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Agenda and minutes

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Contact: Democratic Services 

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Items
No. Item

79.

Apologies

To receive any apologies for absence.

 

The quorum for the Planning and Licensing Committee is 3 Members.

Additional documents:

Minutes:

Apologies were received from Councillor Andrew Maclean.

80.

Substitute Members

To note details of any substitution arrangements in place for the Meeting.

Additional documents:

Minutes:

There were no substitute members.

81.

Declarations of Interest

To receive any declarations of interest from Members and Officers, relating to

items to be considered at the meeting.

Additional documents:

Minutes:

Councillor Fowles declared that he knew the owner of the Bibury Trout Farm for 30 years and stated that he otherwise had an open mind on the item, but would abstain from the vote.

 

The Interim Head of Legal Services initially stated that it was Councillor Fowles’ decision to make, but then upon checking the constitution added that if Councillor Fowles had an interest that he felt prevented him from voting, he should also leave the room and not participate in the discussion on the Bibury Trout Farm items. Councillor Fowles would still be able to speak as the ward member for these items and would be invited back in the room to do so.

 

Councillor Fowles stated that he did not agree with this interpretation but left the room for the items as advised.

82.

Minutes pdf icon PDF 233 KB

To confirm the minutes of the meeting of the Committee held on 10 April 2024.

Additional documents:

Minutes:

There were no amendments on the minutes.

 

RESOLVED: That the Planning and Licensing Committee APPROVE the minutes of the meeting held on 10 April 2024

 

Voting record – For- 9, Against 0, Abstain 0, Absent/Did not vote 2

 

For

Against

Abstain

Absent/did not vote

Ray Brassington

 

 

Andrew Maclean

Patrick Coleman

 

 

Ian Watson

Daryl Corps

 

 

 

David Fowles

 

 

 

Julia Judd

 

 

 

Dilys Neill

 

 

 

 Gary Selwyn

 

 

 

Mark Harris

 

 

 

Michael Vann

 

 

 

 

83.

Chair's Announcements (if any)

To receive any announcements from the Chair.

Additional documents:

Minutes:

The Chair noted that it was the last meeting of the civic year and thanked the members of the Committee for their service.

84.

Public questions

A maximum of 15 minutes is allocated for an “open forum” of public questions at committee meetings. No person may ask more than two questions (including supplementary questions) and no more than two such questions may be asked on behalf of one organisation. The maximum length of oral questions or supplementary questions by the public will be two minutes. Questions must relate to the responsibilities of the Committee but questions in this section cannot relate to applications for determination at the meeting.

 

The response may take the form of:

a)    A direct oral response (maximum length: 2 minutes);

b)    Where the desired information is in a publication of the Council or other published work, a reference to that publication; or

c)    Where the reply cannot conveniently be given orally, a written answer circulated later to the questioner.

Additional documents:

Minutes:

There were no public questions.

85.

Member questions

A maximum period of fifteen minutes is allowed for Member questions. Questions must be directed to the Chair and must relate to the remit of the committee but may not relate to applications for determination at the meeting.

 

Questions will be asked in the order notice of them was received, except that the Chair may group together similar questions.

 

The deadline for submitting questions is 5.00pm on the working day before the day of the meeting unless the Chair agrees that the question relates to an urgent matter, in which case the deadline is 9.30am on the day of the meeting.

 

A member may submit no more than two questions. At the meeting the member may ask a supplementary question arising directly from the original question or the reply. The maximum length of a supplementary question is one minute.

 

The response to a question or supplementary question may take the form of:

a)    A direct oral response (maximum length: 2 minutes);

b)    Where the desired information is in a publication of the Council or other published work, a reference to that publication; or

c)    Where the reply cannot conveniently be given orally, a written answer circulated later to the questioner.

Additional documents:

Minutes:

There were no member questions.

86.

23/03970/FUL - Bibury Trout Farm Arlington Bibury Gloucestershire GL7 5NL pdf icon PDF 122 KB

Summary

Re-modelling of existing fish raceways to form a new lake with central island at Bibury Trout Farm Arlington Bibury Gloucestershire GL7 5NL

 

Case Officer

Martin Perks

 

Ward Member

Councillor David Fowles

 

Recommendation

Permit

Additional documents:

Minutes:

The Case Officer introduced the item.

 

The application was for the re-modelling of existing fish raceways to form a new lake with a central island at Bibury Trout Farm, Arlington, Bibury, Gloucestershire, GL7 5NL.

