PLANNING SUBCOMMITTEE

17 January 2001

(9.30am – 4.25pm)

 

PRESENT:   Councillors Slatter (Chair), Blencowe, Cowell, Dryden, Harrison, Hipkin, Nimmo-Smith, M Schofield, Smart, Smith. 

 

FOR THE INFORMATION OF THE COUNCIL

 

01/j/1   Minutes

 

Confirmation of the minutes of 15 November was deferred until the next meeting.

 

01/j/2   Apologies

 

There were no apologies for absence.

 

01/j/3   DECLARATIONS OF INTEREST

 

Councillor Nimmo-Smith declared a pecuniary interest in relation to Tree Works Application TWA/223/00 as an employee of the Medical Research Council and left the room for the duration of discussion of the item.

 

Code of Conduct (non-financial) interests were declared as follows:

 

            Councillor Cowell, in relation to application C/00/0817, Land to rear of 52 Beche Road, as he was known to the applicant.

            Councillor Dryden, in relation to application C/00/1068, City Haven Guest House, as he was known to the applicant’s husband.

            Councillor Hipkin, in relation to application C/00/1151, 49 New Square, as he was a friend of the applicants.

            Councillor Nimmo-Smith, in relation to application C/00/1038, 38A George Street, as he was known to the applicants.

 

01/j/4   Planning Applications

 

A summary of decisions on applications for planning consent is set out in the appendix to these minutes. Full details of the decisions, conditions of permissions and reasons for refusals may be inspected in the Environment and Planning Department.

 

Resolved  that

 

  1. Planning applications considered by the Subcommittee be determined as set out in appendix 1 to these minutes.

 

  1. Conditions or grounds for refusal, which the subcommittee had delegated to the Director of Environment and Planning to draw up during the course of the meeting, following consultation with the Chair and Spokesperson, be as set out in appendix 2 to these minutes.

 

01/j/5   BVFSR OF DEVELOPMENT CONTROL - FINAL REPORT

 

The report by the Director of Environment and Planning summarised the findings of the Best Value Inspection Report on the Development Control Service and set out the Action Plan for continuous improvement.

 

The report would subsequently also be considered by the Best Value Fundamental Services Review and Audit Working Party and the Environment Committee.

 

The service was the first in the country to have been inspected and it was felt that the award of two stars was a significant achievement which compared well with other reviews carried out nationally. The report went on to respond in detail to the Final Report and drew conclusions on the matters which had been highlighted in the recommendations. The appendices to the report listed the Action Plan and service improvements arising from the Action Plan which were considered to be priorities for achievement in 2001/2002.

 

The Inspection Report, among the other recommendations, had drawn attention to the need for additional resources, which had been taken into account in the budget setting process.

 

Members reviewed the Action Plan and commented on:

 

 

Resolved that

 

  1. The outcome of the Best Value Inspection Report on development control be noted.
  2. The response to the findings and to the recommendations of the Inspection Report, set out in paragraph 4 of the Director of Environment and Planning’s report be agreed.
  3. It be noted that the bid for additional resources would be made through the budget process and not by any further bid to Environment Committee at the present time.
  4.  The implementation of the Action Plan be monitored by the Subcommittee every six months.

 

01/j/6   OBJECTION TO TREE WORKS APPLICATION – 1 NORWICH STREET, TWA/223/00

 

The report by the Director of Environment and Planning reported that an objection had been received to a Conservation Area Notification to fell one sycamore tree at 1 Norwich Street. On inspection the tree was not currently causing structural damage to the walls to which it abutted; however, it was likely, during growth to exert lateral pressure on one or both walls, leading to collapse. The tree is acknowledged to have significant amenity value, which was the basis for the objection by a neighbour to its loss, but continued growth would lead to damage to the boundary walls. The applicant had undertaken to replace the tree with a more suitable specie in a more appropriate position.

 

Resolved that no objection be made to the felling of one sycamore at 1 Norwich Street.

 

01/j/7   OBJECTION TO TREE WORKS APPLICATION – 15 CHAUCER ROAD, TWA/242/00

 

Under the Public Speaking Rights adopted by the Council at meetings of the Subcommittee,  Dr H Pritchard, a local resident, spoke on this application.

 

The report by the Director of Environment and Planning reported that an objection had been received to a Notification to fell one conifer tree at 15 Chaucer Road. The reason for the removal of the tree was that it blocked light to the building and obstructed access to part of the garden.

 

On inspection, the tree was found to be a mature spruce growing in close proximity to a new extension in which the light levels were reduced by the dark, year-round canopy. Planning permission for the extension, granted in May 2000, had incorporated the removal of trees necessary to allow construction; the spruce had not been identified in that permission and a condition had protected trees on the site during construction to protect the visual amenity of the area and ensure their long term retention. The specie was not long lived in the eastern side of the country as, generally, conditions were too dry.

 

The tree’s removal would not have a significant impact on the character of the area although it would reduce screening from 17 Chaucer Road.

 

A further Notification had been received for the felling of several more trees on the site, on the grounds of their poor condition and the need to facilitate the rebuilding of a dangerous boundary wall. The consultation period on this Notification had not yet expired.

