Agenda and minutes

Planning Committee - Tuesday, 26th July, 2022 2.00 pm

Venue: Council Chamber

Contact: Alan Maher  01246 217391

Items
No. Item

PLA/20/22-23

Apologies for Absence and Substitutions

To receive any apologies for absence and notices of substitutions from Members.

Minutes:

Apologies for absence were received from Councillor W Armitage, who was substituted by Councillor P Antcliff. Apologies for absence were also received by Councillor L Hartshorne.

PLA/21/22-23

Declarations of Interest

Members are requested to declare the existence and nature of any disclosable pecuniary interests and/or other interests, not already on their register of interests, in any item on the agenda and withdraw from the meeting at the appropriate time.

Minutes:

There were no Declarations of Interest.

PLA/22/22-23

Minutes of the Last Meeting pdf icon PDF 247 KB

To approve as a correct record and the Chair to sign the Minutes of the Planning Committee held on Tuesday 28 June 2022.  

Minutes:

The minutes of the meeting held on Tuesday 26 July 2022 were approved as a true record.

PLA/23/22-23

NED/22/00519/FL - CLAY CROSS pdf icon PDF 665 KB

Change of use of a commercial unit to a Pet Crematorium (sui generis use), with associated flue, warehousing and offices on land at 2E-2F Church View, Clay Cross. (Revised scheme of Application NED/22/00195/FL)

 

(Planning Manager – Development Management)

Minutes:

The report to Committee explained that an Application had been submitted for the change of use of a commercial unit at the Church View Business Park, Clay Cross, into a pet crematorium (sui generis use). The Application also included an associated flue, warehousing and offices.  This was a revised scheme of application 22/00195/FL, for which planning permission had not been granted. It had been referred to Committee by Councillor R Shipman, who had raised issues about it.

 

Planning Committee was recommended to refuse the Application.  The report to Committee explained the reasons for this.

 

Members were reminded that the site was located in the Church View Business Park, which formed part of the Coney Green ‘Principal Employment Area’. These areas had been designated across the District for general industry, storage and distribution, light industrial and research and development purposes. Through the Local Plan, the Council sought to prevent them being used for other activities. These other activities, it was explained, should only be allowed if they were ancillary to the main use of the site and if they would not prejudice its future functioning or the viability of employment use on the site or nearby employment sites.

 

Officers had concluded that the proposed pet crematorium would not fall into one of these industrial categories or be an ancillary activity. Consequently, locating the facility on the site would be an inappropriate use. In particular, they were concerned about the impact which the facility would have on the rest of the Business Park and whether it might discourage other suitable industrial users from locating or remaining there.

 

Before the Committee discussed the Application those registered to speak were asked to address the Committee. R Slack, the Applicant and C Stainton, the Agent for the Application, spoke in support of it. No one had registered to speak against the Application.

 

Planning Committee considered the Application. It took into account the relevant Planning Issues, including the Principle of Development and the location of the site within the defined settlement limit for Clay Cross. Committee considered the status of the Church View Business Park as part of the Coney Green Principal Employment Area. It took into account Local Plan Policy WC2, which sets out the Council’s approach to protecting Principal Employment Areas for use for ‘Class B’ development, such as general industrial use (Use Class B2), storage and distribution uses (Use Class B8), and office, light industrial and research and development uses (Use Class E(g), only. It also considered Local Plan Policy WC3, which covers other commercial uses.

 

Members discussed the report. They heard about the scope of the business, the likely volume of cremations it would undertake and the processes involved, including the emissions of heat and other by-products. Members considered existing industrial uses within the business park and whether these fell into the categories covered by ‘Class B’. They also discussed how they differed from uses on neighbouring, but separate, sites, which had not been designated as Principal Employment Areas.

 

Some Members queried  ...  view the full minutes text for item PLA/23/22-23

PLA/24/22-23

NED/22/00508/FL - HIGHAM pdf icon PDF 636 KB

Section 73 Application to remove condition 12 (removal of permitted development), pursuant to Application NED/97/00521/FL at The Barn, Corner Farm, Main Road, Higham.

 

(Planning Manager – Development Management)

 

Minutes:

The report to Committee explained that an Application had been submitted to remove Condition 12 (Removal of Permitted Development), pursuant to 97/00521/FL at The Barn Corner Farm, Main Road, in Higham. The Application had been referred to Committee by Councillor R Shipman, who had raised concerns about it.

 

Planning Committee was recommended to refuse the Application.  The report to Committee explained the reasons for this.

 

Members were informed that the property had been designated as a Heritage Asset. They were advised that the Condition had allowed the Council, as Local Planning Authority, to consider and if necessary prevent developments that would have an adverse impact on it. Officers felt that that this Condition protected the Heritage Asset, that it continued to be reasonable and that it should be retained. The report also pointed out that the Condition was in line with the National Planning Policy Framework (NPPF) and the relevant Local Plan Policies.

 

Before the Committee discussed the Application the Applicant, F Cropper, spoke in support of it. No one had registered to speak against the Application.

 

Committee considered the Application. It took into account the relevant Planning Issues. These included the Principle of Development, which had been accepted with the grant of planning permission under Planning Reference 97/00521/FL. Committee considered the location of the property within the Settlement Development Limits (SDL) for Higham. It took into account Local Plan Policies SS1 and SDC5, which seek to ensure that any proposals protect the character, quality and setting of towns and villages and heritage assets. Committee considered Local Plan Policies SS7 and SDC12, which seek to ensure that proposals are appropriate in scale, design and location and are in keeping with the surrounding area.

 

Members discussed the Application. They reflected on the location in a Conservation Area and on what impact inappropriate developments at the property might have.  They noted that applications for planning permission to carry out specific developments would still be required, even if Condition 12, Removal of Permitted Development, was rescinded, so that inappropriate changes could be prevented. 

 

At the conclusion of the discussion, Councillor D Ruff and Councillor A Powell moved and seconded a motion to approve officer recommendations and to reject the Application. The motion was put to the vote and was approved.

 

RESOLVED

 

That the Application be refused, in line with officer recommendations.

 

 

 

 

Reasons

 

The removal of the permitted development rights described under condition 12 of planning permission NED/97/00521/FL relates to a former barn and workshop which has been converted to a residential dwelling.  The building lies within the Higham Conservation Area and is part of a former traditional farmstead, which forms part of the historic environment, and is considered to be of significance within the Higham Conservation Area.

 

The removal of the permitted development rights remain justified in order for the Local Planning Authority to retain control of any additions to the building ensuring the continuing protection of the historic character of this former farm building and its setting within the Conservation Area. To  ...  view the full minutes text for item PLA/24/22-23

PLA/25/22-23

Planning Appeals - Lodged and Determined pdf icon PDF 252 KB

(Planning Manager – Development Management)

Minutes:

Committee that two appeals had been lodged, one appeal had been allowed and one appeal had been refused. Members asked and received clarification on specific aspects of the appeals.

 

PLA/26/22-23

Matters of Urgency

To consider any other matter which the Chair is of the opinion should be considered as a matter of urgency.

Minutes:

None