Update Report for Planning Committee (East): 23 August 2017
Committee Planning Manager: Karen Tate
17/01744/FUL- Pit Stop Café, Stretton-on-Fosse
The applicant has provided a copy of a Counsel’s Opinion following the consideration of the previous application 16/03901/FUL, which gives advice on the likelihood of success on an appeal, including the likelihood of a claim for costs against the Council and the lack of or failure to reference the NPPF and concerning the fall-back position in the Officer’s report i.e. what development can be carried out without the need for applying formally for planning permission beforehand.The submission of the Counsel’s opinion does not change the Officer Recommendation or the way that the application was determined. It gives the applicant and agent a way forward should an appeal be submitted.
The Counsel’s opinion is now can be viewed on the Council’s website under this planning application.
The Officer Report for the current application includes a section on the fall-back position and the report also refers to various sections of the NPPF. Given the Core Strategy is in compliance with the NPPF there is not always a need to make reference to it in reports.
16/01938/FUL - Bargain Booze, 12 Warwick Road, Wellesbourne
Consultation Responses
2 additional letters were received in response to the application from a third party including a letter from a solicitor and Mortgage Adviser. Planning reasons relate to:
- Noise and disturbance;
- Fumes and odour; and
- Parking concerns
1 Letter from the Applicant’s Agent has also been received. Details relate to rights of access and property in response to matters raised by Third Parties, listed above.
17/01111/FUL- Land South Of Gilletts Lane, Upper Brailes
Updated Housing figures. Page 46, 7th para down on the report should read:
“The most recent publication of housing commitments within the District, published in August 2017, and based upon data to between April 2011 and 31 March 2017, shows that 15 additional dwellings have been built in Brailes and planning permission granted for an additional 28 dwellings. This results in a total number of 43 ‘housing commitments’ to date within the Plan Period. So the application would therefore not result in further dwellings in excess of the number of dwellings which the evidence base to the Core Strategy considers the settlement can sustain in the Plan period.”
3 further letters of objection to proposals have been received from local residents concerned about the landscape impact in the Cotswolds AONB and parking provision at the new house and adverse impact on the highways network.
17/01389/FUL- Land OffPriory Lane, Pillerton Priors
Consultation Responses
2 additional Third Party letters received. Planning reasons relate to:
- Draft Built up Area Boundaries and concerns that the site falls outside of these; and
- Housing Numbers and Five Year Housing Land Supply.
Amendments to Officer Report
Further to discussions with the Council’s Planning Policy Team and Solicitor the level of weight afforded to the draft Built Up Area Boundary document has been revised to no weight due to its early stages (including its absence from the public domain and informal consultation status). In this case officer’s consider that the assessment as to whether the site falls within the physical confines of the village should be an assessment taking into account the characteristics of the area and other material considerations.
Revised Plans
Please note that the Site Location Plan within the agenda for this planning application has been updated, for clarity and set out below:
16/01325/FUL- Land To Rear Of The White Hart Public House, Stratford Road,
Newbold-on-Stour
Consultation Responses
Verbal comments from Environmental Health have been receivedwhich relate to the hours of delivery of goods to the Public House. Due to the proximity of the proposed dwellings to the adjacent Public House Environmental Health has suggested that deliveries should be after 9am and before 6pm Monday – Saturday with no deliveries on Sunday. (17.8.2017).
1 Third Party representation from CPRE has been received. Planning matters raised relate to:
- Housing numbers;
- Sustainability; and
- Makes reference to appeal decisions.
Revised conditions and notes:
Updated conditions:
- Hours of delivery to be submitted and approved to the Local Planning Authority.
- Removal of Permitted Development Rights (Classess A, B, C and E)
- The boundary wall to rear of dwellings is recommended to be finished in brick, as identified on the submitted plans.
For reference the Fenny Compton appeal decision referred to on page 77 of the officer report relates to a development for the ‘Outline application for the construction of up to 25 dwellings (35% affordable) with all matters reserved except access’ at Land Off Station Road, Fenny Compton. This development considered under planning application 16/00990/OUT. The appeal decision date for this application was 20 April 2017.
Within the Appeal decision of planning application 16/00990/OUT the Inspector made reference to the development and raised concerns with its accordance with Core Strategy Policy CS.16 (Housing Number), however it is noted that this was weighed within the planning balance along with other material considerations. Whilst this is noted officer’s consider that each application should be assessed on its own merit. The appeal decision for planning application 16/00990/OUT is a material consideration and therefore officers have sought to identify parallels with respect to the Inspectors Assessments within the Committee report.
Reference has been made by a third party representation to the appeal decision of planning application 14/02985/FUL. This application was for ‘Residential development providing 5 new houses’ at Land Off Wyre LaneLong Marston. The appeal decision date for this application was 14 November 2016.
Having considered the contents of the appeal decision for planning application 14/02985/FUL officers note that the Inspector concluded that the proposal would have a detrimental impact on the character and appearance of the area contrary to Core Strategy Policies CS.9 and CS.5. Whilst the Inspector acknowledged that the development would represent ‘small scale’ development within the physical confines of the settlement, similar to the proposed development being considered under this application, due to the characteristics of the site it was considered by the Inspector that the site would not be a suitable site with regards to Policy CS.15.
Whilst the Inspector identifies that with respect to Policy CS.16 the housing numbers for the settlement were exceeded it was considered that notwithstanding this, in line with paragraph 49 of the NPPF, each development should be considered within the context of sustainable development including the three pillars (social, economic and environmental factors).
In line with the above, it is considered that, whilst a material consideration, the development being considered at Fenny Compton, under this planning application, in officer’s view, is materially different in so far as different constraints relating to the site, number of dwellings proposed, application site context and different settlement. Less weight is therefore afforded to the appeal decision of planning application 14/02985/FUL by officers on this basis.
Housing Numbers
Please note that the number of dwellings built and committed within the Category 3 Local Service Villages has been revised to 429 as of the 22nd August 2017 rather than 389 set out on page 77 of the officer report.
For completeness Policy CS.16 identifies that approximately 2000 new homes is a strategic allocation for Local Service Villages, as a whole, with the full details regarding Category 3 Local Service Villages set out within the officer’s report on pages 76 and 77.