Wellington Town Council Planning Minutes - January 2009

MINUTES OF THE PLANNING MEETING OF WELLINGTON TOWN COUNCIL HELD IN THE UNITED REFORMED CHURCH HALL IN FORE STREET, WELLINGTON, ON MONDAY 5 JANUARY 2009 AT 6PM

PRESENT: Councillor P Critchard (Mayor),
Councillors J Clark, G Copley, G Goodwin, A Govier, J Govier, K C Hindley, Lloyd, D Mitton, V Stock-Williams and N Wilson.

Greg Dyke (Town Clerk), Julia Thorne (Assistant Clerk) and John Hamer (Taunton Deane BC Planning Manager).

There was one member of the public present.

14941 APOLOGIES
Councillors Reed, Henley and Walters

14942 DECLARATIONS OF INTERESTS
The Mayor (Councillor Critchard) and Councillor Copley stated that they were members of Taunton Deane Borough Council Planning Committee and reserved their right to vote differently at Taunton Deane Borough Council Planning Committee meeting than at the Town Council Planning meeting as different facts could be placed before them.

14943. APPLICATIONS TO BE DETERMINED BY TOWN COUNCIL:
Consideration was given to the following applications which were to be determined by the Town Council:

(a) Erection of single storey extension to 10 Post Close, Wellington (43/08/0139)
There appeared to be little impact on the street scene and the application was therefore felt to be acceptable.

Resolved that permission be GRANTED

(b) Conversion of garage to living accommodation at 9 Rope Walk, Wellington (43/08/0138).
This application was considered to be acceptable.

Resolved that permission be GRANTED


(c) Erection of single storey extension, demolition of outbuilding and erection of replacement building to provide Granny Annexe and erection of garden store at High View, Foxdown Hill, Wellington (43/08/128).
The Council agreed to suspend Standing Orders to allow the applicant, Mrs Jean Hoare to speak. Mrs Hoare said that no objections had been raised to this proposal. She also went on to explain the reasons why the “granny annexe” was to be provided.
The Council also received a report from the Planning Officer which recommended refusal because the proposed two storey granny annexe was tantamount to the erection of a separate dwelling. The plot was considered of insufficient size to accommodate a separate dwelling. It would also be out of character with the established layout and design of dwellings in the immediate vicinity and would have an adverse affect on amenity. Notwithstanding the objection to the proposed two storey development, a granny annexe in the form of an appropriately designed extension to Highview was considered to be acceptable.

Resolved that permission be REFUSED on the grounds set out in the Planning Officer’s report

14944 APPLICATIONS TO BE DETERMINED BY TAUNTON DEANE BOROUGH COUNCIL:
The Council considered the following applications and made the following recommendations
(a) Erection of an agricultural building at Twoses, Payton, Wellington (43/08/0134/AGN)

Recommended that permission be GRANTED.

(b) Application to carry out management work to 3 birch trees, one yew, one beech and one hawthorn included in Taunton Deane Borough (Wellington No. 2) Tree Preservation Order 1994 at Highbury, Pyles Thorne Road, Wellington (43/08/0135T).
Noted that consent had already been granted for this application.

(c) Reserved Matters for 17 dwellings at Cades Farm, Wellington, Part Amended Scheme to 43/07/0172 (43/08/0136)

Recommended that permission be GRANTED

(d) Application to carry out management works to one horse chestnut included in Taunton Deane Borough (Wellington No. 9) Tree Preservation Order 1997 at Pyles Thorne House, 10A Pyles Thorne Road, Wellington (43/08/0137T);

Recommended that permission be GRANTED

(e) Variation of condition 12 of application 43/06/0016 (which limits the amount of office accommodation to 2,230 sq m/24,000 sq ft) to allow an increase in the level of office accommodation to 6,131 sq m/66,000 sq ft at the Westpark 26 Business park, Chelston (43/08/0142)

Recommended that permission be GRANTED



(f) Change of use of part of first floor residential accommodation to recording studio at 14 – 18 North Street, Wellington (Amended Proposal to 43/08/0049) (43/08/0144).

Recommended that in view of the continuing noise problems in this property permission be REFUSED as the proposal was considered to be detrimental to amenities of surrounding residential properties.

(g) Display of internally illuminated fascia sign at Boots, 6 High Street, Wellington (43/08/145/A)

Recommended that CONSENT be granted

14945 PLANNING DECISIONS OF TAUNTON DEANE BOROUGH COUNCIL
It was reported that the following decisions had been made by Taunton Deane Borough Council:

(i) PERMISSION GRANTED FOR THE FOLLOWING APPLICATIONS:
(a) Demolition of building and erection of 2 dwellings, Phase 1 at land rear of 14 High Street, Wellington (Amendment to 43/2007/121);
(b) Demolition of building and erection of 6 dwellings, Phase 2 at land rear of 14 High Street, Wellington (Amendment to 43/2007/113);
(c) Retention of additional air cooled condenser unit on external wall to service gymnasium at Wellington Sports Centre, Corams Lane, Wellington (43/08/0123);
(d) Application to carry out management work to one oak tree included in Taunton Deane Borough (Wellington No. 4) Tree Preservation Order 1994 at 20 Dobree Park, Rockwell Green, Wellington (43/08/0125T);
(e) Erection of dwelling on land adjacent to 33 Chamford Lane, Wellington (43/08/0126).