 

Members were concerned that the visual amenity should be protected, although the reasons given by the applicant were accepted. The applicant had suggested the replacement of the tree with a more suitable specie and in a more appropriate location to take account of the neighbour’s comment on the removal of screening and effect on the visual amenity.

 

Resolved that

 

A tree preservation order be made under the Town and Country Planning (Trees) Regulations, 1999 relating to the Spruce tree adjacent to the new extension on the basis that this would provide the opportunity for a replacement landscape to be planted and established to provide similar visual amenity and allow the subsequent removal of the spruce.

 

Councillor Nimmo-Smith declared a pecuniary interest as an employee of the Medical Research Council, the applicants, and left the room for the duration of the discussion of the item.

 

01/j/8   GUIDANCE FOR THE INTERPRETATION AND IMPLEMENTATION OF OPEN SPACE STANDARDS

 

The report by the Director of Environment and Planning updated the guidance adopted by the subcommittee in January 2000 for interpreting and implementing the Council’s Open Space Standards.

 

Resolved that:

  1. The approach taken to the implementation of Open Space Standards be endorsed, specifically that they should be applied to all residential developments, as set out in the report.
  2. The revised Guidance for Interpretation and Implementation of the Open Space Standards included as Appendix 1 of this report be adopted for all applications for residential developments received after 17 January 2001.
  3. £25,000 of existing contributions received under Section 106 Agreements from the implementation of the open space standards be spent on the preparation of an open space strategy to establish priorities for the creation and improvement of open space within the City. This Strategy will be linked with and form part of the city-wide Section 106 infrastructure strategy that is being prepared.
  4. Existing delegated powers be amended to enable officers to deal with Section 106 agreements to secure commuted sums associated with the determination of applications for residential development.

 

01/j/9   ROOF EXTENSION DESIGN GUIDE

 

The report by the Director of Environment and Planning responded to the need for Supplementary Planning Guidance which gave clear advice to the public before the submission of planning and other applications for minor alterations to properties. This was identified in the Cambridge Local Plan and highlighted by the Best Value Inspection Report on the Development Control Service. In particular the increase in number of applications for loft conversions had often proved controversial and led to debate at the Subcommittee.

 

Resolved that the Roof Extensions Design Guide be approved as supplementary planning guidance, following consultation on final details with the Chair and Spokesperson.

Appendix

PLANNING SUBCOMMITTEE

17 January 2001

 

1

No:                 C/00/1221/FP

Site:               Depot adjacent to The Junction, Clifton Road, Cambridge 

Proposal:     Temporary change of use from warehouse (formerly Pickfords) (Class B8) to winter night shelter (sui generis) from 19 January 2001 to 31 March 2001. 

Applicant:     English Churches Housing Group                          

Withdrawn

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2

No:                 C/00/1053/FP

Site:               21-25 Union Lane, Cambridge, CB4 1PR 

Proposal:     Erection of 9 two bedroom houses and 2 one bedroom houses on existing workshop site and conversion of part of existing site office to residential use (remainder of office to be demolished). 

Applicant:     M.O.I.L                                   

REFUSED    (by 8 votes to 0) on the following grounds:

  1. Undesirable form of development, proximity of buildings to the private garden and rear elevation of 27 Union Lane, significant and harmful loss of privacy to the occupiers of 27 Union Lane, overbearing relationship with that property, contrary to policies SP12/10 of the Cambridgeshire Structure Plan 1995, and BE2 of the Cambridge Local Plan  1996 and the yardsticks of fairness and good neighbourliness set out in para 64 of PPG1 General Policy and Principles 1997.
  2. Failure to provide adequate highway infrastructure to serve the amenity of the future residents or to allow for the safety and convenience of pedestrians, undue constraint on the highway elements, contrary to Policy SP7/8 of the Cambridgeshire Structure Plan 1995, and Policies TR15 and TR27 of the Cambridge Local Plan  1996.
  3. Failure to demonstrate that contamination levels on the site are such that remediation measures can be implemented to achieve a satisfactory and safe living environment for future occupants of the proposed houses, contrary to policy EO12 of the Cambridge Local Plan 1996 and advice in PPG23 Planning and Pollution Control (1994).
  4. Overdevelopment, excessive number of units proposed on a relatively small site, the poor relationship of the proposed new build houses with the adjoining property 27 Union Lane, the failure to respond to the character of the local environment and the constraints of the specific site, and the lack of adequate access and proper highway measures, contrary to policies SP 12/10 and 12/12, and SP18/16 of the Cambridgeshire Structure Plan 1995 and BE1, BE2, BE4 and HO5 of the Cambridge Local Plan 1996 and advice in PPG3 Housing (2000).
  5. Failure to address the provision of community facilities, education needs and open space requirements, contrary to policies SP8/1 and CS3, CS9, RL3 and RL4 of the Cambridge Local Plan 1996.

And the applicants attention was to be drawn to the following informatives:

1.      Any subsequent application to be checked to ensure that the application form and plans are not contradictory and adequately describe the proposal; Paras 16 and A4 of PPG1 General Policy and Principles (1997) encourage applicants to take account of urban design in their proposals and submit a statement  setting out the design principles adopted.

