DEVELOPMENT CONTROL COMMITTEE. 18th June 2002

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1 DEVELOPMENT CONTROL COMMITTEE 18th June 2002 PRESENT:- Labour Group Councillor Brooks (Chair), Councillor Dunn (Vice-Chair) and Councillors Bambrick, Richards (substitute for Councillor Rose), Shepherd, Southerd, Southern and Whyman. Conservative Group Councillors Bale, Bladen, Lemmon and Mrs. Walton. (Councillors Bell, Hood and Mrs. Wheeler also attended the Meeting). APOLOGIES Apologies for absence from the Meeting were received from Councillors Rose and Mrs. Rose (Labour Group). DC/14. REPORT OF MEMBER Councillor Bale advised of a recent press report regarding the Government s intention to relinquish the 28 days rule in respect of permitted development rights for the temporary use of land for events such as local fetes and galas. He understood that the matter was currently the subject of a consultation process and the Planning Services Manager advised that he had not seen details of such a proposal but would investigate and report back with any further information. DC/15. SITE VISIT MATTERS DELEGATED TO COMMITTEE The erection of a first floor bedroom over the existing balcony at Arch Farm House, No. 88 Main Street, Ticknall (9/2001/1212). The erection of a first floor extension to provide an additional bedroom over the existing balcony at Arch Farm House, No. 88 Main Street, Ticknall (9/2001/1213). Further to Minute No. DC/11 of 28th May 2002, it was reported that Members of the Committee had visited the site prior to the Meeting. Reference was made to a letter from the Ticknall Preservation and Historical Society expressing its support for the proposal. Members considered that the proposed extension would have no undue impact on the listed building and that the effect would be largely neutral. That, contrary to the recommendation, planning permission be granted, subject to conditions to be determined by the Planning Services Manager. Page 1 of 8-1 -

2 (Councillor Shepherd declared a personal interest in these applications and remained in the Meeting). DC/16. TOWN AND COUNTRY PLANNING ACT 1990, SECTION 215 UNTIDY SITES (a) Land at Linton Heath, Linton It was reported that following complaints received, an Untidy Site Notice had been served on 21st January 2002 under delegated powers to secure the removal of a large pile of tree branches and brushwood from the above premises, together with various items of domestic and other rubbish. A site inspection after the expiration of the period allowed for compliance with the terms of the Notice had revealed that no action had been taken and a subsequent letter to the owner had also resulted in no action. That, subject to the availability of the necessary evidence, legal proceedings be instituted in respect of non-compliance with the terms of the Notice. (b) Land at No. 53 High Street, Newhall It was reported that following a complaint received, an Untidy Site Notice had been served on 21st January 2002 under delegated powers to secure the removal of a dilapidated motor van from land on the Chapel Street frontage of the above property. A site inspection after the expiration of the period allowed for compliance with the terms of the Notice had revealed that no action had been taken to remove the van and a subsequent letter to the owner had also resulted in no action. That, subject to the availability of the necessary evidence, legal proceedings be instituted in respect of non-compliance with the terms of the Notice. (c) Land at No. 25 Station Street, Castle Gresley It was reported that the alleged untidy condition of the front garden serving the above terraced property had been the subject of long-standing action by the Council. An Untidy Site Notice had been served in January 2001 and minimum steps to ensure compliance were undertaken by the owner at that time. However, the condition of the front garden again deteriorated and in December 2001, the Committee had authorised legal proceedings in respect of non-compliance with the terms of the Notice. In view of the relatively small area of land involved, attempts had been made to contact the owner with a view to securing a negotiated solution to the situation but this had been unsuccessful. A subsequent visit to the property had revealed that regrowth had occurred, significantly improving the appearance of the land to a situation where legal proceedings would be difficult to justify. However, it was noted that the fabric of the dwelling was beginning to deteriorate. Page 2 of 8-2 -

