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 Planning Services 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 additional letters before return to members.

1.   MINUTES - 1st April 2008

Recommendation:

That the Minutes of the meeting of the Development Control and Environmental Protection Committee held on 1st April 2008 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 Planning Services Manager.

The Chairman will propose that with regard to applications on the schedule of applications for development submitted by the Planning Services 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:

Site: Land off St Andrews Road, Shrewsbury. Ref. 07/0143/F

Proposal: Appeal against refusal to grant planning permission for two dormer bungalows of timber framed construction with exterior brick and cladding.

Decision:  Appeal dismissed 8th April 2008.

Summary: The Inspector considered the main issues were the effect of the loss of undeveloped land on the character of the area and the effect on the living conditions of nearby residents, with particular relevance to noise and disturbance. On balance, the Inspector considered that the proposal would not result in unacceptable living conditions for neighbours and access and separation were acceptable. However, he considered that the loss of openness was contrary to Local Plan Policy and hence, dismissed the appeal for this reason.

Site: Oakrill, Hopton, Nesscliffe. Refs. 07/0576/F, 07/0650/F, APP/06/199/ENF

Proposal: Appeal against refusal to grant planning permission for conservatory and garage (revision of existing permitted elevations in relation to the dormer windows) and against Enforcement Notice relating to two storey conservatory and balcony (requiring their removal).

Decision: Appeals allowed, enforcement notice quashed and planning permission granted 20th March 2008.

Summary: The Inspector considered the main issues in these appeals were the effect of the conservatory and balcony and the rear dormer windows on the character and appearance of both the appeal premises and the surrounding area. The Inspector considered the conservatory large, but in keeping with the large size of the house and acceptable in design. He noted the Council's 70% guideline on the extending properties in the countryside, but felt that this could be given little weight considering it was an informal unwritten guideline. The Inspector noted that the garage had not been constructed in accordance with the approved plans and that there was an objection to the dormer windows. However, he did not feel the dormer windows were out-of-keeping with the character and appearance of the development or the surrounding area. The Inspector noted the Council's concerns that the garage building could be occupied as a dwelling and imposed a condition that it be only used as ancillary to the dwelling.

14th April 2008

The Guildhall

Shrewsbury

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) 281030.