Agenda and minutes

Planning Applications Committee
Thursday, 22nd November, 2018 2.00 pm

Venue: Council Chamber, Moorlands House, Stockwell Street, Leek, ST13 6HQ

Contact: Pat Trafford. 01538 395551  Email: pat.trafford@staffsmoorlands.gov.uk

Webcast: View the webcast

Items
No. Item

81.

Chair's announcements

a)    Webcasting;

b)    Introductions of Members and Officers;

c)    Other announcements.

Additional documents:

Minutes:

a)    The Chair confirmed that the meeting was being broadcast live to the internet and was capable of repeated viewing. The images and sound recording could be used for training purposes within the Council. The Chair had the discretion to terminate or suspend filming if it was his opinion that continuing to do so would prejudice the proceedings of the meeting. It was likely that recording cameras would capture the image of persons seated in the public gallery and that image would become part of the broadcast. Any views expressed by any speaker in the meeting were the speaker’s own and did not necessarily reflect the views of Staffordshire Moorlands District Council. Technical difficulties were being experienced, meaning that some camera views were ‘distant’ due to 2 of the 3 cameras malfunctioning. Public speakers were sat in different positions than normal as a result.

b)    Members of the Committee and Officers present were introduced by the Chair.

c)    Agenda Item 7 (SMD/2017/0722 – Land at Blythe Park, Sandon Road, Cresswell) was to be heard after Agenda Items 8 and 9 in order to better accommodate the registered speakers.

 

82.

Minutes of the previous meeting pdf icon PDF 92 KB

(a)  To approve as a correct record the Public Minutes of the Planning Applications Committee held on 25th October 2018

 

            (b)     Reports on matters arising, if any.

 

Additional documents:

Minutes:

Councillor Pearce confirmed that in Minute 73 (Declarations of Interest) his Disclosable Pecuniary Interest was recorded against Agenda Item 9 (SMD/2018/0371 – The Woodlands, Leek Road, Leekbrook) instead of Agenda Item 10 (SMD/2018/0499 – Leek Cattle Market, Junction Road, Leek). “Other” interests for all members present at the meeting were omitted from Agenda Item 10.

 

RESOLVED – That, subject to the above amendments, the Public Minutes of the Planning Applications Committee held on 25 October 2018 be approved as a correct record and signed by the Chair.  

83.

Urgent items, if any.

Additional documents:

Minutes:

There were no urgent items.

84.

Declarations of Interest

i. Disclosable Pecuniary Interests;

ii. Other Interests;

iii. Lobbying Interests.

Additional documents:

Minutes:

The following declarations were made at this point:-

 

Agenda Item

Member Declaring Interest

Nature of Interest

Agenda Item 6 – Tree Preservation Order at 10 Curzon Rise, Leek

Cllr. Cawley

“Other” – Met householders previously

Cllrs. Roberts & Lockett

Lobbied – No response issued

Agenda Item 7 – SMD/2017/0722 – Land at Blythe Park, Cresswell

Cllr. Jebb

“Other” – Knows Applicant

Cllr. Pearce

“Other” – Knows speaker

Cllr. Roberts

Lobbied – No response issued

Agenda Item 8 – SMD/2017/0434 –

Land off Thorncliffe Road, Leek

Cllrs. Cawley, Davies, Ellis, Gledhill, Jackson, Jebb, Lea, Lockett, Lucas, Ogden, Pearce, Riley, Roberts & Scalise

“Other” – Know speakers as previous SMDC employee (1) and fellow SMDC Cllrs (2). Also Applicant is a fellow SMDC Cllr.

Cllrs. Cawley, Davies, Ellis, Gledhill, Jackson, Jebb, Lea, Lockett, Lucas, Ogden, Pearce, Riley, Roberts & Scalise

Lobbied – No response issued

Cllr. Lockett

Alleged predetermination– Lead objector had requested that Cllr. Lockett did not take part in this item

Agenda Item 9 – SMD/2018/0174 – Land at Cheddleton Park Avenue, Cheddleton

Cllrs. Cawley, Davies, Ellis, Gledhill, Jackson, Jebb, Lea, Lockett, Lucas, Ogden, Pearce, Riley, Roberts & Scalise

“Other” – Know speakers as fellow SMDC Cllrs. (2)

Cllr. Scalise

“Other” – Ward Cllr.

Cllr. Lockett

“Other” – Knows Applicant

Mrs. Sally Hampton

“Other” – Owns property nearby

Agenda Item 11 – SMD/2018/0455 – Briar Clough, Clay Lake, Endon

Cllr. Jebb

“Other” – Knows objector

Cllr. Lockett

Lobbied – No response issued

Agenda Item 12 – SMD.2018/0410 – Tunstead, Park Lane, Cheddleton

Cllrs. Cawley, Davies, Ellis, Gledhill, Jackson, Jebb, Lea, Lockett, Lucas, Ogden, Pearce, Riley, Roberts & Scalise

“Other” – Know speaker as fellow District Cllr.

