Meeting documents

Ms C Kelham, Planning Graduate, presented the application which sought agreement for the use of land for storage of empty skips, empty containers and skip lorries.

Ms Kelham gave an overview of the application and the Committee received a presentation showing the plans and photographs.  Ms Kelham highlighted the following:

• Since the publication of the report comments had been received from the AVDC Environmental Health Officer. There was no objection with regard to noise subject to the mitigation measures detailed in the acoustic report being implemented and maintained.
• The proposed development would require clearance of a former landscape area which had been planted with tress and allowed to regenerate as a brownfield site.  A lack of survey information meant that it was not possible to establish the significance of that   loss.
• The Buckinghamshire County Council ecologist had also advised that there was reasonable likelihood of European protected species being present and further survey information was required.
• The applicant considered the request for survey information as unreasonable.

Public Speaking

Mr Hoy, agent for the applicant attended the Committee and spoke in support of the application.  Mr Hoy’s main points had been circulated to Committee Members prior to the meeting and are appended to the minutes.  Mr Hoy raised the following key points:

·         The site was too small to meet the criteria for ‘open mosaic habitats’.

·         The Birds and Habitats Directive’ did not apply to the site.

·         The trees lost were too small to accommodate nesting birds.

·         The distance and inhospitable terrain impeded any GCN’s realistic access to the site.

·         The applicant strongly contended that the reason to refuse permission was flawed.

·         Other applications made to other local authorities regarding the site had not asked for the additional survey information requested by the County Council.

A Member of the Committee raised the point about previous applications not requiring survey data.  Ms Kelham confirmed that applications determined by the County Planning Authority in 2011, 2013 and 2014/5 had required surveys.  Mr Reed also stated that the application was to be determined on the information as set out in the report and not based on any previous applications made.

The Committee also discussed the reasons why the applicant had carried out the surveys if this was a requirement by the County Council.  Mr Hoy responded by saying that they did not believe the survey was necessary.  Their ecologist had carried out a walk over survey and believed that the likelihood of Great Crested Newts being present was improbable.  Members of the Committee discussed that this was a judgement call based on the two ecologist opinions.  The Committee discussed options on how best to resolve.

Summary Recommendation:

The Development Control Committee is invited to REFUSE application no. CM/0002/18 for the reasons set out in the report.

There was no support from Members to refuse the application.

The following amended proposal was put forward Mr C Clare.

Delegate authority to Officers to approve or refuse the application once further information required was forthcoming.

The amended proposal was seconded by Mr Reed and the following vote was recorded: 

RESOLVED: The Committee AGREED the amended proposal as set out above.