Minutes for Planning Committee meeting, Feb 10 2010, 4.15PM official page

To confirm the minutes of a meeting held on 16 December 2009.

The minutes of the meeting of the Committee held on 16 December 2009 were confirmed and signed by the Chairman.

(a)              To consider the reports of the Director of Services (as attached - if any) under

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

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

Part C - Committee observations required on applications to other Authorities – Pink pages

(b)              To receive FOR INFORMATION a list of applications already determined under delegated powers by the Director of Services –

Part D – white pages.

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; 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ULBC - Unconditional Listed Building Consent;  UP - Unconditional Permission;  VG - Variation Granted;  W - Application Withdrawn.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:-

Plan Number & Applicant

Proposal

Decision

1.

09/01456/FUL

Mr Reh Bidgood

Erection of two detached and two semi-detached dwellings, construction of vehicular access.  Egerton Lodge, 89 Huntercombe Lane North, Burnham, Bucks, SL1 6DT.

P

(Notes: (1) Prior to consideration of this application, Mrs Deborah McCarthy, on behalf of the objectors and Mr John Bidgood, agent for the applicant addressed the Committee.

             (2) Mr Dhillon declared a personal interest in this item as he was acquainted with the applicant as a former neighbour).

2.

09/01541/FUL Mr and Mrs Pritchard

Replacement dwellinghouse and detached garage with front dormers and games room over, construction of vehicular access. By The Wood, 31 Burkes Road, Beaconsfield, Bucks, HP9 1PF.

P

(Note: Prior to consideration of this application, Mr A G Orchard, on behalf of the objectors, addressed the Committee.

3.

09/01458/FUL

Invesco Pit Ltd

Part change of use from Office Building (B1) to residential (10 flats for residential dwellings), construction of office building, basement, car parking and construction of vehicular accesses.  45-49 Station Road, Gerrards Cross, Bucks, SL9 8ES.

P

4.

09/01600/FUL

Mr and Mrs Kotecha

Retention and alteration of first floor and roof extension incorporating front and rear dormers, two storey rear extension.  (Amendment to planning permission 06/00777/FUL).  Waterside (formerly Harmony House), Bakers Wood, Denham, Bucks, UB9 4LG.

P

5.

09/01630/FUL

Mr Ian Johnson

Change of use from B1 (Office) to D1 (Dental Practice).  South Park Chamber, 1 Oak End Way, Gerrards Cross, Bucks, SL9 8BS.

P

(B)       APPLICATIONS DETERMINED UNDER DELEGATED AUTHORITY

The Committee received for information a list of applications determined by the Director of Services.

To consider report of the Director of Services.

The Committee considered a report of the Director of Services regarding objections to this Order in relation to Sycamore tree T1 at 57 Orchehill Avenue, Gerrards Cross.  The objections had been submitted by Ms Celia Stuart-Lee on behalf of Dr Hogarth, the occupier of 57 Orchehill Avenue.

Having considered the letter of objection submitted, the Arboriculturist’s response and photographs of the tree in question, taken with the reasons why the Order was made, it was

RESOLVED that the South Bucks District Council Tree Preservation Order No 26, 2009 be confirmed as made, without any modification.

(Note: Mrs Woolveridge withdrew from the meeting during consideration of this item).

To consider report of the Director of Services.

The Committee considered a report of the Director of Services which sought agreement to a recommendation that it was not expedient to issue and serve and Enforcement Notice in respect of development on land at Little Place, Collinswood Road, Farnham Common.  The subject development consisted of the ‘conversion’ of an existing four car garage at the rear of Little Place into a building providing residential accommodation.  The report included appendices as follows:

1. Plan of the site
2. Photographs of the converted “garage”
3. Pre-action protocol letter dated 27.8.09
4. Submissions made on behalf of the owner dated 28.10.09
5. Submissions made on behalf of the neighbour dated 28.10.09
6. Further submissions on behalf of the neighbour received 13.1.10
7. Further submissions on behalf of the neighbour received 4.2.10

In addition members had extracts of the Local Plan regarding Policies H12, GB2 and GB10.

The report set out the history of the site since it was first brought to the attention of the Council by the complainant in October 2008.  Following completion of the conversion work, the development was occupied by the nephew (and his family) of the owner of Little Place and it was indicated that the nephew and family would provide care for the elderly owner on a daily basis.  The Committee was invited to consider two issues in relation to the case: firstly whether a material change of use had occurred and secondly what action, if any, should be taken regarding the operational development.

Officers have taken the view that no separate planning unit has been created by the conversion of the “garage” and because of the way it is occupied (the identity of the occupants and their close links with the owner of Little Place) a separate dwelling has not been created.  Accordingly, the view is that its use is ancillary to the use of Little Place and no material change of use has taken place.

As to the operational works undertaken, having regard to their scale and nature, and the definition of development within the Town and Country Planning Acts, it is clear the works are not permitted development and were therefore carried out without planning permission.  The report went on to set out reasons why the officers considered it was not expedient to take enforcement action.  In order to reach a judgement on this it was necessary to have regard to the relevant Local Plan policies, which were set out in the report.

