Agenda and minutes

There were no apologies received.

To receive declarations of Members disclosable pecuniary interests and conflicts of interest.

There were no declarations from Members of any pecuniary or conflicts of interest.

Councillor Bob Sleigh requested to speak on applications 2021/01632 and 2021/01633 – Chestnuts Farm, Eastcote Lane, Hampton-in-Arden.

There were no questions or deputations.

To approve the minutes from the meeting of 7 September 2022.

The minutes of the meeting held on 7 September 2022, were confirmed as a true record.

Refused, as per Officer recommendation, for the following reasons:-

(1)  The retrospective development considered in this application amounts to inappropriate development in the Green Belt. This causes harm by definition, harm to openness and is contrary to the purposes of including land in the Green Belt. It is not considered that any very special circumstances have been put forward in support of the proposals to outweigh this harm clearly and decisively. Therefore, Very Special Circumstances do not exist that would need to be demonstrated in accordance with the NPPF and Policy P17 of the Solihull Local Plan if the presumption against inappropriate development in the Green Belt is to be overcome. The proposed development is therefore contrary to the NPPF and to Policy P17 of the Solihull Local Plan;

(2)  The retrospective development considered in this application is contrary to Policy P15 of the Solihull Local Plan regarding its scale, expanse and appearance, resulting in harm to the character and appearance of this rural landscape and surrounding area;

(3)  It has not been demonstrated that the retrospective development considered in this application for the existing yard and building for waste recycling and ancillary skip hire occupied by C&R Lewis – part of Dovetail Group complies with Policy P12 of the Solihull Local Plan (SLP) and is not identified on the proposals map in the SLP which deals strategically important waste management sites that are supported in principle; and

(4)  Policy P3 of the Solihull Local Plan seeks to encourage the creation of new small and medium sized enterprises subject to various criteria, including that the business must be appropriate in form, use and scale to the character of the particular location, and when located in the Green Belt proposals must be consistent with Green Belt Policy. The proposal is harmful to the character and appearance of the area and represents inappropriate development that is harmful to the openness of the Green Belt and the purposes of including land within it. As such the proposal fails to accord with the provisions of Policy P3 of the Solihull Local Plan 2013.

A statement of objection was read out on behalf of Mrs Joan Bylinski and concerned residents of Eastcote Lane, Councillor Bob Sleigh also spoke against the application whilst Mr Richard Cobb spoke in support.

Refused, as per Officer recommendation, for the following reasons:-

(1)  The retrospective development considered in this application amounts to inappropriate development in the Green Belt. This causes harm by definition, harm to openness and is contrary to the purposes of including land in the Green Belt. It is not considered that any very special circumstances have been put forward in support of the proposals to outweigh this harm clearly and decisively. Therefore, Very Special Circumstances do not exist that would need to be demonstrated in accordance with the NPPF and Policy P17 of the Solihull Local Plan if the presumption against inappropriate development in the Green Belt is to be overcome. The proposed development is therefore contrary to the NPPF and to Policy P17 of the Solihull Local Plan; and

(2)  The retrospective development considered in this application is contrary to Policy P15 of the Solihull Local Plan regarding its scale, expanse and appearance, resulting in harm to the character and appearance of this rural landscape and surrounding area.

A statement of objection was read out on behalf of Mrs Joan Bylinski and concerned residents of Eastcote Lane, Councillor Bob Sleigh also spoke against the application whilst Mr Richard Cobb spoke in support.

A split decision with conditional approval, as per the Officer recommendation, to approve the felling of the 3 Beech, 1 Horse Chestnut and 1 Oak tree but retain the Sweet Chestnut. Condition CT03 to be deleted together with the informative relating to replacement tree planting and species and replaced with a new condition to read:-

(3) Within the first available planting season following the felling of the tree/trees replacement trees shall be planted in accordance with details confirming size, species, numbers and location to be first agreed with the Local Planning Authority in writing. These details shall demonstrate the following:

T1 (Oak) – to be replaced by a heavy standard Ulmas (disease resistant Elm);

T2 (Horse Chestnut) – to be replaced by a heavy standard Sheriden Spire or heavy standard Liquid Amber (relatives of a Lime tree);

T4 T5 T6 (Beeches) – to be replaced by a heavy standard Liquid Amber or heavy standard Magnolium Lime.

These details must be agreed before the removal of the trees unless otherwise agreed in writing with the Local Planning Authority.

In the interests of the character of the area in accordance with Policy P15 of the Solihull Local Plan 2013.

Councillor Diana Holl-Allen advised that she knew Ms Orton and took no part in the proceedings.

Ms Susie Orton spoke against the application whilst Mrs Linda Hughes-Jones spoke in support.

Conditional approval as per the officer recommendation, and subject to the completion of a Unilateral Undertaking/Section 106 Agreement to compensate for the loss of biodiversity at the site.

Conditional approval with an associated Section 106 legal agreement dealing with Ecology, and as per the Officer recommendation, with the following additional condition:-

(13) Notwithstanding submitted plans, the bin storage and cycle storage are not approved. Details to demonstrate the layout of bin and bike store shall be submitted to and approved in writing by the Local Planning Authority prior to first occupation of the additional roof level apartments. Submitted details shall provide a handed layout whereby the bin store is located away from the boundary with no. 26 Marsh Lane with the enlarged cycle store positioned toward the common boundary to no. 26 Marsh Lane. Details shall also demonstrate that access to both the cycle storage and bin store are not impeded by adjacent parked cars. Details shall be implemented as approved.

For reason of residential amenity and Policy P14 of the Solihull Local Plan 2013.

Mr Steven Butler spoke against the application.

The appeal decision received for application 2022/00015 – Newnham, Bickenhill Lane, Marston Green was noted.

The delegated decisions received for the period 31 August - 26 September 2022, were noted.