MIN BOOK 11 JAN 10 - East Northamptonshire

Council Meeting – 2 November 2009 Page 271

COUNCIL MEETING Date: 2 November 2009 Venue: East Northamptonshire House, Cedar Drive, Thrapston Time: 7.30 pm Present: Councillors:- Sarah Peacock (Chairman) Sue Homer (Vice-Chairman) Andy Mercer (Leader of the Council)

David Bateman Sean Lever Peter Bedford Eloise Lucille Tony Boto Peter MacGovern David Brackenbury Gill Mercer Wendy Brackenbury Steven North Pauline Bradberry JP Brian Northall Albert Campbell Ron Pinnock Lisa Costello Roger Powell Richard Gell Rupert Reichhold Roger Glithero JP John Richardson MBE Glenvil Greenwood-Smith Anna Sauntson Philip Hardcastle Ron Silver Glenn Harwood MBE Phillip Stearn Marian Hollomon Robin Underwood Dudley Hughes JP Pam Whiting Sylvia Hughes Colin Wright Barbara Jenney Clive Wood Richard Lewis

Also Present: Graham Blagden (Chairman of the Standards Board) for items 10 and 12:- Richard Smith, MACE Group Bruce Turnbull, FaulknerBrowns Architects Nick Worley, FaulknerBrowns Architects James Williams, Drivers Jonas Peter Williams, Chief Executive, Cultural Community Partnerships 205. PUBLIC SPEAKERS The following people spoke on item 10:- Councillor David Jenney, Rushden Town Council Peter Fraser, Clerk, Rushden Town Council Mr Jeff Yeates, Rushden & Higham Rugby Club and Mr John Goldsworthy, Rushden Disabled Swimming Club


206. APOLOGIES FOR ABSENCE Councillors Mike Finch and Duncan Reid, sent their apologies. Councillor Glenn Harwood MBE sent his apologies for missing the earlier part of the meeting (up to 8.15pm). 207. MINUTES

The minutes of the meeting held on 20 July 2009 were approved and signed by the Chairman. 208. DECLARATIONS OF INTEREST The following Councillors declared a personal and prejudicial interest in the agenda item indicated and were not present during the discussion and voting on the item:-

Councillors Item Nature of Interest Sarah Peacock (Chairman), Peter Bedford, Marian Hollomon, Barbara Jenney, Richard Lewis, Andy Mercer, Gill Mercer, Steven North, Ron Pinnock, Robin Underwood, Clive Wood, Colin Wright

10 Rushden Town Councillors

209. ANNOUNCEMENTS

The Chairman reported on the events she had attended and the visits made since the last meeting of the Council, and drew attention to future events. She drew particular attention to the Service of Remembrance at St Marys Church, Rushden on Sunday 8 November. The recent Halloween Ball had raised £800 for the Guide Dogs for the Blind, and the Chairman thanked Members for their support. 210. LEADER’S ADDRESS

In view of the important business later on the agenda, there was no Leader’s Address.

211. REPORTS OF COMMITTEES (a) Development Control Committee – 22 July, 19 August, 9 September, 30

September and 21 October 2009

The reports of the above Committee, presented by the Chairman, Councillor Pauline Bradberry, were received. (b) Planning Policy Committee – 27 July, 24 September and 29 October 2009 The reports of the above Committee, presented by the Chairman, Councillor David Brackenbury, were received and he reported on the Committee's work during the current meetings cycle.


(c) Policy & Resources Committee (i) 14 September and 12 October 2009 The reports of the above Committee, presented by the Chairman, Councillor Robin Underwood, were received and he reported on the Committee's work during the current meetings cycle. RESOLVED:

That the recommendations in the following minutes of 12 September 2009 be approved:- 135 – Licensing Act 2003 – Minor Variations

136 – Council Tax Discounts.

(ii) 26 October 2009 The report of the special meeting of the Committee, presented by the Vice-Chairman, Councillor Wendy Brackenbury, was received. (d) Audit & Risk Management Committee – 23 September 2009 The report of the above Committee, presented by the Chairman, Councillor Dudley Hughes, was received and he reported on the Committee's work during the current meetings cycle. (e) Scrutiny Committee – 28 September 2009 The report of the above Committee, presented by the Chairman, Councillor Phillip Stearn, was received and he reported on the Committee's work during the current meetings cycle. (f) Licensing Committee – 7 October 2009 The Chairman, Albert Campbell, presented the report of the above Committee and reported on its work during the current meetings cycle.

212. OTHER REPORTS

(a) Representation on Outside Bodies The following Members reported on their role as Council representative on the bodies indicated:-

(i) Councillor Tony Boto - Community Law Service - (ii) Councillor Glenvil Greenwood-Smith - Stanwick Lakes Management Board (iii) Councillor Rupert Reichhold – Campaign to Protect Rural England (CPRE)

East Midlands Rural Affairs Forum LGA Rural Commission Northamptonshire ACRE Oundle & Thrapston CHAT SPARSE Supporting People Volunteer Action, Oundle


The Chairman thanked Councillor Reichhold for his regular and enthusiastic reporting as a representative on the above bodies.

(b) Taxi Panels The minutes of the meetings of the Taxi Panel held on 24 July, 14 August, 7 September and 11 September 2009 were received.

(c) Licensing Panels The minutes of the meetings of the Licensing Panel held on 3 July and 17 July 2009 were received. 213. QUESTIONS UNDER COUNCIL PROCEDURE RULE 10.2

There were no questions. 214. EAST NORTHAMPTONSHIRE STANDARDS BOARD The Chairman of the Standards Board reported that the interviews for a new Independent member to serve on the Board had not yet been concluded since one of the candidates had been involved in a road accident. A report would be made to the next meeting of the Council. He also reported that Councillor John Denning of Polebrook Parish Council had retired from the Board after serving two terms of four years. On behalf of the Board, the Chairman thanked Councillor Denning for his service. His remarks were endorsed by the Council. The Chairman announced that Councillor Arthur Whittaker of Yarwell Parish Council had been elected to serve on the Board to succeed Councillor Denning. 215. CHANGE IN ORDER OF PROCEEDINGS

The meeting agreed that item 12 (Motion under Rule 11) be taken next in the proceedings. 216. MOTION UNDER RULE 11 Councillor Dudley Hughes had given notice of the following motion:-

That this Council should cause to be investigated - and a report delivered to the Policy and Resources Committee as soon as possible, and in any case by 7 December 2009 - the viability and potential cost of building a new leisure centre on the site of the present Splash Pool to be built in phases, and the projected plan for this should be of a more modest nature than that proposed for Manor Park.

Councillor Hughes announced that, after discussing this matter at length with the Council’s architects, he was now satisfied that it would not be feasible to build a new leisure centre on the site of the Splash Pool. He therefore withdrew his motion.


217. PRESS & PUBLIC The meeting considered whether the press and public should be excluded in view of the possibility of exempt financial information contained in the report of the Chief Executive being disclosed. After receiving guidance from the Chief Executive, it was RESOLVED:

That the press and public remain in the meeting for the consideration of the next item.

218. RUSHDEN REGENERATION – MANOR PARK LEISURE CENTRE

(a) Motion Under Rule 11 Councillor Dudley Hughes, having given notice, moved the following motion:-

That this Council should not proceed with the construction of the centre known as Manor Park and all work on this should cease with immediate effect.

Councillor Hughes explained that, in view of the importance of the issue, he wished the full Council to fully debate the arguments for and against the proposed new leisure centre. His motion was seconded by Councillor Roger Glithero. Members fully debated the motion and asked questions about costs. During the debate, Members outlined a number of reasons for not adopting the motion and proceeding with the Manor Park leisure project. The following main points emerged from the debate:-

• The Manor Park development would fulfil the Council’s vision for leisure provision in the south of the District

• The threat to the future delivery of leisure provision if Manor Park did not proceed

• The need to reduce revenue expenditure

• The attraction of over £3million of external funding

• The considerable efforts made by the Council to meet local requirements following consultation

• The “springboard” provided by an improved, new combined wet and dry facility for increased patronage and promotion

• The catalyst which relocation of the current facilities would provide for the regeneration of Rushden Town Centre

• Over £500,000 had already been spent on the project. Some Members were, however, mindful of the following:-

• The revenue implications of borrowing over 40 years

• The reduction in the Council’s reserves

• The absence of plans for redeveloping the SPLASH site

• The Council was not statutorily obliged to provide leisure facilities. A recorded vote was requested on the motion, the result of which was as follows:- For the motion Councillor Phillip Stearn


Against the motion Councillors David Bateman, Tony Boto, David Brackenbury, Wendy Brackenbury, Pauline Bradberry, Albert Campbell, Lisa Costello, Richard Gell, Roger Glithero, Glenvil Greenwood-Smith, Philip Hardcastle, Sue Homer, Dudley Hughes, Sylvia Hughes, Sean Lever, Eloise Lucille, Peter MacGovern, Brian Northall, Rupert Reichhold, John Richardson, Ron Silver, Pam Whiting. Abstentions Councillors Roger Powell and Anna Sauntson. The motion was thereupon declared LOST.

(b) Consideration of Reports of the Chief Executive As the motion in minute 218 (a) above was not adopted, the meeting considered the reports submitted to the Special meeting of the Policy and Resources Committee on 26 October 2009, and Members felt that the project should continue for the reasons outlined in the debate on (a) above –

• Whilst the provision of leisure facilities in the District was discretionary, the Council recognised its responsibility to promote the health and well being of the people in its District, encourage safe swimming and learning, and cater for local sporting and cultural needs

• It was consistent with the Council’s vision to offer improved leisure facilities for residents in the south of the District to combine both “wet” and “dry” facilities on one site, thus also offering the opportunity of reducing the considerable revenue costs of operating facilities on two separate sites at a time when the Council had to make large savings in revenue spending

• The costs of borrowing were currently extremely favourable and the Council would attract over £3 million external funding if the project continued on the Manor Park site

• The “freeing up” of the SPLASH and Pemberton sites could be the catalyst for the regeneration of Rushden Town Centre, although it was recognised that more work had to be done to ensure this happened

• A decision not to proceed with the Manor Park project would lead to the closure of leisure facilities in Rushden at some point in the fairly near future as the Council would not be able to afford a replacement without the grant funding currently available.

It was therefore RESOLVED:-

(1) That the Manor Park Leisure Centre Project Board be authorised to proceed to competitive dialogue with the shortlisted contractors, and

(2) That the Project Board be authorised to finalise and submit a planning

application based on the plans set out at Appendix B of the Chief Executive’s report to the Policy & Resources Committee on 26 October 2009.