 

85.

To consider confirmation of Tree Preservation Order No. SM.307 at 10 Curzon Rise, Leek pdf icon PDF 112 KB

Additional documents:

Minutes:

(Councillor Cawley had declared an “other” interest. Councillors Roberts and Lockett had declared a lobbying interest.)

 

RECEIVED – A representation against the Tree Preservation Order in its entirety from the owner / occupier of 10 Curzon Rise, which was read out by the Legal Advisor.

 

CONSIDERED – TPO No. SM.307 was made as a provisional Order on 26th July 2018, protecting 4 individual trees situated at 10 Curzon Rise. A copy of the provisional TPO plan was attached at Appendix A, and the schedule at Appendix B.

 

Objection to the TPO had been submitted by the property owners; by the owner/occupier of a neighbouring property Ravenscroft, Westwood Park Drive; and by Leek Town Council. These were considered in detail in the report.

 

There were issues which had come to light since the TPO was first made, and which were noted in the tree owners’ grounds of objection, in relation to structural damage to a retaining wall which appeared to be caused by the roots of the Pine tree protected as T2. These issues were considered valid and, on balance, overriding. It was therefore recommended that legal protection over T2 be no longer maintained.

 

Notwithstanding objections in relation to T1, T3 and T4, it is considered that these trees were of significant public amenity value and appropriately protected by TPO. In conclusion it was recommended that TPO No. SM.307 be confirmed, but with modification to omit T2.

 

NOTED -        Late Representations Report (LRR) contained further comments from the owner / occupier of 10 Curzon Rise.

 

RESOLVED -        That Tree Preservation Order (TPO) No. SM.307 be confirmed, but with modification to omit tree T2 (Black Pine) in accordance with the amended plan and schedule  as Appendices C and D to the report respectively

 

(Proposed by Councillor Roberts and seconded by Councillor Jackson.)

 

 

86.

SMD/2017/0434 - Land off Thorncliffe Road, Leek pdf icon PDF 351 KB

Additional documents:

Minutes:

OUTLINE PLANNING APPLICATION  FOR RESIDENTIAL DEVELOPMENT, INCLUDING ACCESS, WITH ALL OTHER MATTERS RESERVED FOR FUTURE APPROVAL FOR LAND DESIGNATION LTD.

(Report recommended Refusal)

 

(Councillor Lockett had declared an alleged predetermination, left the room and took no part in the discussion or vote. All Councillors present had declared “other” and lobbying interests.)

 

RECEIVED – Representations from the undermentioned speakers:-

 

Against the application:

              Mr. Mike Sutcliffe                     -        On behalf of local residents

              Mrs. Karen Barker                    -        Objector

              Mr. Paul Morris                         -        Objector

              Cllr. Darren Price                     -        Ward Councillor

              Cllr. Charlotte Atkins               -        County Councillor           

 

For the application:

              Mr. Joe O’Sullivan                   -        Applicant’s Agent

 

NOTED     -    1.Staffs County Council Highways had withdrawn their objection prior to the meeting. The 2nd Reason For Refusal was withdrawn as a result but the other 2 remained.

 

RESOLVED – That the application be REFUSED for the reasons and based on the policies contained in the report.

 

(Proposed by Councillor Davies and Seconded by Councillor Roberts.)

 

87.

SMD/2018/0174 - Land at Cheddleton Park Avenue, Cheddleton pdf icon PDF 311 KB

Additional documents:

Minutes:

OUTLINE APPLICATION WITH MEANS OF ACCESS FOR RESIDENTIAL DEVELOPMENT OF UP TO 8 DWELLINGS FOR MOORLANDS HOMES (CHEADLE) LTD.

(Report recommended Refusal)

 

(All Councillors present had declared a “other” interests. Mrs Sally Hampton had also declared an “other” interest.)

 

RECEIVED – Representations from the undermentioned speakers:-

 

Against the application:

              Mrs. Kim Gunn                         -        Objector

              Cllr. Mike Bowen                      -        Ward Councillor

              Cllr. Mike Worthington            -        Ward Councillor  

 

For the application:

              Mr. Frank Murray                      -        Applicant

 

NOTED     -    1.LRR contained Conservation Officer comments – unable to support the application. Also Planning Officer added a 2nd Reason For Refusal – harm to heritage assets, Policy DC2. Original Reason For Refusal to include Policy DC3 – protection of local landscape character.

 

                        2. Applicant advised that the lack of a Great Crested Newt report was due to the request for it being received too late for the breeding season.

