Transcript

you weren't a, I know you weren't there Keith, but there were two, what looked like could be magnificent copper beaches, which are in particular, but they had been hacked a little, but they were coming back and they were coming back strong, so I'm pleased to know that they weren't being taken down because they looked stunning and would look stunning going forward. I agree that, you know, our policy on trees should be strengthened and we can discuss that the planning policy bill because this, I think this planning committee will forever be known as the tree planning committee meeting, because every single application has been trees have been mentioned, which is right and I think the fact that we're doing that and concentrating on that is a good thing. Lisa, did you want to come back? Yes, thank you. So just responding to Councillor MELTON as part of this application, you're now under paragraph 7.22. We did consider whether it's appropriate to protect the trees, but they're not, they, trees have to meet a certain standard based on various different criteria as to whether they can be protected, otherwise people can challenge that as well. So it obviously always has to be able to justify our decisions. In this case, it wasn't considered and I can, I know it probably doesn't feel like it with tonight's agenda, but we do care about trees and where we can, we do look to protect them and when necessary, when they're under pressure from development, we do put on preservation orders. Thank you, Chair. It has been moved a seconder with the addition of the 10 years instead of 5 years in condition 8 for replanting, should trees die, give them, Councillor Oden's comments. I'm happy to move that change to condition 8 and the approval of the, I think on balance, I'm happy with moving approval and I think it is a balanced argument, this one, but the site visit was very useful on this occasion as it has been with other visits where trees are involved. David? Yeah, now second that of approval with the change to that condition 8. Any against? Any abstentions? Okay. Thank you, that's carried. My apologies, Chairman, I did send my apologies. You did indeed. I'll just add this to you. I'll go back as quickly as I can. I did the traffic into you at all. It's been pretty miserable today. Agenda item 11, Noat Castle. Castle gained no contract, Lisa. Thank you. So the report starts at page 117 of your agenda. For those of you who have been on planning committee for a little while, you might remember this report being presented originally back in November 2022 as well as the subsequent one as well for the Palace Theatre. And the rationale for this proposal was two-fold. A, planning permission is needed for when people want to film at both venues. And I'm going to talk generally across both to start with because it's not permitted development because in case of the castle, it's listed under scheduled monuments in the case of Palace, it's listed. It was also people going along with their mobile phones or little cameras. That is fine. You could do that anyway, but it's more the commercial side that we were looking at. And not relevant to planning, but it also, as the report said, could be a revenue stream for the heritage and culture team as well. So we brought the report quite a while back and members were supportive. Under the legislation in relation to local development orders, we're required to undertake a certain number of consultations which we have done and the results of that are presented in the report. And starting at page 1-2-2, you'll have what we are suggesting is the proposed wording for the local development order. I'm looking to make a suggestion to the report. So on page 1-2-5, you have a definition of the castle. And following discussion with the future new assistant business manager, it's also suggested that we include and/or below ground architecture to make sure that that's captured as well. Under the legislation, you can't approve it tonight because we have to refer it to the secretary of state for his consideration. So the recommendation, therefore, is that you agree that we adopt it, subject to that referral and no new matters arising there, and subject to the tweak on page 1-2-5. Thank you, Chairman. Thanks, Lisa. I'm happy to move the recommendations that are detailed on page 1-1-7. I noticed this. I've been in a bit, you know, but I noticed this has already got some positive press reports, actually, regarding this development order, which is useful, you know, to the town, I think. So, Councillor Lee. Chairman, where do I start? I've worked in TV. I've worked in ITV. I've done movies. I've made a short film that got nominated for a TV award. Last year, we sadly didn't win. We lost out to doctors, believe it or not, but we were in the finals. And it's very nice to think that these facilities are going to be used for filming. When you have been in the filming industry to know what that could dictate, it should scare swear word out of you. It really should. Is if you're thinking that a documentary team comes with one camera and a car, fine. But if you're thinking something big, something really, really big, then you're thinking vehicles, HDVs, food trucks and all that, that should scare you. Yeah. And then there's non-planning reasons why this should be refused as well. And the non-planning reasons that we've been assured by the leader of David Lloyd and by your leader Paul Peacock and by Comms here that the facility will be kept open for residents to use the park. My concern is it's going to be slowly chipped away. Oh, it's just for filming on this day. It's just for filming on that day. And it'll be closed to residents that actually pay for it. So my concerns are one about the level of filming, what impact that could have on residents and the roads and the streets and highways. I would prefer a planning application to be done on merit on each application so we can keep an eye on how big these are going to be. Or if we are going to approve, it should be approved on a level of what can be allowed. Because my concern is if any of you have seen these big down to now be productions is these could be weeks and weeks worth of filming. And the thing is we've got no data on what will be allowed and what won't be allowed. So for me, I think this should be refused and we should take it on a case by case merit. And I know it's frustrating for a district council because we can't make assurance on income coming in. I'm sorry for the residents and the community deserve to take priority on this one. Thanks, Councillor Lee. Any other comments? I've got Councillor MELTON, Councillor OLDOM, Councillor DEALS. I just wanted to follow up on what Councillor Lee was indicating. Yes, the potential for disruption is considerable. But I wanted to ask the question whether by approving the local development order, we would anyway be able to keep control. It actually uses the word 'enable', but it also uses the word 'control'. And I would like an answer as to the degree to which that control is feasible. Thanks, Councillor MELTON. Lisa, do you want to come back on that? Yes, thank you. So this is one step of it. So this relates to the planning permission. People would still need to get consent to be able to film there from the heritage and culture team. So they would have to comply, sorry, to film us would have to comply with the planning policies if it's approved. But they would also need to comply with any rules and stipulations that the heritage and culture team put together. And I can remember Councillor Holloway last time raising this as a query, obviously quite a while back when she was our portfolio holder. And in this case, we can feedback information to Councillor Cuzzins and to Caris as part of this, feed that back so that they can consider as part of anything that they've put together in terms of the other rules. Lisa, where can I come back to you? Just, well, let me ask a question first. Go on then, I'll bring you in. Sorry, Councillor MELTON, you've come back. No, I beg your pardon, I should have indicated that I wanted to come back having asked the question. The information that you've just given me suggests to me that this is not an unreasonable ask, therefore. And in terms of the potential for tourism, following whatever films occur, Lincoln Cathedral, for example, has done remarkably well in terms of additional visitors from being on one of the really big blockbusters, I forgot what it's called, Da Vinci Code. And I think Newark is capable of accommodating that kind of tourism. What would concern me a little bit is having seen the degree of blockage on the roads today, if we get a couple of trucks stuck near the council wearing dire trouble? God, that would happen if Tom Cruise turned up. The question I was going to follow up, Lisa, you mentioned they would have to comply individual film crews or production departments would have to comply with the planning, the local development order from a planning point of view, and they would have to get heritage and culture past their criteria. To come back to council each point, would that be on a case by case basis? So the planning permission wouldn't be because it's a blanket. But yes, they would have to enter into contract to get that agreement and the income for it as well. So it's not, the planning enables the heritage and culture to consider it, but it's not a blanket yes to everything, obviously. Okay, right, I had council to hold them first, then I counseled else and I'll bring you each other. Thanks Chair. Now you're clarifying it's not a blanket yes to everybody and we are still in control. I would like to support this because I think I was just a thought to be Hall last Wednesday for the minor to major celebrations and that's run by not scans council and I had a tour inside with Lord Byron and it was really fascinating and actually I was speaking to the staff there and they said that their main source of income for protecting that gem was through film crews coming in and using that site and they were saying you know they have really stringent rules about the equipment and the way you know the footwear and how they protect the carpets and the curtains and the paintings and I think if people can do that inside buildings like that I'm sure we can facilitate that in more outdoor settings like the castle and they said it was a real you know gem of income that kept that that going for for for residents so I think it you know and why would we not want to put it on the map, why would we not want to make people feel really proud of the brilliant culture assets we've got and if Tom Cruise ever arrived I think what a buzz okay I hear about the traffic I'm not going to lie and say there's not going to be but I think that'll just create a buzz and bring people into town and support our facilities which is what we want so I think having spoke to the team at Knox County Council and hearing how well they've done from it it would make sense to support that with the control under the arts and culture team and I trust that team and that thank you. Thanks Council of the Council of the Dales. I think the points that I was going to make have been quite clearly I'd say close of nothing to add I support it thank you. Lee I'll bring you back in. Chairman thank you sadly I don't trust the team the truth of the matter is is we are giving away whoever is on the planning plan I'm coming up on the committee so it's not it's not for me however it is we are what we are saying is the planning committee has the ability to dictate what is approved on planning you are giving that away just to an individual to a portfolio holder and the thing is is we have seen the same portfolio spend a hundred thousand pounds on rocks that go outside so I don't trust the individual to make the right decision to be fair and I actually trust this committee and yourself as chairman to make the decision on a case-by-case basis that's on the planning committee's for to make planning decisions and that's why for me is and this isn't just just this decision is either I've been outspoken for many years on giving away the ability of counselors counselors to make decisions and what we are doing is we are giving one individual predominantly the portfolio holder to make the decision on what will be approved in the future what will be agreed in the future and at the moment some of you are happy with that portfolio holder there's no guarantee in 10 years 20 years time that you do and to give away the ability of this planning committee on a case-by-case basis to agree and not agree I think silly and we've done it over the years with other things we've given off as a delegation and counseled delegation and it doesn't always go in our favor and that's why I'm against delegation always have been and always will be we are counseled we've been elected to represent our communities and what we are doing is giving away our right to somebody else to make the decision for us and with the castle in particular I think this committee is a better place to make planning decisions than somebody else but nothing else on that thank you absolutely I just follow the question then that I mean that you've kind of made me want to ask local development holders can be passed by this committee and I assume removed by this committee okay thank you council rainbow yeah just just don't on that presumably it would be subject to calling like any other portfolio holders decision no because the order is in effect given the planning permission so the general permitted event order for take householders where you can do three four four well a three or a four meter extension without needing to come to us this in effect is that so if they go through and go yes comply yes comply yes comply then they don't need permission so it's getting around that red tape to make the castle and the palace theater more attractive for the filming but of course if it does cause problems then as councillor Freeman asked we could revoke it I respect your position on this journal I must admit and I certainly respect the fact that you've got trust in me and the committee to make decisions irrespective of those decisions being wrong I take your point it's a valid point it it has been moved and seconded that we we do this all those in favor all those against any abstentions no thank you that's carried gender item 12 palace theater 60 to 18 apples and gained or contran please so again I don't propose to add anything else additional this is the same but with slightly modified conditions in the order but it's the same principle thank you chairman I should have said policy to a national civil war center as well on the application I'm happy to move the local development order was set out in appendix two I second it any questions or comments councillor chairman I have the same issues on this one but slightly different because there is a car park across the road that could facilitate usage of big bangs and vehicles however I still have the same issue with the giving away yeah yeah so that's it okay anybody want to comment question at all it has been moved and seconded for approval all those in favor any against only abstentions no that's carried thanks there are no items from oh sorry item for information it says there are none and then 13 appeals lodged in 141 Lisa did you want to speak to that at all no chairman if anyone's got questions I will attempt to reply okay any questions or comments on the agenda item or appeals lodged no oh councillor rainbow just an inquiry there seems to be quite a few hearings more than normal is that in the can the applicant ask for hearings opposed to a written representation yes so it's in an appellants gift to ask written representations hearing or inquiry we have the opportunity to comment on the type of appeal and give our views back to the inspector equally the inspector can also look at the type of appeal as well so if for a single story household or somebody went for an inquiry more than likely to say it's not needed but yes often i'm actually i would say unusually and i've never quite understood why not here um most of the hearings relate to enforcement related matters everywhere else i've worked they've pretty much always been hearings or inquiries it's been quite remarkable today they've pretty much all been written representations though i'm sure Richard's preferred that okay that's are we happy to note the report okay thank you uh a gender item um 14 is it appeals determined just to note the first item in relation to the co-op was presented last time so apologies that that's a repeat any questions or comment there's one big one on that it's not on there actually which will be on the next and next report but it didn't make this report because of the timing um no questions comments okay note the report okay i'll keep this fairly short because i know you've had opportunity to read the report i think for me um one of the key aspects is set out on page 154 and the many consultations and reports we've given to you over the last few months in relation to the speed of decision making so you'll note in relation to both major and non-major applications at present um under the governments um suggested performance levels we would because we would be a standards authority so we are looking at ways to try to improve our performance to get applications determined far more quickly and without extension at times um and part of that is undertaking customer surveys in relation to pre-application advice to understand how effective it is etc um i think the other key aspect is changes in staffing um when i explain it to the team they get confused so i'll try to keep it as simple as i can but Helen Marriott senior planner who you will see many times here um she's probably got about three or so weeks before she leaves for the planning inspectorate um so we've had interviews for that um as um Councillor Freeman indicated earlier we've also got new position of assistant business manager so Ollie will be starting that on the third of June and personally i can't wait um so Ellie Silla who's some of you might have spoken to planning officer she's been promoted to senior planner obviously Ollie moving from being senior conservation leaves a huge gap with very big shoes to fill and we have somebody with very big shoes um and that's Julia so Julia's a qualified conservation officer as well as planner and obviously i don't mean the shoes literally um then we've also got um because of that move of Julia across it means we've got another vacancy for a senior post and Lindsay Preston who's currently dealing with the development consent order um in july will be made a senior planner um there's other changes in relation to the enforcement team so we've got a new post there as well as changes in tech support i'm not going to go into those details