 

The Case Officer explained that the raceways were no longer being utilised for their original purpose and therefore constituted redundant use.

 

Councillor Michelle Holt from Bibury Parish Council addressed the Committee. They raised concerns around parking provisions, as well as the perceived scale of development. Cllr Holt also stated that there would be harm to the dark skies, and wildlife.

 

Susanne Marshall, an objector who stated that they worked as an environmental consultant addressed the Committee. They raised concerns over harm to the Bibury conservation area and removal of a natural habitat.

 

Councillor David Fowles, the Ward Member, addressed the Committee, explaining the history of the village. Councillor Fowles stated that the residents of the village were concerned about its future and the development of the trout farm from a working farm into a tourist attraction.

 

Members who had visited the Sites Inspection Briefing shared their views with the rest of the Committee. Some Members felt that while there would be an impact on ecology, there were still plenty of trout Others were concerned over the sustainability of the business’s growth and the traffic impact.

 

Councillor Fowles had declared an interest during the meeting and left the room at this point.

 

Member Questions

 

Members asked questions of the Case Officer and Interim Development Management Manager, who responded as follows;

·         The measurement of the lake was approximately 0.12 hectares.

·         The tourism component of the site was separate to the working trout farm. There was a restricted entrance gate and barrier to the working farm, where most of the farm’s fish were contained.

·         On the topic of potential damage to the environment, the Case Officer explained that no objections had been received from the drainage engineer and no comments received from the Environment Agency. They also stated that no objection had been received from the Biodiversity Officer, as trout rearing resulted in the fish eating many other species within the lake and creating what amounted to a monoculture.

·         Discharge of water from the site into the River Coln requires an Environmental Permit from the Environment Agency.

·         Addressing concerns over the increased size of the visitor attraction, the Case Officer stated that it was not uncommon for businesses to diversify, and that the proposals should be judged on their own merit.

·         The lake could be used for boating without further permissions, as this would not constitute a material change of use.

·         The Biodiversity Officer was also satisfied with the biodiversity conditions being pre-commencement. Therefore, the Case Officer did not consider that pre-permission conditions being applied would be reasonable or necessary for this application.

 

Member Comments

 

Members commented on the proposals, raising the following points;

·         While Members were sympathetic to residents’ concerns, how the business operated was not a material consideration in this case of the application in front of  ...  view the full minutes text for item 86.

87.

24/00359/FUL - Bibury Trout Farm Arlington Bibury Gloucestershire GL7 5NL pdf icon PDF 131 KB

Summary

Erection of roof cover to be used as a visitor arts, activities and education area at Bibury Trout Farm Arlington Bibury Gloucestershire GL7 5NL

 

Case Officer

Martin Perks

 

Ward Member

Councillor David Fowles

 

Recommendation

Permit

Additional documents:

Minutes:

Councillor Fowles came back in the room to speak as the Ward Member on the item.

 

The Case Officer introduced the item. The application was for the erection of roof cover to be used as a visitor arts, activities and education area at Bibury Trout Farm, Arlington, Bibury, Gloucestershire, GL7 5NL.

 

Councillor Fowles, the Ward Member, addressed the Committee, referencing the concerns he had raised on the previous item. Councillor Fowles stated that the application constituted continuous erosion of the farm’s original purpose. Councillor Fowles also believed the proposal to be contrary to EC10- Development of Tourist Facilities and Visitor Attractions of the Local Plan, and not necessary.

 

Members who had visited the Sites Inspection Briefing shared their views with the rest of the Committee. It was felt that the existing building was unattractive but concealed and in an inactive part of the site.

 

Councillor Fowles then left the room.

 

Member Questions

Members asked questions of the Case Officer and Interim Development Management Manager, who responded as follows;

  • In reference to the Ward Member’s statement, which had referred to the development as unnecessary, the Case Officer stated that they had no arguments to deem it an unnecessary development.
  • Responding to queries about a masterplan for the area, the Interim Development Management Manager had stated that it would be an effective and appropriate mechanism to manage development in the area. Members suggested that the Ward Member could engage with the applicant about it.
  • The materials would likely be artificial stone slate, as it was not a listed building.
  • There was no scope to convert the building to create a second floor, as this was not on the plans submitted.
  • The viability of the trout farm was not considered to be impacted, as there was still a substantial amount of trout farming occurring on the site.