 

RESOLVED – That the application be REFUSED for the reasons and based on the policies contained in the report

 

(Proposed by Councillor Lockett and Seconded by Councillor Davies.)

 

Councillor Jebb left at this point and did not return.

88.

SMD/2017/0722 - Land At Blythe Park, Sandon Road, Cresswell pdf icon PDF 516 KB

Additional documents:

Minutes:

APPROVAL OF RESERVED MATTERS FOLLOWING OUTLINE PERMISSION SMD/2014/0576 AT PLOT 1 FOR A WAREHOUSE ASSEMBLY UNIT FOR SCENTAREA LTD.

(Report recommended Approval)

 

(Councillors Jebb and Pearce had declared “other” interests. Councillor Roberts had declared a lobbying interest.)

 

RECEIVED – Representations from the undermentioned speakers:-

 

Against the application:

              Mrs. Sheila Wood                    -        Objector     

 

For the application:

              Mr. Howard Clulow                  -        Applicant

 

NOTED     -    1.LRR contained 2 letters against, 1 letter in favour (from Applicant), 1 from SCC Highways with no objections and comments from the Planning Officer.

 

                        2. Additional condition requested to prevent parking on the site access road.

 

                        3. Clarification that the access road would be completed prior to occupation, not commencement of construction. Applicant confirmed that access road construction was to commence at the same time as construction of the warehouse.

 

                        4. Additional condition requested for the building to be finished in green (delegated to officers).

 

RESOLVED – 1 - That the application be APPROVED for the reasons and based on the policies contained in the report, subject to the conditions contained in the report and the additional conditions referred to above.

 

                        2 -  In the event of any changes being needed to the wording of the Committee’s decision (such as to delete, vary or add conditions/informatives/planning obligations or reasons for approval/refusal) prior to the decision being issued, the Operations Manager - Development Services be delegated authority to do so in consultation with the Chairman of the Planning Applications Committee, provided that the changes did not exceed the substantive nature of the Committee’s decision.

 

 

(Proposed by Councillor Lockett and Seconded by Councillor Davies.)

 

89.

SMD/2018/0522 - Land Adjacent to 2 Hillside Avenue, Endon pdf icon PDF 164 KB

Additional documents:

Minutes:

PROPOSED DETACHED DWELLING TO LAND ADJACENT TO 2 HILLSIDE AVENUE, ENDON FOR MR. M. LAWLOR.

(Report recommended Approval)

 

RECEIVED – Representation from the undermentioned speaker:-

 

For the application:

              Mrs. Kim Wilson                       -        Applicant’s Agent

 

NOTED     -    1.Members were thankful that the Applicant had listened to advice given at the outline stage.

 

                        2. Additional condition requested – removal of Permitted Development Rights. Officers confirmed that this was already included at condition 13 of the recommendation.

 

RESOLVED – 1 - That the application be APPROVED for the reasons and based on the policies contained in the report, subject to the conditions contained in the report

 

                            2 - In the event of any changes being needed to the wording of the Committee’s decision (such as to delete, vary or add conditions/informatives/planning obligations or reasons for approval/refusal), prior to the decision being issued the ‘Operations Manager-Development Services’ be delegated authority to do so in consultation with the Chairman of the Planning Applications Committee, provided that the changes did not exceed the substantive nature of the Committee’s decision.

 

(Proposed by Councillor Roberts and Seconded by Councillor Lockett.)

 

90.

SMD/2018/0455 - Briar Clough, Clay Lake, Endon pdf icon PDF 293 KB

Additional documents:

Minutes:

PROPOSED DEMOLITION OF EXISTING DWELLING AND CONSTRUCTION OF 2 NEW DWELLINGS FOR MR. RUSHTON.

(Report recommended Approval)

 

(Councillor Jebb had declared an “other” interest. Councillor Lockett had declared a lobbying interest.)

 

RECEIVED – Representation from the undermentioned speaker:-

 

Against the application:

              Mr. Frederick Goldstraw          -        Objector     

 

NOTED     -    1.LRR contained comments from Applicant’s Agent – pre application advice WAS sought.

 

                        2. Change to Government policy regarding Green Belt meant that this was permitted as limited infil within a village and therefore not inappropriate development in the Green Belt.

 

                        3. Drainage concerns expressed by objector regarding the soakaway, shared by members..

 

It was PROPOSED by Councillor Roberts and SECONDED by Councillor Lockett that the application be REFUSED. Upon being put to the vote, there was a parity of votes. The Chair then used his casting vote to REFUSE the application, contrary to officer recommendation for the reasons / policies stated below:-

 

Reasons / Policies

 

·   Policy DC1 – Inappropriate design

·   Policy DC3 – Harmful to streetscene

 

(Proposed by Councillor Roberts and Seconded by Councillor Lockett.)

 

91.

