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Decision Maker: Planning
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
The Chair read the following statement before the considering of this item:
This application now returns to Committee today after its last
presentation at Committee on 1st November 2017. At that meeting, pending the
submission of further technical information by the applicant, a decision was
deferred by initiating the Adjourned Decision Making Protocol. Officers have
now advised the Protocol was incorrectly applied because this is a minor application; the Protocol applies
only to major applications. Committee
in effect resolved to defer its
decision. As a consequence the application now comes to you for determination
free of the Protocol thus enabling all Members to now participate and vote in
its determination. The Protocol does not apply.
The Committee received an application for
outline planning permission.
The application
sought approval for the erection of a cycle themed cafe with ancillary kitchen,
storage area, WCs, bin enclosure and cycle repair outlet along with associated
infrastructure including 24 car parking spaces, 100 cycle parking spaces, a
partly new and upgraded internal road, public open space and associated picnic/
play areas.
The Committee noted
the amendment sheet and the late submissions as detailed by the Planning
Officer.
The Committee received representations in support of the application.
The Committee received a representation in objection to the application
from a local resident.
The representation covered the following issues:
i.
Application contravenes policy
guidelines.
ii.
Wildlife and commercial interests
on a limited site would be contradictory use.
iii.
Application was, in essence, for
unspecified private use and could be used for any restaurant.
iv.
Green belt deserved to be
protected.
v.
There were a number of other
places to eat very near this site.
Councillor Johnson
(Abbey Ward Councillor) was unable to attend to address the Committee regarding the
application so the Chair read out the following statement on his behalf:
I ask that the
Planning Committee consider approving this application as I believe that the
reasons suggested for refusal do not fully account for the progress made in
revising the proposals since the original plans were put forward.
It is clear that much
thought and consideration has gone into ensuring the cafe development is
sensitive to the surrounding area around Barnwell Lake, including Coldham’s Common. The footprint of the proposal has been
reduced in size and the scale has also been revised since last considered.
The wider area is due
to see up to five thousand cycle movements per day as a consequence of the
Chisholm Trail, and the construction of this new facility will positively
assist with the promotion of the trail as an important piece of our city’s
transport infrastructure.
The position of the
proposed cafe will bring people to this hitherto neglected part of the city’s
green and open spaces and, from an ecology standpoint, I am reassured by the
applicant’s aspiration to not only deliver a sustainable development, but to
also allow the facility to act as a catalyst for potential regeneration of the
immediate vicinity for flowers and other flora.
Members of the Committee
suggested that the development was needed and would enhance the area, encourage
cycle use and allow wider public use of the lakeside area. Members took the
view that steps could be taken to mitigate any impact on wildlife and flora in
the area, through an Ecological Design Statement Condition.
Members noted that the
scale of the revised proposal had been reduced and that the corridor will
change significantly through the creation of the Chisholm Trail underpass.
The Interim Planning
Delivery Manager outlined material considerations in the National Policy
Framework which stated that developments within the green belt were by
definition inappropriate. She reminded the Committee that, if they were minded
to reject the officer’s recommendation of refusal, they would need to provide
very special circumstances.
The Committee:
Resolved (by 6 votes to 4) to reject the
officer recommendation to refuse the application.
Resolved (by 9 votes to 0) an additional condition
regarding opening hours of 6am to 8pm.
Resolved (by 7 votes to 3) to approve the application contrary to the
officer recommendation for the following reasons, subject to referral to the
Secretary of State for the following reasons:
The very special circumstances advanced by
Committee include that the development would result in increased recreational
use of a private area of Green Belt land which would result in considerable
public benefit. The development would
support recreational and commuting cyclists and encourage others to make sustainable
travel choices in the interests of reducing congestion in the City and
promoting wellbeing. This includes
expanding opportunities for social interaction and healthy lifestyles,
principles set out in paragraph 91 of the NPPF (2018).
The development is considered to provide
essential refreshment and cycle repair facilities to meet the needs of users of
the Chisholm Trail and the angling club, thereby providing an essential
resource for community use at a strategic location along the Trail.
The proposed café facility would increase
public access to a private site to the benefit of the surrounding community,
this is by reason of the picnic and recreation areas which would be created and
a layout which would encourage walking and cycling.
The development would have limited visual
impact due to the sunken nature of the site and the low impact design of the
building, which includes the single storey design of the building and the use
of a green roof. This would ensure the
visual impacts of the development would not be harmful and would not conflict
with the purposes of including land within the Green Belt.
The very special circumstances are unique to
this site because of the combination of the lakeside setting, its relationship
with the new Chisholm Trail strategic cycle route and the benefit to the
immediate surrounding local community.
The development would provide a new facility open to the community which
would positively enhance the beneficial use of the land through public access,
providing opportunities for recreation, which is a principle set out in
paragraphs 91 and 141 of the NPPF (2018).
These very special circumstances are considered to clearly outweigh the
harm by reason of inappropriate development which satisfies the test of
paragraph 144 of the NPPF (2018) and Cambridge Local Plan (2018) policy 4.
Necessary planning conditions include those
relating to the ecology and the Ecological Design Statement; ‘permitted
development’ restrictions; hours of use; restrictions on lighting and
advertisements; drainage related conditions; Environmental Health conditions;
delivery restrictions and a site management plan.
The final drafting
of the reason for approval and planning conditions is to be agreed through
consultation with Chair, Vice Chair and Spokes.
Report author: John Evans
Publication date: 17/12/2018
Date of decision: 07/11/2018
Decided at meeting: 07/11/2018 - Planning
Accompanying Documents: