Agenda and decisions and minutes

Apologies were received from Alan Oxley, John Cartwright and Chaudhary Ditta.  Mrs Patricia Lindsley substituted for Mr Oxley.

To declare any personal and prejudicial interests

The Officer from Legal & Democratic Services brought to the attention of the Committee that there may be a suggestion that some members of the Committee may have pre-determined one or possibly two of the planning applications before the Committee today.  The applications concerned are Items 4 and 5. which related to land at Marsworth Airfield.

The suggestion of pre-determination related to a ‘Focus’ special edition, produced by Avril Davies and Corry Cashman which bears a Liberal Democrat logo.  The Officer asked, for clarity, if members of the Liberal Democratic group on the Committee would confirm their position firstly on the document in question and secondly with regard to the applications.

Mrs Mary Baldwin (Liberal Democrat Group Leader) confirmed that she had no previous knowledge of the ‘Focus’ special edition and had had no discussions with the Local Member Mrs Avril Davies, but that she had come to the Committee with an open mind, as she always did as a member of the Development Control Committee

Mrs Patricia Lindsley stated that she had been a member on the Planning Committee for Chiltern District Council for 12 years and, as with Mrs Baldwin, had no knowledge of the publication in question from Mrs Davies.  Nor had she had any discussions with Mrs Davies prior to the Committee meeting, to which she had come with an open mind.

Mrs Brenda Jennings declared an interest in Item 6 on the agenda because she is a Governor of Aylesbury College, which is adjacent to the Sir Henry Floyd Grammar School.

of the meeting of the Committee held on 27 November 2007, to be confirmed as a correct record

The minutes of the meeting held on 27 November 2007 were confirmed.

APPLICATION NO:  06/20008/AWD

Electoral Division:  Ivinghoe – Avril Davies

Town/Parish Council:  Marsworth

Report of the Head of Planning and Environment

RESOLVED

A     The Committee reviewed the decision of 16^th January 2007 to approve application no. 06/20008/AWD for the proposed revisions to the permitted layout and retention of a trommel at the materials recycling facility at the airfield industrial site, Long Marston, Buckinghamshire and REFUSED the amended application 06/20008/AWD for the proposed revisions to the permitted layout and retention of a trommel and an increase in maximum daily vehicle movements from 24 to 84 per day for the following reasons:

a)         The applicant has failed to operate the site in the period since 16^th January 2007 in accordance with the details set out in   application 06/20008/AWD or in accordance with consent 02/02229/ACC. Paragraph 5.5.3 of the Buckinghamshire Minerals and Waste Local Plan 2004 – 2016, states that an operator’s past record of compliance with planning control is a material consideration in the consideration of new development proposals. It is therefore considered that the applicant has failed to demonstrate a satisfactory past record of compliance with planning control and that planning permission should therefore be refused.

b)        The proposed increase in vehicle movements would generate a significant additional level of disturbance to the amenity of local residents and other road users by way of noise, vibration and the additional number of traffic movements contrary to the provisions of policies TR1A, TR11 and policies 28 and 30 of the Buckinghamshire Minerals and Waste Local Plan 2004 – 2016.

B         ENDORSED the taking of appropriate enforcement action and the commitment of the necessary resources to remedy the breach of planning control. 

Members received the report of the Head of Planning and Environment which sought determination of the application.

The Committee was informed that a letter had been received from Messrs Ottaways Solicitors, acting for the applicant, which requested that this application be deferred so that further negotiations could take place between Cairns and Camiers with regard to the number of HGV movements being requested.

Members were asked whether they wished to defer the two applications referred to, or hear the presentations and debate the applications before them, prior to making any decision.  It was proposed and seconded that the Committee should proceed with deliberation of this application.  The Committee members agreed.

Member saw two videos and photographs relating to the site at Marsworth Airfield.

It was noted that not all lorries seen in the videos were associated with the sites for which applications had been made.  Officers were concerned with the state of the Cairns site and the fact that further material would be added, they were particularly concerned that the site was not operating in accordance with the current conditions.  However, it was noted that the applicant is prepared to work with officers in order to resolve the situation.  Remedial work had already been carried out around the pond area but there was still an element of waste by the pond.

The Committee noted the concern raised by residents on Station Road regarding noise and vibration.

