Agenda and minutes

The Chairperson welcomed everyone present and went over some general housekeeping arrangements for the meeting.

Apologies for absence were received from Councillors R G Pratt and U C G Siddall-Norman.

To confirm the Minutes of the meeting of the Committee held on 25 May 2023, (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 25 June 2023 be approved and confirmed.

To disclose the existence and nature of any Disclosable Pecuniary Interests, Other Registrable interests and Non-Registrable Interests relating to items of business on the agenda having regard to paragraph 9 and Appendix B of the Code of Conduct for Members.

(Members are reminded that they are also required to disclose any such interests as soon as they become aware should the need arise throughout the meeting).

Councillor V J Bell disclosed that all members of the committee knew the Applicant for agenda item 6 - 23/00076/FUL - Land North West of Riversleigh, Nipsells Chase, Mayland.

Councillors L J Haywood and A S Fluker disclosed that they knew the applicants for agenda item 6 - 23/00076/FUL - Land North West of Riversleigh, Nipsells Chase, Mayland.

To consider the report of the Director of Service Delivery, (copy enclosed, Members’ Update to be circulated)*.

Following the Officers presentation, the Applicant, Mr Gould, addressed the committee.

Councillor A S Fluker proposed to approve the application in accordance with the Officer’s recommendation and this was duly seconded. The Chairperson put the proposal to the committee and this was agreed by assent.

RESOLVED that the application be APPROVED subject to the following conditions:

1.         The development shall be carried out in accordance with plans and particulars relating to the appearance, landscaping, layout and scale of the site (hereinafter called “the reserved matters”), for which approval shall be obtained from the Local Planning Authority in accordance with the details as approved.

2.         Application (s) for the approval of reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

3.         The development hereby permitted shall be begun within two years from the date of the final approval of the reserved matters. The development shall be carried out as approved.

4.         The development shall be carried out in accordance with drawing 03 Revision 6 as far as it relates to the access of the site.

5.         No works above ground level shall take place until written details of the proposed materials to be used in the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out using the materials and details as approved.

6.         The scheme to be submitted pursuant to the reserved matters shall make provision for car parking standards within the site in accordance with the Council’s adopted Vehicle Parking Standards Supplementary Planning Document (2018). Prior to the occupation of the development the parking areas shall be constructed, surfaced, laid out and made available for such purposes in accordance with the approved scheme and retained as such thereafter.

7.         The landscaping details referred to in Condition no.1 shall provide full details and specifications of both hard and soft landscaping works which shall be submitted to and approved in writing by the Local Planning Authority. Such details shall be submitted concurrently with the other reserved matters. These landscaping details shall include the layout of the hard landscaped areas with the materials and finishes to be used, together with details of the means of enclosure (fencing and boundaries), car parking layout, vehicle and pedestrian accesses. The details of the soft landscape works shall include  ...  view the full minutes text for item 127.

RESOLVED that the meeting be adjourned at 7:44pm due to technical difficulties.

RESOLVED that the business of the meeting resumed in open session at 8:08 pm.

To consider the report of the Director of Service Delivery, (copy enclosed, Members’ Update to be circulated)*.

It was noted from the Members’ Update that since the meeting of the South Eastern Area Planning Committee held on 23May 2023 at which this application was deferred, the Council has issued an Enforcement Notice against the breach set out within the Committee Report, which was served on 15June 2023.

Following the Officers presentation, the Legal Agent, Mr Whale, address the Committee. The Chairperson then opened the debate.

Councillor W J Laybourn raised concerns with the Officer’s report, stating it was one sided, disproportionate, the case law was unrelated to the case, questioned the enforcement investigation and the harm, and agreed with the representative of the applicants. Councillor Laybourn then proposed to approve the application contrary to Officer’s recommendation, this was seconded by Councillor W Stamp.

A lengthy debate ensued around the current use of the building including comments from Councillors A S Fluker, T Fittock and M G Bassenger raising concerns over the proposal. Cllr Stamp highlighted documentation relating to food standards for the care and storage of apples and was concerned over proposed enforcement action. The Head of Development Management stated the evidence and legal position as set out in the officer’s report, demonstrated that the development had not been built in accordance with the approved scheme and as such. the change of use could not be approved as a lawful decision if members were minded to approve the application contrary to Officers recommendation. Members subsequently aired concerns around the implications for the Council of such a decision if this application progressed without a legal advisor being present.

Councillor Fluker raised further concerns over Officers not being aware of letters that had been sent to Members only, alleging the use of the building as an apple store. He then proposed that the application be deferred to the next meeting of the District Planning Committee on 11 July 2023, to ensure that the Council would have a legal advisor present, this was seconded by Councillor M G Neall.

The Chairperson considered the proposal from Councillor Fluker and thought it would be the most pragmatic approach going forward and asked if Councillor Laybourn would consider withdrawing her proposal to allow proposal of Councillor Fluker to be put to Members. Councillor Laybourn then withdrew her proposal.

The Chairperson put the proposal of Councillor Fluker to the Committee and this was agreed by assent.

RESOLVED that the application be DEFERRED until the next meeting of the District Planning Committee to be held on 11 July 2023.