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Agenda and minutes

Venue: Council Chamber, Capswood, Oxford Road, Denham

Contact: Democratic Services 

Items
No. Item

56.

Minutes pdf icon PDF 82 KB

To confirm the minutes of the meeting held on 10 February 2016.

Minutes:

The minutes of the meeting held on 10 February 2016 were confirmed and signed by the Chairman.

 

57.

Applications and Plans pdf icon PDF 47 KB

(a)             To consider the reports of the Head of Sustainable Development (as attached - if any) under

Part A - Committee decision required following a site visit and/or public speaking

Part B - Committee decision required without a site visit or public speaking

Part C - Committee observations required on applications to other Authorities

 

(b)            To receive FOR INFORMATION a list of applications already determined under delegated powers by the Head of Sustainable Development – Part D

Additional documents:

Minutes:

Key to the following decisions:

 

ADV - Consent to Display Adverts; ARM - Approval of Reserved Matters; CI - Certificate of Lawfulness Issued; CON - Conservation Area Consent; D - Deferred; D (INF) - Deferred for Further Information; D (SV) - Deferred for Site Visits; D (PO) - Deferred for Planning Obligation; D (NEG) - Deferred for Negotia­tions; FCG - Consent for Tree Work; PCR TPO Part Consent/Part Refusal; LBC - Listed Building Consent; OP - Outline Planning Permission;  P - Application Permitted; R - Refused or Rejected;  R (AO) – Refused against Officer recommendation;  RC - Removal of Condition;  TC - Temporary Consent; TP - Temporary Permission;  ULBC - Unconditional Listed Building Consent;  UP - Unconditional Permission;  VG - Variation Granted;  W - Application Withdrawn.

 

(A)     APPLICATIONS FOR CONSIDERATION UNDER PLANNING ONLY:-

 

 

Decision

Plan Number

15/012181/FUL

R(AO)

Applicant

Geo Construction

Proposal

Redevelopment of site for four dwellings (1 detached dwellinghouse and 2 apartments with attached dwellinghouse) including landscaping and associated works at land off Denham Way (formerly Verney House), Denham Way, Denham, UB9 5AX

Notes:

1.    A site visit had previously been carried out by members.

2.    Prior to consideration of the application Ross O Brien, on behalf of objectors, and Craig Roberts, the agent, addressed the meeting.

3.    During the discussion members felt that the proposal represented over-development and was out of keeping with, and would adversely impact on, the character of the area.

 

It was accordingly

 

RESOLVED that the application be refused on the grounds that the proposal represents an overdevelopment that is out of keeping with the character of the area. The proposed dwellings would appear cramped and over dominant in the street scene and as such would adversely affect the character of the area. Therefore, the proposal is contrary to the requirements of policies EP3 and H9 of the South Bucks District Local Plan (adopted March 1999) and to Core Policy 8 of the South Bucks District Core Strategy (adopted February 2011.

 

Decision

Plan Number

15/02480/OUT

OP

Applicant

Mrs Matharu

Proposal

Outline application for redevelopment of site to provide two detached dwellings at Cherry Tree Cottage, Baconsmead, Denham, UB9 5AY

 

Decision

Plan Number

16/00002/FUL

R(AO)

Applicant

Mr I Rivers

Proposal

Replacement of detached dwelling at Frogsmead, Gregories Farm Lane, HP9 1HU

Notes:

1.    A site visit was undertaken by members.

2.    A further response had been received from the Arboriculturalist raising no objections subject to conditions.

3.    Prior to consideration of the application Anthony Alexander, on behalf of objectors, addressed the meeting. The applicant had declined the offer to address the meeting.

4.    During the discussion members felt that the proposal with its unsympathetic and obtrusive design was out of keeping with, and would adversely impact on, the semi-rural character of the area.

 

The Committee accordingly

 

RESOLVED that the application be refused on the grounds that the proposed dwelling is an unsympathetic and obtrusive design that does not have regard for the sensitive character of this Woodland Road. The development would be  ...  view the full minutes text for item 57.

58.

Review of existing affordable housing obligation on planning permission 12/01707/FUL, pdf icon PDF 65 KB

To consider report of Head of Sustainable Development.

Minutes:

The Committee considered a report explaining that the planning permission for the redevelopment of 119 Station Road, Beaconsfield had been granted subject to a legal agreement requiring the applicant to provide a financial contribution towards affordable housing. This would be in the form of an initial ‘Affordable Housing Payment’ of £48,250.00, prior to the development commencing, and then further potential payments up to a maximum of £444,250.