Members were reminded that there would be public speaking with regard to this item and the Chairman welcomed to the meeting Mr Lee Thacker from CALM, Mr Chris Pole, Parish Councillor for Cheddington Parish, Mr Douglas Raine from Messrs Ottaways, on behalf of the applicant and Mrs Avril Davies, Local Member.  Mr Thacker, Mr Pole and Mrs Davies all spoke in objection to the application.

Members asked the speakers for further clarification on particular issues and the following was noted:

·         Although the Police had advised that it was dangerous to walk along Cheddington Lane and Long Marston Lane, this had not been confirmed in writing.  Concern was also expressed regarding school children who may have to walk along these roads.

·         The representative for the applicant confirmed that once the Camiers application had been made and they had been asked to share costs for traffic survey, further negotiations were put on hold until the results of the survey were received.  Mr Raine was concerned that the applicant had not had an opportunity to discuss matters with Highways Development Control until the results of the survey were to hand.  It was also noted that the traffic survey did not distinguish heavy goods vehicles from light goods vehicles.

·         Waste was received from Milton Keynes, Aylesbury and Hemel Hempstead.  The applicant no longer occupied the Radlett site.

·         Of the 96 complaints received from residents, the majority of them related to HGV movements and other movements on the site.  Members noted that the first application in January 2007 referred to the routing of  ...  view the full minutes text for item 4.

APPLICATION NO:  07/20009/AWD

Electoral Division:  Ivinghoe – Avril Davies

Town/Parish Council:  Marsworth

Report of the Head of Planning and Environment

RESOLVED

Application 07/20009/AWD to amend condition 5 of application no. APP/0164/92 to increase HGV movements to 124 per day at the waste transfer station at unit 32, the airfield industrial site, Long Marston, Buckinghamshire was REFUSED on the grounds that it would generate a significant level of disturbance to the amenity of local residents and other road users by way of noise, vibration and the additional level of traffic movements contrary to the provisions of policies TR1A and  TR11 of the County Structure Plan and policies 28 and 30 of the Buckinghamshire Minerals and Waste Local Plan 2004 - 2016. 

Members received the report of the Head of Planning and Environment, which sought determination of the above application.

The Committee noted that since the report was produced, comments had been received from Highways Development Control, who had no objection to the application with regard to highway safety.  However, concern was expressed regarding the state of the roads and a request was made to limit the number of large vehicles to prevent further deterioration.  A letter was also received by the Chairman from the local Member of Parliament and was circulated to the Committee.

The Committee also noted the following amendments to the Report:

·         That ‘HGV’ should be deleted and replaced with ‘Lorry’ throughout the report.

·         That reference to the anticipated comments from Transport Development Control be deleted from paragraph 40 on page 87, because comments were subsequently submitted.

Members’ attention was brought to the submission to the Committee on behalf of CALM (Campaign Against Lorry Menace) and the fact that some of the traffic count information provided does not align with CCTV evidence and the independent traffic count.

Although there was no public speaking for this item, it was noted that comments made by speakers for Item 4 on the Agenda referred equally to this item. 

The site deals with materials in a proximity of 20 to 24 miles, which includes Hemel Hempstead, St Albans, Aylesbury and Milton Keynes.  Aylesbury Vale District accounts for 56% of materials, 19% from Milton Keynes, 15% from Dacorum, 8% from Luton and 1% each from High Wycombe and Cherwell.

Members were concerned at the request to amend the recommendation from HGV to lorry but were informed that the current consent related to lorry movements and not HGV movements.  The Chairman commented that this would include any vehicle under the definition of ‘lorry’. However, if the Committee was minded to approve this application more terms could be inserted into any new consent which could be more specific.

The Committee voted to refuse the application as follows:

In favour of refusal:    6

Against refusal            0

Abstentions                 2

RESOLVED

Application 07/20009/AWD to amend condition 5 of application no. APP/0164/92 to increase HGV movements to 124 per day at the waste transfer station at unit 32, the airfield industrial site, Long Marston, Buckinghamshire was REFUSED on the grounds that it would generate a significant level of disturbance to the amenity of local residents and other road users by way of noise, vibration and the additional level of traffic movements contrary to the provisions of policies TR1A and  TR11 of the County Structure Plan and policies 28 and 30 of the Buckinghamshire Minerals and Waste Local Plan 2004 - 2016. 

