To receive apologies for absence (to include reasons, where appropriate) from Members/Officers

Apologies were received from the following Members:

Councillor D Owen                        -        Work Commitments

Councillor J H Tildesley MBE       -         Other Council Business

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To confirm a date of Wednesday 4 March 2015 (am) for proposed site inspections arising at the meeting, or identified in advance of the next Committee by the Chairperson

RESOLVED:         That the date for site inspections (if any) arising from the meeting, or identified in advance of the next meeting of the Committee by the Chairperson, was confirmed as Wednesday, 4 March 2015 (am).

To receive and confirm the Minutes of a meeting of the Development Control Committee dated 8 January 2015

RESOLVED:         That the minutes of the Development Control Committee of the 8th January 2015 were approved as a true and accurate record.

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To advise Members of the names of the public speakers listed to speak at today’s meeting (if any)

The Group Manager Development read out for the benefit of those present the names of the public speakers addressing the following application which was considered at the meeting:

To receive declarations of personal and prejudicial interest (if any) from Members/Officers including those who are also Town and Community Councillors, in accordance with the provisions of the Members’ Code of Conduct adopted by Council from 1 September 2008. Members having such dual roles should declare a personal interest in respect of their membership of such Town/Community Council and a prejudicial interest if they have taken part in the consideration of an item at that Town/Community Council contained in the Officer’s Report’s below

The following declarations of interest were made:

           All Members present declared a personal interest in Planning Application P/14/840/OUT in  that they knew the applicant.

That the Chairperson accepts the Development Control Committee Amendment Sheet as an urgent item in accordance with Part 4 (paragraph 4) of the Council Procedure Rules, in order to allow for Committee to consider necessary modifications to the Committee report, so as to take account of late representations and revisions that require to be accommodated.

The Chairperson confirmed that he had accepted the Development Control Committee amendment sheet as an urgent item in accordance with Part 4 (paragraph 4) of the Council’s Procedure Rules, in order to allow for the Committee to consider modifications to the Committee report, so as to take account of any late representations and revisions that require to be accommodated.  

RESOLVED:     That the following application be granted, and plenary power be given to the Corporate Director – Communities to issue a decision notice after 11 February 2015, if no new adverse representations are received, subject to the Conditions contained in the report, in addition to the standard Conditions:-

Code No.               Proposal

P/14/840/OUT        Land rear 14 Manor Grove, Porthcawl – Detached residential dwelling (Outline Application)

Subject to the following Conditions 8, 9 and 10 and Note o) :-

                          8. Notwithstanding the submitted plans, no development shall commence until a scheme has been submitted to and agreed in writing by the Local Planning Authority showing the site frontage boundary with Manor Grove being set back and a 1.2m wide segregated footway which shall appropriately link into the existing footway on the South Eastern side of Manor Grove. Such a scheme shall be fully implemented in accordance with the agreed details before the development is brought into beneficial use.

                              Reason: In the interests of highway safety and to promote sustainable means of transport to/from the site

                           9. The development hereby approved shall be served by a single means of   access from Manor Grove

                               Reason: In the interests of highway safety

                          10. There shall be no means of pedestrian or vehicular access created at any time on the northern, eastern or south eastern site boundaries of the dwelling

                               Reason: In the interests of highway safety

                               Note:

                           o) The applicant/developer is advised that the south-eastern corner of the application site boundary appears to include part of the highway. Final plot layout and detailed designs of the development shall not include this land within the scheme.   

              RESOLVED:           That the following application be granted, subject to the Conditions contained in the report of the Corporate Director – Communities in addition to the standard Conditions:-

              Code No                   Proposal

              P/14/772/OUT          Land at Carreg Llwyd, Broadlands, Bridgend – Site access and two detached dwellings

RESOLVED:      (1) That having regard to the following application the applicant be required to enter into a Section 106 Agreement to agree a route for heavy goods vehicles which only permits them to travel to and from the site and the A48 via Mount Pleasant Road and Heol y Splott, and that such vehicles only turn left from Heol y Splott onto the A48:

Code No.                 Proposal

P/14/700/FUL           Parc Stormy, Stormy Down Airfield, Stormy Down – Anaerobic digestion facility for 30 year period with associated buildings and works

                            (2) That the Corporate Director – Communities be given plenary powers to issue a decision notice granting respect of this proposal once the applicant has entered into the afore mentioned Section 106 Agreement, subject to the Conditions contained in the report.

                                Subject to the following further Conditions being included in the consent:

                             24. No development shall commence until such time as a scheme to dispose of foul drainage has been submitted to and agreed in writing by the Local Planning Authority. The scheme shall be implemented as agreed.

                             25. No development shall commence until a scheme for the provision of a widened access/egress (supported by vehicle swept path diagrams) has been submitted to and agreed in writing by the Local Planning Authority. The improved access shall be implemented in permanent materials for a distance of no less than 15M before the development is brought into beneficial use and retained as such thereafter.

RESOLVED:         (1)  That the following application be referred to Council as a proposal that is a departure from the Development Plan that the Development Control Committee is not disposed to refuse, for the reason outlined in (A) (i) of the report of the Corporate Director - Communities:-

Code No.               Proposal

P/14/763/FUL       The Rest Convalescent Home, Rest Bay, Porthcawl – C/u The Rest to 34 Res. Units, build 34 Res. Units, demolish unsympathetic Ext., car park, landscape and assoc. works.

