Agenda and minutes

In accordance with the Members’ Code of Conduct, the Vice-Chair Councillor Iris Beech, declared an Disclosable Pecuniary interest in Application No. 17/00095/FULM, Agenda Item 5 (1), by virtue of being a Member of Askern Miners Welfare Club and took no part in the discussion at the meeting and vacated the room during consideration thereof.

In accordance with the Members’ Code of Conduct, Councillor Sue McGuinness declared an Disclosable Pecuniary interest in Application No. 18/00205/OUTM, Agenda Item 5 (2), by virtue of being involved in the various discussions in relation to the application at  Armthorpe Parish Council meetings 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 3rd April, 2018 be approved as a correct record and signed by the Chair.

RESOLVED that upon consideration of a Schedule of Planning and Other Application 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:-

The Committee considered a report seeking approval to a variation to the Section 106 Agreement for a development of 22 dwellings at the former Blacks Engineering Works, Barton Lane, Armthorpe.

It was reported that at its meeting on 4th April, 2015, Planning Committee approved outline planning permission for a residential development and the decision noticed being issued on the 12th December, 2016 following the signing of the Section 106 Agreement. It was noted that no viability assessment was undertaken and the land owner agreed to the full quota of contributions in order to gain permission and sell on the site.

Members were advised that the site had since been sold to the current applicants who applied for a reserved matters application for 22 dwellings, which was approved. The new owners are unable to borrow the money to develop the scheme due to the necessary S106 contributions. The developer had submitted a viability appraisal and supporting evidence which had been independently assessed by 2 financial viability consultants, the latter being the District Valuer (DVS).

It was reported that the DVS had considered that the price paid for the land was having a significant impact on the deliverability of the scheme and considered the current S106 makes the scheme unviable. The DVS had suggested that the agreement be reduced to include 2 (9%) affordable houses and £30,000 financial contribution, which could either be split between Education and Public Open Space or dedicated to 1 or the other.

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

RESOLVED that a Deed of Variation to vary the terms of the Section 106 Agreement dated 7th September 2016, to amend the affordable housing units from 6 to 2 units and reduce the combined Education and Public Open Space (POS) contribution from £109,165 to £30,000; the £30,000 be allocated to POS improvements and that delegated authority be given to Officers to determine where the POS improvements are to be made, but that the project be within the vicinity of the site as required by the Community Infrastructure Levy (CIL) regulations.

RESOLVED that the following decision of the Secretary of State and/or his inspector, in respect of the under-mentioned Planning Appeals against the decision of the Council, be noted:-

The Committee considered a report on the outcome of the recent public consultation on a proposed Article 4 Direction (A4D) and an Additional Licensing Scheme for Houses in Multiple Occupation (HMOs) in parts of central Doncaster.

It was reported that an A4D was a local determination to restrict permitted development rights under the Town and Country Planning Act. It would mean that a property owner within the A4D area who wanted to turn their property into a small HMO of 3-6 people would be required to apply for planning permission, whereas at present, they would not need to. The A4D was proposed for the area covered by the plan at Appendix 1 of the report.

Members were advised that additional licensing gave the Council the power to require all landlords of HMOs included in the scheme, to apply for a licence and provide details of the management arrangements and the property. This would enable Officers to know where these properties were and place conditions on the licence holder to ensure minimum standards of safety, welfare and management were maintained.

It was noted that the A4D, being created under the Town and Country Planning Act, was a matter that the Committee may wish to take a view on and make such a view known to Cabinet prior to making a decision to proceed.

RESOLVED that the report on the proposed Article 4 Direction relating to Houses in Multiple Occupation be noted.

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 Paragraphs 5, 6 and 7 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 17th March to 17th April, 2018.

            RESOLVED that all Planning Enforcement Cases received and closed     for the period 17th March to 17th April, 2018, be noted.

The Committee considered a report advising Members on the on-going position in relation to the long standing breach of planning control of the continued storage of Sterefibre (SF) on a purpose built storage pad at the site of Hazel Lane Quarry.

Members were advised of the recent receipt of new planning applications and a condition discharge request to address the proposed removal of part of the SF from the site and the impact that this has had on the appeals which were made in respect of the refusal of the 2015 planning application, refusal of the application for a Certificate of Lawful Use, and refusal to discharge Condition 29 of the Quarry permission.

Members were presented with background to the issue and an update on the process followed to date.

            RESOLVED that the report be noted.