  1. The highway infrastructure is inadequate in a number of respects.

3.      In relation to the desk top study for possible contamination, the relevant guidance listed should be referred to.

4.      Because of the variety of buildings present, there was the possibility of asbestos material being present in the building fabric, the removal of any asbestos material should be undertaken in accordance with the appropriate Regulations and Codes of Practice regarding health and safety.

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3

No:                 C/00/0182/RM

Site:               Former Philips/Unicam site, 130 York Street, Cambridge, CB1 2PX 

Proposal:     Erection of 4 4-bed houses, 74 3-bed houses, 8 2-bed houses, 54 2-bed flats and 92 1-bed flats creating a total of 232 new dwelling units in 2 storey to 3-4 storey form plus basement (Class C3) 

Applicant:     Wilcon Homes Anglia                                  

PSR:              Under the Public Speaking Rights adopted by the Council at meetings of the Subcommittee,  Mrs B Howard-Smith, a local resident, and Mr B Fill, agent for the applicant, spoke on this application. At the invitation of the Chair Mrs G Mallyon, a local resident, also spoke on the application to clarify a specific objection relating to the proximity of the proposed buildings to the boundary..

REFUSED    on the grounds set out on the sheet annexed to these minutes, following consultation with the Chair and Spokesperson.

 

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4

No:                 C/00/0183/RM - This application is a duplicate of C/00/0182, see above.

Site:               Former Philips/Unicam Site, 130 York Street, Cambridge, CB1 2PX 

Proposal:     Erection of 4 4-bed houses, 74 3-bed houses, 8 2-bed houses, 54 2-bed flats and 92 1-bed flats creating a total of 232 new dwelling units in 2 storey to 3-4 storey form plus basement (Class C3). 

Applicant:     Wilcon Homes Anglia                                  

REFUSED    on the grounds set out on the sheet annexed to these minutes, following consultation with the Chair and Spokesperson.

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5

No:                 C/00/0817/FP

Site:               Land to the rear of, 52 Beche Road, Cambridge, CB5 8HU 

Proposal:     Erection of six terraced houses following the demolition of the existing buildings.  

Applicant:     Dean & Dean                                   

                        Fulbourn, Cambridge

D of I:             Councillor Cowell, as he was known to the applicant.

APPROVE    (by 8 votes to 1) subject to the following conditions:

1.      Standard Time - Full Permissions (CO1)

2.      Materials samples (C11)

3.      Sample Panel (C15)

4.      Provision and retention of Car Parking (C21)

5.      Hard and Soft Landscape Works (C31)

6.      Boundary Treatment (implementation before occupation) (C37A)

  1. The boundary treatment required by condition 6 above shall specifically provide for 1.8 high brick with copping walls to the adjoining garden boundaries of 52 and 56 Beche Road, and brick faced retaining walls to all other boundaries where required because of the difference in levels between the application site and adjoining land.

8.      Details of planting implementation (Trees) (C53)

9.      Replacement Trees and Shrubs (C54)

10. Construction Hours (C63)

11. Details of Contractors operations (C64)

12. Permitted Development Restriction (extensions) (C80)

13. Permitted Development Exclusion (windows or dormers) (C81)

  1. Prior to the commencement of work on site full details of the proposed method of screening the roof deck/balcony shall be submitted to and agreed by the local planning authority in writing.  The agreed method of screening shall be erected prior to the first occupation of any of the houses hereby approved and shall thereafter be retained unless prior written consent of the local planning authority is obtained.
  2. Details of the construction of the access.
  3.  Prior to the commencement of the development full details of the finished levels of both the site and the buildings shall be submitted to and approved by the local planning authority.

And the following Informative:

1.      Roadway to include features to ensure safety of pedestrian and vehicular traffic

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6

No:                 C/00/0969/FP

Site:               Stourbridge House, Riverside, Cambridge, CB5 8EY 

Proposal:     Replacement of existing flat roof with pitched roof.   

Applicant:     Stourbridge House Residents As                          

                        C/o Januarys Chartered Surveyors

PSR:              Under the Public Speaking Rights adopted by the Council at meetings of the Subcommittee,  Ms M J Careyette, a local resident, spoke on the application.

APPROVE    (by 8 votes to 1) subject to the following conditions:

1.      Standard Time - Full Permissions (CO1)

2.      Materials samples (C11)

3.      Permitted Development Exclusion (windows or dormers) (C81A)

4.      Construction Hours (C63)

 

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7

No:                 C/00/1011/FP

Site:               30 Gwydir Street, Cambridge, CB1 2LL 

Proposal:     Erection of building to incorporate garage, study and storage for residential use within the same planning unit, and ancillary to No34 Gwydir Street. 

Applicant:     J M Blakemore                                 

WITHDRAWN

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8

No:                 C/00/1046/FP

Site:               Islamic Centre, adjacent to, 1 Mawson Road, Cambridge, CB1 2DZ 

Proposal:     Extension to mosque at rear to form enlargened assembly room - to replace building recently demolished.  