Chairman

Policy and Resources Committee – 9 November 2009 Page 277

POLICY & RESOURCES COMMITTEE Date: 9 November 2009 Venue: East Northamptonshire House, Cedar Drive, Thrapston Time: 7.30 pm Present: Councillors:-

Robin Underwood (Chairman) Wendy Brackenbury (Vice-Chairman) Andy Mercer (Leader)

Pauline Bradberry JP Richard Lewis Albert Campbell Steven North Lisa Costello John Richardson MBE Glenn Harwood MBE

219. MINUTES The minutes of the meetings held on 12 and 26 October 2009 were approved and signed by the Chairman. 220. APOLOGIES Councillors David Brackenbury, Roger Glithero, Philip Hardcastle, Sylvia Hughes and Anna Sauntson sent their apologies. 221. DECLARATIONS OF INTEREST There were no declarations. 222. QUESTIONS BY MEMBERS UNDER COUNCIL PROCEDURE RULE 10.3 There were no questions. 223. MINUTES OF SUB-COMMITTEE AND WORKING PARTY MEETINGS The minutes of the meeting of the Waste and Recycling Working Party held on 6 October, the meeting of the Personnel Sub-Committee on 20 October and the meeting of the Finance Sub-Committee held on 26 October were received and noted. 224. IRTHLINGBOROUGH CONSERVATION AREA REVIEW The Committee considered revised proposals for the designation of the Irthlingborough Conservation Area. It was noted that two rounds of consultation had


been undertaken and a number of changes had been made in the light of representations made. Members discussed the concerns of the Irthlingborough Ward Members about the proposed Conservation Area and impending changes to the Constitution that would transfer responsibility for Conservation Areas to the Planning Policy Committee. In the light of these issues it was RESOLVED

(1) That a workshop for Irthlingborough Ward Members and the Town Council be held on the proposals but that, should no agreement be reached, the current proposals be submitted for adoption.

(2) That approval of the Irthlingborough Conservation Area boundary be

deferred until after the workshop. (3) That, if the workshop is held before the next Policy and Resources

Committee meeting, approval of the Irthlingborough Conservation Area boundary be considered at that meeting of the Committee, and if held after that date, it be considered at the next Planning Policy Committee meeting.

225. CONSERVATION AREA REVIEW 2009/10 A report on conservation area proposals for Thrapston, Titchmarsh, Oundle and

Woodford was considered. It was noted that so far research had been carried out by

consultants, culminating in the production of sketch proposals for each

area/settlement. Preliminary consultation with the relevant town and parish councils

had been conducted, and draft conservation area appraisals and management plans

produced for each area for public consultation.

RESOLVED:

That public consultation on the conservation area proposals be approved.

226. CONSERVATION AREA REVIEW 2010/11 The Committee discussed proposals for conservation area review work for 2010/11.

The areas/settlements considered to be the highest priority and therefore put forward

for review were Aldwincle, Easton-on-the-Hill, Collyweston and King’s Cliffe. The

financial implications of going ahead with the third year of work on conservation

areas, the difficulty of bringing work in-house in order to reduce costs, and the

current economic climate were discussed.

RESOLVED:

That the proposed conservation area review work for 2010/11 be deferred for

consideration for a year.


227. SECTION 10 AGREEMENT FOR THE NORTHAMPTONSHIRE CHILDREN AND YOUNG PEOPLE’S PARTNERSHIP

Further to the discussion of a draft Section 10 Agreement for the Northamptonshire

Children and Young People’s Partnership at the meeting of the Committee on 14

September 2009 (minute 133 refers), Members considered a revised draft of the

Agreement. The Committee noted its approval that the disproportionate financial

contribution the Council had been asked to make had been reduced.

RESOLVED

(1) That the Section 10 Agreement be adopted and the financial contribution of £8650 for 2009/10 be approved.

(2) That a report be brought back to the Committee outlining the

requested contribution and future plans of the Northamptonshire Children and Young People Board from 1 April 2010 onwards.

228. BROOKSIDE, GLAPTHORN ROAD IMPROVEMENT PROJECT Members reviewed progress on the Brookside, Glapthorn Road improvement project

and noted that full adoption of the road would not be possible. It was also noted that

this issue had been discussed many times by the Committee and there was a

pressing need for the road to be made safe. The matched financial contribution

Spire Homes was prepared to make and the Committee’s desire to resolve the

situation were highlighted. It was agreed that this would be the final offer to residents

and, should there be any disagreement, the Committee would not consider the issue

again.

RESOLVED:

That the reduced contribution of £11,000, up to a maximum of £12,500, be

approved to enable road improvement works to proceed.

229. LOCAL AUTHORITY REPOSSESSION PREVENTION FUND The Committee considered how to use £28,500 of funding that had been received

from Communities and Local Government. The one-off payment was intended to be

used to help households who, as a result of the recession, were facing possible

homelessness through repossession or eviction. The Government had

recommended that the funding be used to give such households financial assistance

through small loans which would allow the money to be recycled to help other

households in the future.

Members raised concerns that the funding was limited and therefore unlikely to make

a great deal of difference but could be used as a last resort after a householder had

exhausted all other avenues. It was noted that the distribution of the funding needed

to be based on individual circumstances and it was difficult to set out a prescriptive

mechanism for its distribution or set a cap amount that could be given to one

household. The capacity of the officers to respond to the increased number of


inquiries relating to repossession and eviction was discussed and it was suggested

that the money could be used to extend officer capacity should the situation worsen.

RESOLVED:

(1) That the Local Authority Repossession Prevention Fund remain in the Housing Strategy budget for use in increasing resources capacity and/or helping households in difficulty in consultation with the Head of Planning Services and the Lead Member for Planning Services.

(2) That a briefing note be circulated to Members on the work of the

Housing Strategy Team on repossessions.

230. CULTURAL COMMUNITY PARTNERSHIPS (CCP) UPDATE Members received an update on the performance of CCP since it had been agreed to

provide additional funding to the company in June 2009 (minute 42 refers). The

Committee was pleased to note that CCP was on budget for 2009/10 despite the

economic downturn and the effect of many neighbouring councils offering free

swimming to under-16s since April. It was noted that Councillor Glenvil Greenwood-

Smith had joined the CCP Board as an observer and would be giving updates at

future Council meetings.

Chairman

Development Control Committee – 11 November 2009 Page 281

DEVELOPMENT CONTROL COMMITTEE

Date: 11 November 2009 Venue: East Northamptonshire House, Cedar Drive, Thrapston Time: 7.30pm Present: Councillors: - Pauline Bradberry JP (Chairman) Gill Mercer (Vice Chairman) Andy Mercer (Leader of the Council)

Wendy Brackenbury John Richardson MBE Albert Campbell Phillip Stearn Glenn Harwood MBE Robin Underwood Brian Northall Pam Whiting Ron Pinnock Clive Wood

PART A ITEMS

231. MINUTES The minutes of the meeting held on 21 October 2009 were approved and signed by the Chairman. 232. APOLOGIES FOR ABSENCE Councillors Lisa Costello, Roger Glithero JP, Sylvia Hughes, Roger Powell and Anna Sauntson sent their apologies. 233. DECLARATIONS OF INTEREST AND INFORMAL SITE VISITS No interests or informal site visits were declared. 234. PUBLIC SPEAKERS There were no public speakers. 235. PLANNING APPLICATIONS The Committee considered the schedule of applications and recommendations of the Head of Planning Services, with updated information on some of the applications and representations made by public speakers at the meeting. The applications where the Committee had agreed with the Officer’s recommendations are indicated under (a) below, and where the applications had been withdrawn under (b) below. The full decision on the applications are included (on the page indicated) in the Appendix to these minutes.


(a) Agreed: (i) EN/09/00930/FUL and EN/09/00929/LBC – Home Farm, Ashton Wold, Ashton (See page 283). Granted with the conditions as reported. (ii) EN/09/01086/FUL – 73 High Street, Rushden (See page 285). Granted with condition 1 as reported, with amendments to conditions 2 and 3 and two additional conditions added. Members considered the application with regard to:

• the level and slope of the pavement and whether there was adequate space outside the premises for the tables and chairs

• the permitted times for the use of the tables and chairs outside the premises • the use of a barrier to define the area outside the premises and as an aid to

visually impaired people • issues about enforcement of the planning conditions, licensing conditions and

street café licence • the provision of outside receptacles for used cigarette butts.

(iii) EN/09/01359/FUL – St Johns, Gretton Road, Harringworth (See page 286). Granted with the conditions as reported. (iv) EN/09/01459/FUL – 6 Pound Close, Ringstead (See page 289). Granted with the conditions as reported and an amendment to condition 2. (v) EN/09/01584/EXT – New Albion Wind Farm, Towns Close Farm, Rushton, Kettering (See page 290). No Objections be made, subject to the conditions as reported being submitted to

Kettering Borough Council. (b) Withdrawn:

EN/09/01299/FUL and EN/09/01300/LBC – Avenue Agricultural, Park Road, Rushden (See page 286).

The applications were withdrawn by the applicants before the meeting. RESOLVED: That the above planning applications be dealt with as indicated in the Appendix to these minutes at pages 283 to 290. 236. APPEAL DECISION MONITORING REPORT Members noted the report submitted for information by the Head of Planning Services monitoring the Council’s appeal decisions from 28 September to 6 October 2009.

Chairman


List of Applications Determined by

DEVELOPMENT CONTROL COMMITTEE - 11 November 2009

EN/09/00929/LBC

Date received Date valid Overall Expiry Ward

16 June 2009 16 June 2009 11 August 2009 Lower Nene

Applicant OHL Ltd - Dr C D Lane

Agent David Jackson

Location Home Farm, Ashton Wold, Ashton.

Proposal Conversion of the quadrangle buildings and dairy to three new self-contained units for holiday accommodation and ancillary works.

Decision Application Granted Conditions/Reasons: 1. The development hereby permitted shall be begun before the expiration of 3 years from the date of

this permission. Reason: Statutory requirement under provision of Section 51 of the Planning and

Compulsory Purchase Act 2004. 2. Notwithstanding the submitted details, all internal fixtures and fittings shall remain in situ unless

otherwise agreed in writing by the Local Planning Authority. Reason: To ensure the protection of the integrity of the listed building. 3. No works shall take place until the implementation of a programme of building recording has been

carried out in accordance with a written scheme of investigation submitted to and approved by the Local Planning Authority.

Reason: To ensure the protection of the integrity of the listed building. 4. The development the subject of this planning permission shall be carried out using external

materials matching those of the existing building, a sample of which shall have been submitted to and approved in writing by the local planning authority prior to the commencement of development. The development shall thereafter be constructed in accordance with these approved details.