SMD/2018/0410 - Tunstead, Park Lane, Cheddleton pdf icon PDF 141 KB

Additional documents:

Minutes:

RETROSPECTIVE APPLICATION FOR ERECTION OF 2 SHEDS FOR MR. & MRS. DOCKSEY.

(Report recommended Refusal)

 

(All Councillors present had declared “other” interests.)

 

RECEIVED – Representation from the undermentioned speaker:-

 

For the application:

              Cllr. Mike Worthington            -        Ward Councillor

Mrs. Karen Docksey had registered to speak in favour but, in the event, declined to speak.

 

NOTED     -    1.Retrospective application brought about by enforcement action.

 

                        2. Confirmed that the whole site was washed over by the Green Belt. Clarification regarding curtilage of the property.

 

It was PROPOSED by Councillor Lockett and SECONDED by Councillor Roberts that, contrary to officer recommendation, the application be APPROVED. Upon being put to the vote, the motion was LOST.

 

RESOLVED – That the application be REFUSED for the reasons and based on the policies contained in the report

 

(Proposed by Councillor Gledhill and Seconded by Councillor Jackson.)

 

Councillor Lea left at this point and did not return.

92.

Appeals Report pdf icon PDF 110 KB

Additional documents:

Minutes:

Ben Haywood presented a report showing:-

 

·         Appeals submitted – 3

·         Appeal decisions received – 6, detailed as follows:-

Reference

Address

Decision Date

Recommendation

Decision

Appeal Decision

SMD/2018/0236

Well Lane, Gillow Heath

Delegated – 14/06/2018

Refuse

Refused

18/9/2018 - Dismissed

SMD/2017/0516

Highfield House, Longsdon

Delegated – 06/09/2017

Refuse

Refused

20/09/2018 – Dismissed

SMD/2018/0183

12 Kent Drive, Endon

Delegated – 23/05/2018

Refuse

Refused

03/10/2018 - Dismissed

SMD/2017/0268

1 Royal Cottages, Biddulph Common

Delegated – 24/11/2017

Refuse

Refused

16/10/2018 – Dismissed

DET/2018/0002

Hayes Gate Farm, Oakamoor

Delegated – 15/03/2018

Refuse

Refused

Allowed

SMD/2017/0694

High View, Longsdon

Delegated – 11/01/2018

Refuse

Refused

Dismissed

 

The LRR contained 2 corrections to the details quoted in the report –

 

1.    Ref. SMD/2017/0694 – Summary description in the report read “Change of use of an agricultural building to a dwellinghouse (Class C3)” and was corrected to “Outline for a single dwelling in the Green Belt”.

2.    Ref. DET/2018/0002 – Appeal decision read “Dismissed” and was corrected to “Allowed”.

 

RESOLVED – That the report be NOTED.

93.

Discounted For Sale Affordable Housing pdf icon PDF 84 KB

Additional documents:

Minutes:

Ben Haywood presented the report following a previous request from members for clarification with regard to the use of ‘discounted for sale’ housing as part of the affordable provision in new residential developments.

 

In June 2018, the Council submitted the Local Plan to the Secretary of State for examination, which was now under way and stated “Unless circumstances dictate otherwise and in agreement with the Council, 60% of all affordable dwellings provided on each site will be social / affordable  rented housing with the remaining 40% being intermediate / starter homes.” Ben confirmed that the evidence base for the Local Plan supported the 60/40 split.

 

Responding to a member query, the Legal Advisor confirmed that legislation was not yet in force with regard to 20% discount.

 

RESOLVED – That the report be NOTED.

94.

Exclusion of the Press and Public

The Chair to move:-

 

 “That pursuant to Section 100A (2) and (4) of the Local Government Act, 1972, the public be excluded from the meeting in view of the nature of the business to be transacted or nature of the proceedings whereby it is likely that exempt information as defined in Section 100A (3) of the Act would be disclosed to the public in breach of the obligation of confidence or exempt information as defined in Section 100I (1) of Part 1 of Schedule 12A of the Act would be disclosed to the public by virtue of the paragraphs indicated.”

Additional documents:

Minutes:

“That pursuant to Section 100A (2) and (4) of the Local Government Act, 1972,the public be excluded from the meeting in view of the nature of the business to be transacted or nature of the proceedings whereby it is likely that exempt information as defined in Section 100A (3) of the Act would be disclosed to the public in breach of the obligation of confidence or exempt information as defined in Section 100I (1) of Part 1 of Schedule 12A of the Act would be disclosed to the public by virtue of the paragraphs indicated.”

95.

To approve as a correct record the Exempt Minutes of the last meeting

Minutes:

Members considered the exempt minutes of the meeting of the Planning Applications Committee held on 25 October 2018.

96.

Performance on Planning Enforcement

Minutes:

Members were advised on a number of ongoing and closed planning enforcement cases.