Agenda and minutes

Apologies for absence were submitted on behalf of Councillors Boothby, Cope, Hodgkins and Smith with the following substitutions authorised in accordance with council procedure rule 10:

Councillor Cook for Councillor Boothby

Councillor Glenville for Councillor Cope

Councillor Williams for Councillor Hodgkins.

To confirm the minutes of the meeting held on 20 July 2021.

It was moved by Councillor Flemming, seconded by Councillor Bray and

RESOLVED – the minutes of the meeting held on 20 July be approved as a correct record.

Councillors Flemming, Lynch and Walker declared that they were members of the Burbage Parish Council Planning Committee which had considered application 21/00236/FUL but had not voted on the application at that meeting.

Councillor Williams declared that he had taken part in the vote on application 21/00236/FUL at Burbage Parish Council’s Planning Committee and stated that he would not take part in the debate nor vote on the application at this meeting.

Councillor Roberts declared that he had previously made comments in relation to application 20/01288/FUL but stated that he had come to the meeting with an open mind.

To report progress on any decisions delegated at the previous meeting.

It was reported that all decisions had been issued with the exception of those on applications 20/00191/FUL and 20/01324/CONDIT which had been deferred to a future meeting.

Replacement velux and dormer windows on main roof, and roof alterations to rear extension including velux window, and chimney alteration, and internal alterations (retrospective)

These applications have been deferred to the next meeting.

It was noted that these applications had been deferred to the following meeting.

Change of use from shop to hot food take away, ventilation flue

Application for change of use from shop to hot food takeaway, ventilation flue.

The applicant spoke on this application.

It was moved by Councillor Furlong and seconded by Councillor Bray that permission be granted with an amendment to condition 4, the drafting of which to be delegated to the Planning Manager, to require inspection of the premises by Environmental Health officers prior to first use to ensure its compliance with requirements outlined in paragraph 8.18 of the report in relation to noise and odour reduction. It was also requested that the ward councillors be consulted on the outcome of that inspection before sign off. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED –

(i)            Permission be granted subject to:

a.    the conditions outlined in the officer’s report;

b.    an amendment to condition 4 to require inspection of the noise and odour attenuation scheme before first use

(ii)          The Planning Manager be granted authority to determine the final detail of planning conditions and the wording of the amended condition 4;

(iii)         The ward councillors be consulted on the outcome of the inspection by Environmental Health officers prior to first use.

Conversion of existing agricultural buildings into x4 dwellings including extensions, detached garage and demolition of x2 existing agricultural buildings

Application for conversion of existing agricultural buildings into four dwellings including extensions, detached garage and demolition of two existing agricultural buildings.

The agent spoke on this application.

It was moved by Councillor Bray and seconded by Councillor J Crooks that permission be granted.

Councillor R Allen, seconded by Councillor Findlay, proposed an amendment in relation to fibre optic broadband in that the Planning Manager be asked to investigate where the nearest cabinet was located and if within a reasonable distance, a condition be added requiring connection of broadband to the properties. The amendment was accepted by the mover and seconder of the original motion. Upon being put to the vote, the motion as amended was CARRIED and it was

RESOLVED –

(i)            Permission be granted subject to the conditions outlined in the officer’s report;

(ii)          The Planning Manager be asked to investigate the location of the nearest fibre cabinet and, if reasonable, include a condition requiring connection;

(iii)         The Planning Manager be granted delegated authority to determine the final detail of planning conditions.

Change of use from C3 dwellinghouse to mixed use C3 dwellinghouse and sui generis dog breeders (retrospective)

Late items received after preparation of main agenda:

Introduction:-

Following the publication of the officer committee report, the following additional information was received on 04.08.2021 from the Council’s Environmental Health Officer (EHO):

·                         Further justification for the recommended 1 year temporary permission has been provided. The EHO has considered the application in the context of previous dealings with the site where advice has been provided to the applicant with regards to managing any existing impacts.

·                         The EHO has provided further advice on the detail required within the noise and odour management plan recommended in condition 5 of the Officer’s report. According to the advice of the EHO, the management plan requested would need to detail a limit upon the times and numbers of dogs outside at any time, how noise within the house is controlled and set out the arrangements for when the dogs are left unaccompanied for both short and prolonged periods. The plan would also need to detail how, with what and when outdoor areas on site are kept clean and how odour is controlled for storage of waste.

Following the publication of the committee report, the following statement was provided by the applicant on 14.08.2021 who is unable to attend the planning committee meeting:

·                         “We have never needed planning permission before as no changes have been made to the family home, I did provide a copy of the letter confirming this. We are now in this position which we have followed as it is required but again no changes have been made to the family home that could warrant a change of use. Our home has 3 bedrooms, bathroom, front room and a kitchen and of course a hallway. There is nothing additional specific to business use, our dogs are our family pets first and foremost and are treated this way as part of the family.”

Appraisal:-

The assessment made with regards to the officer recommendation for temporary planning permission remains unchanged as per the additional information received from Environmental Health.

However, it is recommended condition 5 be amended to be read as follows:

5.           Within 1 month of the date of this decision, a management plan for protecting existing dwellings from noise and odour from the development hereby approved shall be submitted to and approved in writing by the Local Planning Authority. The management plan should include detail on the following:

·         A limit upon the times and numbers of dogs outside at any time

The development shall be carried out in full accordance with the approved details.

Reason: To ensure that the proposed use does not become a source of annoyance to nearby residents in accordance with Policy DM7 and DM10  ...  view the full agenda text for item 109.

Application for change of use from C3 dwellinghouse to mixed use C3 dwellinghouse and sui generis dog breeders (retrospective).

An objector spoke on this application on his own behalf and also on behalf of another objector who was unable to attend.

Notwithstanding the officer’s recommendation that permission be granted, members felt that the activities would have an impact on neighbours in respect of noise and odour. It was moved by Councillor Flemming and seconded by Councillor Lynch that permission be refused on the basis that the use proposed due to the number of dogs that would be kept at the property would lead to significant noise and odour impacts which would be detrimental to the residential amenity of surrounding properties and would therefore be contrary to policies DM7 and DM10 of the Site Allocations & Development Management Policies DPD. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED – permission be refused as the proposed use due to the number of dogs that would be kept at the property would lead to significant noise and odour impacts which would be detrimental to the residential amenity of surrounding properties and would therefore be contrary to policies DM7 and DM10 of the Site Allocations & Development Management Policies DPD.

Installation of 4 x 5 metre high lamp columns and associated lighting units (retrospective)

Application for installation of four 5 metre high lamp columns and associated lighting units (retrospective).

It was moved by Councillor J Crooks, seconded by Councillor Findlay and

RESOLVED –

(i)            Planning permission be granted subject to the conditions contained in the officer’s report;

(ii)          The Planning Manager be granted delegated authority to determine the final detail of planning conditions.

To report on progress relating to various appeals.

Members received an update on appeals in progress. It was moved by Councillor W Crooks, seconded by Councillor R Allen and

RESOLVED – the report be noted.