Shrewsbury & Atcham
Borough Council

DEVELOPMENT CONTROL AND ENVIRONMENTAL PROTECTION COMMITTEE

11^th October 2005

PRESENT: Councillor Mrs Williams* (Chairman)

Councillors Bebb*, Bushell*, Mrs Chaplin*, Cooke, Freestone*, Mrs Jones, Kenny*, Nutting, Mrs Parsons*, Price*, Rees* and Townsend*.

(* Denotes attendance at site visits that day)

Also in Attendance: Councillor Armstrong, Clarke, Jetson, Roberts, Sambrook and Tandy

Officers in Attendance: Director of Planning Services, Planning Services Manager, Head of Development Control, Head of Planning Policy, Head of Conservation and Design, Senior Area Planning Officer, Senior Solicitor and Committee Services Assistant.

APOLOGIES FOR ABSENCE: Councillors Mrs Brennand (Councillor Mrs Jones attended as her substitute) and Ms Wild (Councillor Nutting attended as her substitute)

CHAIRMANS ANNOUNCEMENT: The Chairman announced the sad news of the death of the former Mayor, Ex-Councillor Charles Forshaw after which a minutes silence was observed.

MINUTES: 13^th September 2005 - confirmed

DECLARATIONS OF INTEREST: The following members declared their personal and/or personal and prejudicial interests in the items shown below:

Member	Minute Number and Matter
Councillor Bebb	Minute 52/05 (Item 7) – Newnham Farm, Yockleton, Shrewsbury - Personal and prejudicial interest in that the applicant was a neighbour. He left the room and took no part in the consideration of and voting on the item.
Councillor Bushell	Minute 53/05 – Land adjacent 48 Port Hill Gardens, Shrewsbury – Personal and prejudicial interest in that the applicant was well known to him. He left the room and took no part in the consideration of and voting on the item.
Councillor Cooke	Minute 52/05 (Item 7) – Newnham Farm, Yockleton, Shrewsbury – Personal interest in that the applicant was known to him.
Councilllor Nutting	Minute 52/05 (Item 13) – Gay Meadow, Abbey Foregate, Shrewsbury – Personal and prejudicial interest in that he conducted business with Shrewsbury Town Football Club. He left the room and took no part in the consideration of and voting on the item. Minute 52/05 (Item 35) – 7 St. Johns Hill, Shrewsbury – Personal and prejudicial interest in that the development was near his place of business. He left the room and took no part in the consideration of and voting on the item.
Councillor Price	Minute 52/05 (Item 13) – Gay Meadow, Abbey Foregate, Shrewsbury – Personal and prejudicial interest in that he was a Super Blues Member. He left the room and took no part in the consideration of and voting on the item. Minute 52/05 (Item 30) – Land adj. Sunnyfields, Church Lane, Bicton, Shrewsbury – Personal interest in that the applicant was known to him. Minute 54/05 – Land Adjacent Sunnyfields, Church Lane, Bicton, Shrewsbury – Personal interest in that the applicant was known to him.
Councillor Rees	Minute 52/05 (Item 1) – Land off Hanley Lane, Bayston Hill, Shrewsbury – Personal and prejudicial interest in that the main objector was well known to him. He left the room and took no part in the consideration of and voting on the item. Minute 52/05 (Item 3) – Analea, The Common, Bomere Heath, Shrewsbury – Personal interest in that he was the Borough and Parish Councillor for the ward. Minute 52/05 (Item 4) – Merrington Grange, Merrington, Bomere Heath, Shrewsbury – Personal and prejudicial interest in that he was the Borough and Parish Councillor for the ward and the objector was well known to him. He left the room and took no part in the consideration of and voting on the item. Minutes 52/05 (Item 9) – Frankwell Quay, Adjacent to Welsh Bridge, Shrewsbury – Personal interest due to his involvement as a Borough Councillor. Minute 52/05 (Item 13) – Gay Meadow, Abbey Foregate, Shrewsbury – Personal interest in that the objector was known to him.
Councillor Sambrook	Minute 52/05 (Item 13) – Gay Meadow, Abbey Foregate, Shrewsbury – Personal and prejudicial interest as his son was employed as an office manager by the Shropshire Football Association based at the Gay Meadow and would move with the football club. He left the room and took no part in the discussion.
Councillor Townsend	Minute 52/05 (Item 16) – 7 Arbourne Gardens, Shrewsbury – Personal and prejudicial interest in that his property was adjacent to the development. He left the room and took no part in the consideration of and voting on the item. Minute 53/05 – Land Adjacent to 48 Port Hill Gardens, Shrewsbury – Personal interest in that an objector was known to him.
All Members	Minute 52/05 (Item 20) – Oteley Island, Oteley Road, Shrewsbury – Personal interest in that the applicant was a past Borough Councillor. Minute 52/05 (Item 21) – 38 Pendle Way, Shrewsbury – Personal interest in that the applicant was a Borough Councillor.
Mr W. Barraball	Minute 52/05 (Item 16) – 7 Arbourne Gardens, Shrewsbury – Personal interest in that he was the former owner of the property. He left the room during the consideration of and voting on the item.

