Agenda and minutes

In accordance with the Members’ Code of Conduct, Councillor Sue McGuinness, declared an interest in Agenda Item No. 6, Notice to Remove Hedgerows, and took no part in the discussion at the meeting and vacated the room during consideration thereof.

RESOLVED that the minutes of the meeting held on 6th February, 2018 be approved as a correct record and signed by the Chair.

RESOLVED that upon consideration of a Schedule of Planning and Other Applications received, together with the recommendations in respect thereof, the recommendations be approved in accordance with Schedule and marked Appendix ‘A’.

RESOLVED that prior to the issue of planning permission in respect of the following planning application, which is included in the Schedule of Planning and Other Applications marked Appendix ‘A’ and attached hereto, the applicant be required to enter into an Agreement under Section 106 of the Town and Country Planning Act 1990, regulating the development:-

RESOLVED that in accordance with Council Procedure Rule 33.1, the Committee, having sat continuously for 3 hours, continue to consider the items of business on the agenda.

In accordance with Council Procedure Rule 4(i), the Committee agreed to the variation of the order of business that Agenda Item No. 6, Notice to Remove Hedgerows, be considered before Schedule No. 5 on Agenda item No. 5, Schedule of Planning Applications, to allow the attendance of the Trees and Hedgerows Officer.

RESOLVED that in accordance with Council Procedure Rule 18.11(f), the meeting stand adjourned at 5.05 p.m. to be reconvened on this day at 5.10 p.m.

The meeting reconvened at 5.10 p.m.

The Committee received a report on a Hedgerow Removal Notice.  It was reported that on 30th January, 2018 the Council received a Hedgerow Removal Notice made under Regulation 5(1) of the Hedgerow Regulations (1997) for the removal of seven hedgerows totalling 1369m in length (seen in Appendix1).  The hedgerows subject to the Hedgerow Removal Notice fell within the scope of the Hedgerow Regulations (1997) by virtue of growing on agricultural land, being over 30 years old and all greater than 20 metres in length.

Members were advised that the reason provided for the submission of the Hedgerow Removal Notice was to enable the commencement of development referenced 15/03013/OUTM.  It was noted that the Council had 42 days to respond to a Hedgerow Removal Notice, after which time any subject hedgerow may be removed unless the Council served a Hedgerow Retention Notice within the 42 day period.  It was also noted 15 objections had been received at the time of the compilation of the report. Following the compilation of the report a consultation response from the statutory consultee, Armthorpe Parish Council and two further representations all objecting to the proposed works, had been received.

Members attention was also drawn to a clarification within paragraph 7 of the report.

The Committee was advised that the decision whether to serve Hedgerow Retention Notices was put before Members following a request by Councillor Chris McGuiness and Members were required to give due consideration to this and to the representations made when reaching their decision.

In accordance with Planning Guidance ‘Having Your Say at Planning Committee’, Mr. Gwynn Stubbings representing the Applicant, spoke in support of the application for the duration of up to 5 minutes.

Upon the Chair declaring that there was an equal number of votes cast for and against the application, the Chair, Councillor Eva Hughes, in accordance with Council Procedure Rule 21.2, exercised her right to use her casting vote and voted to approve the report in that grant the Hedgerow Retention Notices be not served.

RESOLVED that the Hedgerow Retention Notices not be served.

RESOLVED that the public and press be excluded from the remaining proceedings of the meeting, in accordance with Section 100(A)(4) of the Local Government Act 1972, as amended, on the grounds that exempt information as defined in Paragraph 6 of Schedule 12A to the Act, is likely to be disclosed.

The Committee considered a report which detailed all Planning Enforcement complaints and cases received, and closed during the period 23rd January to 20th February, 2018.

In response to the Chair, Councillor Eva Hughes seeking further clarification with regard Enforcement Case 18/00061/M, the Head of Planning, Richard Purcell, undertook to provide Councillor Hughes with a progress report on the specific details of the case following the meeting.

RESOLVED that all Planning Enforcement Cases received and closed for the period 23rd January to 20th February, 2018, be noted.