Reason: To ensure the protection of the integrity of the listed building.

EN/09/00930/FUL


16 June 2009 16 June 2009 11 August 2009 Lower Nene

Applicant OHL Ltd - Dr C D Lane

Agent David Jackson

Location Home Farm, Ashton Wold, Ashton.

Proposal Conversion of the quadrangle buildings and dairy to three new self-contained units for holiday accommodation and ancillary works.

Decision Application Granted


Conditions/Reasons: 1. The development hereby permitted shall be begun before the expiration of 3 years from the date of


Compulsory Purchase Act 2004. 2. The development the subject of this planning permission shall be carried out using external


Reason: To achieve a satisfactory elevational appearance for the development. 3. There shall be no discharge of foul or contaminated drainage from the site onto any surface

waters, whether direct or via soakaways. Trade effluent shall not be discharged to surface waters. Reason: To prevent pollution of the water environment. 4. Notwithstanding the provisions of the Town and Country Planning (General Permitted

Development) (Amendment) (No.2) (England) Order 2008 (or any order amending or re-enacting that order with or without modification) there shall be no development within class A of Part 2 of Schedule 2 to that order without the prior written approval of the local planning authority.

Reason: To restrict the use of inappropriate boundary treatments in the interests of preserving the rural setting.

5. Notwithstanding the submitted details, prior to the commencement of development, a revised

planting scheme showing a reduced range of species shall be submitted to and approved in writing by the local planning authority. The planting shall be implemented in accordance with the approved details prior to the first occupation of the holiday let units hereby approved.

Reason: In the interests of ecology 6. The holiday lets shall not be occupied as a person’s sole, or main place of residence and the

owners/operators shall maintain an up-to-date register of the names of all owners/occupiers of individual units on the site, and of their main home addresses, and shall make this register available at all reasonable times to officers of the local planning authority, unless otherwise agreed in writing by the local planning authority. Reason: The reason for these conditions is to ensure that approved holiday accommodation is not used for unauthorised permanent residential occupation.

7. The measures identified in section 4.4 of the Great Crested Newt Survey undertaken by

Greenwillows Associates Ltd dated May 2009 and 8.2-8.5 of the Protected Species Survey undertaken by Greenwillows Associates Ltd dated October 2008 shall be implemented prior to the commencement of development and retained for the duration of the works hereby permitted.

Reason: To ensure the protection of protected species. 8. The car parking spaces shown on drawing 357-04E shall be provided and reserved for the use of

the future occupiers of the holiday lets hereby approved prior to occupation and retained in perpetuity. Reason: To retain adequate parking provision on site.

9. Notwithstanding the provisions of the Town and Country Planning (General Permitted

Development) (Amendment) (No.2) (England) Order 2008 (or any order amending or re-enacting that order with or without modification) there shall be no development within Part 1 of Schedule 2 to that order without the prior written approval of the local planning authority.

Reason: To prevent alterations that could result in an adverse impact upon the simple character and appearance of the building


EN/09/01086/FUL


10 July 2009 23 September 2009 18 November 2009 Rushden Hayden

Applicant Greene King Plc

Agent DHA Planning

Location 73 High Street, Rushden.

Proposal Change of use of part of the public highway to allow the placing of tables and chairs outside the Rose and Crown public house.

Decision Application Granted, subject to amendments to Conditions 2 and 3 and two additional conditions (see Conditions 4 and 5 below).

Conditions/Reasons: 1. The development permitted shall be begun before the expiration of 3 years from the date of this

permission. Reason: To ensure compliance with Section 51 of the Planning and Compulsory Purchase Act 2004.

2. All tables, chairs and barriers within the outdoor seating area hereby approved shall only be in situ

between the hours of 10am and 7pm. All tables, chairs and barriers shall be removed from outside the public house by 7pm every evening. Reason: To minimise potential noise and anti social behaviour at a reasonable time.

3. The seating area hereby approved shall not be carried out except in complete accordance with the

details shown on the approved plans, number DHA/7140/02 Rev C. Reason: In order to clarify the terms of this planning permission and to ensure that the

development is carried out as permitted. 4. The table and chairs, and any other ancillary furniture, hereby approved shall be polished

aluminium in accordance with the submitted information unless otherwise agreed in writing with the Local Planning Authority. Reason: In order to protect the character and amenity of the conservation area.

5. Prior to commencement of use a scheme for a receptacle for cigarette butts shall be submitted to

and approved in writing with the Local Planning Authority. The approved scheme shall thereafter be installed prior to commencement of use, and retained in perpetuity.

Reason: In the interests of visual amenity.


EN/09/01299/FUL


16 August 2009 20 August 2009 19 November 2009 Rushden Bates

Applicant FloorCo - Mr R Calder

Agent Sidey Design Architecture

Location Avenue Agricultural, Park Road, Rushden.

Proposal Proposed change of use from commercial to create 16 residential units and erection of building to create 5 residential units.

Decision Application Withdrawn by the applicants before the meeting.

EN/09/01300/LBC


16 August 2009 16 August 2009 11 October 2009 Rushden Bates

Applicant FloorCo - Mr R Calder

Agent Sidey Design Architecture

Location Avenue Agricultural, Park Road, Rushden.

Proposal Internal alterations to existing factory to provide 16 apartments including the demolition of single storey ancillary buildings and removal of a pitched roof.

Decision Application Withdrawn by the applicants before the meeting.

EN/09/01359/FUL


28 August 2009 10 September 2009 5 November 2009 Fineshade

Applicant Gadesby Estates Ltd

Agent Peter Wilmot Architects

Location St Johns, Gretton Road, Harringworth.

Proposal Redevelopment of the site to erect two new dwellings. Amended application to that previously approved under EN/08/01727/FUL dated 8/01/2009.




Compulsory Purchase Act 2004. 2. Notwithstanding the submitted details and prior to commencement of the development hereby

permitted, details and samples of the external roofing and facing materials to be used for the construction of the dwellings and other buildings shall have been submitted to and be approved in writing by the Local Planning Authority and the development shall be implemented in accordance with the details so approved. Reason: To achieve a satisfactory appearance for the development.

3. Prior to the commencement of the development hereby permitted, details of the provision of

screening to all boundaries of the site shall be submitted to and approved in writing by the local planning authority. This boundary screening shall then be provided in accordance with the details so approved before the development is brought into use and shall thereafter be retained in perpetuity. Reason: To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area.

4. Before any work is commenced on the development hereby permitted, details showing the slab

levels of the building in relation to the existing and proposed levels of the site and surrounding land shall be submitted to and approved in writing by the local planning authority. The building shall thereafter be constructed in accordance with the details so approved. Reason: For the avoidance of doubt and to ensure a satisfactory form of development in relation to neighbouring land and buildings.

5. The vehicular accesses shall be laid out in accordance with the Local Highway Authority

requirements and prior to commencement of development plans shall be submitted to and be approved in writing by the Local Planning Authority to show pedestrian visibility splays of 2.0m x 2.0m provided on both sides of the vehicular access points. The development shall be implemented in accordance with the details so approved and shall thereafter be retained in perpetuity. In addition, the areas of land between the required sight lines and the highway carriageway shall be cleared, levelled and retained at a height not exceeding 0.6 metres above the carriageway and driveway levels. Reason: In the interest of highway safety.

6. The vehicular access hereby permitted shall have a gradient not exceeding 1 in 15 for a distance

of 5.0 metres back from the correct level at the highway boundary. This area shall be hardsurfaced in accordance with scheme to be agreed in writing by the local planning authority before the access is brought into use. Reason: In the interest of highway safety.

7. Notwithstanding the submitted details, satisfactory means of drainage shall be provided to prevent

the unregulated discharge of surface water onto the highway. Reason: In the interest of highway safety.

8. Notwithstanding the provisions of the Town and County Planning (General Permitted

Development) Order 1995 (or any Order amending or re-enacting that Order with or without modification), no gates or other form of barrier shall be erected at the point of access. Reason: In the interest of highway safety.

9. Notwithstanding the submitted details, no development shall take place until there has been

submitted to and approved in writing by the local planning authority a comprehensive scheme of landscaping for the site. The landscaping scheme required to be submitted shall include the retention of as many as possible of the existing trees on the site and none of these existing trees shall be felled or lopped unless otherwise agreed in writing by the local planning authority. This scheme shall be implemented strictly in accordance with the approved details in the first planting season following the occupation of the development. Reason: To facilitate proper consideration of the provision made for trees on the site in accordance with Section 197 of the Town and Country Planning Act 1990 and to ensure a reasonable standard of development and to avoid detriment to the visual amenity of the area.


10. All planting, seeding and turfing comprised in the approved details of landscaping shall be carried out in the first planting season following the occupation of the building(s) or the completion of the development, whichever is the sooner. Any trees or plats which within a period of 5 years from the completion of the development die, are removed or become seriously damage or diseased, shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local planning authority. Reason: To ensure a reasonable standard of development and to avoid detriment to the visual amenity of the area.

11. Prior to commencement of the development hereby permitted, a Tree Protection Plan shall be

submitted to and be approved in writing by the Local Planning Authority. The Tree Protection Plan shall provide details of how the existing trees within the site and in particular the Mature Ash Tree located west of the garage will be protected during the construction phase. The Tree Protection Plan shall be implemented in accordance with the approved details prior to commencement of development. Reason: To facilitate proper consideration of the provision made for trees on the site in accordance with Section 197 of the Town and Country Planning Act 1990.

12. The Mature Ash Tree located west of the proposed garage shall be retained. Prior to the

commencement of the development hereby permitted, an Arboricultural Method Statement shall be submitted to and be approved in writing by the Local Planning Authority to show how the garage can be put in place whilst retaining the tree. The Arboricultural Method Statement shall provide details of the proposed construction methods and measures taken to ensure that any potential impacts of the Mature Ash Tree would be minimized. The submitted statement shall be in accordance with BS 5837:2005, Trees in relation to construction. Reason: To ensure that trees within the conservation area are not adversely affected by the development.


Development) Order 2008 (or any Order amending or re-enacting that Order with or without modification), there shall be no development within Classes A, B, C, D, F or G of Part 1 of Schedule 2 to that Order without the prior written approval of the local planning authority. Reason: To protect the amenity of adjacent occupiers and to ensure a satisfactory elevational appearance for the development.