because you've probably got enough information already thank you chairman uh i'd just like to ask a question to anybody else who wants to ask a question regarding what we've been discussing today TPOs on page 157 what happened in february? February 24 there seems to be i don't know whether it's the the number of well the number of applications come in and they they were determined that there's a lot of applications in february and i i just wondered it doesn't say anything in the narrative i just wondered if you knew it Lisa yes i think two reasons a people start to notice their trees as they start blossoming and think i need to do some work um but also it's just in advance of the bird breeding season so people are getting in whilst they can do the works yeah okay and coming back to your point council rainbow on page 159 hearings are in green and they have increased as both uh absolutely i'm in proportion to to the overall appeals yeah okay so thanks for that can we agree to note the report okay thank you and gender item 16 quarterly planning enforcement activity update report Richard thank Jim um yeah thank you for that um i won't keep you too long obviously we've already been here for a while this afternoon but um given that report covers uh quarter four of the financial period but also the 2023-2024 year i think it'd be right just to cover a few of the key key figures from the enforcement team and just to highlight some of the successes and contribution that the team has made to give them the credit i think they all they all deserve i'd like to thank Lisa for jinx in the hearings because we've actually got two coming up in the near future and they're both complicated so yeah thanks for that Lisa um so for the 2023-2024 period the enforcement team i'm going to sound like a broken record here but continues to be extremely busy over the past year we received 522 new enforcement cases and obviously this is a continuation of the previous years as well um this represents a 10% increase in the number of enforcement cases on previous years not only is there a significant number of cases and a significant increase in the number of cases but actually the complexity of those cases have been received as also we found increased and i think it's a general observation that the public's demands of the service have also increased which also reflects in those figures despite the increasing cases and complexity of them i think it's pleasing for me that we've seen a number of cases actually been resolved increased significantly with the team having managed to close 427 cases over the over the past year i think that reflects the tireless commitment of the team to to resolve in breach of climate control and i'm particularly grateful for them to see the number of cases i've been that have been closed that for the reason of the breach having been resolved i think that that shows the dedication and commitment and so i'd like to say thank you to them for that a demonstration of the complexity of the cases that women received which if you look at page 166 of the agenda it can be seen from the number of enforcement notices that we've issued over the past year as with the previous year we've issued a phenomenal number of notices and i think it's fair to say that when possible we don't issue a notice we try and resolve a case through negotiation or discussions with a contravener obviously when necessarily we will issue a notice and the fact we've issued 40 over the past year just demonstrates the demanding nature of the work that's been placed on the service and i believe from speak to the team yesterday that that figure of 40 notices haven't been served in the last year puts us in the top 10 percent of local authorities in the country in terms of notices being served so again the reflection on the map where the team does and obviously that has a knock-on effect then to the number of appeals that the officers also have to deal with as well. A quick example of the breadth and diversity of the cases that have been investigated by the team can be seen in schedule B of the report which is 166 what from page 166 of the agenda it shows that some of the differences in nature of the cases that we investigate from change of use of land engineering operations boom particular lights bring up the sterling work done by chris brinks on the windows that are shown on page 169 that one was a development site where it was a conversion of an industrial building developer did the conversion put in i think why everybody agrees from pretty cheap nasty windows chris worked with the developer didn't have to serve a notice works really well with the developer i think you can see the the quality of the windows i've been stored are really in keeping with the the vision of the conversion of the site so yeah it shows that we don't just serve notices but we're actually trying work with developers to get a resolution. Finally i'd just like to quickly run through some of the changes that are happening to enforcement service both on a personnel and a legislative point of view on a personnel point of view as Lisa's just mentioned we have had two two additions to the team excuse me we're shortly be having a technical support officer admin person starting with us so if any members want to contact us that would be the first protocol the idea with that is to take some of the administrative burden off of myself and the other officers and allow them to get out into the field and carry on doing the main investigatory work that the best serve doing we've also got a consultant planet planning enforcement officer who's working with us we secure some grant funding for that post and he works with us for 10 hours a week so you may say see him in and around his name is Richard Scott he kind of looks like me but 15 years old same hairstyle everything else so yeah you're probably seeing Richard around in terms of the legislature legislative changes i think you can see the summary from page 170 in the agenda which is all related to the laura or the leveling up and regeneration act i believe this uh the key element for ros in this is the change in time limits for immunity from enforcement action previously we had a two strand immunity period of four years and 10 years four years being changed of use of