Agenda and minutes

To approve as a correct record the minutes of the meeting of the Committee held on 19 September 2013.

RESOLVED that the minutes of the Committee meeting held on 19 September 2013 be agreed as a correct record and signed by the chairman.

Any Member with a Disclosable Pecuniary Interest or an Affected Interest in a matter should withdraw from the meeting when the matter is under consideration and should notify the Democratic Services Officer in attendance that they are withdrawing as they have such an interest. If the Interest is not entered on the register of Members interests the Monitoring Officer must be notified of the interest within 28 days.

There were no declarations of interest.

Any other items which, pursuant to Section 100B(4)(b) of the Local Government Act 1972, the Chairman decides are urgent.

There were no urgent items of business.

Change of use of existing agricultural barn to form 1 no. 4 bed detached dwelling and erection of detached garage following demolition of existing derelict buildings.

Change of use of existing agricultural barn to form 1 no. 6 bed detached dwelling and erection of detached garage following demolition of existing derelict buildings.

The Committee noted:

• The supplementary report of the Head of Development Management tabled at the meeting.
• The comments of Warfield Parish Council.
• Two letters of support and four letters of objection which raise the following issues; the proposal is contrary to green belt policy, the proposal is not in keeping with the character and appearance of the area and there is a S106 on the land. Letters of support state that the proposal would enhance and open up the green belt and enhance visual amenity.

Members noted that the proposed development fell within the Green Belt and considered the implications of this carefully and whether the proposed use of the land for residential purposes fell into the category of warranting very special circumstances.

It was RESOLVED that;

Following the completion of planning obligation(s) under Section 106 of the Town and Country Planning Act 1990 relating to:-

01. Open space         

      Primary Education           

      Paddock restoration prior to occupation of the dwelling

That the Head of Development Management be authorised to APPROVE the application subject to the following condition(s):-

01.     The development hereby permitted shall be begun before the expiration of three years from the date of this permission.  

          REASON:  To comply with Section 91 of the Town and Country Planning Act 1990.   

02.     The development hereby permitted shall be carried out only in accordance with the following approved plans received by the Local Planning Authority on :

Drg no 1447/P/06B received by LPA 26.06.2013           

Drg no 1447/P/07 received by LPA 06.03.2013

Drg no 1447/P/08 received by LPA 06.03.2013

Drg no 1447/P/09 received by LPA 06.03.2013

Drg no 1447/P/10 received by LPA 06.03.2013

Drg no 1447/P/11A received by LPA 11.06.2013

Drg no 1447/P/12 received by LPA 06.03.2013

Drg no 1447/P/13A received by LPA 11.06.2013

Drg no 1447/P/14 received by LPA 06.03.2013

REASON: To ensure that the development is carried out only as approved      by the Local Planning Authority.

03.     Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that order with or without modification) no enlargement, addition, improvement or other alteration permitted by Classes A, B, C and D of Part 1 of the Second Schedule of the 1995 Order shall be carried out.   

          REASON: The site is located outside of a settlement where strict controls over the form, scale and nature of development apply.      

          [Relevant Policies: BFBLP EN9, Core Strategy DPD CS9]

04.     The development shall not be begun until a Sustainability Statement demonstrating how the development meets current best practice standards in the sustainable use of natural resources has been submitted to and approved in writing by the Local Planning Authority. The Statement shall include either a Design Stage Report and BRE Interim Certificate or a pre-assessment estimator carried out by an independent assessor licensed by the Building Research Establishment demonstrating that the development  ...  view the full minutes text for item 55.

Section 73 application for change of use of shop unit (class A1 use) to nursery school (class D1 use) with associated car parking and outdoor play area and installation of new window on south elevation at ground floor level without compliance with condition 04 of planning permission 621684 which states 'The hours of operation shall be restricted from 09.00 to 12.00 and 12.30 to 15.30 (including 15 minutes at the start and end of each session for the dropping off and collection of children as set out in the application form) Monday to Friday during normal Berkshire school terms and at no other times whatsoever'. (For clarification: this application is to remove the condition restricting the hours of operation of the nursery school).