Applicant:     Mr Malik, Abubakrsiddiq Islamic Centre

APPROVED (by 6 votes to 0) subject to the following conditions:

1.      Standard Time - Full Permissions (CO1)

2.      Construction Hours (C63)

  1. The 2 doors on the north side of the extension, which front onto the side passageway, shall be kept shut during the use of the hall, and shall be used for fire escape purposes only.
  2. The roof-light windows hereby approved shall be fixed and non-openable.
  3. Details of contractors operations (C64)
  4. con105

And the following informatives:

  1. The proposal may be refused at Building Regulations stage, and the applicants will need to contact Anglian Water with regard to building within 3 metres of a public sewer.
  2. The applicants shall need to ensure adequate ventilation of the hall, but any mechanical or other vents need to be carefully located or insulated to ensure there is no noise breakout.
  3. Considerate Contractor Scheme (A105)

 

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9

No:                 C/00/1068/OP

Site:               City Haven Guest House, 20 St Margarets Square, Cambridge, CB1 4AP 

Proposal:     Outline application for demolition of existing guest house and redevelopment of one building containing 11 flats and 2 bungalows.  

Applicant:     Mrs T Parkins                                   

D of I:             Councillor Dryden, as he was known to the applicant’s husband.

APPROVED (by 8 votes to 0) subject to satisfactory completion of a Section 106 Agreement with the following Heads of Terms:

  1. Payment of a commuted sum of £18,005 for provision of improvement of formal and informal open space, and children’s play area.
  2. Payment of a commuted sum of £”0,000 for additional facilities at primary schools.

And the following conditions:

1.      Standard Time - Outline Permissions (CO4)

2.      Reserved Matters details (CO5)

3.      Materials samples (C11)

4.      Sample Panel (C15)

5.      Hard and Soft Landscape works (customised version) (C31A)

6.      Landscape works maintenance (C34)

7.      Parking, loading, turning provision (C20)

  1. No development shall commence until details of facilities for the covered, secured parking of bicycles for use by the occupiers of the flats hereby permitted have been submitted to and approved by the local planning authority in writing.  The approved facilities shall be provided in accordance with the approved details before use of the development commences.
  2. Cycle parking - 2 cycles per bungalow

10. Boundary Treatment (implementation before use commences) (C37)

11. Permitted Development Restriction (extensions) (C80)

12. Construction Hours (C63)

13. Details of Contractors operations (C64)

  1. Visibility splay to the back of the pavement at the vehicular access point.

15. Permitted Development Exclusion (windows or dormers) (C81)

  1. Details of foul and surface water drainage for the site
  2. Detailed footprint and design of the bungalows to be resubmitted.

And the following informatives:

  1. Contact the Highway Authority, or it’s Agent, to arrange construction of any works within, or disturbance of, or interference with, the Public Highway, and that all costs associated with such works shall be borne by the developer.
  2. The developer will neither be permitted to drain roof water over the public highway, nor across it in a surface channel, but must make arrangements to install a piped drainage connexion.
  3. No window nor door will be allowed to open over a highway and no foundation or footing for the structure will be allowed to encroach under the Public Highway.
  4. The granting of planning permission does not constitute a permission or licence to a developer to carry out any works within, or disturbance of, or interference with, the Public Highway, and that a separate permission must be sought from the Highways Authority for such works.

5.      Section 106 obligation (AI04)

  1. The developer is advised that the demolition is bought to the attention of the City Council’s Building Control Section in The Guildhall.
  2. Improvement of relationship of bungalows in terms of position and size.
  3.  Form of entrance to the car park from St Margaret’s Square.
  4. Ground floor flats and two bungalows should be designed to allow access by and to be easily used by the disabled.

 

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10

No:                 C/00/1061/FP

Site:               47 High Street, Trumpington, Cambridge 

Proposal:     Two storey side extension to existing office.   

Applicant:     Mr & Mrs G A Laurie                        

APPROVED (by 8 votes to 0) subject to the following conditions:

1.      Standard Time - Full Permissions (CO1)

2.      Materials samples (C11)

3.      Cycle Parking (CO22)

  1. Provision shall be made for one disabled parking space in accordance with plan T012/106 and shall thereafter be retained for no purpose other than disabled parking.

5.      Construction Hours (C63)

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11

No:                 C/00/1153/FP

Site:               Murkett Brothers Ltd, 137 Histon Road, Cambridge, CB4 3JD 

Proposal:     Change of use of garden to rear of 129 Histon Road to vehicular parking in association with motor dealership and creation of new window to offices within Parts Department. 

Applicant:     Murkett Brothers Limited                             

APPROVED (by 8 votes to 0) subject to the following conditions:

1.      Standard Time - Full Permissions (CO1)

2.      Matching materials (extensions) (C13)

3.      Provision and retention of Car Parking (C21)

4.      Cycle Parking (CO22)

  1. Hours of deliveries and collections.
  2. Details of security posts and removable hoops.
  3. Hours of lowering or removal of security posts and removable hoops.
  4. Hard and soft landscaping works, including full details of the landscape buffer along the boundary with 127 Histon Road.

