Shrewsbury & Atcham
Borough Council

1. MINUTES - 27^th July 2004

That the Minutes of the meeting of the Development Control and Environmental Protection Committee held on 27^th July 2004 be confirmed as a correct record and be signed by the Chairman.

2. APOLOGIES FOR ABSENCE/NOTIFICATION OF SUBSTITUTES

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 Development Control Manager.

The Chairman will propose that with regard to applications on the schedule of applications for development submitted by the Development Control Manager 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) Site at Regents Place, Dorrington, Shrewsbury - Erection of a freestanding double post sign ref 04/0420/ADV

Decision: Appeal allowed for a temporary period 19 July 2004

Summary: The key issues in this case were the impact on the visual amenity of the streetscene and public safety. The inspector considered that the size, design and position of the sign was such that it was an acceptable feature in the streetscene. In highway safety terms the amount of information would not be digestible to passing drivers but those going to the site would park first before reading the information. A condition limiting the period of the consent was appropriate and this was set at 30 November 2004.

1. Erection of a 2 storey extension and detached garage ref 03/0752/F

Decision: Appeal part allowed for the garage and part dismissed for the extension 27 July 2004.

2. Erection of a single storey extension and detached garage ref 03/1456/F

Decision: Appeal part allowed for the detached garage and dismissed for the single storey extension 27th July 2004.

Summary: This application was refused by members contrary to officer recommendation. The key issues in both appeals were the impact of the development on the living conditions of neighbouring properties and the character and appearance of the property. In both appeals the inspector considered the garage to be acceptable due to its siting and design and limited visual impact. However both extensions led to problems related to visual intrusion to either the neighbours or the area in general due to the small site, position of these dwellings and unsympathetic design.

(c) Erection of an agricultural workers dwelling at Cruckmeole Farm - Appeal against condition number 5 which attached an occupancy condition on the existing farmhouse ref 03/1019/F

Decision: Appeal dismissed 5 Aug 2004

Summary: The main issues were whether the condition was necessary to protect the countryside and whether any special circumstances existed to outweigh planning policy such that the condition was unreasonable. The condition was attached to the existing farmhouse as 2 dwellings were justified to run the business. The house was part of the farm and would therefore have a reduced value but it would be possible to detach it by a rearrangement of the farm access and boundary. There was scope to sell the property which would put pressure to allow another dwelling in the countryside (a previous farm dwelling on the holding had been sold off after a condition was removed) in 1973. The reduction on the borrowing power of the holding due to the imposition of the condition was not as great as the appellant stated as the new dwelling would make up for any potential loss and the ability to be on site to attend to emergencies was a further compensation. Overall the need to have the condition imposed was a requirement of the permission and special circumstances to remove it were proven.

(d) Bromley House 96 Copthorne Road, Shrewsbury - Provision of a new access to the development approved under 02/1320/F ref 03/1115/F

Decision: Appeal dismissed 5 Aug 2004

Summary: The key issues were the impact of the access on the living conditions of neighbouring properties and the effect on highway safety. Although the living conditions of number 98 Copthorne Road were not ideal the change in nature of the new development from the authorised use would be such that greater numbers of vehicles would use the access and create levels of noise and disturbance which would be unacceptable. On highway safety grounds the new access is close to the Copthorne Road/Drive junction and the scheme makes little provision for service vehicles to turn safely. The cramped parking and access arrangements would result in large vehicles reversing onto Copthorne Road which would be dangerous to highway safety.

(e) The Briars, The Common, Bomere Heath - Erection of a dwelling and new access Ref 03/1471/F

Decision: Allowed 4 August 2004

Summary: The key issues were the effect on the character and appearance of the area; the effect on highway safety and the effect on the living conditions of residents with respect to outlook. The dwelling would not be unduly conspicuous though it would be near to the boundary and the loss of the garden would not be detrimental to the setting and character of the village. There would be other properties near to the site of a similar plot size and impact the new dwelling would not be unduly cramped. There would be some loss of outlook from the ground floor side windows of The Briars but as these were secondary windows the loss of outlook would not be significant. Overlooking of adjoining dwellings would be minimal due to the screening by vegetation. Finally the new shared driveway, though having slightly restricted visibility in a southerly direction, would not have a detrimental impact on highway safety due to the smaller number of vehicles visiting The Common and the proposed on site turning area.

(f) Land to rear of and at 5A Roman Road, Shrewsbury - Erection of 3 dwellings after demolition of existing dwelling Ref 03/1331/F

Decision: Appeal allowed 6 August 2004.

Summary: The key issues in this case were the effect of the proposal on the living conditions of neighbouring properties and the impact on the conservation area. The inspector considered the principle of the development acceptable as the house itself did not have special interest and the character of this part of the conservation area was derived from the frontage properties nearby. The paddock itself was also of little significance being a previous garden but it was not an essential part of the conservation area or amenity space though adjacent properties did benefit from views across it. The cul de sac arrangement was not unfamiliar in the locality and the low density allowed the new plots to be spacious. The alignment of the dwellings did not significantly deviate from the pattern of development in the area. On the issue of harm to living conditions the houses would be well spaced and sufficiently far from surrounding properties. New planting would be carried out and existing planting retained where appropriate thus reducing any unacceptable visual impacts. On matters of increased noise and disturbance the volume of traffic and domestic activity would be unlikely to cause harmful levels of activity to neighbours. The extra 2 dwellings would not add to highway safety problems and it was acceptable backland development. Finally the site had little nature conservation merits and the size of the site and planting proposed would maintain the levels of wildlife. This proposal was refused contrary to officer recommendation.

(g) Land at field 9125 Longnor - two appeals for the erection of a 12,000 bird free range egg unit and a temporary agricultural workers mobile home Refs 03/0876/F and 03/0889/F.

Decision: Appeals dismissed 10th August 2004

Summary: The key issues in these appeals were the effects on the character and appearance of the surrounding area having regard to the proximity to the AONB. The proposed siting of the units was such that they would both be highly visible away from settlements and new landscaping would not be sufficient to overcome the visual harm. There was no dispute that there was a functional need for another worker but there was a possibility that the unit could be relocated nearer to the existing dwelling to provide the necessary supervision. In conclusion both developments would detract significantly from the character and appearance of the area and the wider landscape.

The Guildhall

Shrewsbury

16/08/04

Copies of the attached reports are available in large print on request from the Committee Section at The Guildhall, Frankwell Quay, Shrewsbury, SY3 8HQ Tel. 01743 281032