Agenda, decisions and minutes

To receive any apologies from Members of the Committee.

Apologies were received from Councillor Dave Reilly who was replaced for this meeting by Councillor Margaret Bell.

Apologies were received from Councillor Chris Williams who was replaced for this meeting by Councillor Yousef Dahamsh.

Members are required to register their disclosable pecuniary interests within 28 days of their election or appointment to the Council. A member attending a meeting where a matter arises in which they have a disclosable pecuniary interest must (unless they have a dispensation):

• Declare the interest if they have not already registered it

• Not participate in any discussion or vote

• Must leave the meeting room until the matter has been dealt with (Standing Order 39).

• Give written notice of any unregistered interest to the Monitoring Officer within 28 days of the meeting Non-pecuniary interests must still be declared in accordance with the Code of Conduct. These should be declared at the commencement of the meeting.

In relation to Item 3, Councillor Neil Dirveiks and Councillor Margaret Bell confirmed they were members of the North Warwickshire Borough Council Planning Board; but that they had not taken part in the discussions or commented in relation to Item 3 at NWBC so that they could take part in the discussions today.

In relation to Item 4, Councillor Kate Rolfe confirmed that her children had attended the school in Henley when they were younger and that she had been on the Board of Governors. She no longer lives in the vicinity and has no current connection with the school.

In relation to Item 5, Councillor Neil Dirveiks confirmed that he had been a teacher at the school for many years but that he no longer had any links to the school, or staff.

None of the Councillors considered that they had an interest precluding them from participating in the agenda items concerned.

The minutes of the meeting held on the 8 December 2020 were agreed as a true and accurate record.  There were no matters arising.

Members are asked to note the applications dealt with under delegated powers since the last meeting.

The Committee noted the delegated decisions made by officers since the last meeting as presented in the report.

Resolved

That the Committee agrees to defer application NWB/19CC013 (New fire and rescue training centre including 'fire house' simulator and modular training building, land at DEFRA, Environment Agency Midlands Lea Marston Depot, Coton Road, B76 0BX) and request further information in relation to the questions and concerns raised at the meeting.

Before the presentation started, the Chair confirmed with members of the Committee that they had all received, and read, the written update from Warwickshire Fire & Rescue Service that had been circulated on Monday 1 February 2021.

It was also confirmed that due to the limitations on being able to carry out site visits because of the pandemic, Warwickshire County Council commissioned the use of a drone to allow Members to see the application site in context.

Sally Panayi, Senior Planner, presented the report to the Committee confirming that the application was the second of three applications submitted on behalf of Warwickshire Fire & Rescue Service. The first application was approved by the Committee in February 2020 and the third application is for a water rescue training facility which has yet to be presented.

The following points were highlighted to the Committee and details of the proposed structure were shown via a presentation, including photos taken by the drone.

o          It is proposed that the training facility would be used 16 days per month on average, totalling up to 194 days per year.

o          It was confirmed that there would be some evening and weekend use of the facility to train retained fire fighters.

o          The proposed site is in the Green Belt and is not considered to fall within the definition of previously developed land.

o          There have been no objections from Highways.

o          There is no material harm in relation to heritage.

In relation to harm to the Green Belt, it was noted that the National Planning Policy Framework (NPPF), says that substantial weight must be given to the harm caused by inappropriateness, and this is often called deemed or policy harm, but we  must also assess the actual harm on the openness of Green Belt.  Actual harm is assessed by reference to four dimensions as follows:

•           Spatial harm to the Green Belt is considered moderate for this application, as there is no existing built structure on the site therefore the openness of the Green Belt would not be preserved.

•           Visual harm is limited. It was noted that there are limited views of the site from public viewpoints.

•           Harm from the level of activity is considered to be moderate during the construction of the facility which would then reduce to a limited level of harm upon completion.

•           The impact on the openness of the Green Belt would be permanent.

It was noted that North Warwickshire Borough Council object to the application on the grounds of substantial harm to the Green Belt and they disagree that there are very special circumstances that would outweigh the harm.

In relation to potential noise impact, an assessment considered the noisiest activity would be the six portable water pumps and concluded that the Minerva unit would be unlikely to cause an adverse impact on the nearest properties. Environmental Health Officers were satisfied with the noise assessment and raised no objections.