(ii) Erection of two semi detached dwellings at land adjoining 8 Burgage, Wellington (amended design to 43/2008/090) has been WITHDRAWN

14946. PLANNING DECISION OF SOMERSET COUNTY COUNCIL
It was reported that planning permission had been granted by Somerset County Council for the following proposal:
Small extension to form a therapy suite and replacement of steps with accessible ramp and stairs at Wellesley Park Primary School, Homefield, Wellington (43/08/0124)

14947. APPEAL DECISION
Installation of emergency storm water drain in front elevation soffit at Wellington Conservative Club, 19 High Street, Wellington (43/2007/188LB).
It was reported that this appeal had been DISMISSED. The Inspector concluded that the emergency overflow pipe harmed the character of the building, “diluting its homogeneity, which is intrinsic to its special interest. That unnecessarily compromises the architectural and historic interest of the building”.

14948. PARISH PLANNING AGREEMENTS
Detailed consideration was given to a letter from Tonya Meers, Legal and Democratic Services Manager, Taunton Deane Borough Council regarding the Parish Planning Agreements that gave certain parishes a level of delegated planning powers.

Mrs Meers had informed the Town Council that whilst reviewing some of the Deane’s processes and procedures it had come to her attention that these agreements had now expired and were due for renewal.

She explained that it was the intention of the Government to greatly reduce the numbers of minor applications made to local planning authorities and this might have an effect on the number of applications sent to parish councils to determine.

In addition, Taunton Deane would be reviewing the agreements to ensure that they accurately reflected the changes in Council procedures following the implementation of its new computer system. The Town Council had therefore been asked to confirm whether it still wished to continue with these agreements.

However in looking at these processes there was one part that concerned Mrs Meers, as Monitoring Officer, greatly and, in her opinion, could leave members of this Council open to challenge on the grounds of pre-determination and bias thereby making a decision unlawful. This was where the Borough Council were told that the Parish/Town Council disagreed with its view and wished to have the planning officer attend before making the decision. This, she felt, could give the impression that a decision had been made already.

The Town Council were informed that as a result of this, a new system would be imposed upon it with effect from1st January 2009. A list would be received from the Planning Department of all applications that it could deal with under its delegated powers and it would be given 14 days in which to respond to say which applications it wished to deal with. If no response was received within that time, then the Borough Council would assume that the Town Council did not wish to deal with an application.


The Town Council, after discussing this matter, confirmed that it would very much like to continue with the operation of a delegated planning agreement. The intention of the Government to reduce the number of minor applications was acknowledged, but notwithstanding this intention, the Council wished to continue to exercise the planning powers that the delegation agreement would allow. The Council emphasised how much it appreciated the presence and wise Counsel of Planning Officer John Hamer at it’s meeting and hoped that this would continue.

With regard to the Monitoring Officer’s concern about pre determination, the Town Clerk reported that he took an entirely different view to that expressed in her letter. The circumstances described related to issues of pre disposition not pre determination. Two completely separate things. He felt that the example given would not result in an unlawful decision being reached. All the Parish Councils would be doing, would be to gain further information before coming to a final decision.

The Town Council were most perturbed to have received a letter from the Monitoring Officer on Christmas Eve which unilaterally changed an Agreement on 1 January without any kind of prior notification or consultation. They were also concerned that they did not fully understand the new system that would operate from 1 January. If they were to receive a list of planning applications that could be dealt with under delegated powers and be given 14 days to respond, then the situation would remain unchanged to that that currently existed if it merely “called in” all the applications on the list. This was something that required further clarification.

It was further explained that these changes were designed to accommodate the new Accolade computer system, to improve performance targets and to provide protection to Parish Councils. Unfortunately the perception of members was that it was a move towards removing the delegation agreement and thus reducing the powers currently available to the Town Council. In addition, members were disappointed that the needs of a new computer system and hitting performance targets appeared to be taking precedence over local decision making and maintaining good relations between the Deane and the parishes – particularly at a time when the Government appeared to moving towards the introduction of greater powers for local councils.

Resolved that;
(a) Taunton Deane Borough Council be informed that the Town Council wish to continue with its Planning Agreement;
(b) the Monitoring Officer be informed of the concerns expressed in relation to this matter as set out in this minute.


THE MEETING CLOSED AT 6.55 PM