Following a number of answers to questions, the Committee expressed the view that a site visit should be undertaken before taking a decision on the matter.  Also, the Head of Legal and Democratic Services was asked to remind the owner of Little Place of their right to apply for planning permission for the development carried out.

RESOLVED that consideration of the report be deferred for a site visit of Little Place to be held, prior to the next meeting of the Committee on 10 March 2010.

To receive FOR INFORMATION.

The Committee received for information a progress report which set out the up to date position relating to Enforcement Notices.  The following oral updates were reported:

Bay Lodge, 15 Woodhill Avenue, Gerrards Cross

Planning permission had now been received on appeal, for an alternative form of development on this site.

Land at Junction of Farthing Green Lane and Framewood Road, Stoke Poges

This case had been heard in Court earlier in the day where the owner had pleaded guilty to breach of the enforcement notice, with the matter adjourned for sentencing.  The non-agricultural storage at the site had been confirmed as limited to three cars which was permitted.

To receive FOR INFORMATION the report of the Director of Services.

The Committee received details of planning and enforcement appeals lodged and determined.

A. Appeal Statistics for the period 1 April 2009 – 31 December 2009

Planning appeals allowed (Planning applications only as defined in BV204):

33.3% (18 out of 54) against a target of 25%.

Total appeals allowed (Planning, tree, enforcement and other appeals):

33.9% (20 out of 59). No target set.

Percentage of appeals allowed in accordance with officer recommendation, despite decision to refuse by Members:

100% (2 out of 2). No target set.

B. Appeals Lodged

Planning Appeals Lodged

Date Received

(a)

09/01067/FUL

Mr and Mrs Embury

Part single storey/part two storey side extension.

Woodlands Corner, 40 Mill Lane, Gerrards Cross

05/01/2010

C. Appeal Decisions

Planning Appeal Decisions

Date of decision

(a)

09/00985/FUL

Mr Lloyd Henderson

Two storey side and rear extension. Extension to roof to form habitable accommodation.

21 Wood Lane Close, Iver Heath

                                         Appeal dismissed – D

07/01/2010

(b)

09/00909/TPO

Mr Nigel Timms

Lawson Cypress (T1) - Fell and Yew trees (G2) - Fell (SBDC TPO NO  31, 2008)

Cleeves, 5 Sandelswood End, Beaconsfield

                                         Appeal dismissed – D

07/01/2010

(c)

09/01057/FUL

Mr & Mrs McGowan

Roof alterations incorporating pitched roofs to single storey projections.

5 Middle Road, Denham                        

                                             Appeal allowed – D

08/01/2010

(d)

09/00705/FUL

Millgate Homes Ltd

3 detached dwellinghouses with detached garage to plot 2. Construction of vehicular access and drive. Improvement of Dropmore Road and Linkswood Drive junction.

Rear Of 6 Linkswood Road, Burnham

                                         Appeal dismissed – D 

11/01/2010

(e)

09/01188/FUL

Mr P Van Der Merwe

Detached garage.

21 Crispin Way, Farnham Common

                                          Appeal dismissed - D

14/01/2010

(f)

09/01253/FUL

Mr Neil Meldrum

Extension to roof incorporating front dormers.  Two storey side extension. (Amendment to planning application 08/00721/FUL).

72 London End, Beaconsfield

                                         Appeal dismissed – D

14/01/2010

(g)

08/01910/FUL

Mr R Lucas

First floor and roof extensions.

Tall Trees, Bakers Wood, Denham

                                            Appeal allowed – D

15/01/2010

(h)

09/00070/FUL

Mr C Pitcher

Redevelopment of site to provide 2 flats. Construction of vehicular access.

Telephone Rep Station, Oxford Road, Beaconsfield

                                         Appeal dismissed – D

25/01/2010

Note:  The letter(s) shown after the decision indicate:-

CO      -           Committee decision to refuse permission on officer recommendation

CC      -           Committee decision to refuse permission contrary to officer recommendation

D         -           Delegated officer decision to refuse permission

ND      -           Appeal against non-determination of application

To consider report of the Director of Resources.

The Committee noted the following decisions taken in consultation with the Consultative Body:

Objected to Tree Preservations Orders

The Committee was due to take decisions on three reports relating Tree Preservation Orders to which objections had been made, at the meeting which was cancelled on 13 January 2010.  Accordingly, the reports on objections to the following tree preservation orders were considered by the Consultative Body:

(1)        South Bucks District Council Tree Preservation Order No 23, 2009 on land adjacent to Pinewood Studios, Pinewood Road, Iver Heath

(2)        South Bucks District Council Tree Preservation Order No 24, 2009 on land at Five Points Roundabout, Slough Road, Iver Heath

(3)        South Bucks District Council Tree Preservation Order No 25, 2009 on land at 3 Bearswood End, Beaconsfield.

Having considered the reports, details of the objections and the reasons why the Order was made, the Consultative Body decided as follows:

(1)         AGREED that the Order be confirmed as made without modification.

(2)         AGREED that the Order be confirmed as made without modification.

(3)         AGREED that the Order be confirmed as made without modification.

To consider any matters which the Chairman agrees as urgent in accordance with Section 100B of the Local Government Act 1972.