Agenda and draft minutes

In the absence from the meeting of the Vice-Chair, Councillor Clive Woodbridge, the Chair proposed that Councillor Phil Neale be appointed as Acting Vice-Chair for the duration of the Meeting.

The Committee raised no objection and agreed for Councillor Phil Neale to sit as Acting Vice-Chair for the Meeting.

To receive declarations of any Disclosable Pecuniary Interests or other registrable or non-registrable interests from Members in respect of any item to be considered at the meeting.

23/00158/FUL - Land at Fairview Road

Councillor Neil Dallen, Other Interest: Councillor Neil Dallen declared that he was the Chair of the Strategy & Resources Committee, who had put the application forward. He stated that he would withdraw from the Chamber for the duration of the Committee's consideration of the application, to avoid the appearance of any perceived bias.

24/00992/FUL- 71 Rosebery Road, Epsom, KT18 6AB

Councillor Chris Watson, Other Interest: In the interest of transparency, Councillor Chris Watson declared that he lived in close proximity to the proposed development, and assured the Committee that he maintained an open mind on the matter.

Councillor Steven McCormick, Other Interest: In the interest of transparency, the Chair, Councillor Steven McCormick, wished to declare that he was the Chair of the Epsom & Walton Downs Conservators.

Enforcement Report

Councillor Steven McCormick, Other Interest: In the interest of transparency, the Chair, Councillor Steven McCormick, wished to declare that he was the Chair of the Audit & Scrutiny Committee.

The Committee is asked to confirm as a true record the Minutes of the Meeting of the Committee held on the 3 October 2024 (attached) and to authorise the Chair to sign them.

The Committee confirmed as a true record the Minutes of the Meeting of the Committee held on the 3 October 2024 (attached) and authorised the Chair to sign them.

The erection of 3 modular buildings to provide temporary accommodation for residents in the Borough, with associated parking, refuse and plant room.

Prior to the Committee’s consideration of the agenda item, Councillor Neil Dallen withdrew from the Chamber.

Description:

The erection of 3 modular buildings to provide temporary accommodation for residents in the Borough, with associated parking, refuse and plant room.

Officer Recommendation:

Approval, subject to conditions and informatives.

Officer Presentation:

The Committee received a presentation on the application from the Principal Planning Officer.

Public Speaking:

A member of the public provided to the Committee two separate representations in objection to the application – the first objection provided on their own behalf, and the second objection provided on behalf of another member of the public, upon that other member of the public’s request.

Decision:

In the interest of the provision of allocated parking for each unit, Councillor Lucie McIntyre proposed a motion that the Officer recommendation be amended by way of an amendment to condition 10, as follows:

(10) Parking and Turning

The development hereby approved shall not be first occupied unless and until space has been laid out within the site in accordance with the approved plans for vehicles to be parked and turn so that they may enter and leave the site in forward gear.  One vehicle parking space shall be clearly allocated and used for each modular building.  Thereafter the parking and turning areas shall be retained and maintained for their designated purposes.

Reason: In order for the development not to prejudice highway safety nor cause inconvenience to other highway users in accordance with Section 9 of the NPPF 2023, and to satisfy policies DM35 and DM36 of the Development Management Policies 2015 and Policy CS16 of the Core Strategy 2007.

The proposal was seconded by Councillor Jan Mason. Subsequently, the Committee voted (7 votes for, 1 abstaining, and the Chair not voting) in favour of the amendment.

To address an inaccuracy within the text of condition 2 as set out in the report, the Chair, Councillor Steven McCormick, proposed a motion that the Officer recommendation be amended the by way of an amendment to condition 2, as follows:

(2) Temporary Use

The development hereby permitted shall be discontinued and the land restored to its former condition on or before five years from the date of this planning permission.

Reason: To allow the Local Planning Authority an opportunity to assess the future demand for such accommodation, in accordance with Section 5 of the National Planning Policy Framework 2023 and Policy DM21 of the Development Management Policies Document 2015.

The proposal was seconded by Councillor Bernie Muir. Subsequently, the Committee voted (7 votes for, 1 abstaining, and the Chair not voting) in favour of the amendment.

Councillor Kate Chinn proposed a motion to agree the Officer recommendation, as amended. The proposal was seconded by Councillor Humphrey Reynolds. Subsequently, the Committee resolved (7 votes for, 1 abstaining, and the Chair not voting) to:

GRANT planning permission subject to the following conditions and informatives:

Conditions

(1)          Time Limit

The development hereby permitted shall be begun before the expiration of three  ...  view the full minutes text for item 36.

Demolition of existing single storey dwelling and construction of 3 x 3-bed residential units with car parking, and associated access.

Description:

Demolition of existing single storey dwelling and construction of 3 x 3-bed residential units with car parking, and associated access.

Officer Recommendation:

Approval, subject to conditions, informatives and s106 legal agreement.

Officer Presentation:

The Committee received a presentation on the application from the Planning Officer.

Public Speaking:

The Ward Councillor who called in the application spoke in objection to the application.

A Member of the public who had registered to speak in objection to the application had their representation provided to the Committee, upon their request, by said Ward Councillor on their behalf.

Decision:

Following consideration, Councillor Neil Dallen proposed a motion to refuse the application, for the following reason:

The proposed development would be served by sub-standard private amenity area that would result in poor standards of living accommodation contrary to policies C5 of the Core Strategy and policy DM12 of the Development Management Policies Document.

The proposal was seconded by Councillor Chris Watson. Subsequently, the Committee voted (4 votes for, 4 against, 0 abstentions, the Chair not voting initially and exercising his casting vote against the motion) against the motion, and the motion was lost.