3 If the deterioration in the appearance of the dwelling continued, it was likely that this would have a significantly adverse effect on the amenity of adjoining and nearby properties in the near future. Accordingly, in the circumstances, it was considered expedient to visit the site in three months and if there was appreciable deterioration at that time, a further report could be submitted to the Committee in respect of both the dwelling and the front and rear gardens. That no further action be taken at the present time pending the submission of a further report in due course, as outlined above. DC/17. UNAUTHORISED LENGTH OF BOUNDARY WALL AND RAILINGS NO. 2 TULLA CLOSE, STENSON FIELDS It was reported that planning permission had been granted on 7th February 2001 for the erection of a boundary wall and an extension to enlarge the garage at the above property. The approved plan specified a wall of two metres in height with attached railings on the south-western boundary of the property and a wall of one metre in height on the western and north-western boundaries. The wall on the western and north-western boundary was subsequently finished with railings of a similar height to those incorporated in that erected on the south-western boundary. Following a complaint received, the matter had been raised with the owner of the property who had arranged for the submission of an amended application to retain the length of wall/railings concerned. Permission was subsequently refused as the fence was unacceptable due to the harmful effect on the character and appearance of the area. An appeal against this decision had been dismissed and the Committee now considered enforcement action. That all necessary action be taken under the provisions of Section 172 of the Town and Country Planning Act 1990 (as amended) to secure the reduction of the length of 19.5 metres of wall and railings on the western and north-western boundaries of the property to a height not exceeding one metre above the level of the adjoining highway. DC/18. NON-COMPLIANCE WITH CONDITION NO. 4 OF PLANNING PERMISSION 9/898/415/U FOR THE USE FOR STORAGE AND DISTRIBUTION OF THE AGRICULTURAL BUILDING TO THE NORTH-WEST OF THE FARM HOUSE AT GRANGEWOOD FARM, NETHERSEAL It was reported that following a complaint received, site inspections had been carried out at the above property, which was a former agricultural building with a hard-surfaced frontage area now in use as a base for a fencing business. Condition No. 4 of planning permission 9/898/415/U stated that there should be no external storage of materials on the site and this condition had been imposed in the interests of the visual amenity of the area. The initial inspection had revealed external storage on the frontage of the building and the occupier of the premises was advised accordingly. A subsequent inspection had revealed that the outside storage was persisting and the occupier had stated that the volume of business and delivery Page 3 of 8-3 -

4 constraints prevented compliance with the condition. No application had been received to vary the condition. That a Breach of Condition Notice be served under the provisions of Section 187A of the Town and Country Planning Act 1990 (as amended) to secure full compliance with condition No. 4 of planning permission 9/898/415/U. DC/19. TREE PRESERVATION ORDER NO. 191 (2001) LAND AT THE REAR GARDEN OF VINE COTTAGE, NO. 6 TRENT LANE, NEWTON SOLNEY It was reported that this Tree Preservation Order had been made on 20th December 2001 in respect of a group of ten birch trees on garden land at the rear of Vine Cottage, No. 6 Trent Lane, Newton Solney. The Order was made as the group of trees was particularly visible from Trent Lane and Hollies Close and provided an attractive backdrop which enhanced the appearance of the Newton Solney Conservation Area. A Section 211 Notice to fell four of the trees had been submitted and in view of the group s amenity value, the Order was considered expedient. An adjoining neighbour on Hollies Close had written in response to the notification of the Order, requesting that some of the trees be allowed to be felled and his reasons for this were outlined to the Committee. The Council s tree specialist had responded to the concerns of the neighbour and this response was also outlined to Members. The Planning Services Manager s planning assessment advised that the group of trees provided an attractive backdrop and had sufficient amenity value to be worthy of a Tree Preservation Order. There was no evidence that the trees were causing damage to buildings and they were not causing an unacceptable loss of light to the living rooms and garden of the neighbouring dwelling. Accordingly, it was considered that the Order should be confirmed without modification to safeguard the amenities of the area. That the Tree Preservation Order be confirmed without modification. DC/20. REPORT OF THE PLANNING SERVICES MANAGER The Planning Services Manager submitted reports for consideration and determination by the Committee and presented oral reports to the Meeting to update them as necessary. Consideration was then given thereto and decisions were reached as indicated. The following items were noted:- Appeals Dismissed (a) The extension and conversion into a dwelling of an outbuilding on land forming part of O.S. Field No. 0572, Swarkestone Road, Barrow-on- Trent. (b) The erection of a detached house and garage on land adjoining No. 24 Beech Avenue, Willington. Page 4 of 8-4 -

5 DC/21. PLANNING APPROVALS That the following applications be granted, subject to the conditions set out in the reports of the Planning Services Manager and to any matters annotated:- (a) (b) (c) (d) (e) (f) The conversion of attached outbuildings to provide an extension to the dwelling, a granny flat and dwelling at Haven Wood Farm, Sutton Lane, Hatton (9/2001/0799). The extension and conversion into a dwelling and garage of a barn at Hill Farm, Moor Lane, Barrow-on-Trent (9/2002/0091). The removal of condition No. 2 of planning permission 9/2000/0841/R (noise emissions and hours of operation) at Baldwins Transport, Ryder Close, Swadlincote (9/2002/0127). The erection of one detached house at No. 20 Main Street, Overseal (9/2002/0156). The demolition of the existing hall and outbuilding and the erection of a community hall at All Saints Church Hall, Station Road, Hatton (9/2002/0228) Reference was made to correspondence from the applicant s agent on the visibility splay together with a response from the County Highways Authority. Outline application (all matters except siting and means of access to be reserved) for the erection of four houses and car port/garage block at No. 181 Oversetts Road, Newhall (9/2002/0270) subject to an additional condition relating to details of foul and surface water disposal. (Councillor Bambrick declared a personal interest in this application and remained in the Meeting) (g) (h) (i) (j) The erection of a detached house and double garage on land at the rear of No. 52 Derby Road, Melbourne (9/2002/0343) reference was made to additional correspondence from Melbourne Parish Council and Melbourne Civic Society. The erection of two houses on land being the site of Windy Ridge, No. 30 Meynell Street, Church Gresley (9/2002/0383) reference was made to a letter from the neighbour. Alterations and extensions at Peter Smith Sports Cars, Station Road, Hatton (9/2002/0422). The erection of an extension at No. 2 Chellaston Cottages, Swarkestone Road, Weston-on-Trent (9/2002/0450). Page 5 of 8-5 -