APPLICATION NO:  CC/50/07

Electoral Division:  Aylesbury West – Freda Roberts and Steve Kennell

Town/Parish Council: Aylesbury

Report of the Head of Planning and Environment

RESOLVED

Application number CC/59/07 for the proposed construction of single storey system build 6^th Form Centre, 2 no. Single Storey Marquees and 20 space car park at Sir Henry Floyd Grammar School, Oxford Road, Aylesbury was REFUSED for the following reasons:

1)          The erection of marquees that are of little architectural merit and incompatible with the immediate surroundings of the site is contrary to the provisions of the policy GP.35 of the Aylesbury Vale District Local Plan and would also set an unwelcome precedent for similar development elsewhere;

2)          The site is located in Flood Risk Zone 3 and the Flood Risk Assessment fails to address the issues of flooding and is therefore contrary to the provisions of PPS 25: Development and Flood Risk.

Members received the report of the Head of Planning and Environment which sought determination of the application.

The Committee was informed that the objection from the Environment Agency with regard to flooding issues still stands, since the land is in flood Zone 3.  Members also noted that even though permission had been given for a new building for Aylesbury College, which is adjacent to the school, this had been applied for and consented before changes were made in the policy relating to flooding.  If the Committee was minded to approved this application, it would have to be sent to the Secretary of State for approval because of the flooding issues.

Members expressed concern regarding the use of marquees, particularly in bad weather.  It was noted that Environmental Health would have powers to control the noise levels emanating from them.

The Committee voted to refuse this application as follows:

In favour of refusal:    7

Against refusal            1

RESOLVED

Application number CC/59/07 for the proposed construction of single storey system build 6^th Form Centre, 2 no. Single Storey Marquees and 20 space car park at Sir Henry Floyd Grammar School, Oxford Road, Aylesbury was REFUSED for the following reasons:

1)          The erection of marquees that are of little architectural merit and incompatible with the immediate surroundings of the site is contrary to the provisions of the policy GP.35 of the Aylesbury Vale District Local Plan and would also set an unwelcome precedent for similar development elsewhere;

2)          The site is located in Flood Risk Zone 3 and the Flood Risk Assessment fails to address the issues of flooding and is therefore contrary to the provisions of PPS 25: Development and Flood Risk.

Electoral Division:  Buckingham South – Hedley Cadd

Town/Parish Council:  Biddlesden

Report of the Head of Planning and Environment

RESOLVED

The Committee AGREED that there is no longer any planning reason to require that Mearose Bungalow, Red Ditches Farm, Silverstone Road, Biddlesden be maintained with an agricultural occupancy requirement and recommended that the Head of Legal Services releases the restrictive covenant under the Buckinghamshire County Council Act 1957

Members received the report of the Head of Planning and Environment which sought determination of the application.

The Committee noted that no objections had been received from Aylesbury Vale District Council or the Local Member.  The building had not been used for agricultural occupation since 1978.

The Committee voted unanimously in favour of the request.

RESOLVED

The Committee AGREED that there is no longer any planning reason to require that Mearose Bungalow, Red Ditches Farm, Silverstone Road, Biddlesden be maintained with an agricultural occupancy requirement and recommended that the Head of Legal Services releases the restrictive covenant under the Buckinghamshire County Council Act 1957

Report of the Head of Planning and Environment

Members received the report of the Head of Planning and Environment.

The Committee NOTED the Report

The next meeting of the Committee will be held on Tuesday 22 January 2008

Dates of Future meetings:

The next meeting of the Committee will be held on Tuesday 22 January 2008 at 10.00am in Mezzanine Rooms 1 and 2, County Hall.

Dates of future meetings are as follows:

To resolve to exclude the press and public as the following item is exempt by virtue of Paragraphs 5 and 7 of Part 1 of Schedule 12A of the Local Government Act 1972 because it contains information in respect of which a claim to legal professional privilege could be maintained in legal proceedings and/or because it contains information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

RESOLVED

That the press and public be excluded for the following item which is exempt by virtue of Paragraph 5 of Part 1 of Schedule 12a of the Local Government Act 1972 because it contains information in respect of which a claim to legal professional privilege could be maintained in legal proceedings

Report of the Head of Planning and Environment

RESOLVED

The Committee NOTED the Report and AGREED to take the necessary action as recommended by the Head of Planning and Environment.

The Committee received the Report of the Head of Planning and Environment.

The Committee noted the report and, after discussion, voted in favour of taking the action recommended by the Head of Planning and Environment, as follows:

In favour                      7

Abstentions                 1

RESOLVED

The Committee NOTED the Report and AGREED to take the necessary action as recommended by the Head of Planning and Environment.