14. The dwellings hereby permitted shall achieve Level 1 of the Code for Sustainable Homes. A copy

of the Interim Design Stage Assessment Certificate shall be submitted to be approved in writing by the Local Planning Authority to demonstrate that the Code Level 1 will be achieved. Within 5 months of completion a copy of the Final Certificate to demonstrate that Code Level 1 has been achieved shall be submitted to and be approved in writing by the Local Planning Authority, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure that the development is sustainable in accordance with national government advice contained in PPS1 and Policy 14 of the adopted North Northamptonshire Core Spatial Strategy.

15. Before Plot 1 is brought into use, the first floor windows in the western elevation of the building of

Plot 1 shall be provided with obscure glazing and be fitted with restrictors in accordance with the submitted details (shown on drawing number: 2817-02-c) in such a manner that would eliminate any overlooking of the adjacent premises, and these restrictors and obscure glazing shall be retained permanently, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area.


EN/09/01459/FUL


15 September 2009 24 September 2009 19 November 2009 Thrapston Market

Applicant Mr M Prescot

Agent Toby Pateman Architect

Location 6 Pound Close, Ringstead.

Proposal Erection of two dwellings.

Decision Application Granted, subject to an amendment to Condition 2. Conditions/Reasons: 1. Within 28 days of the date of this permission, samples of all external materials shall be submitted

to and subsequently approved in writing by the Local Planning Authority. Development shall be carried out in accordance with these approved details.

Reason: In the interest of visual amenity. 2. The submitted landscaping scheme shown on drawing 37-09-01E shall be implemented

concurrently with the development and retained in perpetuity. Reason: In the interest of residential amenity. 3. Within 28 days of the date of this permission, the following details shall be submitted to and

subsequently approved by the local planning authority: (i) Maximum gradient of 1 in 20 for the first 20m from the junction of Raunds Road.

(ii) Provision of passing bays to facilitate vehicular movement. (iii) Means of drainage. (iv) Details of a safety barrier at the top of the embankment.

The means of access shall thereafter be carried out in accordance with these approved details prior to the occupation of the dwellings hereby approved. Reason: In the interests of highway safety.

4. Within 28 days of the date of this permission, a schedule of boundary treatments shall be

submitted to and subsequently approved in writing by the local planning authority. Boundary treatment shall be completed in accordance with the approved schedule prior to the first occupation of any of the dwellings hereby approved.

Reason: To ensure a satisfactory standard of development. 5. Within 28 days of the date of this permission, details of the surfacing of the vehicular access to the

public highway, parking facilities and all other hard-surfaced areas within the site shall have been submitted to and subsequently approved by the local planning authority. These facilities shall then be provided in accordance with the approved details before the first occupation of the development. Reason: In the interest of highway safety and visual amenity.


EN/09/01584/EXT


5 October 2009 13 October 2009 3 November 2009

Applicant Kettering Borough Council - Development Services

Location New Albion Wind Farm Towns Close Farm Rushton, Kettering.

Proposal Erection of seven wind turbines.

Decision No objections be made, subject to the following conditions being submitted to Kettering Borough Council:

1. Scheme submitted and implemented to restore land at end of turbine 25 year life; 2. Submission and implementation of traffic management plan; 3. Hours of operation and vehicle movement limited during construction; and 4. Scheme of external finishes of the turbines (including the blades), buildings and structures to

be agreed.



Date: 18 November 2009 Venue: East Northamptonshire House, Cedar Drive, Thrapston Time: 7.00pm Present: Councillors: - Pauline Bradberry JP (Chairman) Gill Mercer (Vice Chairman) Andy Mercer (Leader of the Council)

Lisa Costello Roger Powell Roger Glithero JP John Richardson MBE Sylvia Hughes Anna Sauntson Brian Northall Phillip Stearn Ron Pinnock Clive Wood

PART A ITEMS

237. MINUTES The minutes of the meeting held on 11 November 2009 were approved and signed by the Chairman. 238. APOLOGIES FOR ABSENCE Councillors Wendy Brackenbury, Albert Campbell, Glenn Harwood MBE, Robin Underwood and Pam Whiting sent their apologies. 239. DECLARATIONS OF INTEREST No interests were declared.

240. DEVELOPMENT CONTROL GUIDANCE AND PROTOCOL DOCUMENTS

The Committee received three draft documents which had been produced to provide guidance for the public and developers about the Council’s Development Control service:

• Development Control Charter

• Major Application Protocol

• Enforcement Policy.

A draft Protocol for Members’ Involvement in Pre-application Discussions was also received, which specified Members’ involvement in the planning pre-application process. Members considered the documents and agreed that the following amendments be made: -


(a) Development Control Charter

• Para 1.5 – on the fourth line delete “and the targets for the following year” • Para 6.28 – delete “which the local elected District Councillor wishes to discuss at the

Development Control Committee.“ at the end of the paragraph and replace with “unless after consultation with Ward Members, the Ward Members agree that a delegated decision can be made, or a Member requests that an application is determined by Committee”.

• Para 6.30 – add “Ward Member” as a bullet point and delete “Development Control Committee” from second paragraph and amend to read “The Chair of the meeting can exercise“.

(b) Major Application Protocol

• Para 3.3 – add “The Case Officer will inform all Ward Members” to the text of the paragraph

• Para 3.5 – add definition of appropriate Members from paragraph 1.3 of the “Protocol for involving Members in Pre-Application Discussions” to the paragraph

• Appendix 1 – add “Highways” to read “Transport and Highways” box on the second page

• Appendix 2 – amend to “Advise all the Ward Members“ to the second paragraph of the second box down, and also add “all Ward Members” to the end of the third paragraph of the sixth box down.

(c) Enforcement Policy

• Add “We will inform Ward Members when formal enforcement action is taken” to paragraph 3.10.

(d) Protocol for Members’ Involvement in Pre-Application Discussions

• Delete the form at the end and also delete paragraph 3.6 from the Protocol document. RESOLVED:

(1) That, subject to the amendments detailed in the preamble above, the draft Development Control Charter, Major Application Protocol and Enforcement Policy be endorsed and submitted to the Policy and Resources Committee for approval.

(2) That, subject to the amendments detailed in the preamble above, the

involvement of Members in the pre-application process and the draft Protocol be endorsed and submitted to the Policy and Resources Committee for approval, and that Full Council be requested to amend the Code of Practice for Planning Procedures.

(3) That the four documents be submitted to the Scrutiny Committee for

consideration.

Chairman

East Northamptonshire Standards Board – 18 November 2009 Page 293

EAST NORTHAMPTONSHIRE STANDARDS BOARD Date: 18 November 2009 Venue: East Northamptonshire House, Cedar Drive, Thrapston Time: 7.30 pm Present: Graham Blagden (Chairman) East Northamptonshire Councillors:

Glenvil Greenwood- Smith Barbara Jenney

Brian Northall

Town and Parish Councillors: Don Campbell

Prudence Goss Sue North Arthur Whittaker

Independent Members: Lance Quantrill

Also attended: Graham Matthews (Observer – see minute 241)

PART A ITEMS 241. WELCOME The Chairman welcomed Councillor Arthur Whittaker (Yarwell Parish Council) to his first meeting of the Board and Mr Graham Matthews who attended the meeting as an observer and, subject to the approval of the full Council, would be an Independent Member of the Standards Board at the next meeting. The Board noted that the Chairman had expressed his thanks to Councillor John Denning for his eight years service as a Parish Council representative on the Board at full Council (minute 214 refers), and this had been endorsed by the Chairman of the Council.

242. MINUTES The minutes of the meeting held on 8 July 2009 were approved and signed by the Chairman. 243. APOLOGIES FOR ABSENCE

Councillor Roger Powell and Ms Hilary Daniels sent apologies. 244. DECLARATIONS OF INTEREST Mr Lance Quantrill declared a personal interest in Appendix A of item 7 as he knew the Councillor involved in the case considered by the adjudication panel report.


245. ACTIVITY REPORT OF MONITORING OFFICER The Board received a report on the ethical matters dealt with by the Monitoring Officer since the last meeting and noted the volume and nature of activity over the period. The Board noted that the quarterly return had been submitted. It was noted that since the last meeting, 23 enquiries had been recorded from Parish and Town Council Clerks and Councillors, District Councillors and the general public. Two refresher sessions on the Code of Conduct had been held at Raunds and Rushden and all local Councillors (Town, Parish and District) would be invited to a session on the Code of Conduct on Monday 8 February. The training held in September for existing Standards Board Members would be repeated for the new Parish Council representative and Independent Member before the next meeting and, time allowing, a new training DVD on local assessment of complaints would be shown to all Board Members after the next meeting. The Monitoring Officer updated the Board on the focus on community engagement that was being facilitated by the Local Democracy, Economic Development and Construction Bill. It was noted that the issues which would particularly impact on the Council’s Constitution included, a new duty to promote understanding of the Council’s democratic arrangements and how the public can be involved, and the requirement to provide an online petition facility. The Board noted that the advice given by the Monitoring Officer and Standards for England with regard to discussions on the Manor Park Leisure Centre project and associated parish meeting had been the subject of letters and articles in the local press. Members discussed the confusion amongst residents that the coverage may have given rise to. The Monitoring Officer’s suggestion that an article be placed in the Nene Valley News explaining the role of the Code of Conduct and the issue of declarations of interest was endorsed. It was also noted that the Monitoring Officer would be writing to Standards for England to express the concern of some Councillors at the way the situation had been reported.

