Shrewsbury & Atcham
Borough Council

Members are respectfully reminded of the following planning procedure adopted by the Council:

1. The Development Control and Environmental Protection Committee will refer to the Planning Committee for determination:

(a) any proposed refusal of deemed planning permission or the reference back to the Cabinet of a decision to seek planning permission;

(b) and with reasons, any application for planning permission where the Committee is minded to approve the application contrary to the officer’s recommendation and where, if approved, the application would be a significant departure from the policies of the development plan.

(c) any controversial application which this committee has failed to determine.

2. That in the event of the Development Control and Environmental Protection Committee recommending the determination of an application for planning permission contrary to a development plan then the reason for so doing shall be minuted.

3. That where the Development Control and Environmental Protection Committee is minded to refuse an application for planning permission contrary to the officers recommendation then:

(a) the Committee shall specify as fully as possible the proposed grounds for refusal;

(b) the Solicitor in conjunction with the Development Control Manager shall be asked to consider whether any of the grounds for refusal are lawful and sustainable;

(c) If one or more grounds for refusal are lawful and sustainable the application shall be refused on the grounds stated;

(d) if none of the grounds are considered to be lawful and sustainable, the application shall be referred back to the Committee for determination at the next meeting with a report from the Solicitor.

4. That all correspondence received by members on current or forthcoming planning applications be forwarded to the Planning Department for details to be included in the officers’ report or schedule of late letters before return to members.

1. MINUTES – 14^th October 2003

Recommendation:

That the Minutes of the meetings of the Development Control and Environmental Protection Committee held on 14^th October 2003 be confirmed as a correct record and be signed by the Chairman.

To receive any declarations of members’ interests in any matters which are to be considered at this meeting and to receive any dispensations which will be relied upon.

(a) Personal (b) Personal and Prejudicial

When members are declaring a personal interest, or a personal and prejudicial interest in respect of which they have dispensation, they should specify the nature of such interest. Members should leave the room if they have a personal and prejudicial interest in respect of which they do not have a dispensation.

To consider the schedule of applications for development submitted by the Director of Development Services.

The Chairman will propose that with regard to applications on the schedule of applications for development submitted by the Director of Development Services on which there is no debate, the recommendations of the Officers be deemed to have been accepted without any modifications.

The following decisions of the Planning Inspectorate have been received by the Council regarding appeals against a decision to refuse to grant planning permission.

(a) 73 Crowmere Road Shrewsbury Ref 03/0341/O

Decision: Appeal Dismissed 20/10/03

Summary: The Inspector considered the main issues to be the impact on the character of the area and the effects on the living conditions of both the properties.

He concluded that the new dwelling would give a cramped appearance on a small triangular shaped plot, which would contrast with the more open plots in the street scene.

On the second issue he considered there would not be any detrimental effects on the living conditions of both properties.

(b)  2 Claremont Buildings Claremont Bank Ref 03/0189/F

Decision: Appeal allowed 10/10/03 and the planning permission varied to remove condition 4 but retain with a slight amendment condition 6.

Summary: The Inspector considered the key issue to be the effect on the amenities of local residents of the proposed offices/meeting rooms especially due to noise and disturbance.

He concluded that the restriction to Shropshire Mind to be unnecessary, as the activities permitted by condition 3 could be carried out by any D1 user. He did agree that the hours of operation were acceptable bearing in mind the proximity to residential properties and the nature of the proposed activities including car arrivals and extra noise caused by visitors. This disturbance was particularly likely as the access was via a communal staircase including residential.

(c) Site at Yockleton Cardeston Ford Shrewsbury Ref 02/0976/F

Decision: Appeal dismissed 10/10/03

Summary: The key issues related to whether the house would be truly outstanding as required by PPG 7 and whether its siting and associated landscaping works would significantly enhance the immediate setting and wider surroundings.

The Inspector concluded that the building was not truly outstanding in terms of its architecture in the tradition of the English Country House and lacked the essential formality and/or sense of scale of such houses. He considered however the building to be an attractive family house.

On the second issue the site was an isolated one in the countryside but the proposed works would significantly enhance the immediate setting and the surrounding area. The suggested legal agreement and conditions proposed by the appellant did not make the proposal acceptable and the balance was in favour of the Councils case.

That the appeal decisions in respect of the following applications be noted.

• 73 Crowmere Road, Shrewsbury

• 2 Claremont Buildings, Claremont Bank, Shrewsbury

• Site at Yockleton, Cardeston, Ford, Shrewsbury