 

Member Comments

 

Councillor Mark Harris proposed permitting the application, stating that like many agricultural or rural businesses across the district, the applicant was seeking to diversify their business through the application. Councillor Harris stated that the Ward Member should seek to encourage the applicant to put forward a masterplan for the area which would address local concerns over the development.

 

Councillor Coleman seconded the proposal.

 

RESOLVED: That the Planning and Licensing Committee PERMIT the application

 

Voting Record

 For- 7, Against 1, Abstentions 0, Absent/did not vote 3

 

For

Against

Abstain

Absent/did not vote

Dilys Neill

Daryl Corps

 

David Fowles

 Gary Selwyn

 

 

Andrew Maclean

Julia Judd

 

 

Ian Watson

Mark Harris

 

 

 

Michael Vann

 

 

 

Patrick Coleman

 

 

 

Ray Brassington

 

 

 

 

 

88.

22/03418/FUL - Fosseway Service Station Fosseway Lower Slaughter Cheltenham Gloucestershire GL54 2EY pdf icon PDF 152 KB

Summary

Erection of service station side extension and erection of fencing to create a relocated bin storage area and associated works at Fosseway Service Station Fosseway Lower Slaughter Cheltenham Gloucestershire GL54 2EY

 

Case Officer

Helen Cooper

 

Ward Member

Councillor Len Wilkins

 

Recommendation

Permit

Additional documents:

Minutes:

Councillor David Fowles came back into the room, remaining for the rest of the meeting.

 

The Case Officer introduced the item.

 

The application was for the erection of a service station side extension and the erection of fencing to create a relocated bin storage area and associated works at Fosseway Service, Station Fosseway, Lower Slaughter Cheltenham, Gloucestershire GL54 2EY.

 

The Case Officer explained that the use as a service station was sui generis use and that the application was therefore not considering a change of use.

 

Jackie Ford, who was the agent on the application, addressed the Committee. The agent explained that the space would be utilised for a Greggs bakery, but that it would not be able to be used for another style of hot food takeaway outlet without putting forward a change of use application.

 

Councillor Len Wilkins, the Ward Member, addressed the Committee. He stated that there were plenty of nearby bakeries and shops and was concerned about detrimental competition against them. There were concerns raised regarding the impact on dark skies.

 

Member Questions

Members asked questions of the Case Officer and Interim Development Management Manager, who responded as follows;

  • If the application was refused, applicant could potentially install a hot food display, for which they would not require permission, and still sell Greggs goods in this way. The Case Officer explained that the Committee should focus on the operational matters of the application.
  • The Interim Development Management Manager confirmed that a hot food supplier would require permission for change of use, unless it was another bakery type business.
  • The service station was very close to the nearby house, and already caused some overbearing and loss of light, but the Case Officer did not consider there to be an exacerbation of the existing situation. 
  • Parking provisions were considered sufficient by the Gloucestershire County Council Highways Officer. They explained that any restrictions would need to be voluntary, and that the site met the requirement of spaces, which was two. They also added that the development was not considered to be a destination development, and that most customers would likely already be at the service station, therefore it was not considered to generate excessive traffic.

 

Councillor Dilys Neill stated that she wished to better understand how to judge cumulative impact on this and future applications. The Chair stated that this would be taken as a request for training.

 

Councillor Mark Harris proposed accepting the application, stating he could not find a reason to refuse it.

 

Councillor Patrick Coleman seconded the proposal.

 

RESOLVED: That the Planning and Licensing Committee PERMIT the application

 

Voting Record

 

For 5, Against 3, Abstain 1, Absent/did not vote 2

 

For

Against

Abstain

Absent/did not vote

Ray Brassington

Daryl Corps

Dilys Neill

Andrew Maclean

Patrick Coleman

David Fowles

 

Ian Watson

Gary Selwyn

Julia Judd

 

 

Mark Harris

 

 

 

Michael Vann

 

 

 

 

 

89.

Sites Inspection Briefing

Members for Wednesday 5 June 2024

 

Councillors Ray Brassington, Julia Judd, Dilys Neill, Gary Selwyn, and Ian Watson.

Additional documents:

Minutes:

If a Sites Inspection briefing was needed it would take place at 10am on Wednesday 5 June.

90.

Licensing Sub-Committee

Not required at present.

Additional documents:

Minutes:

There were no meetings of the Licensing Sub-Committee required at the present.

 

The Chair Councillor David Fowles thanked Chair and Vice-Chair of the Planning and Licensing Committee for their service during the 2023/24 civic year.