Following a question in relation to potential odour from the Minerva  ...  view the full minutes text for item 3.

Resolved

That the Regulatory Committee authorises the grant of planning permission

for the proposed erection of a modular classroom to replace the existing

modular building, the provision of car parking and associated works, subject

to the conditions and for the reasons contained within Appendix B of the

report of the Strategic Director for Communities.

Sally Panayi, Senior Planner, presented the report to the Committee, confirming that the report had come to Committee as a result of the delegation agreement; the education department at Warwickshire County Council is under the same directorate as planning which means it should be considered by the Committee. There has also been an objection but in other circumstances this level of objection could be dealt with as a delegated matter.

The Committee noted that the proposed application is for a Special Educational Needs (SEND) unit at the Henley-in-Arden Church of England Primary School. The development would increase the available provision within Warwickshire and thereby reduce the number of SEND pupils who currently have to travel out of county. The application is for the removal of an existing temporary classroom to be replaced with a larger modular building.

The following points were noted by the Committee –

o          There is no issue in relation to the new building overlooking neighbouring properties.

o          Two trees would need to be removed but a condition is recommended to ensure the replacement trees proposed by the applicant are provided and maintained.

o          There has been no objection received from Highways and there is no changed proposed in relation to the access into the school from the highway.

o          A condition is recommended for a request to be made for the school to provide a green travel plan within six months of the project being completed.

Following a question from Councillor Clive Rickhards in relation to the green travel plan, it was confirmed that the plan will cover the whole site – the SEND provision and the primary school. It was noted that drop off and pick-up times have been staggered; the main school pupils will arrive earlier and leave later than the SEND pupils to avoid congestion.

Mr Tony Matthews, local resident, raised concerns in relation to the application. Mr Matthew’s primary objection was in relation to the traffic on Arden Road (a cul-de-sac with no turning area). The proposed application will result in 14 additional pupils, resulting in 14 extra vehicles on the road in the morning and the afternoon. Mr Matthews acknowledged that drop offs in the morning usually have a quick turnaround but at pick-up time in the afternoon, often cars will be waiting for pupils to finish; where will they wait?

Alison Fowler, Strategic Acquisitions and Disposals, confirmed that the Head Teacher had advised that SEND students are dropped off much later and that the pick-up time would be before the primary school.

Mr Matthews asked why the existing building could not simply be refurbished. It was confirmed that the increase in the size of the building was necessary due to the type and number of rooms required for the SEND unit. The current building would not allow the required infrastructure.

Following a question from Councillor Neil Dirveiks it was confirmed that the aim was to complete the replacement of the building over the summer holidays. The current temporary classroom would  ...  view the full minutes text for item 4.

Resolved

That the Regulatory Committee authorises the grant of planning permission

for segregation fencing and vehicular access gates between the existing

Hydrotherapy Pool building and the Pears Centre site, subject to the

conditions and for the reasons contained within Appendix B of the report of

the Strategic Director for Communities.

Matthew Williams, Senior Planner, presented the report to the Committee, confirming that the report had come to Committee as part of the delegation agreement; the education department at Warwickshire County Council is under the same directorate as planning which means it should be considered by the Committee.

The Committee noted that the proposed Hydrotherapy Pool would not be for use by the PEARS site; it would be transferred for use by Exhall Grange School.

The Committee noted that there are three phases planned for the PEARS site. This application is the first of three. The second application is being worked on and will be presented to the Committee at a later date. The third application is still in the development stage.

The Committee noted that the plans showed an internal road on site, leading to a car park, which the proposed fence would cut across. Concerns were received from Highways who highlighted the potential for a shortage of car parking spaces which could then lead to congestion if the PEARS school was re-opened. It was noted that the application for phase two would address this but as part of this application a condition is included that the PEARS site cannot be brought back into use until the car park issue is resolved.

The recommendation was proposed by Councillor Neil Dirveiks and was seconded by Councillor Mark Cargill. A vote was held, and the Committee voted unanimously in favour of the recommendation to grant planning permission.

Resolved

That the Regulatory Committee authorises the grant of planning permission for segregation fencing and vehicular access gates between the existing Hydrotherapy Pool building and the Pears Centre site, subject to the conditions and for the reasons contained within Appendix B of the report of the Strategic Director for Communities.