Reason: In the interests of residential amenity.

Item 21: 07/1754/F - Land off Roman Road and rear of 57 Port Hill Road, The Schools, Shrewsbury

Members of the Development Control and Environmental Protection Committee determined that the application be refused for the following reason:

The wall would be visually detrimental to the amenity of neighbouring properties and the character and appearance of the conservation area. Contrary to Borough Local Plan Policies GP1 and HE8.

At 9.30 p.m. (during the consideration of Item 23), the meeting was adjourned. It was agreed that the meeting be reconvened at a later date.

 

10^th January 2008

(The meeting was reconvened at 5.30 p.m. on Thursday, 10^th January 2008)

PRESENT: Councillor Mrs Williams (Chairman)

Councillors Adams, Mrs Brennand, Bushell, Freestone, Jetson, Nutting, Mrs Parsons, Price and Townsend.

Also in Attendance: Councillor Cooke.

Officers in Attendance: Planning Services Manager, Senior Area Planning Officer, Planning Officer (Trees and Landscape), Senior Solicitor and Committee Services Officer.

APOLOGIES FOR ABSENCE: Councillors Mrs Allaway, Bebb, Durnell and Ms Wild.

DECLARATIONS OF INTEREST: The following members declared their personal and/or personal and prejudicial interests in the items shown below:

Member	Minute Number and Matter
Councillor Bushell	Minute 05/08 (Item 23) - Land at Church Road, Uffington, Shrewsbury - Personal and prejudicial interest as the objector was the wife of a work colleague. He left the room and took no part in the consideration of or voting on the application.
Councillor Cooke	Minute 05/08 (Item 25) - Shrewsbury Livestock Market, Battlefield, Shrewsbury - Personal interest as he knew the applicant.
Councillor Jetson	Minute 05/08 (Item 25) - Shrewsbury Livestock Market, Battlefield, Shrewsbury - Personal interest as he knew the applicant.

 

05/08 APPLICATIONS FOR DEVELOPMENT (CONTINUED)

Further to the meeting on Tuesday, 8^th January 2008, the Committee continued to consider the schedule of applications for development submitted by the Planning Services Manager with his recommendations detailed thereon in respect of the following items:

• Item 23 - 07/1703/F - Land at Church Road, Uffington, Shrewsbury;

• Item 24 - 07/1707/O - Land at Wroxeter Roman Vineyard, Wroxeter, Shrewsbury;

• Item 25 - 07/1561/O - Shrewsbury Livestock Market, Battlefield, Shrewsbury; and

• Item 26 - 07/1585/F - Garden of 9 Frinton Close, Shrewsbury.

In addition to the objections and representations detailed on the schedule, the Committee also considered further schedules of additional objections/representations received, copies of which are attached to the signed minutes, which were circulated at Tuesday’s meeting.

The following Member spoke on the application stated:

Member:	Application:
Councillor Cooke	Minute 05/08 (Item 25) - Shrewsbury Livestock Market, Battlefield, Shrewsbury.

(Councillor Townsend was not in attendance for Minute 05/08 (Item 23) in its entirety and took no involvement in the discussion or decision made by the Committee on this item).

RESOLVED:

That, subject to the amendments set out below, the recommendations of the Planning Services Manager, as contained in the Schedule of Applications (a copy of which is attached to the signed minutes), be approved:

Item 25: 07/1561/O - Shrewsbury Livestock Market, Battlefield, Shrewsbury

Members of the Development Control and Environmental Protection Committee recommended that the application be approved for the following reason:

Consolidation of the development on one site is for the benefit of the town centre and will allow the present building to have a more appropriate use in the future.

The Senior Solicitor confirmed that as the Committee was minded to approve the application contrary to Officers’ recommendations, if approved, the application would be a significant departure from the policies of the Development Plan and in accordance with the procedure adopted by Council, the matter would be referred to the Planning Committee for determination.

 

06/08 PLANNING APPEALS

Consideration was given to the appeal decisions by the Planning Inspectorate in respect of the following sites which had been received by the Planning Services Manager.

1. Perry Mount, Mytton, Montford Bridge, Shrewsbury - Appeal against refusal of side extension to dwelling and new access Ref: 06/1595/F - appeal allowed 12^th December 2007.

2. ‘Upland Rise’, Castle Lane, Bayston Hill, Shrewsbury - Appeal against refusal of planning permission for a dwelling in garden of Upland Rise Ref: 07/0132/O - appeal dismissed 12^th December 2007.

3. Old Brewery, Kingsland Road, Shrewsbury - 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 Ref: 07/0487/LB and 07/0486/F - appeals allowed 12^th December 2007.

4. Land at Boreton Farm, Condover - 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) Ref: APP/06/0207/ENF and APP/06/0132/ENF - appeal allowed / enforcement notice quashed / planning permission granted 6^th December 2007.

5. 2a Clarkefields, Bayston Hill, Shrewsbury - Appeal against refusal of planning permission for erection of bungalow Ref: 07/0623/O - appeal dismissed 11^th December 2007.

6. 2 Meole Rise, Shrewsbury - Appeal against refusal of planning permission for change of use from detached property into separate dwelling with new boundary Ref: 06/1675/F - appeal dismissed 17^th December 2007.

7. 7 Grove Lane, Bayston Hill, Shrewsbury - Appeal against refusal of planning permission for erection of bungalow in garden Ref: 06/1566/F - appeal dismissed 13^th December 2007.

8. 27 Bishop Street, Cherry Orchard, Shrewsbury - Appeal against refusal of permission for replacement windows controlled under an Article 4 Direction Ref: 07/0129/F - appeal dismissed 13^th December 2007.

9. Central Hall, Castle Gates, Shrewsbury - Change of use to gentleman’s/exotic dancing club Ref: 07/0328/F - appeal allowed 17^th December 2007.

RESOLVED:

That the decisions in respect of the above appeals be noted.

 

07/08 EXEMPT ITEMS

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.

 

08/08 42 HAVELOCK ROAD, BELLE VUE, SHREWSBURY

Consideration was given to an exempt report of the Planning Services Manager in respect of 42 Havelock Road, Belle Vue, Shrewsbury.

RESOLVED:

That the recommendations as detailed in the exempt report of the Planning Services Manager in respect of 42 Havelock Road, Belle Vue, Shrewsbury be approved.

 

09/08 LAND AT BORETON FARM, CONDOVER, SHREWSBURY

Consideration was given to an exempt report of the Planning Services Manager in respect of Land at Boreton Farm, Condover, Shrewsbury.

RESOLVED:

That the recommendation as detailed in the exempt report of the Planning Services Manager in respect of Land at Boreton Farm, Condover, Shrewsbury be approved.

 

5.30 p.m. - 6.35 p.m.