9.      Landscape works maintenance (C34)

10. Hard and Soft Landscape implementation (C35)

11. Boundary Treatment (implementation before use commences) (C37)

12. Floodlighting details (C38)

  1. Operational hours of all new floodlighting within the premises.

14. Tree Protection (C55)

15. Noise Insulation (C62)

16. Construction Hours (C63)

17. Details of Contractors operations (C64)

 

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12

No:                 C/00/0723/FP

Site:               8 Market Passage, Cambridge, CB2 3QR 

Proposal:     Conversion of existing building into a mixed wine bar and leisure use with new residential accommodation for manager and staff.  

Applicant:     McMullen & Sons Ltd

                        Councillor Harrison’s proposal that an additional condition to limit the hours limiting overflow use of the of the first floor area to Friday and Saturday evenings was lost by 2 votes to 6.

APPROVED (by 9 votes to 0) subject to satisfactory completion of a Section 106 Agreement with the following Heads of Terms:

  1. Ensure that ‘all reasonable endeavours are made to promote the arts and entertainment use’.
  2. Retain the physical equipment and structural elements required for the functioning of the first floor as a multipurpose arts and entertainment venue.
  3. Secure the payment of £12,500 in lieu of parking provision.
  4. Secure £20,000 in contributions towards the operation of the night bus.
  5. Secure £20,000 towards environmental improvements in Market Passage.

And the following conditions:

1.      Standard Time - Full Permissions (CO1)

2.      Materials samples (C11)

  1. Details at a scale of 1:20 showing all new windows and doors, including vertical and horizontal sections and including the masonry surrounding the windows etc.

4.      Cycle parking (numbers to be specified) (C22A)

  1. Details of the proposed CCTV cameras (including scale drawings of their appearance and positions).
  2. Detailed drawings of all external plant.
  3. Hours of opening.
  4. Hours of deliveries and collections to the premises.

9.      Fume Filtration/Extraction (C60)

10. Noise Insulation (C62)

11. Construction Hours (C63)

  1. The second floor residential element hereby permitted shall be used solely in conjunction with and ancillary to the ground and first floor uses and shall not be used, occupied or let separately.
  2. The premises shall be used as a café/wine bar on the ground floor and multipurpose arts and entertainment venue on the first floor (Sui generis) and for no other purpose (including any other purpose in Class A3 or D2 – of the schedule to the Town and Country Planning (Use Classes) Order 1987, or any provisions equivalent to that Class in any statutory instrument revoking and re-enacting that Order or without modification).
  3. details of bin storage and waste disposal.

And the following informatives

  1. A separate Advert Consent application will be required for all external signage and illumination.
  2. Contact the Highway Authority, or its agent, to arrange construction of any works within, or disturbance of, or interference with, the Public Highway, and that all costs associated with such works shall be borne by the developer.
  3. The developer will neither be permitted to drain the roof over the public highway, nor across it  in a surface channel, but must make arrangements to install a piped drainage connection.
  4. No window or door will be allowed to open over a highway, and no foundation or footing for the structure will be allowed to encroach under the Public Highway.
  5. The granting of a planning permission does not constitute a permission or licence to a developer to carry out any works within, or disturbance of, or interference with, the Public Highway, and a separate permission must be sought from the Highway Authority for such works.
  6. Contact the Food and Occupational Safety section, Mandela House, 4 Regent Street, Cambridge, with regard to food hygiene, registration and health and safety matters.
  7. The applicant should he decide to provide public entertainment such as live music and dancing, will need to obtain an application for a Public Entertainment Licence from the Licensing Team, Mandela House, 4 Regent Street, Cambridge.
  8. The applicant should he decide to provide cinema or theatre performances, will need to contact the Food and Occupational Safety section, Mandela House, 4 Regent Street, Cambridge for an application form and standard conditions.

9.      Particular attention will need to be paid to the structure between the residential accommodation and the pub to ensure they are not adversely affected by noise.

  1. A fat trap is required before discharge is made to the public foul sewer and a sieve screen on sink outlets to prevent vegetable solids entering into the system.
  2. Signs to be provided for disabled toilets.

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13

No:                 C/00/0985/VC

Site:               39B Burleigh Street, Cambridge, CB1 1DG 

Proposal:     Removal of condition 3 on approval C/0857/87 to extend opening hours to allow 24 hour opening, 7 days per week.  

Applicant:     WTs Snooker & Sporting Club                               

APPROVED (by 9 votes to 0) subject to the following conditions:

  1. The premises shall be used for members and guests invited by the manager of the premises to play or to watch snooker from 2330 hours (for a period of 30 minutes until midnight) on Sundays, Mondays, Tuesdays, Wednesdays and Thursdays and from 0000 to 0900 hours on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays respectively only and for no other purpose (including any other purpose in Class D2 of the schedule to the Town and Country Planning (use classes) order 1987, or in any provision equivalent to that class in any statutory instrument revoking and re-enacting that order with or without modification).
  2. The use of the snooker club during the extended hours hereby permitted shall be undertaken solely in conjunction with and ancillary to the main snooker club use and shall not be separately used, occupied or let.
  3. The rear west facing exit doors shall be used on an occasional basis only and shall not remain open for the purpose of ventilation or for periods of more than 5 minutes.