 

In accordance with the new application and appeal procedure inserted into the 1990 Town and Country Planning Act, a viability appraisal had been submitted by the applicants setting out that it is not viable to provide any form of financial contribution. The District Valuation Service had, following instructions from the Council, carried out its own independent viability appraisal, the conclusion of which was that development was not viable in the context of the existing legal agreement. The DVS did however feel that the scheme could provide £40k towards affordable housing, a sum the applicants were willing to pay

 

In the light of the DVS’s recommendation the report set out a proposal to amend the existing legal agreement by, amongst other things, amending the amount of affordable housing to £40k. A revised set of recommendations was circulated at the meeting.

 

Whilst expressing disappointment at the loss of some £400K towards the provision of much needed affordable housing, the Committee felt that they had no option other than to accept the proposed amendments to the legal agreement and accordingly

 

RESOLVED that

 

  1. The Application to modify the S106 Agreement dated 31st January 2013 be allowed for a temporary period of 3 years as follows:

 

1.1  The ‘Affordable Housing Payment’ will be £40,000 and indexation will not apply thereto.

 

1.2  The ‘Additional Affordable Housing Payment’ clause will not apply.

 

  1. If the Development, as defined in the S106 Agreement, is not completed within 3 years, the original affordable housing obligations will apply to those parts of the Development which have not been commenced within that 3 year period.

 

  1. The Head of Sustainable Development, in consultation with the Head of Legal and Democratic Services, be authorised to issue a Decision Notice setting out the relevant provisionsrequired to give effect to this decision.

59.

Pioneer House, Hollybush Hill, Stoke Poges pdf icon PDF 72 KB

To consider report of Head of Legal and Democratic Services

Minutes:

Councillor Miss Hazel declared a personal interest in this matter being Cabinet Portfolio Holder for Children’s Services at Bucks County Council

 

The Committee considered a report seeking a decision on  whether the Council should seek permission to challenge the Secretary of State’s decision dated 18 February 2016 (a copy of which was attached to the report) to grant prior approval for permitted development for a state funded school under Part 3 Class K of Schedule 2 of the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2013 at Pioneer House, Hollybush Hill, Stoke Poges, following re-determination of the previous Secretary of State’s decision of 17 September 2014.

 

The report, after explaining the background and the grounds on which the Council could challenge the Secretary of State’s decision, went on to set out the following options      

 

·         Do not seek to challenge

·         Seek leave to challenge under section 288 of the Town and County Planning Act 1990

 

In connection with the second option, the Committee’s attention was drawn to the advice received from Counsel, circulated as a confidential appendix, on the soundness of the Secretary of State’s decision and to the summary of this advice given by the Head of Legal and Democratic Services at the meeting. The Committee was particularly asked to note the conclusion in Counsel’s advice that, in respect of both external and internal noise, the Decision Letter from the Secretary of State discloses arguable errors in law and therefore it is open to the Council to challenge pursuant to Section 288. The deadline for submitting a challenge was 31 March 2016 – hence the need for an urgent decision.

 

During the discussion a number of issues were clarified as follows:

 

1.    The first stage was to seek leave to challenge. If successful a High Court hearing would be held to decide whether the decision of the Secretary of State should be quashed.

2.    The costs for a leave application and a one day High Court hearing were likely to be in the region of £20-£30K. The costs would escalate significantly if the case proceeded to the higher courts.

3.    The Council has the power under Section 222 of the Local Government Act 1972 to take legal proceedings where it considers this is expedient for the promotion of the interests of the inhabitants of the District.

4.    Whilst the Committee could make the decision to seek leave to challenge the Cabinet would need to approve the funding of any challenge as this could not be funded from existing budgets.

 

Also during the discussion, members stressed the important role the Committee played in protecting the Green Belt and assessing the impact of proposals on local residents. In accordance with this role, the Committee had refused prior approval for a state-funded school and following an appeal process, the Inspector’s recommendation was also to refuse approval on noise grounds. However, the Secretary of State chose to disregard the recommendation, a decision which was quashed following a challenge by the Council  ...  view the full minutes text for item 59.

60.

Enforcement Notice Progress Report pdf icon PDF 87 KB

To receive for information.

Minutes:

The Committee received for information a progress report which set out the up-to-date position relating to Enforcement Notices.

 

RESOLVED that the report be noted.

61.

Planning Appeals and Schedule of Outstanding Matters pdf icon PDF 77 KB

To receive for information.

Minutes:

The Committee received for information a progress report which set out the up to date

position relating to planning appeals.

 

RESOLVED that the report be noted.

62.

Exclusion of Public

The Chairman to move the following resolution:-

 

“That under Section 100(A)(4) of the Local Government Act 1972 the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Part 1 of Schedule 12A to the Act.”

Minutes:

 “That under Section 100(A)(4) of the Local Government Act 1972 the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in  Paragraph 5 of Part 1 of Schedule 12A to the Act.”

 

63.

Pioneer House, Hollybush Lane, Stoke Poges

To consider issues arising from the report of Head of Legal and Democratic Service in item 5.

Minutes:

The Committee had regard to the Advice of Counsel whilst considering the matter under minute 59.