buildings on land to dwelling houses and normal operational development so building something and 10 years was related to change of use and breach of conditions etc the government have now changed that in that all all immunity periods are now 10 years so i think that provides clarity for not only us as professionals but also members of the public there's going to be some road humps in the way because there's a transitionary period whereas if it had been immune before this new legislation it will still be immune now so if any members want that clarifying in any detail then just contact me or the team and we'll be happy to explain that because there are some some nuances uh other highlights from the the laura relate to we can now set temperature stop notices for listed buildings and we have new a new suite of notices that can also issue including playing enforcement warning notices which the team will be looking to roll out soon as well um i'd just like to conclude by thanking the team for the efforts um i think you see from the figures that they've worked diligently they've worked hard and been extremely professional over the last year um the expansion of the team will certainly help and will help drive this service forward we're going to have additional challenges over the next year from the changes from laura um particularly from biodiversity net gain which provides the the framework for monitoring of bng which local authorities will be responsible for so once they scheme stock moving forward we'll be involved more and more with that um and again if if many members want uh want to chat that through with us then we'll be we'll be happy to do so um thank you thanks Richard i'd certainly like to welcome the the further enforcement powers on heritage related to listed buildings that's important uh addition to your armory if you like uh yeah um any questions or comments counseling chairman i have got a question but due to the sensitive is a question can i ask it once the meetings close if possible um yeah um members agreeable to that yeah i've got no problem with that if we turn it off i don't know what it is but okay fair enough yep um sure to back you could just go to Richard at the end of the day and ask him okay all right okay right uh so i'd like to move the recommendation that we accept the content to report and note the ongoing and thank the team for the work that they do because they do communicate with counselors the communication that comes to you when there are enforcement issues in your patch i think are extremely useful in flagging things up and i think they're very responsive the team and i'd like to thank them for the work over the last year i think it's been excellent cheers okay all agreed thank you uh final report is a gender item uh seventeen um bounding committee annual report this is a report on ourselves Lisa thank you um so it starts at page 174 so obviously you'll know how busy you've been over the last 12 months um and you'll also note in relation to chart two on the um page 175 that in the main decisions are made in accordance with officer recommendation of those where there's been overturns um only one has been granted contrary to the committee's resolution and that one relates to station road calling them and of course for next year's report we'll also be able to update you in relation to the archery energy storage system the one thing that struck me when i was preparing this report and comparing it to the one last year is the number of additional reports that you've all received um and the significant number of consultations amendments to legislation etc um normally it will be on five or six lines in this case it's gone over two and a half pages um so government has been really busy we've obviously been busy and assessing and obviously you have as well in your consideration and feedback in terms of the consultations in particular and to clarify the last consultation for the accelerated planning system i'm looking at cancela freeman who might remind me i think all of the don't knows we're changed bar one and so and that return was made um towards the latter part of april and the reason that don't know wasn't changed that we don't think the consultation even knew he was consulting them well that was my view anyway yeah so overall being very busy the next 12 months i think will be interesting with the many changes that are coming forward and no doubt challenges that will arise and of course we'll present another report in about 12 months now thank you chirvin thanks i'd just like to mention a comment on the chart one and chart two it does say the fifth of our decisions basically have gone against officer recommendations most of those are refusals where it's been approved rather than approval where it's been moved to to refuse i'm not making any comment on that i'm just bringing it to people's attention because he's uh we we're a new committee uh we every day's a school day for all of us and it's useful to have that presented to us so that we we know that for the most part we are in line with what office would recommend but we have bring our all our views to to the table and we sometimes differ and that's healthy it's a democracy it's healthy that we differ we sometimes get stung by that and that'll be a report for the next planning committee but thanks for the report he's so each useful i don't want you to compare it to i understand you were comparing some things to to last year but comparisons like that between committees sometimes sometimes useful sometimes not we have a new committee after all but thanks thanks for that any other questions or comments okay this did you say that this was your last planning committee jenna uh before i close the meeting i'd like to thank you for your contributions from from my point to be your some of your contributions and i have said to you in this committee have been excellent excellent sometimes we've differed and we'll continue to differ but when you do make a point you make it vociferously and always on behalf of your constituents and you should be proud of that all right okay that's the end of the business so thanks but i understand Councillor Lee when we turn are we off streaming? I'm going to train you on 20th, don't I? Oh, yeah, we're going to go out and train.