52/05 APPLICATIONS FOR DEVELOPMENT

The Planning Services Manager submitted a schedule of applications for development with his recommendations detailed thereon. In addition to the objections and representations detailed on the schedule, the Committee also considered further schedules of additional objections/representations received, copies of which are attached to the signed minutes, which were circulated at the meeting.

Councillor Bebb indicated that in relation to item 1 – Land off Hanley Lane, Bayston Hill, Shrewsbury, as a member of Cabinet he had been involved in the pre-determination of this application. In accordance with the Local Protocol for Councillors and Officers dealing with Planning Matters, he left the Council Chamber and took no part in the consideration of and voting on the application.

Councillor Cooke indicated that in relation to item 1 – Land off Hanley Lane, Bayston Hill, Shrewsbury, as a member of Cabinet he had be involved in the pre-determination of this application. In accordance with the Local Protocol for Councillors and Officers dealing with Planning Matters, he left the Council Chamber and took no part in the consideration of and voting on the application.

Councillor Mrs Jones indicated that in relation to item 1 – Land off Hanley Lane, Bayston Hill, Shrewsbury, as a member of Cabinet she had been involved in the pre-determination of this application. In accordance with the Local Protocol for Councillors and Officers dealing with Planning Matters, she left the Council Chamber and took no part in the consideration of and voting on the application.

Councillor Nutting indicated that in relation to item 1 – Land off Hanley Lane, Bayston Hill, Shrewsbury, as a member of Cabinet he had been involved in the pre-determination of this application. In accordance with the Local Protocol for Councillors and Officers dealing with Planning Matters, he left the Council Chamber and took no part in the consideration of and voting on the application.

Councillor Mrs Parsons indicated that in relation to item 20 – Oteley Island, Oteley Road, Shrewsbury she did not have a personal interest but had expressed the view that she was opposed to the application. In accordance with paragraphs 8.7 and 8.8 of the Local Protocol for Councillors and Officers dealing with Planning Matters, she made a statement on the application and then left the Council Chamber and took no part in the consideration of and voting on the application.

Councillor Price indicated that in relation to item 1 – Land off Hanley Lane, Bayston Hill, Shrewsbury, as a member of Cabinet he had been involved in the pre-determination of this application. In accordance with the Local Protocol for Councillors and Officers dealing with Planning Matters, he left the Council Chamber and took no part in the consideration of and voting on the application.

Councillor Mrs Williams indicated that in relation to item 1 – Land off Hanley Lane, Bayston Hill, Shrewsbury, as a member of Cabinet she had been involved in the pre-determination of this application. In accordance with the Local Protocol for Councillors and Officers dealing with Planning Matters, she left the Council Chamber and took no part in the consideration of and voting on the application.

Members had made visits to the following sites prior to the start of the meeting:

• Hanley Lane, Bayston Hill;
• Great Lyth Farm, Great Lyth;
• 29 Radbrook Road, Shrewsbury;
• Land adj. 48 Porthill Gardens, Shrewsbury;
• The Bricklayer’s Arms, Copthorne, Shrewsbury;
• Shoothill House, Shoothill, Ford;
• Land adj. Sunnyfields, Church Lane, Bicton;
• 50 Longden Coleham, Shrewsbury;
• MBM, 292 Monkmoor Road, Shrewsbury;
• 22 Coseley Avenue, Monkmoor, Shrewsbury;
• Talbot House, Market Street, Shrewsbury;
• Drayton’s Passage, 5-6 Shoplatch, Shrewsbury;
• 7 St. John’s Hill, Shrewsbury; and
• Frankwell Quay, Frankwell, Shrewsbury.