Councillor Alison Kelly proposed a motion to agree the Officer recommendation as set out in the report. The proposal was seconded by Councillor Phil Neale. Subsequently, the Committee resolved (4 votes for, 3 against, 2 abstaining, and the Chair not voting) to:

PART A

GRANT planning permission subject to a S106 Legal Agreement with the following Heads of Terms:

a)         BNG delivery and monitoring

and the following conditions and informatives.

PART B

If the Section 106 Agreement referred to in Part A is not completed by 07 February 2025, the Head of Place Development is authorised to refuse the application for the following reason:

“In the absence of a completed legal obligation under Section 106 of the Town and Country Planning Act 1990, the applicant has failed to comply with Policy SC9 and CS16 of the Core Strategy 2007 and Policies DM36 and DM37 of the Development Management Policies Document 2015.”

Conditions

(1)          Timescale

The development hereby permitted shall be commenced within three years from the date of this decision.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990 (as amended).

(2)          Approved Plans

Unless otherwise agreed in writing by the local planning authority, the development hereby permitted shall be carried out in accordance with the plans numbered 10:010 C, 10:011 A, 10:012 A, 10:013 A, 10:014 A, 10:015 A and 10:016 A.

Reason: For avoidance of doubt and to ensure that the development is carried out in accordance with the approved plans to comply with Policy CS5 of the Core Strategy 2007.

(3)          Materials

Prior to the commencement of the development, materials to be used in the construction of the external surfaces of the extension be submitted to and approved in writing by the local planning authority. The development shall be constructed in accordance with the approved details.

Reason: To ensure a satisfactory external appearance in  ...  view the full minutes text for item 37.

Rebuilding of Grade II Listed wall to the rear of 100B and 102 Beaconsfield Road.

Description:

Rebuilding of Grade II Listed wall to the rear of 100B and 102 Beaconsfield Road.

Officer Recommendation:

Approval, subject to conditions and informatives.

Officer Presentation:

The Committee received a presentation on the application from the Planning Development and Enforcement Manager.

Decision:

Following consideration, Councillor Lucie McIntyre proposed a motion to agree the Officer recommendation as set out in the report. The proposal was seconded by Councillor Neil Dallen. Subsequently, the Committee resolved (9 votes for, and the Chair not voting) to:

GRANT listed building consent subject to the following conditions and informatives:

Conditions

(1)          Timescale

The development hereby permitted shall be commenced within three years from the date of this decision.

Reason: To comply with Section 18 (1) (a) of the Planning (Listed Buildings and Conservation Areas) Act 1990 as amended by Section 52 (4) of the Planning and Compulsory Purchase Act 2004.

(2)          Approved Plans

Unless otherwise agreed in writing by the local planning authority, the development hereby permitted shall be carried out in accordance with the plans numbered/titled Location plan and A-2-06-R3 and in accordance with the methodology document: “Beaconsfield Road – Listed Wall. Repair to Listed Garden Wall. Date 14 August 2024. Rev A.” by Williams Restoration.

Reason: For avoidance of doubt and to ensure that the development is carried out in accordance with the approved plans and to ensure a satisfactory external appearance in accordance with Policy CS5 of the Core Strategy 2007 and Policies DM8, DM9 and DM10 of the Development Management Policies Document 2015.

(3)          Safeguarding the Listed Building

Prior to the removal of any further brickwork from the wall, a site meeting shall be arranged and agreed between the Council’s Conservation Officer and the bricklayer. Thereafter, notwithstanding details hereby approved, the following details shall be submitted to and approved by the local planning authority prior to the commencement of any works:

a)            Brick bond

b)            Mortar mix

c)            Mortar joint profile and finish

d)            Foundation details

e)            New brick sample

The wall shall thereafter be constructed in accordance with the approved details and so maintained.

Reason: To ensure that the heritage significance of the wall is preserved or enhanced in accordance with Section 16 of the National Planning Policy Framework 2023, Policy CS5 of the Core Strategy 2007 and Policy DM8 of the Development Management Policies Document 2015.

(4)          Retention of Historic Bricks

All bricks shall be retained on site and no historic bricks shall be disposed of unless otherwise agreed in writing with the Local Planning Authority.

Reason: To ensure that the heritage significance of the wall is preserved or enhanced in accordance with Section 16 of the National Planning Policy Framework 2023, Policy CS5 of the Core Strategy 2007 and Policy DM8 of the Development Management Policies Document 2015.

Informatives

(1)          Positive and Proactive Discussion

In dealing with the application the Council has implemented the requirement in the National Planning Policy Framework to work with the applicant in a positive and proactive way. We have made available detailed advice in  ...  view the full minutes text for item 38.

Summary of Likely Applications to be Heard at Planning Committee.

The Committee received and noted a report providing a summary of likely applications to be heard at Planning Committee.

Summary of all Planning Appeal Decisions and Current Appeals.

The Committee received and noted a report providing a summary of all planning appeal decisions and current appeals.

Summary ofIncoming andClosed EnforcementCases byMonth.

The Committee received a report providing a summary of incoming and closed enforcement cases by month.

The Planning Development and Enforcement Manager presented to the Committee, within the Officer presentation slides (published as a supplement to the agenda), with a table providing a breakdown of closures over the past 12 months.

The Committee considered the following matters:

a)            The Planning Development and Enforcement Manager explained that ‘action taken’ with respect to enforcement cases is considered as a notice being issued. He stated that Officers endeavour to work proactively with applicants/owners to reach resolutions, with the issuing of notices being treated as a last resort for dealing with cases.

b)            The Planning Development and Enforcement Manager explained that there are a number of reasons for why a case might be closed without action taken, which were set out within the table.

The Committee noted the report and the additional breakdown information provided within the table.

Summary ofPlanning Performance by Quarter.

The Committee received and noted a report providing a summary of planning performance by quarter.