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Contact: James Goddard Committee Manager
Note: Planning Items - Committee are minded not to consider application 12/0260/FUL: Ryedale House
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Apologies For Absence Minutes: Apologies were received from Councillors Pogonowski, Hart & Smart. The Committee held a 1 minute silence in memory of Councillor Wright (former Committee Member) who passed away recently. |
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Declarations Of Interest Members of the committee are asked to declare any interests in the items on the agenda. In the case of any doubt, the advice of the Head of Legal should be sought before the meeting. Minutes:
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Planning Applications |
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12/0260/FUL: Ryedale House, 40 Cambridge Place Minutes: Officers recommended
deferring this application to a future committee. The Committee: Resolved (by 7
votes to 1) to defer application
to next meeting to allow issues raised by late objection from Bodyworks Dance
Studio to be fully investigated and results reported to Committee. The application should be first planning
item on the agenda at the next meeting. |
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12/0058/FUL: Coleridge Community College, Radegund Road Minutes: The Committee received an application for
retrospective planning permission. The application sought approval for retrospective application for replacement of
floodlights around the multi-use games area. The Committee
received a representation in objection to the application from Mr Gilbert-Wooldridge
on behalf of himself and Mrs Gilbert-Wooldridge. The representation
covered the following issues: (i)
Mrs Gilbert-Wooldridge
is a senior Planning Officer at Cambridge City Council. She had followed the
Royal Town Planning Institute and City Council’s Code of Conduct when
submitting this objection. (ii)
The following concerns were expressed: a. Flood lighting has
been in place for 2 years, but the number of columns has changed from 4 to 8
without permission. b. Flood lighting has
been used outside of permitted hours. This has led to an environmental health
investigation. c. Welcomed
conditions to regulate flood light usage, but queried if these needed to be
strengthened eg on lux levels. Councillor Brown
proposed an amendment to condition 3 lux level
testing. This amendment was carried by 7 votes to 0. The Committee: Resolved (unanimously) to accept the
officer recommendation to approve planning permission as per the agenda and
alteration to Condition 3 to read as follows. 3 Within
56 days of the first use of the approved lights after 2000hrs, an assessment of
lux levels created at the first floor window level on the nearest wall of the nearest
residential building to the games court by the floodlights hereby permitted
shall be submitted to the local planning authority. In the event that this
assessment shows lux levels at this point higher than those recommended in the
guidance notes of the Institute of Lighting Engineers, the floodlight bulbs
shall be replaced with bulbs of a sufficiently low wattage to bring the lux
level at first floor height at this point within the recommended limits. Reason:
To protect the amenities of nearby residents (Cambridge Local Plan 2006 Policy
4/13 and East of England Plan 2008 policy ENV7) Reasons for Approval 1. This development has been approved, conditionally, because
subject to those requirements it is considered to conform to the Development
Plan as a whole, particularly the following policies: East of England plan 2008:
ENV6 and ENV7 Cambridge Local Plan
(2006): 3/1, 3/4, 3/11, 4/2, 4/13, 4/15, 6/2 and 8/13. 2. The
decision has been made having had regard to all other material planning
considerations, none of which was considered to have been of such significance
as to justify doing other than grant planning permission. These reasons for approval can be a summary of the
reasons for grant of planning permission only. For further details on the decision
please see the officer report online at
www.cambridge.gov.uk/planningpublicaccess or visit our Customer Service Centre,
Mandela House, 4 Regent Street, Cambridge, CB2 1BY between 8am to 6pm Monday to
Friday. |
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General Items |
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102 Mill Road Minutes: The Committee
received an application for planning enforcement action to be taken. The application sought authority
to take enforcement proceedings for unauthorised
use. Site: Sweet and Spicy, 102 Mill Road, Cambridge. Breach: Unauthorised change of planning use from A1
(shop) to A3 (café/restaurant). Tariq Sadiq
(Coleridge Ward County Councillor) addressed the Committee in support of the application. The representation
covered the following issues: (i)
Suggested it
was a matter of contention if planning permission had been breached. (ii)
Queried if
recommended enforcement action was appropriate. (iii)
A1/A3 use
permission had been given for the site. The decision notice setting this out
had been delayed by six months, which led to inconvenience to the Applicant’s
business and ones it had dealings with. (iv)
Suggested it
was unfair that the Council required building work to be undertaken now, when
permission to do so existed for 3 years. The Applicant felt Officers had
allowed him too little time to implement the permission. Condition 5 had been
discharged, so Councillor Sadiq asked why Officers were following their own
timetable instead of the applicant’s. (v)
Expressed
concern that Mill Road businesses were not equally scrutinised, as some were
perceived to be breaking planning permission conditions without enforcement
action being taken. (vi)
The survival
of the Applicant’s business was being threatened by enforcement action. Councillor Blencowe
proposed an amendment that enforcement proceedings would not be pursued on the
premises until September 2013 if application 11/0225/FUL had not been
implemented. This amendment was lost (4 votes to 4 – so amendment fell without
Chair’s casting vote). Councillor Herbert
proposed an amendment that a period of 12 months should be set for
compliance. This amendment was carried (7 votes to 0). The Committee: Resolved (7
votes to 0) to accept the
officer recommendation that an Enforcement Notice
is served on the owner and tenant of 102 Mill Road, Cambridge] to address the
breach of planning control namely the unauthorised change of use of 102 Mill
Road Cambridge from A1 to A3 and that the Head of Legal Services is authorised
by this Committee to issue such a notice under the provisions of S172 of the
Town and Country Planning 1990 (as amended). A period of 12
months for compliance with the Enforcement Notice was set from when the notice
comes into effect. |
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36a Mill Road Minutes: The Committee
received an application for planning enforcement action to be taken. The application sought authority
to undertake the next course of enforcement action
following failure to comply with the Enforcement Notice set out in Appendix A
of the Officer’s report. Officers only recommend prosecution when all other
attempts at resolving the breach of planning control have failed. As the owner
has not taken the necessary steps to comply with the Enforcement Notice,
officers are of the opinion that prosecuting the owner for the offence of
failing to comply with the Enforcement Notice is in the public interest in
order to protect the character and appearance of the Conservation Area. Site: Zi’s Piri Piri, 36a Mill Road, Cambridge. Breach: Failure to comply with the
requirements of an Enforcement Notice served following development undertaken
without the benefit of planning permission. The Committee: Resolved (unanimously) to accept the officer recommendation to authorise the Head of Planning to instruct the Head of Legal to commence legal proceedings against the owner, Mr Hussein, because the end of the period for compliance with the Enforcement Notice has expired and the steps required to be taken by the Notice have not been taken which is an offence contrary to section 179 (2) Town and Country Planning Act 1990. |