The following Members spoke on the applications stated:

Member:	Application:
Councillor Armstrong	Minute No 52/05 (Item 31) – 36 Much Wenlock Road, Buildwas, Telford, Shropshire
Councillor Clarke	Minute No 52/05 (Item 1) - Land off Hanley Lane, Bayston Hill, Shrewsbury.
Councillor Richey	Minute No 52/05 (Item 13) – Gay Meadow, Abbey Foregate, Shrewsbury.
Councillor Roberts	Minute No 52/05 (Item 32) – Shoothill House, Shoothill, Ford, Shrewsbury.
Councillor Sambrook	Minute No 52/05 (Item 19) – MBM-West Midlands, 292 Monkmoor Road, Shrewsbury. Minute No 52/05 (Item 23) – 22 Coseley Avenue, Shrewsbury.
Councillor Tandy	Minute No 52/05 (Item 9) – Frankwell Quay, adjacent to Welsh Bridge, Shrewsbury. Minute No 52/05 (Item 20) – Oteley Island, Oteley Road, Shrewsbury.

The following members of the public were permitted to speak on the application stated in accordance with the Council’s scheme for public speaking on planning applications:

Application:		Member of the public:
Minute 52/05 (Item 1) – Land off Hanley Lane, Bayston Hill, Shrewsbury		Mr Neave spoke against the proposals.
Minute 52/05 (Item 4) – Merrington Grange, Merrington, Bomere Heath, Shrewsbury		Mr Davies spoke against the proposals. Mrs Kwaterski, the applicant, responded.
Minute 52/05 (Item 9) – Frankwell Quay, Adjacent the Welsh Bridge, Shrewsbury		Mr Bullard spoke against the proposals.
Minute 52/05 (Item 10) – 29 Radbrook Road, Shrewsbury		Mr Elms spoke against the proposals. Mr Edwards, the applicant, responded.
Minute 52/05 (Item 13) – Gay Meadow, Abbey Foregate, Shrewsbury		Mr Watson spoke against the proposals.
Minute 52/05 (Item 18) – Talbot House, Market Street, Shrewsbury		Mr Trelawny spoke against the proposals.
Minute 52/05 (Item 25) – The Bricklayers Arms, Copthorne Road, Shrewsbury		Mrs Rouen spoke against the proposals.

(Councillor Bebb was not in attendance for Minute 52/05 (Item 18) in its entirety and took no involvement in the discussion or decision made by the Committee on the application.)

(Councillor Mrs Jones was not in attendance for Minute 52/05 (Item 20) in its entirety and took no involvement in the discussion or decision made by the Committee on the application.)

(Councillor Townsend was not in attendance for Minute 52/05 (Item 19) in its entirety and took no involvement in the discussion or decision made by the Committee on the application.)

RESOLVED:

That, subject to the amendments set out below, the recommendations of the Planning Services Manager, as contained in the Schedule of Applications (a copy of which is attached to the signed minutes), be approved:

Item 1: 05/0922/F – Land off Hanley Lane, Bayston Hill, Shrewsbury

Include the following:

Subject to a S106 agreement for the provision of affordable housing and Government Office for the West Midlands not wishing to call in the application for decision.

Item 7: 05/1190/F – Newnham Farm, Yockleton, Shrewsbury

Members of the Development Control and Environmental Protection Committee determined that the application be refused contrary to Officers advice for the following reasons:

In the opinion of the Local Planning Authority, it was considered that the proposal would be visually detrimental and harmful to the character of this open area of countryside and was contrary to Borough Local Plan policy LNC3.

Item 9: 05/0880/DDM - Frankwell Quay, Adjacent to Welsh Bridge, Shrewsbury

Include the following:

Subject to a S106 agreement for provision of commuted maintenance sum to the Environment Agency and Government Office for the West Midlands not wishing to call in the application for decision.

Item 12: 05/1072/DDM – Frankwell Quay Public Car Park, adj Whitehouse Mews, Frankwell, Shrewsbury

Include the following:

Subject to the Government Office for the West Midlands not wishing to call in the application for decision.

Item 13: 05/1073/VAR – Gay Meadow, Abbey Foregate, Shrewsbury

Members of the Development Control and Environmental Protection Committee determined that the application be refused contrary to Officers advice for the following reasons:

In the opinion of the Local Planning Authority, it was considered that to allow this proposal would not ensure that an operable replacement football stadium was provided and would also result in unacceptable light pollution to nearby residential properties and was contrary to the Joint Structure Plan policy PI5 and Borough Local Plan policies GP1 and INF5.

Item 19: 05/1216/F – MBM-West Midlands, 292 Monkmoor Road, Shrewsbury

Include the following:

The site shall not be open for business after 17:00 hours Monday to Friday or before 07:30 hours on any day and after 13:00 hours on Saturdays. The premises shall not be open at all on Sundays.

Reason: In order to protect the neighbouring residential properties from excessive noise and disturbance and to protect their residential amenity.

Item 23: 05/1264/F – 22 Coseley Avenue, Shrewsbury

Members of the Development Control and Environmental Protection Committee determined that the application be refused contrary to Officers advice for the following reasons:

In the opinion of the Local Planning Authority, it was considered that the height and location of the fence would be visually detrimental to the residential amenity of the neighbouring property and was contrary to Borough Local Plan policy GP1.

Item 25: 05/1275/F – The Bricklayers Arms, Copthorne Road, Shrewsbury

Members of the Development Control and Environmental Protection Committee determined that the application be refused contrary to Officers advice for the following reasons:

In the opinion of the Local Planning Authority, it was considered that the proposed extension and chimney would be visually obtrusive to neighbouring properties and the street scene and the proposed extraction equipment and method of odour abatement would cause unacceptable nuisance to neighbouring properties and was contrary to Borough Local Plan policy GP1.

Item 27: 05/1292/VAR – Lee Fung House, 5 Hereford Road, Shrewsbury

Members of the Development Control and Environmental Protection Committee determined that the application be refused contrary to Officers advice for the following reasons:

In the opinion of the Local Planning Authority, it was considered that the increased hour of opening would lead to noise and disturbance to neighbouring properties in this primary residential area and was contrary to Borough Local Plan policy GP1.

Item 30: 05/1312/VAR – Land adj. Sunnyfields, Church Lane, Bicton, Shrewsbury

The Development Control and Environmental Protection Committee determined that the application be approved for the following reasons:

Z102I… The level of obscure glazing and method of opening would result in a level of visibility that would not cause unacceptable loss of privacy to neighbouring properties.

Include the following conditions:

G10I (plans received 7^th September 2005);

Within a period of twelve months from the date when any part of the development is brought into use, the landscaping scheme as shown on drawing(s) received on the 21^st February 2005, or any other scheme approved in writing by the Local Planning Authority, shall be carried out. All planting shall be maintained and any trees or plants which within a period of five years from the date of planting, are removed, die, or become seriously damaged or diseased, shall be replaced in the next planning season with others of similar size and species, unless the Local Planning Authority gives consent to any variation.

Reason: To ensure a satisfactory appearance to the development;

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, Schedule 2, Part 1, Class A, B and C, (or any Order amending or revoking and re-enacting that order), the enlargement, improvement or other alteration of the dwelling shall not be carried out without the express written consent of the Local Planning Authority.

Reason: To maintain the appearance and character of the development.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, Schedule 2, Part 1, Class E, (or any Order amending or revoking and re-enacting the Order), the erection of any freestanding structure within the curtilage of the property shall not be carried out without the express written consent of the Local Planning Authority.

Reason: To maintain the appearance and character of the development;

No windows, except for those shown on the approved plan, shall be inserted in the north west and south east facing elevation at first floor level without the prior written approval of the Local Planning Authority.

Reason: To protect the privacy of the adjacent neighbours; and

The obscure glazed first floor windows on the north east facing elevation shall be permanently retained as such and shall be as per the details shown on plan and photograph dated 7 September 2005 with a maximum opening gap of 100 mm in normal use.

Reason: To protect the privacy of the adjacent neighbours dwellings.

Include the following informative:

Z100.

Item 31: 05/1269/F – 36 Much Wenlock Road, Buildwas, Telford

The Development Control and Environmental Protection Committee determined that the application be approved for the following reasons:

Z102I… The proposed extension would not be visually out of scale or character with the appearance of the building or locality in general.

Include the following additional conditions and informatives:

GO1; G10I (plans received 31^st August 2005); MO1 and Z100.

Item 32: 05/1092/F – Shoothill Farm, Shoothill, Ford, Shrewsbury

The Development Control and Environmental Protection Committee determined that the application be approved for the following reasons:

Z102I… The tennis court and embankment were not unduly prominent to public view and with associated landscaping of the court and embankment would be visually acceptable in this location.

Include the following additional conditions:

G10I (plans received 28^th July 2005);

Within a period of 1 month from the date of approval a full landscaping scheme for the planting of trees and shrubs to the outer boundary of the tennis court should be submitted for the prior written approval of the Local Planning Authority and the scheme fully implemented within the first planing season after the written approval. All planing shall be maintained … continue as T13I.

No floodlighting shall be provided to the tennis courts.

Reason: In order to protect the visual amenity and character of the locality.

Include the following informative:

Z100.

 

53/05 LAND ADJACENT TO 48 PORT HILL GARDENS, SHREWSBURY

Consideration was given to a report of the Planning Services Manager in respect of proposed amendments to planning permission 04/1213/F granted on 6^th October 2005 for land adjacent 48 Port Hill Gardens, Shrewsbury.

RESOLVED:

That the revised plans be accepted and approved as an amendment to Planning Permission 04/1213/F in respect of land adjacent to 48 Port Hill Gardens, Shrewsbury.

 

54/05 LAND ADJACENT SUNNYFIELDS, CHURCH LANE, BICTON, SHREWSBURY

Consideration was given to a report of the Planning Services Manager in respect of proposed amendments to planning permission 05/0054/F approved on the 18^th March 2005 for the erection of a single detached dwelling (amended description) and land adjacent to Sunnyfields, Church Lane, Bicton, Shrewsbury.

RESOLVED:

That the drawings received on the 5^th September and 7^th September 2005 in respect of land adjacent to Sunnyfields, Church Lane, Bicton, Shrewsbury, be accepted as an amendment to the planning permission 05/0054/F approved on the 18^th March 2005.

 

55/05 PLANNING APPEALS

Consideration was given to appeal decisions by the Planning Inspectorate in respect of the following sites, which had been received by the Planning Services Manager:

1. Land adjacent to 50 Roman Road Shrewsbury Ref: 05/0430/O – Appeal dismissed 12^th September 2005.
2. Cane & Wicker, Hartley Business Centre, 272-284 Monkmoor Road – erection of an 18, monopole with 6 antennae, radio dish and ancillary cabin and equipment Ref: 04/1391/F – Appeal dismissed 20^th September 2005.
3. 2 Willowray Cottages, Shepherds Lane, Bicton Heath – erection of two storey extension with balcony and new roof extension to garage with external steps Ref: 05/0154/F – Split: side extension dismissed, 2 storey and pitched roof over garage allowed 15^th September 2005.
4. 1 Ashford Park, Pontesbury – erection of single attached garage and rear porch following conversion of existing garage to study Ref: 05/0475/F – Appeal allowed 8^th September 2005.
5. Land at rear of 70 Sundorne Road, Shrewsbury – erection of 4 dwellings with integral garages Ref: 05/0003/O – Appeal dismissed 15^th September 2005.
6. Burnell House, Chavel, Ford – erection of two dwellings following demolition of existing dwelling and formation of new vehicular access Ref: 05/0334/O – Appeal dismissed 20^th September 2005.
7. Land at 9 Swift Close, Shrewsbury – proposal to fell 3 oak trees Ref: 04/1627/TPO – Appeal dismissed 20^th September 2005.
8. 19 Kennedy Road, Shrewsbury – proposal to fell 2 Lawson’s Cypress trees Ref: 05/0148/TPO – Appeal allowed subject to replanting 22^nd September 2005.

RESOLVED:

That the decisions for the above appeals be noted.

 

5.30 p.m. – 9.08 p.m.