246. THE RELEVANT AUTHORITIES (STANDARDS COMMITTEES)

(DISPENSATIONS) REGULATIONS 2002 No requests for dispensations had been received. 247. STANDARDS FOR ENGLAND ANNUAL ASSEMBLY The Board considered a summary of learning and ideas noted by the delegates to the 2009 Standards for England Assembly which had been held in October and attended by Councillor Glenvil Greenwood-Smith (District Councillor), Ms Hilary Daniels (Independent Member), Mr Lance Quantrill (Independent Member), and the Monitoring Officer. The key learning points highlighted in the report were considered and gave rise to discussion on how proactive the Board should be in promoting its work and outcomes. It was suggested that Independent Members attend town and parish council meetings or the Council’s local meetings with Parish Councils in order to engage with Town and Parish Councillors in a positive way. The aim would be to educate Councillors and clerks in the role of the Standards Board through a short


presentation and help to develop a more positive perception of the Board. It was hoped that this would lead to a greater appreciation of the value of Standards; the importance of good judgement; and the impartial role of the Independent Members, in order to redress the negative perception and distrust of the Board. A programme of visits could be built up, focussing initially on Councils where the clerk or Council had requested advice from the Monitoring Officer. The value of local newsletters and publications as a tool for educating members of the public and Councils was also considered and it was suggested the article Councillor Prudence Goss had written for the Thrapston newsletter be circulated for publication in other parish newsletters. The value of attending the 2010 Conference was considered in the light of the likely change to national policy if there were to be a change of Government. It was agreed that this would be revisited after the general election. The delegates expressed the view that their impression from attending the Conference was that the East Northamptonshire Standards Board was doing well and that across the country there had been an improvement in standards. 248. FUTURE WORK PROGRAMME The future work programme of the Board was reviewed and suggestions for future activities were discussed. It was agreed that a meeting between the Chairman and the Leader of the Council and the possible attendance of the Chairman at a future meeting of the Scrutiny Committee would be pursued. It was noted that there were important links with other Committees, such as the Scrutiny Committee and the Audit and Risk Management Committee, through ethical framework and governance issues. The Board considered how to facilitate good corporate governance amongst Town and Parish Councils, and the previous discussions on the attendance of Independent Members and Town and Parish Council meetings were referred to. The Monitoring Officer reported that a joint training session was being held with the National Association of Local Councils for parish clerks on procedure. Regarding advertising the work of the Board and making it more accessible to members of the public and Parish and Town Councils and clerks, the launch of the new website in January 2010 was considered. It was agreed that the new website should include a specific page on the Standards Board to include information on the function of the Board, membership, the Code, how to complain, the role of the different members, the definition of ‘Independent’ and so on. The draft pages would be brought to the next meeting of the Board for consideration. The importance of sharing the results of Assessment Sub-Committees with the rest of the Board as far as practicable to help with training and development was noted. A future report on the effectiveness and impact of the whistle-blowing policy was also discussed. The Board considered how to review partnership working to ensure appropriate transparency and good governance, particularly as partner bodies might not be subject to professional Codes of Conduct. It was agreed that this was a difficult issue to approach and the Board would return to it in the future.


A future Town and Parish Council Audit was considered to help the Board understand where issues had arisen and which Councils to target for more training. This was considered particularly important as there was a high turnover of Parish Councillors and a number of new clerks had recently started. It was agreed that this would be revisited in a few months time after the training for clerks and Councillors planned for the New Year. 249. CONSTITUTIONAL CHANGES The Monitoring Officer reported that a working party had been set up to review the Constitution and the proposed changes would be brought to the Standards Board for consideration in February. It was noted that a number of changes would need to be made earlier than this. These included minor changes to the Planning Policy Committee and Licensing and Taxi Panels’ Terms of Reference, a new protocol for involving Members in pre-application discussion for major planning applications, and changes to the protocol on Member access to confidential papers and remaining in meetings during the discussion of confidential items if not a member of the Committee. These early alterations would be considered by the Scrutiny and Policy and Resources Committees in December and submitted to the full Council for adoption in January. 250. STANDARDS FOR ENGLAND RECENT CASES It was suggested that it would be useful for the Board to discuss the results of appeals tribunals at each meeting. The Chairman drew the Board’s attention to the Adjudication Panel for England Appeals Tribunal Decision report which was attached as appendix A to agenda item 7. The report was discussed in detail and Members of the Board offered their views on how the complaint should have been dealt with.

Chairman

Development Control Committee – 2 December 2009 Page 297


Date: 2 December 2009 Venue: East Northamptonshire House, Cedar Drive, Thrapston Time: 7.30pm Present: Councillors: - Pauline Bradberry JP (Chairman) Gill Mercer (Vice Chairman) Andy Mercer (Leader of the Council)

Wendy Brackenbury Roger Powell Albert Campbell Anna Sauntson Roger Glithero JP Phillip Stearn Glenn Harwood MBE Robin Underwood Sylvia Hughes Pam Whiting Brian Northall Clive Wood Ron Pinnock

PART A ITEMS

251. MINUTES The minutes of the meeting held on 18 November 2009 were approved and signed by the Chairman. 252. APOLOGIES FOR ABSENCE Councillor John Richardson MBE sent his apologies. 253. DECLARATIONS OF INTEREST AND INFORMAL SITE VISITS (a) Interests Councillor Robin Underwood declared a personal interest in application EN/08/02282/FUL because he knew the previous owner of the site. He remained in the meeting and took part in the discussion and voting when the application was considered. (b) Informal Site Visits No informal site visits were declared. 254. PUBLIC SPEAKERS The following people spoke on the applications as indicated: - (i) Mr G Ward and Mr P Doyle on application EN/08/2282/FUL – Former Factory Site,

Finedon Road, Irthlingborough.


(ii) Mr J Ash on application EN/09/01370/FUL – 8 Cartmel Way, Rushden. (iii) Mr M Palmer on Agenda Item 6 – Grombold Lodge, Chelveston Road, Raunds. 255. PLANNING APPLICATIONS The Committee considered the schedule of applications and recommendations of the Head of Planning Services, with updated information on some of the applications and representations made by public speakers at the meeting. The applications where the Committee agreed with the Officer’s recommendations are indicated under (a) below, with deferred decisions under (b) below. The full decision on the applications are included (on the page indicated) in the Appendix to these minutes. (a) Agreed: (i) EN/08/02282/FUL – Former Factory Site, Finedon Road, Irthlingborough (See page 301)

Granted - the Head of Planning Services, in concurrence with the Chairman or Vice Chairman and Ward Member, was authorised to Grant the application subject to the applicants entering into a Section 106 Agreement regarding social and community infrastructure and the imposition of planning conditions; the receipt of no new or substantive representations following the expiry of further neighbour notification and consultation undertaken on the amended plan by 9 December 2009.

Members discussed the following matters when considering the application:

• archaeological and drainage issues on the site

• the funding of projects with money from the Section 106 Agreement, including a request from Irthlingborough Town Council for funding towards play equipment in the town

• infrastructure issues.

(ii) EN/09/01370/FUL – 8 Cartmel Way, Rushden (See page 305) Granted with the conditions as reported.

Members were satisfied that the design of the revised scheme was an improvement on the previous proposal.

(iii) EN/09/01489/FUL – 2 Westfield Avenue, Rushden (See page 306)

Granted with the conditions as reported. The Committee discussed car parking and highway issues for this proposal and considered that the scheme was satisfactory.

(iv) EN/09/01730/FUL – 17 Arundel Court, Rushden (See page 307) Granted with the conditions as reported. (v) EN/09/01133/OUT – 33 Westfields, Easton on the Hill (See page 307)


Granted with the conditions as reported. The Committee discussed the highway issues regarding this proposal and considered that the scheme was satisfactory.

(vi) EN/09/01381/FUL – The Fire Engine Building, Ashton Wold, Ashton (See page 310) Granted with the conditions as reported. (vii) EN/09/01394/OUT – 93 Main Road, Collyweston (See page 311) Granted with the conditions as reported.

The Head of Planning Services reassured Members that the site could only accommodate two dwellings.

(viii) EN/09/01376/EXT – Priors Hall Site, Kirby Lane, Deene (See page 312) Noted - The application submitted by Corby Borough Council was noted. (b) Deferred:

EN/09/00405/REM – 77 Kimbolton Road, Higham Ferrers (See page 305)

Deferred - The Head of Planning Services requested that the application should be deferred to investigate a landscaping/boundary screening matter in more detail.

RESOLVED:

That the above planning applications be dealt with as indicated in the Appendix to these minutes at pages 301 to 312.

256. CONVERSION OF SWIMMING POOL ANNEX BUILDING TO SEPARATE DWELLING (EN/08/02218/FUL) - GROMBOLD LODGE, 1A CHELVESTON ROAD, RAUNDS The Head of Planning Services reported that a planning application for the conversion of a swimming pool annex building to a separate dwelling at Grombold Lodge, 1A Chelveston Road, Raunds, had been approved at the Development Control Committee on 22 July 2009. An agent acting for the owners of a neighbouring property was claiming that there could be grounds to submit a case for a Judicial Review or Quashing Order, challenging the Committee’s decision to grant planning permission. The Council’s external planning lawyer had been consulted on this matter and the advice received indicated that, although a paragraph had been omitted in error on the decision notice, this had not invalidated the Committee’s decision to grant the application. In order to clarify the matter and comply with relevant case law, the Committee was asked to recall and summarise its reasons for granting the application at the meeting of the Development Control Committee in July 2009.


Members noted the comments of the Solicitor to the Council regarding the legal advice received. RESOLVED:

That the decision taken at the meeting of the Development Control Committee on 22 July 2009 to grant application EN/08/02218/FUL for the conversion of a swimming pool annex building to a separate dwelling at Grombold Lodge, 1A Chelveston Road, Raunds, was correct and that the application had been granted for the following reasons:

(i) the proposed scheme complied with both nationally and locally adopted planning

policies, in particular, those set out within the adopted Core Spatial Strategy; (ii) detailed matters had been considered with regard to the proposal taking account

of the presence of the existing building; its effect on neighbouring properties; and the potential for overlooking;

(iii) the objections received from neighbours and Raunds Town Council, detailed in

the Committee report, had been adequately considered and addressed; and

(iv) the Committee was satisfied that the proposal was an acceptable one after considering all the issues raised and could be supported.

Note: Councillor Andy Mercer requested that his abstention from voting on this item be recorded because he was not present at the Committee meeting in July 2009. 257. APPEAL DECISION MONITORING REPORT Members noted the report submitted for information by the Head of Planning Services monitoring the Council’s appeal decisions from 17 October to 6 November 2009.

Chairman


List of Applications Determined by

DEVELOPMENT CONTROL COMMITTEE - 2 December 2009

EN/08/02282/FUL


17 December 2008 17 February 2009 19 May 2009 Irthlingborough Waterloo

Applicant J S Bloor (Northampton) Ltd

Agent Peter Taylor Associates Ltd - Isabelle Blavier

Location Former Factory Site, Finedon Road, Irthlingborough.

Proposal Redevelopment of site to residential development comprising of one hundred and forty one dwellings with associated roads, car parking, public open spaces, infrastructure and access.

Decision: The Head of Planning Services, in concurrence with the Chairman or Vice Chairman and Ward Member, be authorised to Grant the application subject to the applicants entering into a Section 106 Agreement regarding social and community infrastructure and the imposition of planning conditions; the receipt of no new or substantive representations following the expiry of further neighbour notification and consultation undertaken on the amended plan by 9 December 2009.


this permission. Reason: Statutory requirement under provision of Section 51 of the Planning and Compulsory Purchase Act 2004.

2. Notwithstanding the submitted information prior to the commencement of development details of

existing levels of the site in relation to adjoining land levels and proposed levels including finished floor levels shall be submitted to and agreed with the Local Planning Authority in writing. Development shall be carried out in accordance with these approved details.

Reason: In the interest of amenity, as the site is to be re-graded and the submitted information suggests that the proposed level contours are indicative.

3. Prior to the commencement of development details of all external materials shall be submitted to and approved by the Local Planning Authority in writing. In addition, sample panels of brickwork shall be constructed on site prior to the commencement of development. Development shall be carried out in accordance with the approved details.

Reason: In the interest of amenity. 4. Notwithstanding the submitted details, details of boundary treatment at a scale of 1:200 (unless

agreed otherwise with the Local Planning Authority in writing) shall be submitted to and approved by the Local Planning Authority in writing and development shall be carried out in accordance with these approved details.

Reason: In the interest of amenity. 5. No development shall take place until a comprehensive landscaping scheme for the site has been

submitted to and approved by the local planning authority. This shall have been designed in accordance with the submitted landscape masterplan received 17 November 2009. It shall also be designed to encourage biodiversity within the site, and shall also include an implementation schedule. Any trees or plants which within a period of five years of planting die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local planning authority.


Reason: To ensure a reasonable standard of development and visual amenity for the area and to take account of Section 197 of the Town and Country Planning Act 1990.

6. Notwithstanding the submitted details, prior to the commencement of the development hereby

permitted, full engineering, drainage, street lighting, signing, road marking and constructional details of all off site and highway works shall be submitted to and be approved by the local planning authority in writing. Such works shall include: - (i) The site access junction (ii) The off-site kerbing and footway construction works, fronting Finedon Road from plot 93 to the western side of Road 1 (linking to existing footway facilities). (iii) The closure and reinstatement of existing accesses onto the A6 County Road to prevent vehicle use.

(iv) The provision of a controlled pedestrian crossing of Finedon Road in a location which shall first be agreed in writing with the local planning authority including the associated high skid resistant surfacing works.

(v) Other Pedestrian and Cycle enhancements. Such details as may be approved by the local planning authority shall thereafter be completed to the satisfaction of the local planning authority prior to the first occupation of the first dwelling of the development hereby permitted.

Reason: In the interest of Highway Safety. 7. Notwithstanding the submitted details, prior to the commencement of development hereby

permitted, the following internal estate street and residential access details shall be submitted to and be approved by the local planning authority in writing: -

(i) Hard surface paving materials throughout the estate street. (ii) Provision of pedestrian and vehicular visibility splays throughout the estate streets.

(iii) Means of surface water drainage throughout the estate street. (iv) Means of drainage, to prevent the unregulated discharge of surface water onto the highway network. (v) Maximum gradient (1 in 15) from back of the highway boundary. (vi) Street Lighting.

The development shall thereafter be completed to the satisfaction of the local planning authority in accordance with the approved details.

Reason: In the interest of highway safety. 8. Provision shall be made to accommodate all site operative’s, visitors and construction vehicles

loading, off loading, parking and turning within the site during the construction period, in accordance with details to be submitted to and agreed in writing by the Local Planning Authority.

Reason: In the interest of highway safety. 9. Prior to the commencement of development a scheme to prevent the deposit of mud and other

similar debris on the adjacent public highways shall be submitted to and approved by the Local Planning Authority in writing and development shall be carried out in accordance with these approved details.

Reason: In the interest of highway safety. 10. Notwithstanding the provisions of sections 94, 98 and 106 of the Water Industry Act 1991, no

development shall commence until details of a scheme, including phasing, for the provision of mains foul water drainage on and off site has been submitted to and approved in writing by the Local Planning Authority. No dwellings shall be occupied until the works have been carried out in accordance with the approved scheme.

Reason: To prevent flooding, pollution and detriment to public amenity through the provision of suitable water infrastructure.

11. Prior to the commencement of development approved by this planning permission (or such other

date or stage in development as may be agreed in writing with the Local Planning Authority), the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved in writing by the Local Planning Authority:

(1) A preliminary risk assessment which has identified all previous uses potential contaminants associated with those uses a conceptual model of the site indicating sources, pathways and receptors potentially unacceptable risks arising from contamination of the site.

(2) A site investigation scheme based on (1) to provide information for a detailed assessment of


the risk to all receptors that may be effected, including those offsite. (3) The site investigation results and the detailed risk assessment and, based on these, an options

appraisal and remediation strategy giving full details of the remediation measures required and how these are to be undertaken.

(4) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (3) are complete and identify any requirements for longer term monitoring of pollutant linkages, maintenance arrangements and contingency action.

Any changes to these components will need to be approved in writing by the Local Planning Authority.

Reason: To prevent pollution to the water environment and the risk of contamination elsewhere.

12. No infiltration of surface water drainage into the ground is permitted other than that which may be

approved in writing by the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters.

Reason: Any areas where soakaways are proposed should be characterised. This is to ensure that the use of soakaways does not pose additional risk to controlled waters from mobilisation of contaminats in soil.

13. All surface water from communal parking and manoeuvring areas shall be passed through trapped

gullies prior to disposal to groundwater, watercourse or surface water sewer with an overall capacity compatible with the site being drained.

Reason: To prevent pollution to the water environment. 14. Development shall be carried out strictly in accordance with the submitted Flood Risk Assessment.

Reason: To prevent flooding. 15. No development shall take place until the applicant, or their agents or successors in title, has

secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority.

Reason: To protect any potential archaeological interest. 16. Development shall be carried out at all times strictly in compliance with the submitted Ecological

Mitigation Plan. Reason: To protect ecological interests.

17. Development shall be carried out strictly in accordance with the submitted Noise Assessment,

unless otherwise agreed in writing with the Local Planning Authority. Reason: To protect the proposed dwellings from sources of noise in the interest of

residential amenity. 18. Prior to the commencement of development, details of the proposed noise barrier, which shall

include measures to allow for the free passage of newts, shall be submitted to and approved by the Local Planning Authority in writing. This barrier shall be in place before the occupation of any of the dwellings hereby approved, unless otherwise agreed in writing with the Local Planning Authority.

Reason: To protect future residents from noise, in the interest of amenity, whilst at the same time ensuring the free passage of newts.

19. Development shall be carried out fully in accordance with the submitted waste management

strategy unless otherwise agreed in writing with the Local Planning Authority. Reason: In the interest of amenity and sustainability 20. Prior to the commencement of development a scheme for the provision of litter and dog bins shall

be submitted to and approved by the Local Planning Authority in writing. This scheme shall include arrangements for emptying these bins both in the short and longer term.

Reason: In the interest of amenity. 21. Prior to the commencement of development a scheme for lighting the private parking areas

footpaths and areas of public open space shall be submitted to and approved by the Local Planning Authority in writing and development shall be carried out in accordance with these


approved details. Reason: In the interest of amenity and crime prevention.

22. At least 10% of the demand for energy shall be met on site and renewably/from a decentralised

renewable or low-carbon energy supply (as described in the glossary of Planning Policy Statement: Planning and Climate Change (December 2007). Prior to the commencement of development details and a timetable of how this is to be achieved, including details of physical works on site, shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details and shall be implemented in accordance with the approved timetable and retained as operational thereafter, unless otherwise agreed in writing with the Local Planning Authority.

Reason: To ensure that the development is sustainable and makes efficient use of energy, water and materials and to comply with Policies 13 and 14 of the North Northamptonshire Core Spatial Strategy and the Sustainable Construction and Design SPD.

23. No development shall take place until a written water efficiency statement, detailing measures to promote water efficiency within the development, has been submitted to and approved in writing by the Local Planning Authority. The measures shall be implemented in strict accordance with the approved details.

Reason: To ensure that the development is sustainable and makes efficient use of water and to comply with Policies 13 and 14 of the North Northamptonshire Core Spatial Strategy and the Sustainable Construction and Design SPD.

24. Prior to the commencement of development a method statement for the demolition of the buildings

shall be submitted to and approved by the Local Planning Authority in writing. This shall specify the hours of operation for demolition works and shall include details of HGV movements. Development shall be carried out in accordance with this method statement.

Reason: In the interest of amenity. 25. Prior to the commencement of development hours for construction work shall be submitted to and

agreed in writing with the Local Planning Authority and development shall be carried out in accordance with these approved details.

Reason: In the interest of amenity. 26. Before the development hereby permitted is brought into use the side window to the dwelling on

Plot 9 shall be provided with obscure glazing and rendered incapable of being opened, in such a manner as would eliminate any over-looking of the adjacent premises. The window shall be retained in this condition in perpetuity. Reason: To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area.


Development) Order 1995 (or any Order amending or re-enacting that Order with or without modification), no windows shall be inserted in the side/flank elevations of Plots 4, 9, 12, 16-17, 49, 58, 80, 81, 90, 91, 92, 102, 103, 110.

Reason: To protect the amenity of adjacent occupiers. 28. Notwithstanding the submitted details, a Tree Constraints Plan, Tree Protection Plan and a

Arboricultural Method Statement shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. All details hereby required shall be in accordance with BS5837: 2005 and the method statement shall include (but not be limited to) a specification for the construction of the footpath through the spinney to west of the site and detail proposed management works required to maintain the woodland structure. The development shall thereafter be carried out in accordance with these details.

Reason: To ensure the protection of trees on site 29. Development shall not commence until a surface water drainage scheme for the site has been

submitted to and approved by the Local Planning Authority in writing. The scheme shall be subsequently implemented in accordance with the approved scheme before the development is completed.

Reason: To prevent the increased risk of flooding and ensure future maintenance of the surface water drainage system.


30. Prior to the commencement of development, unless otherwise agreed in writing with the Local

Planning Authority in writing, a scheme for the provision of any gating to the undercroft parking areas shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with any approved details.

Reason: In the interest of crime prevention. 31. Prior to the commencement of development details of bollards and motorcycle barriers, unless

otherwise agreed in writing with the Local Planning Authority, shall be submitted to and approved by the Local Planning Authority in writing. Development shall be carried out in accordance with any approved details.

Reason: In the interest of crime prevention.

EN/09/00405/REM


20 March 2009 9 April 2009 9 July 2009 Higham Ferrers Lancaster

Applicant Ashgate Mount Homes Ltd

Agent Len Mason Consultant

Location 77 Kimbolton Road, Higham Ferrers, Rushden.

Proposal Reserved Matters: Landscaping associated with demolition of existing buildings and redevelopment of twenty four dwellings with associated external works pursuant to outline planning permission EN/04/02158/OUT dated 21/3/06.

Decision: Deferred to enable the investigation of a landscaping/boundary screening matter in more detail.

EN/09/01370/FUL


1 September 2009 8 September 2009 3 November 2009 Rushden Hayden

Applicant Mr Mark Foster

Location 8 Cartmel Way, Rushden.

Proposal Double garage

Decision: Application Granted Conditions/Reasons: 1. The development hereby permitted shall be begun before the expiration of 3 years from the date of


Compulsory Purchase Act 2004. 2. The development hereby permitted shall not be carried out otherwise than in complete accordance

with the submitted application details unless otherwise agreed in writing by the Local Planning Authority.

Reason: In order to clarify the terms of this planning permission and to ensure that the development is carried out as permitted.


3. The development hereby permitted shall be used for domestic purposes only ancillary to the occupation of the single family dwelling within the curtilage of which it is located.

Reason: In order to safeguard the amenity of adjacent residential properties. 4. Prior to the first use or occupation of the development hereby permitted a 2.4m x 2.4m pedestrian

visibility splay shall be provided to the west of the vehicular access. These measurements are taken from and along the highway boundary. Any features within or affecting the resultant triangular area shall not exceed 0.6m above access/footway level (excluding the timber supports in this instance).

Reason: In the interests of highway safety.

EN/09/01489/FUL


21 September 2009 21 September 2009 16 November 2009 Rushden Pemberton

Applicant Mr R Coast

Agent Marric Chartered Surveyors

Location 2 Westfield Avenue, Rushden.

Proposal Erection of two flats adjacent to No.2 Westfield Avenue.



2. Before any work is commenced on the development hereby permitted, details of the external

materials of the proposed building shall have been submitted to and approved in writing by the Local Planning Authority and the development shall thereafter be carried out in accordance with the approved details. Reason: To achieve a satisfactory elevational appearance for the development.

3. Prior to the first use or occupation of the development herby permitted, pedestrian visibility splays

of at least 2.4 metres x 2.4 metres shall be provided on each side of the vehicular access. These measurements are taken from and along the highway boundary. Any features within or affecting the resultant triangular areas shall not exceed 0.6 metres above access/footway level. Reason: In the interests of highway safety.

4. The vehicular access gradient from the highway boundary shall not exceed 1 in 15.

Reason: In the interests of highway safety. 5. Prior to the first use or occupation of the development hereby permitted a positive means of

drainage shall be installed to ensure that surface water from the vehicular access or private land does not discharge onto the highway. Reason: In the interests of highway safety.

6. Prior to the first use or occupation of the development herby permitted the means of vehicular

access hereby permitted shall be paved with a hard bound surface for a minimum of 5 metres from the highway boundary and retained as such. Reason: In the interests of highway safety and residential amenity.

7. Before any work is commenced on the development the subject of this permission details of the

provision of boundary screening to the site shall be submitted to and approved in writing by the


local planning authority, and this boundary screening shall then be provided in accordance with the approved details before the development is brought into use and thereafter retained in perpetuity. Reason: To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area.

8. Notwithstanding the submitted details and before commencement of development hereby

permitted, a sustainable strategy shall be submitted to and be agreed in writing by the Local Planning Authority to demonstrate that the development would meet requirements of Policy 14 of the North Northamptonshire Core Spatial Strategy and the development shall be implemented in accordance with the details so approved, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure that the development is sustainable in accordance with national government advice contained in PPS1 and Policy 14 of the adopted North Northamptonshire Core Spatial Strategy

EN/09/01730/FUL


27 October 2009 27 October 2009 22 December 2009 Rushden Pemberton

Applicant Mrs S Chapman

Location 17 Arundel Court, Rushden.

Proposal Single storey rear extension, changing existing garage flat roof to pitched roof and installation of bay window to front of property.



2. The development hereby permitted shall be carried out using materials and treatments matching

those of the existing building. Reason: To achieve a satisfactory elevational appearance for the development.

EN/09/01133/OUT


20 July 2009 5 August 2009 30 September 2009 Fineshade

Applicant Mr P Bee

Agent Scott Architectural Services

Location 33 Westfields, Easton On The Hill.

Proposal Development of land r/o 31 and 33 Westfields for the provision of 4 dwelling houses with new access road. Demolition of current garage and relocation of No.33 to allow access road.

Decision: Application Granted Conditions/Reasons:


1. Approval of the details of the access, siting, scale and appearance of the building(s) and the landscaping of the site (hereinafter called “the reserved matters”) shall be obtained from the local planning authority in writing before the development is commenced. Reason: The application is in outline only and the reserved matters referred to will require full consideration by the Local Planning Authority.

2. Application for the approval of the reserved matters must be made not later than the expiration of

three years beginning with the date of this permission. Reason: Statutory requirement under section 51 of the Planning and Compulsory Purchase Act 2004.

3. The development to which this permission relates shall be begun before the expiration of two

years from the date of approval of the last of the reserved matters to be approved. Reason: Statutory requirement under section 51 of the Planning and Compulsory Purchase Act 2004.

4. The details required to be submitted by condition No. 1 shall include the provision of boundary

screening to the site. This shall include details indicating the positions, height, design, materials and type of boundary treatment to be erected. This boundary screening shall then be provided in accordance with the details so approved before the development is brought into use and shall be retained thereafter in perpetuity, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area.

5. The dwellings hereby approved shall be limited to a maximum height of two storeys only with

rooms in the roof, in accordance with the principles of the submitted design and access statement received on 20th July 2009 and agent email received on 26th October 2009, and shall have ridge heights not exceeding 10.0 metres and eave heights not exceeding 5.5 metres. Reason: In the interests of the character and appearance of the street scene and amenities of the neighbouring occupiers.

6. The details to be submitted for approval in writing by the Local Planning Authority in accordance

with condition 1 above shall include drawings showing the slab levels of the buildings in relation to the existing and proposed levels of the site and the surrounding land. The buildings shall there after be constructed in accordance with the details so approved in writing by the local planning authority, unless otherwise agreed in writing by the Local Planning Authority. Reason: For the avoidance of doubt and to ensure a satisfactory form of development in relation to neighbouring land and buildings.

7. Before commencement of development, details and samples of the external materials to be used

for the construction of the dwelling shall have been submitted to and be approved in writing by the Local Planning Authority and the development shall be implemented in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority. Reason: To achieve a satisfactory appearance for the development.

8. The details required to be submitted by Condition No. 1; hereof shall include the provision of foul

water and surface water drainage installations to serve the development proposed. Reason: To safeguard public health and ensure that satisfactory foul and surface water drainage provisions are provided to serve the development.

9. The details to be submitted for approval in writing by the local planning authority in accordance

with condition 1 above shall include vehicular access details and pedestrian visibility splays of 2.0m x 2.0m and vehicular visibility splays of 43.0m x 43.0 metres (measured from a point 2.0 metres back along the centre line of the proposed junction) shall be provided on both sides of the vehicular access. The areas of land between the required sight lines and the highway carriageway shall be cleared, levelled and retained at a height not exceeding 0.6 metres above the carriageway and driveway levels. Reason: In the interest of highway safety.

10. Before commencement of development, details shall be submitted to the Local Planning Authority

to show the relocation and installation of the surface water side inlet gully and the gully shall have


a minimum of 1.0m sideway clearance from the shared heavy duty vehicle access to the point of discharge. The development shall thereafter be implemented in accordance with the details so approved in writing, unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interest of highway safety.

11. Adequate surface water drainage system shall be provided to prevent the unregulated discharge of

water onto the highway boundary and these measures shall be implemented before the development is brought into use. Reason: In the interest of highway safety.

12. Before the development hereby permitted is commenced, details of the construction and surfacing

of the vehicular access to the public highway, parking facilities and all other hard-surfaced areas within the site shall have been submitted to and approved by the local planning authority. These facilities shall then be provided in accordance with the approved details before the first occupation of the development. Reason: In the interest of highway safety and visual amenity.

13. The vehicular access shall have a gradient not exceeding 1 in 15 for a distance of 5.0 metres back

from the correct level at the highway boundary. Prior to the first occupation of the development hereby permitted this area shall be paved with a hard bound surface for a minimum of 5.0 metres back from the highway boundary and be thereafter retained. Reason: In the interest of highway safety.

14. Notwithstanding the provisions of the Town and County Planning (General Permitted

Development) Order 1995 (or any Order amending or re-enacting that Order with or without modification), any gates or other form of barrier provided at the access point shall be positioned 5.0 metres back from the highway boundary and shall be hung to open inwards only. Reason: In the interest of highway safety.

15. The details to be submitted for approval in writing by the Local Planning Authority in accordance

with condition 1 above shall include a scheme of landscaping for the site. The details shall include a plan at not less than 1:500 showing the position, species, canopy spread and height of all trees within and adjacent to the site, indicating those to be retained and those proposed for felling and planting. The development shall thereafter be implemented strictly in accordance with the approved details in the first planting season following the occupation of the development. Reason: To ensure a reasonable standard of development and to avoid detriment to the amenity of the area.

16. Before commencement of development, protection details for the on-site trees, in particular the

trees located along the western, southern and eastern boundary of the site shall be submitted to and be approved in writing by the local planning authority. These details shall be in accordance with BS5837:2005 and the development shall be implemented in accordance with the details so approved. Reason: To ensure the protection of trees on site and to safeguard the amenity of the area.

17. Before commencement of development, an Arboricultural Method Statement shall be submitted to

and be approved in writing by the local planning authority. This statement shall be in accordance with BS5837:2005 and the development shall be carried out in accordance with the details so approved. Reason: To ensure the protection of trees on site and to safeguard the amenity of the area.

18. Prior to the commencement of the development hereby permitted, details of a scheme of lighting

for the site shall be submitted to and approved by the local planning authority and the scheme shall thereafter be implemented and retained in accordance with the details so approved, unless otherwise agreed in writing by the Local Planning Authority. Reason: To minimize the opportunities for crime and fear for crime.


Development) Order 2008 (or any Order amending or re-enacting that Order with or without modification), there shall be no development within Classes A, B or C of Part 1 of Schedule 2 to


that Order without the prior written approval of the Local Planning Authority. Reason: To protect the amenity of adjacent occupiers, to ensure a satisfactory

elevational appearance for the development and ensure the development would not detract from the character and appearance of the area.

20. Notwithstanding the submitted details and before commencement of development hereby

permitted, a sustainable strategy shall be submitted to and be agreed in writing by the Local Planning Authority to demonstrate that the development would meet requirements of Policy 14 of the North Northamptonshire Core Spatial Strategy and the development shall be implemented in accordance with the details so approved, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure that the development is sustainable in accordance with national government advice contained in PPS1 and Policy 14 of the adopted North Northamptonshire Core Spatial Strategy.

EN/09/01381/FUL


3 September 2009 3 September 2009 29 October 2009 Lower Nene

Applicant OHL Ltd

Agent David Jackson

Location The Fire Engine Building, Ashton Wold, Ashton.

Proposal To be converted to a 2 bed fully self-contained residential property for holiday use.

Decision: Application Granted Conditions/Reasons: 1. The development hereby permitted shall be begun before the expiration of 3 years from the

date of this permission. Reason: Statutory requirement under provision of Section 51 of the Planning and


materials matching those of the existing building, a sample of which shall have been submitted to and approved in writing by the local planning authority prior to the commencement of development. The development shall thereafter be constructed in accordance with these approved details. Reason: To achieve a satisfactory elevational appearance for the development.

3. There shall be no discharge of foul or contaminated drainage from the site onto any surface

waters, whether direct or via soakaways. Trade effluent shall not be discharged to surface waters.

Reason: To prevent pollution of the water environment. 4. Notwithstanding the provisions of the Town and Country Planning (General Permitted

Development) (Amendment) (No.2) (England) Order 2008 (or any order amending or re-enacting that order with or without modification) there shall be no development within class A of Part 2 of Schedule 2 to that order without the prior written approval of the local planning authority. Reason: To restrict the use of inappropriate boundary treatments in the interests of preserving the rural setting.


Development) (Amendment) (No.2) (England) Order 2008 (or any order amending or re-enacting that order with or without modification) there shall be no development within Part 1 of


Schedule 2 to that order without the prior written approval of the local planning authority. Reason: To prevent alterations that could result in an adverse impact upon the simple character and appearance of the building

6. The holiday lets shall not be occupied as a person’s sole, or main place of residence and the


EN/09/01394/OUT


7 September 2009 21 October 2009 16 December 2009 Fineshade

Applicant Mr C Close

Location 93 Main Road, Collyweston.

Proposal Outline: Erection of two detached houses (all matters reserved except access).

Decision: Application Granted Conditions/Reasons: 1. Approval of the details of the Layout, Scale, Appearance and Landscaping (hereinafter called “the

reserved matters”) shall be obtained from the local planning authority. Reason: The application is in outline only and the reserved matters referred to will

require full consideration by the local planning authority. 2. Application for the approval of the reserved matters must be made not later than the expiration of

three years beginning with the date of this permission. Reason: Statutory requirement under Section 51 of the Planning and Compulsory

Purchase Act 2004. 3. The development to which this permission relates shall be begun before the expiration of two

years from the date of approval of the last of the reserved matters to be approved. Reason: Statutory requirement under Section 51 of the Planning and Compulsory

Purchase Act 2004. 4. The details to be submitted for approval in writing by the local planning authority in accordance

with condition 1 above shall include slab levels of the buildings in relation to the existing and proposed levels of the site and the surrounding land. The buildings shall thereafter be constructed in accordance with the slab levels that have been approved in writing by the local planning authority.

Reason: For the avoidance of doubt and to ensure a satisfactory form of development in relation to neighbouring land and buildings.

5. Prior to the commencement of development, a comprehensive landscaping scheme for the site

shall be submitted to and approved in writing by the local planning authority. The scheme shall thereafter be implemented in accordance with the approved details in the first planting season following the occupation of the development. Any trees that die or become diseased within a 5 year period of implementation shall be replaced on a like-for-like basis.

Reason: To ensure a reasonable standard of development. 6. Notwithstanding the submitted details, further details of the vehicular access shall be submitted

to and approved in writing by the Local Planning Authority. The access shall be constructed in


accordance with the approved details: • 4.5m wide for the first 10m back from the highway boundary. • 2.0m x 43m visibility splays either side of the access points. • 2.0m x 2.0m pedestrian visibility splays each side of the access. Reason: In the interest of highway safety.

EN/09/01376/EXT


1 September 2009 8 September 2009 29 September 2009 Kings Forest

Applicant BELA PARTNERSHIP - Mr James Fishlock

Agent Corby Borough Council - Wayne Cattell

Location Priors Hall Site, Kirby Lane, Deene, Corby.

Proposal Proposed two storey enterprise centre (approval of reserved matters)

Decision: Application Noted

Scrutiny Committee – 7 December 2009 Page 313

SCRUTINY COMMITTEE Date: 7 December 2009 Venue: East Northamptonshire House, Cedar Drive, Thrapston Time: 7.30 pm Present: Councillors: - Phil Stearn (Chairman)

David Bateman Ron Pinnock Tony Boto Pam Whiting Gill Mercer Clive Wood

PART A ITEMS 258. MINUTES The minutes of the meeting held on 28 September 2009 were approved and signed by the Chairman. 259. APOLOGIES FOR ABSENCE

Councillors Richard Gell, Glenvil Greenwood-Smith, Marian Hollomon, Barbara Jenney, Brian Northall and Duncan Reid sent apologies. 260. DECLARATIONS OF INTEREST

There were no declarations of interest under Section 50 of the Local Government Act 2000. 261. PERFORMANCE PANEL

The minutes of the meeting of the Performance Panel held on 19 November 2009 were received. The Committee noted that the Panel was concerned about the under-performing indicator ‘Percentage of young people participating in ENC leisure and cultural activities’ and had agreed to monitor this measure. The minutes appear at pages 316 to 318 and form part of this minute.

262. TRAINING ON DEVELOPMENT CONTROL FOR MEMBERS OF TOWN AND PARISH COUNCILS

Further to minute 49 (17 June 2009), the Head of Planning Services proposed that a couple of training sessions be held for town and parish councils on the planning application processes; material considerations; section 106 agreements; and the different responsibilities of county, district and parish councils. It was agreed that the officers would seek to do a couple of sessions, one the northern towns and parishes and one for the southern ones, that these would be towards the end of January/early February and that they would seek to provide a basic overview of the application and related processes including enforcement rather than a detailed session involving case studies at this stage. It was


suggested the use of case studies might be helpful depending on the experience of the councillors in attendance and it was noted that the training sessions would enable town and parish councillors to meet officers who they could then contact for advice in the future. 263. DEVELOPMENT CONTROL POLICIES AND PROTOCOLS The Committee considered a draft Development Control Charter, Enforcement Policy, Major Application Protocol and Member Involvement in Pre-application Discussions Protocol, which had been endorsed by the Development Control Committee at its meeting on 18 November (minute 240 refers). A minor grammatical change was made and it was recommended that section 6.30 of the Development Control Charter be reworded so it was clear exactly how many speakers could speak from each category. RESOLVED:

That the Development Control Charter, Enforcement Policy, Major Application Protocol and Member Involvement in Pre-application Discussions Protocol be endorsed for referral to the Policy and Resources Committee for approval.

264. CONSTITUTIONAL CHANGES Members discussed a number of changes to the Constitution proposed by the Constitution Review Group which covered the following issues:

• Member access to confidential papers;

• Ability for Members not serving on particular Committees to remain in meetings after the exclusion of the press and public;

• Determination of Licensing matters (non liquor and gambling) and conservation area adoption and reviews;

• Involving Members in pre-application discussions (as a consequence of the adoption of the protocol if agreed by the full Council).

Wider access to confidential papers for Members was welcomed by the Committee and the Chairman expressed a wish to automatically receive all confidential papers. It was also suggested that a bracketed ‘s’ be added after all references to the Ward Member to allow for multi-Member wards. RESOLVED:

That, subject to the addition of the minor changes discussed at the meeting, the proposed changes to the Council’s Constitution be endorsed.

265. DEVELOPMENT CONTROL IMPROVEMENT PLAN UPDATE The Committee received the final update on the progress of the Development Control Improvement Plan. It was noted that 94% of Members and 87% of customers, when surveyed, were satisfied with the development control process and that performance had improved in relation to major applications and pre-application queries. A number of procedures had also been improved and a full complement of staff had been reached. Members noted that outstanding issues which required further attention were being progressed.


It was reported that, partly as a consequence of the ongoing Killian Pretty Review, the government had indicated more policy changes that would affect development control would be forthcoming. The Chairman commented on the marked improvement in performance and thanked the Development Control officers for their work in putting improvements in place. RESOLVED:

That the progress made in the progress of the Development Control Improvement Plan over its two year implementation period be noted.

266. NEXT MEETING The Committee noted that the next meeting was scheduled for 24 February 2010 and a future work programme would be considered. Members also noted that an additional meeting might be scheduled for earlier in the New Year to consider the next set of proposed changes to the Constitution.

Chairman


EAST NORTHAMPTONSHIRE COUNCIL

Performance Panel Minutes of the meeting held on Thursday 19 November 2009 at 7.30pm, in the Members’ Room, East Northamptonshire House, Thrapston. Present: Councillors: Glenvil Greenwood-Smith (Chairman) Duncan Reid Gill Mercer Officers: Lisa Hyde (LH) – Head of Policy and Community Development Emma Gadsby (EG) – Policy and Performance Manager Sacha Drew (SD) – Performance Officer Peter Cooper (PC) – Democratic Services (Minutes)

ACTION 1. APOLOGIES 1.1 Councillor Phillip Stearn sent his apologies. 2. DECLARATIONS OF INTEREST 2.1 No interests were declared. 3. MINUTES 3.1 The minutes of the meeting held on 17 September 2009 were received and

approved and the Panel noted the following:

3.2 Minute 4.5 – BV218a.05 Abandoned Vehicles Investigated and BV218b.05

Abandoned Vehicles Removed - the explanation of response times to investigate and remove all the vehicles reported as abandoned under these two Indicators would be added to future quarterly report, and was included in the second quarter performance report.

3.3 Minute 4.6 – ENPL26% Standard Local Authority Searches Carried Out in 5

Days - the number of days taken to undertake Searches after 5 days would be included in future quarterly reports and was included in the second quarter performance report.

4. SECOND QUARTER PERFORMANCE 2009/10 4.1 SD reported on the Council’s performance under the statutory national and

local performance indicators for the period from 1 April to 30 September 2009.

4.2 The under and over performance; measures within tolerance; missing target

and value indicators for the period were submitted for consideration and Members made comments on the indicators as follows:


ACTION (a) Over Performing Indicators 4.3 The Panel noted and welcomed the progress being made with the Indicators

reported under this sub-heading.

4.4 NI192 Percentage of Household Waste sent for Reuse, Recycling and

Composting – it was agreed that the Contractors be requested to supply a breakdown of the recycling figures, including green waste, and that these be sent to Councillor Reid for his information.

EG

4.5 ENPCD32/50 Amount of external funding received – it was agreed that Su

Davies, the External Funding Manager, be congratulated on the amount of external funding that she had managed to obtain for the Council.

EG

(b) