Agenda and minutes

To receive any apologies or substitutions for the meeting.

Apologies were received from Councillor Stewart Dobson, substituted at the meeting by Councillor Anna Cuthbert, and from Councillor Jerry Kunkler.

To approve and sign as a correct record the minutes of the meeting held on 4 August 2016.

The minutes of the meeting held on 4 August 2016 were presented for consideration and it was,

Resolved

To approve and sign as a correct record the minutes of the previous meeting held on 4 August 2016.

To receive any declarations of disclosable interests or dispensations granted by the Standards Committee.

There were no declarations of interest made.

To receive any announcements through the Chair.

There were no announcements made at the meeting.

The Council welcomes contributions from members of the public.

Statements

Members of the public who wish to speak either in favour or against an application or any other item on this agenda are asked to register in person no later than 5.50pm on the day of the meeting.

The Chairman will allow up to 3 speakers in favour and up to 3 speakers against an application and up to 3 speakers on any other item on this agenda. Each speaker will be given up to 3 minutes and invited to speak immediately prior to the item being considered. The rules on public participation in respect of planning applications are detailed in the Council’s Planning Code of Good Practice.

Questions

To receive any questions from members of the public or members of the Council received in accordance with the constitution which excludes, in particular, questions on non-determined planning applications. Those wishing to ask questions are required to give notice of any such questions in writing to the officer named on the front of this agenda no later than 5pm on 8 September 2016 in order to be guaranteed of a written response or no later than 5pm on 12 September for a verbal response..  Please contact the officer named on the front of this agenda for further advice. Questions may be asked without notice if the Chairman decides that the matter is urgent.

Details of any questions received will be circulated to Committee members prior to the meeting and made available at the meeting and on the Council’s website.

The rules on public participation were noted.

To receive details of completed and pending appeals and other updates as appropriate.

The Appeals update for the period between 28 April and 7 September 2016 was received.

Resolved

That the Planning Appeals and Updates report be noted.

To consider and determine the following planning applications.

The meeting considered the following application:

Patricia Alsop, Mark Alsop and Mark Cann spoke in objection to the application.

Damian Thursby, Helen James and Rachel Yeomans, agent for the applicant spoke in support of the application

Cllr Peter Small, Chairman, spoke on behalf of Patney Parish Council.

Jonathon James, Senior Planning Officer, and Mike Wilmott, Head Development Management, presented the report which recommended that permission be refused.

There were no additional later items or observations.

Key issues included: the position of the site within the Area of Natural Beauty (AONB), and the position in relation to open land and nearby listed buildings; the access to the site from the highway; the possible impact of earthworks associated with the development; the design and materials to be used in the proposal; how the proposal has been designed to meet the needs of a child with significant additional needs; the impact of the proposals on the AONB and the character of the local area; that the family’s circumstances were  a primary consideration but did not, in the officer’s opinion, outweigh the potential harm caused by the proposed development; how the requirements of human rights legislation interfaced with planning law; that these interests were a primary consideration but not necessarily determinative in planning matters; the views of the local people and consultees; and that the committee had to weigh up the  issues and make a balanced judgement.

Members of the Committee then had the opportunity to ask technical questions of the officer.

Members of the public then had the opportunity to address the Committee with their views, as detailed above.

Cllr Philip Whitehead, Division Councillor for the applicants, spoke with regard to the application.

A motion to refuse the application in line with the officer’s recommendation was moved by Councillor Charles Howard seconded by Councillor Paul Oatway QPM.

The Committee then debated the application. It was discussed: how best to reach a balanced decision; the planning history on the site, and the previously refused application; the views of the local people and the parish council; the implications of the Core Strategy; and the needs of the children and the family.

Having been put to the vote, the motion to refuse the application was lost.

Subsequently, a motion to permit the application was moved by Councillor Richard Gamble seconded by Councillor Anna Cuthbert.

The committee, upon the advice of officers, discussed what conditions may be appropriate should permission be granted. It was agreed that officers should be delegated responsibility to grant permission subject to the standard conditions to also include an additional condition restricting the occupancy of the development to the child and their family for a period of five years.

Having been put to the vote, the meeting;

Resolved

To Delegate Approval to the Head of Development Management subject to the conditions as outlined at the meeting, and with the addition of a condition restricting the occupancy of the development to the child and their family for a period of five years. The conditions subsequently imposed are set  ...  view the full minutes text for item 52.

Any other items of business which, in the opinion of the Chairman, should be taken as a matter of urgency 

There were no urgent items.