Agenda and minutes
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Contact: Democratic Services
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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 Ray Brassington and Councillor Daryl Corps.
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Substitute Members To note details of any substitution arrangements in place for the meeting. Additional documents: Minutes: Councillor Patrick Coleman, as Vice Chair of the Committee chaired the meeting in the absence of the Chair. Councillor Julia Judd acted as Vice Chair.
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Declarations of Interest To receive any declarations of interest from Members relating to items to be considered at the meeting. Additional documents: Minutes: There were no declarations of interest.
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To confirm the minutes of the meeting of the Committee held on Wednesday 15 January. Additional documents: Minutes: The Minutes of the meeting held on 15 January 2025 were considered. Councillor Neill queried the record of her vote for the application 24/00002/AREA Tree Preservation Order of Abstaining as she felt that she had voted ‘For’ the proposal rather than ‘Abstain’ Upon checking the recording of the meeting, the record was amended to reflect Councillor Neill’s Vote FOR the Tree Preservation Order (TPO).
The acceptance of the minutes subject to the minor amendment to the voting record was proposed by Councillor Patrick Coleman and seconded by Councillor Ian Watson.
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Chair's Announcements To receive any announcements from the Chair of the Planning and Licensing Committee.
Additional documents: Minutes: There were no Chair’s announcements.
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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 was one public question from Jill Waller who asked the Committee whether the Council had the authority to overturn the current legislation that boundary hedges could be required to be maintained to six feet.
The Head of Planning Services stated that a written response would be circulated.
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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.
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24/00386/FUL - Woodleigh, Brockhampton, Cheltenham Proposal The proposal is for the erection of three dwellings within the rear garden area to Woodleigh, Brockhampton, which is a loose knit non-principal settlement located in open countryside.
Case Officer Andrew Moody
Ward Member Councillor Jeremy Theyer
Recommendation Permit Additional documents:
Minutes: The application was for the erection of three dwellings within the rear garden area to Woodleigh, Brockhampton, a loose-knit Non-Principal Settlement.
Case Officer: Andrew Moody Ward Member: Councillor Jeremy Theyer
The Chair invited the Case Officer to introduce the application:
Public speakers: Councillor Gordon Day from Sevenhampton Parish Council addressed the Committee. Councillor Day stated that the Parish Council regarded the Case Officer's report as being fundamentally legally flawed in the application of Policy DS3 of a non-principal settlement. This was contrary to recent planning decisions that noted that Brockhampton is not a non-principal settlement and that accordingly Policy DS4 should be applied. It was noted that the Parish Council felt that the application did not enhance the settlement sustainability and breached the Council's decarbonisation strategy due to:
Wendy Hopkins from Bodie Planning Associates, an objector, addressed the Committee. The objector raised issues around consistency of the application Policy DS3 to this application compared to recent applications, that were refused, citing Policy DS4. Concerns were raised that the proposal would urbanise the village edge, harming its rural character and failing to meet DS3 policy criteria.
Paul Jenkins, the agent, addressed the Committee. The agent stated that Policy DS3 of the Local plan was applicable, relating to small-scale residential development in non-principal settlements and so this development should be acceptable in principle. The agent stated that the Case Officer’s report demonstrated support from technical consultees, including the Conservation Officer, Natural England, Biodiversity Officer, Landscape Officer, Tree Officer and Drainage Engineers.
Councillor Jeremy Theyer, the Ward Member, addressed the Committee. Councillor Theyer noted that there was strong local opposition with 112 objections from residents including immediate neighbours to the site. It was highlighted that six similar applications were previously refused being assessed under Policy DS4, deeming Brockhampton unsuitable for new development whereas the current application was assessed under Policy DS3. Concerns were shared that the approval of the application could set a precedent for further small-scale developments throughout the village.
Members Questions
Members asked if the six previous applications in the village were for this development site. The Case Officer noted that from August 2018, none of the applications had been for this site with only two recent applications for new build within the parish whilst others were replacement dwellings. The Case Officer noted that effort was made to provide consistent decisions on a district-wide basis in terms of the application of policy DS3.
Members requested clarification from the legal officer on the validity of the claim from the Parish Council representative that the recommendation to permit the application was legally flawed. The Interim Head of Legal Services considered the determination of the cited case in the ... view the full minutes text for item 100.
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Sites Inspection Briefing Members for 5 March 2025 (if required)
Councillors Ray Brassington, Patrick Coleman, Daryl Corps, Julia Judd and Ian Watson. Additional documents: Minutes: The Chair advised members to keep the date of 5 March 2025 free in their diaries.
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Licensing Sub-Committee Members for 27 February 2025 (if required)
To be confirmed. Additional documents: Minutes: There were no licensing sub-committees planned.
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Carried