                          (2) That if the Council were minded not to refuse the development then the Corporate Director – Communities be given plenary powers to issue a decision notice in respect of this proposal once the applicant has entered into a Section 106 Agreement, subject to the provisions outlined in Paragraph (B) (i) and (ii) and the Conditions contained in the report.

The Corporate Director – Communities submitted a report, advising that Members at the last scheduled meeting of Committee on 8 January 2015 had been minded to refuse planning permission for the above planning application, contrary to the Officer’s recommendation contained within that report, and that a further report be presented to Members today, including draft reasons for refusal. These reasons were shown reference numbered 1. and 2. on page 65 of the report. However, the Amendment Sheet to the Committee report outlined two alternative draft reasons that Officers felt should be considered as alternatives to those contained in the report, together with certain other further information deemed relevant to the application. During the course of debate upon the report, a motion was made, duly seconded and carried, to add to the amended draft reason 2. for refusal, the words “and in addition, the proposal was not in accord with ENV 6 of the Local Development Plan”

The Group Manager Development advised Members that following the last Committee meeting, a Member made a request for further information on the level of amenity space proposed for the development. The response to this was outlined in the report, and the Officer gave a resume of this for the benefit of Committee Members.

Members then debated the report and Officers responded to the points they made in respect of the application. The Group Manager Development advised Members that the reasons put forward for refusal of the application, were unlikely to be defended upon Appeal by the applicant.

Following this, a vote was taken individually, as to whether or not to agree to each of the  two reasons for refusal of the application, as outlined in the report. 

Members subsequently voted not to accept the draft reasons for refusal put forward (as amended), with the second such reason being voted against by the Chairperson by way of a second casting vote.

As a result of the above, Committee

RESOLVED:                     That the above application be granted subject to the Conditions (and Notes) received in the report of the Corporate Director – Communities to the Development Control Committee dated 8 January 2015, and subject to the following:-

That Condition of the above report 2 be replaced as follows:-

(2)     Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) (Amendment) (Wales) Order 2013 (or any Order revoking and re-enacting that Order with or without modification), no development which would be permitted under Article 3 and Classes A, B , C , D , E & G of Part 1 to Schedule 2 of the Order shall be carried out within the curtilage of the dwelling without the prior written consent of the Local Planning Authority.

Reason: In the interests of visual and residential amenities.

The addition of the following Note l)

                                       l) The developer is reminded:-

i.    To ensure that he/she has full control of the land to which this    consent (the red line boundary) relates, and;

  ii.  Failure to comply with Condition 1 above  ...  view the full minutes text for item 13.

              RESOLVED:            (1) That it be noted that the Inspector appointed by the Welsh Ministers to determine the following appeal has directed that it be ALLOWED, and the disputed Condition removed.

              Code No.                  Subject of Appeal

              A/14/2225002(1743) Relax Condition 13 of P/11/798/FUL to omit the provision of a pedestrian crossing on Blackmill Road: Former Maesgwyn hospital, Highland Avenue, Bryncethin.

                                          (2) That it be noted that the Inspector appointed by the Welsh Ministers to determine the following appeal has directed that it be DISMISSED:

              Code No.                 Subject of Appeal

              A/14/2226395(1744) Change of use of ground floor to tea rooms (A3) and retain residential use to 1^st floor: The Breakers, 17 West Drive, Porthcawl

                                           (3) That it be noted that the Inspector appointed by the Welsh Ministers to determine the following Appeal has directed that it be Allowed subject to Conditions:

            Code No.                  Subject of Appeal

            A/142225624(1745) Change of use from A1 to A3 (Take away), 31 Commercial Street, Kenfig Hill

                                           (4) That it be noted that the Inspector appointed by the Welsh Ministers to determine the following Appeal has directed that it be ALLOWED subject to a new Condition:-

            Code No                   Subject of Appeal

            A/14/2226490(1746) Relaxation of Condition 4 of P/12/878/OUT to allow opening between 0700 – 2300 every day of the week: 270/270A New Road, Porthcawl

             The Group Manager Development submitted a report attaching data regarding a customer satisfaction survey undertaken by Data Unit Wales on behalf of the Planning Officer’s Society Wales (POSW).

              He then gave a resume of the data included in Appendix A to the report, confirming overall that the Planning Department of Bridgend County Borough Council performed above the all Wales average in respect of the time taken to process planning applications and other elements that comprised positive characteristics of a good and effective planning service.

               RESOLVED:          That the report be noted with pleasure.

RESOLVED:            That the following date for a training session of the Development Control Committee to take place as outlined in the report of the Corporate Director – Communities was noted, with it further noted that a request was made for training sessions on car parking and calculations regarding the allocation of school places fo schools at new developments:

To consider any other item(s) of business in respect of which notice has been given in accordance with Part 4 (paragraph 4) of the Council Procedure Rules and which the person presiding at the meeting is of the opinion should by reason of special circumstances be transacted at the meeting as a matter of urgency.