Section 73 application for change of use of shop unit (class A1 use) to nursery school (class D1 use) with associated car parking and outdoor play area and installation of new window on south elevation at ground floor level without compliance with condition 04 of planning permission 621684 which states 'The hours of operation shall be restricted from 09.00 to 12.00 and 12.30 to 15.30 (including 15 minutes at the start and end of each session for the dropping off and collection of children as set out in the application form) Monday to Friday during normal Berkshire school terms and at no other times whatsoever'. (For clarification: this application is to remove the condition restricting the hours of operation of the nursery school).

The Committee noted:

• The supplementary report of the Head of Development Management tabled at the meeting.
• The comments of Warfield Parish Council.
• 12 letters of objection which raise the following issues; the proposal will lead to increased noise and disturbance to neighbouring properties, concerns around parking and increased traffic. The nursery has already been operating outside of its permitted hours.

Members noted concerns around increased traffic and road congestion and considered carefully the impact on local residents as a result of extended hours of operation of the nursery and use of the nursery outside term time. Members also noted that the application for extended hours of operation was for a period of 12 months.

A motion to defer the application to allow officers to go back to the applicant to explore the possibility of term time operation only was moved and seconded. On being put to the vote the motion was LOST. 

An alternative motion to approve the recommendations of the Head of Development Management as set out in the report and on the supplementary report was moved and seconded. On being put to the vote the motion was LOST.

An alternative motion to refuse the application was moved by Councillor Leake and seconded by Councillor Dudley, on being put to the vote the motion was CARRIED.

It was RESOLVED that the application be REFUSED for the following reasons:

Reasons for refusal to be drafted in full by officers, in consultation with Councillor Leake and Councillor Dudley but to include that the proposed extension of hours and use of premises outside term time would lead to a loss of amenity to nearby residents due to increased disturbance from traffic movements and activity.

Erection of 2 no. three bedroom semi-detached dwellings following demolition of existing dwelling and outbuildings.

Erection of 2 no. three bedroom semi-detached dwellings following demolition of existing dwelling and outbuildings.

A site visit had been held on Saturday 12 October 2013 which had been attended by Councillors Davison, Dudley and Thompson.

The Committee noted:

• The supplementary report of the Head of Development Management tabled at the meeting.
• The comments of Winkfield Parish Council.
• Eight letters of objection which raise the following issues; the proposal will impact on biodiversity, there is inadequate parking provided, loss of daylight and privacy to neighbouring properties. The proposal will have a detrimental impact on the character and appearance of the area.

It was RESOLVED that;

Following the completion of planning obligation(s) under Section 106 of the Town and Country Planning Act 1990 relating to:-

Transportation

Open Space

Thames Basin Heath SPA

That the Head of Development Management be authorised to APPROVE the application subject to the following condition(s):-

01.     The development hereby permitted shall be begun before the expiration of three years from the date of this permission.  

          REASON:  To comply with Section 91 of the Town and Country Planning Act 1990.

02.     The development hereby permitted shall be carried out only in accordance with the following plans: 

          Drg no 13-P859-CP received by Local Planning Authority 29.07.2013  

          Drg no 13-P859-LP received by Local Planning Authority 29.07.2013  

          Drg no 13-P859-01 received by Local Planning Authority 29.07.2013   

          Drg no 13-P859-02 received by Local Planning Authority 29.07.2013   

          Drg no 13-P859-03 received by Local Planning Authority 29.07.2013   

          REASON: To ensure that the development is carried out only as approved by the Local Planning Authority.

03.     No development shall take place until samples of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details.     

          REASON: In the interests of the visual amenities of the area.   

          [Relevant Plans and Policies: BFBLP EN20, CSDPD CS7]

04.     The development shall not be begun until a Sustainability Statement demonstrating how the development meets current best practice standards in the sustainable use of natural resources has been submitted to and approved in writing by the Local Planning Authority.  The Statement shall include either a Design Stage Report and BRE Interim Certificate or a pre-assessment estimator carried out by an independent assessor licensed by the Building Research Establishment demonstrating that the development meets a minimum standard of Level 3 of the Code for Sustainable Homes or a "Very Good" or "Excellent" BREEAM rating.  The development shall be implemented in accordance with the Sustainability Statement and shall be retained in accordance therewith.          

          REASON: In the interests of sustainability and the efficient use of resources.

          [Relevant Policy: Core Strategy DPD CS10]

05.     The development shall not be occupied until a Post Construction Review Report carried out by an independent assessor licensed by the Building Research Establishment and a Final Code Certificate has been submitted to the Local Planning Authority which demonstrates  ...  view the full minutes text for item 57.