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14

No:                 C/00/1151/FP

Site:               49 New Square, Cambridge, CB1 1EZ 

Proposal:     Change of use from residential to mixed residential (103sqm) and learner centre (51sqm) use.  

Applicant:     C M H Herbert                                  

D of I:             Councillor Hipkin, as he was a friend of the applicants.

APPROVED (by 9 votes to 0) subject to the following conditions:

  1. Personal to CMH Herbert.
  2. No more than 12 pupils shall be permitted to attend or be registered with the centre at any one time.
  3. No more than 5 pupils shall be permitted to be present in the garden area at any one time.
  4. No pupil will be permitted to use the shed or greenhouse between 1800 hours and 0830 hours, or to use power driven tools in the garden, shed or greenhouse.
  5. Noise condition, delegated to the Director of Environment and Planning, subject to consultation with Chair and Spokesperson.

And the following informatives:

  1. The applicant is advised to contact the Health & Safety Executive, the Food and Health and Safety Section and Housing Standards

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15

No:                 C/99/1231/FP

Site:               Cycle Bridge at, Coton Footpath and, Clerk Maxwell Road, Cambridge 

Proposal:     The erection of a pedestrian and cycle bridge (3.8m wide x 4.0m long) to link Clerk Maxwell Road to Coton Footpath.  

Applicant:     Cambridge University                                  

PSR:              Under the Public Speaking Rights adopted by the Council at meetings of the Subcommittee,  Mr W Papworth (on behalf of Dr M Griffin), a local resident, and Mr M Bienias, on behalf of the applicant spoke on the application.

APPROVED (by 8 votes to 0)

 

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16

No:                 C/00/1038/OP

Site:               38A George Street, Cambridge, CB4 1AJ 

Proposal:     Outline permission for the erection of a chalet bungalow to the rear of 38a George Street.  

Applicant:     Mr M Polito

D of I:             Councillor Nimmo-Smith, as he was known to the applicants.

RefuseD:   on the following grounds

1.      The proposal is unacceptable in that the size and siting of the plot would result in a cramped form of development which would be out of character with this part of George Street and Herbert Street, and would have an unneighbourly impact on the amenity space to the rear of the houses fronting George Street and rear of the houses fronting Herbert Street.  For these reasons the proposal is contrary to guidance provided by PPG1 and PPG3, policy SP12/10 of the Structure Plan and policies BE2 and NE8 of The Cambridge Local Plan.

  1. The proposal is unacceptable in that it would result in the loss of parking spaces currently available for the use of the occupiers of 38a George Street, which is located in an area of high demand for on-street parking.  The environmental impact of the development in terms of resultant increase in demand for on-street parking is unacceptable and therefore the development is contrary to policy TR27 of The Cambridge Local Plan.

 

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17

No:     C/00/0754/FP

Site:               Cambridge Airport, Newmarket Road, Cambridge 

Proposal:     Building to house fuselage test rig (2500 sq metres) with access from Barnwell Drive.  

Applicant:     Marshall Aerospace Ltd                              

PSR:              Under the Public Speaking Rights adopted by the Council at meetings of the Subcommittee,  Mrs Macbeth-Hornett, a local resident, spoke on the application.

APPROVED delegated to the Director of Environment and Planning, subject to consultation with Chair and Spokesperson subject to the receipt of no objections to the development from the Airfield Safeguarding Authority, the satisfactory completion of a Section 106 Agreement to address potential problems with television reception, and the following conditions:

1.      Standard Time - Full Permissions (CO1)

2.      Materials samples (C11)

  1. Car parking
  2. Car parking – drainage and surfacing.

5.      Cycle Parking (CO22)

  1. Details of earthworks.
  2. Details of existing and proposed levels.

8.      Landscaping details - Full survey (C30)

  1. Hard and soft landscape works.
  2. No external storage.

11. Boundary Treatment (implementation before use commences) (C37)

12. Floodlighting details (C38)

13. Details of planting implementation (Trees) (C53)

14. Replacement Trees and Shrubs (C54)

15. Tree Protection (C55)

16. Noise Insulation (C62)

  1. Noise emission from the site.
  2. Hours of operations of plant and machinery on the site.
  3. Noise and vibration control.

20. Construction Hours (C63)

  1. Details of foul and surface water drainage.
  2. No building shall be erected within 3 metres of the centreline of the public sewer crossing the site.
  3. Surface water drainage.
  4. Pollution control

And the following informative:

Section 106 obligation (AI04)

  1. The applicant is advised that the Cambridge City Council Head of Environmental Health and Waste Management is prepared to help in the matter of noise assessment and measurement if advice is required to address the conditions subject to which permission has been granted.

 

 

APPENDIX 1

 

SCHEME OF DELEGATION APPROVED ON 8 MARCH 2000 [see note1].

 

A          Powers delegated to the Director of Planning, the Assistant Director of Planning (Development Services), the Principal Development Control Officers, and the Principal Planning Officer (Special Projects and Liaison):

 

1.                     The determination of, and the making of decisions in connection with the determination of, all forms of planning and other applications, and all forms of consent and other notifications (as set out in the attached schedule) submitted under the Town and Country Planning Act 1990 and the Planning (Listed Buildings and Conservation Areas) Act 1990 except for the following:

 

a)         Major development comprising:

-           10 or more dwellings, or a site area of 0.5 ha. or more where the number of dwellings is not shown [see note1].

-           other developments where the floor space to be built is 1000 square metres (gross) or more, or where the site area is 0.5 ha. or more in size.

 

b)         Applications where the officer recommendation constitutes a formal departure from Development Plan policies.

 

c)         Applications - other than for householder development, shopfronts, minor educational development of less than 1000 square metres (gross), prior notifications, elevational alterations to existing buildings or for advertisement consent - where approval is recommended by officers and there are third party written objections on planning grounds which cannot be overcome by a planning condition (s), or where refusal is recommended by officers and there is third party written support on planning grounds.

 

d)         Applications for City Council Regulation 3 and 4 development other than applications for householder development and other minor works.

 

e)         Applications for the demolition of a listed building.

 

f)          A resubmitted application which is identical to one previously refused by officers under delegated powers.

 

g)         Applications submitted by Members or officers of the City Council, or by     others on property in which a Member or officer has a direct pecuniary interest.

 

h)         Applications where, within 21 days of the date of publication of the weekly list, or within 14 days of receipt of any subsequent material amendment to the application, any Member (including County Council Members representing City Wards) requests in writing, or by E-mail sent in accordance with the Council=s guidelines, that the application should be dealt with by the Planning Sub-Committee, stating the planning grounds on which the request is based.

 

i)          Applications requiring authorisation to enter into a S106 obligation [1].

 

j)          Material amendments to authorised S106 obligations [1].

 

2.         The service of Planning Contravention Notices, Breach of Condition Notices, Notice of Intended Entry, Section 215 Notices and Requisitions for Information (subject to prior consultation with the Head of Legal Services ).

 

3.         Instructing the Head of Legal Services to issue Discontinuance Notices for advertisements and to institute proceedings against fly posting.

 

B         Powers delegated to the Director of Planning, the Assistant Director of Planning (Environmental Design and Conservation), the Principal Planning Officers (Environmental Design and Conservation):

 

1.         To determine all applications for works to trees under the Town and Country Planning Act 1990, and for works to hedgerows under the Environment Act 1995, except for the following:

 

a)         where objections have been received to the course of action proposed by officers and the objections cannot be resolved; or

 

b)         Members request the matter to be referred to the Planning Sub-Committee within the agreed timescale (14 days from notification).

 

2.         To serve, and unless objections are received, confirm Tree  Preservation Orders and Hedgerow Replacement Notices.

 

3.         To instruct the Head of Legal Services to take enforcement action or instigate proceedings under part viii of the Town and Country Planning Act 1990 relating to violations against protected trees, and under S97 of the Environment Act 1995 relating to violations against protected hedgerows.

 

4.         To instruct the Head of Legal Services in the service of Listed Building Enforcement notices under s.38 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

 

5.         To instruct the Head of Legal Services in the service of notices requiring urgent works to unoccupied Listed Buildings under s.54 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

 

C         Powers delegated to the Director of Planning, the Assistant Director of Planning (Development Services), the Head of Building Control, the Principal Building Control Surveyors:

 

1.         To determine all Building Regulations applications, to issue Notices and  other  consents under the Building Act 1984.

 

D         Powers pursuant to a decision made by officers under delegated powers, or a decision by a Council Committee, delegated to the Head of Legal Services and other staff acting on his/her behalf:

(a)        To represent the Council at any local inquiry or public examination in respect of any structure or local plan or any amendment and alteration thereof under part 11 Chapter 11 of the Town and Country Planning Act 1990 ("the Act"). [2]

 

(b)        To make, issue and serve orders relating to the revocation and modification of planning permission, and discontinuance orders, and to enter into agreements under Part III of the Act and to represent the Council in any proceedings thereto.

 

(c)        To represent the Council in any proceedings relating to compensation under Parts IV and V of the Act and in relation to any proceedings concerning the rights of owners to require the purchase of interests in land under Part IV of the Act.

 

(d)        To make, issue and serve any notice or order and to initiate civil or criminal proceedings under Parts VII and VIII of the Act in relation to enforcement and special controls and to represent the Council in relation to any proceedings relating thereto.

 

(e)        To make, issue and serve any order or notice in relation to the acquisition and appropriation of land for planning purposes, highways, statutory undertakers under Parts IX, X and XI of the Act and to represent the Council in any proceedings relating thereto.

 

(f)         To represent the Council in relation to proceedings questioning the validity of development plans, orders, decisions, directions and notices under Part XII of the Act (including the right to initiate such proceedings).

 

(g)        To represent the Council in relation to public and local inquiries and other hearings, to authorise any person to enter onto land, to require information as to interest in land and to commence criminal proceedings under Part XV of the Act.

 

(h)        To make, issue and serve any order or notice, to initiate civil or criminal proceedings, and to represent the Council in relation to any proceedings (including public and local inquiries or other hearings) in relation to the Planning (Listed Buildings and Conservation) Areas Act 1990 and the Planning (Hazardous Substances) Act 1990.

 

Authority to represent the Council in relation to any proceedings includes the  right  to  instruct Counsel, subject to sufficient funds being available in the Council's budget  to  meet  the  cost.

 

NOTE

 

[1] Change agreed 17/1/01 - Planning Sub Committee 17 January 2001 gave approval for officers to enter into s.106 obligations on applications for up to 10 dwellings which would otherwise be dealt with under delegated powers, providing the s.106 matter in question relates only to commuted sum contributions for open space.

 

[2] Notwithstanding the provisions contained within this Scheme of Delegation, officers will use their discretion to refer any matter to the Sub-Committee for determination which in their view raises contentious, sensitive or significant planning policy issues, or where it would be otherwise beneficial for the decision to be made by Members.

APPENDIX 2

 

SCHEDULE OF APPLICATIONS AND OTHER FORMS OF CONSENT/NOTIFICATION REFERRED TO IN SECTION A OF THE DELEGATED SCHEME

 

1.         These shall include:

 

a)         Outline and full planning permission and any subsequent pre- and post-decision amendments;

 

b)         Reserved matters following outline planning permission and any pre- and post-decision  amendments;

 

c)         Renewals of planning permission and any pre- and post-decision  amendments;

 

d)         Removal/variation of planning conditions;

 

e)         Discharge of conditions

 

f)          Advertisement consent;

 

g)         Lawful Development Certificates;

 

h)         Responses to County Council Regulation 3 applications;

 

i)          Development by Government Departments under Circular 18/84 'Crown Land and Development';

 

j)          Applications for Prior Notification;

 

k)         Representations on applications for Goods Vehicle Operating Licences;

 

l)          Listed Building Consent;

 

m)        Conservation Area Consent;

 

n)         Responses to consultations from neighbouring local authorities;

 

o)         Screening and scoping opinions under the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999, or any subsequent amendment to those Regulations.

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX 3

 

GUIDANCE NOTE FOR MEMBERS ON REQUESTS TO REFER  PLANNING APPLICATIONS TO PLANNING SUB-COMMITTEE

 

1.         The scheme of delegation for Planning Sub-Committee, in clause 1i), allows any Member of the City Council and any County Member representing a City Ward to request that an application be referred to the Sub-Committee for determination, provided the request is made within the timescales set out, that it is in writing, and that it states the planning grounds on which the request is made.

 

2.         The request can be made either because the Member wishes to make a representation on their own behalf, or because they wish to support a representation(s) of one or more of their constituents.  Members should state on what basis they are making the representation.

 

3.         Every City Council Member receives a paper copy of the Weekly List of planning applications, which contains brief details of every planning application which has been registered in the previous week, including the application reference number and which planning case officer is dealing with it.  The Weekly List is also available on the Internet at the following address (http://www.cambridge.gov.uk/services/planapps.htm).  Occasionally, Ward Members will also be individually notified by letter of a particularly significant application in their Ward.

 

4.         Consultation, including neighbour notification, will already be underway for those applications on the Weekly List.  People have 21 days to make comments from the date of the notification letter. If people are consulted on an

amendment to the application prior to a decision being made, a further 14 days are normally given for comment.

 

5.         Members can inspect the plans at Planning Reception.  If they require more information they can contact the case officer. 

 

6.         Members have two options:

 

a)         To make a representation on their own behalf, either in support of or against the application;

b)         To make a representation on behalf of one or more of their constituents, either in support of or against the application.

 

The case officer will assume that you have no interest in the application unless they hear from you.

 

7.         If a Member wishes to make a representation, either on their own behalf, or on behalf of a constituent(s),  it must be in writing (letter or e-mail) and it must state the planning grounds on which the representation is based.  If a Member is uncertain about what the planning grounds might be they should speak to the case officer.   Typically, planning grounds include: whether the development accords with planning policy; whether the development is appropriate for the area; whether the development would cause harm to neighbours= amenity; whether the proposal would cause traffic congestion or be a danger to highway safety.  Loss of property value, loss of trade to businesses and moral objections are not planning grounds.

 

8.         A Member may also wish the application to be reported to Planning Sub-Committee rather than be decided under officer delegated powers, particularly if they have been contacted by a constituent objecting to an application.  The Planning Department information leaflet entitled >How To Comment=, which accompanies the individual planning application notification letter sent to neighbours, states that neighbours may wish to obtain the support of their Ward Councillor in their representation.  This request must be in writing.  Before requesting that the application is reported to Committee, Members are advised to check with the case officer what the officer recommendation is likely to be, as the recommendation might accord with your views.

 

9.         On receipt of a written request by a Member for an application to be reported to Planning Sub-Committee, the case officer will acknowledge the request in writing or by telephone.  The case officer will also check with the Member that it is necessary for the application to be reported to Committee, rather than be dealt with under delegated powers. 

 

10.       Members= representations are summarised in the officer report and also attached as an appendix to the Committee report.

 

11.       Members are entitled to attend Planning Sub-Committee and to request the Chair that they should be allowed to speak.  

 

  

 

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