6 (k) The conversion into a dwelling of the garage and the erection of extensions and a chimney at No. 32 Main Street, Repton (9/2002/0481). (l) The erection of a two-storey extension and garage at No. 19 Monsom Lane, Repton (9/2002/0497). (m) Internal alterations to link No. 46 and Business Link No. 48 Grove Street, Swadlincote (9/2002/0518) (Listed Building Consent). DC/22. PROPOSED RESIDENTIAL DEVELOPMENT AND ADDITIONAL PARKING TO ADJACENT DOCTORS SURGERY AT QUALITAS BATHROOMS, HARTSHORNE ROAD, WOODVILLE (9/2001/0730) THE ERECTION OF 100 DWELLINGS, VEHICULAR ACCESS OFF BURTON ROAD AND HARTSHORNE ROAD, EXTENDED PARKING AREA FOR DOCTORS SURGERY AND SPACE (AMENDED SITE LAYOUT AND HOUSE TYPES) AT QUALITAS BATHROOMS, HARTSHORNE ROAD, WOODVILLE (9/2002/0055) Reference was made to additional correspondence from the Parish Council, the nearby Doctors practice and correspondence between the applicant company and the adjoining factories. Details of conditions requested by the Environmental Health Manager were also reported together with minor amendments to the road layout. (1) That the applicant company be advised that the Council agrees with the development and that the proposal is such as may be permitted, subject to appropriate conditions, as part of an Agreement under the provisions of Section 106 of the Town and Country Planning Act 1990 (as amended) to secure financial contributions towards the provision of local education facilities and for the provision of a car park for the Woodville Surgery and the future maintenance of the areas of open space. (2) That the Chief Executive be authorised to conclude the Agreement on the above basis. (3) That the conditions set out in the report of the Planning Services Manager be approved for imposition on the issue of any planning permission. DC/23. THE FORMATION OF A CAR PARK AND PLAY AREA AT THE NEW INN, NO. 2 HIGH STREET, WOODVILLE (9/2001/1251) (1) That the applicant be advised that the Council agrees with the principle of development and that the proposal is such as may be permitted, subject to appropriate conditions, as part of an Agreement under the provisions of Section 106 of the Town and Country Planning Act 1990 (as amended) to secure the contribution of the sum of 1,000 towards the reinstatement of Page 6 of 8-6 -

7 the bowling green at New Road Recreation Ground, Woodville or towards a facility of equivalent community benefit. (2) That the Chief Executive be authorised to conclude the Agreement on the above basis. (3) That the conditions set out in the report of the Planning Services Manager be approved for imposition on the issue of any planning permission. DC/24. THE ERECTION OF A PRECAST CONCRETE PRODUCTION UNIT, BATCHING PLANT, PRODUCT STOCKYARD, TWO-STOREY OFFICE TOGETHER WITH ASSOCIATED PARKING IN ACCORDANCE WITH CONDITION NO. 2 OF PLANNING PERMISSION 9/2000/0415 ON LAND AT TETRON POINT, WILLIAM NADIN WAY, SWADLINCOTE (9/2002/0240) It was noted that part of this application site was situated within the Newhall Ward. Reference was made to correspondence from the County Council relating to the proximity of a brook to the north-west corner of the site. Members expressed concern at various issues in connection with the proposed development and considered that further discussions should be held with the applicant company. That consideration of the application be deferred to enable the applicant company to meet with the Chair and Vice-Chair of the Committee together with appropriate Ward Members and representatives of residents to discuss the issues of concern. DC/25. THE ERECTION OF A BOUNDARY FENCE AT NO. 2 ASHLEIGH AVENUE, NEWHALL (9/2002/0469) (1) That consideration of this application be deferred to enable Members of the Committee to visit the site prior to the next Meeting to assess the impact of the proposed type of fencing. (2) That Members be authorised to consider any ancillary matters which might arise. (3) That the local representatives be invited to be present in a representative capacity. L.J. BROOKS CHAIR The Meeting terminated at 7.35 p.m. Page 7 of 8-7 -

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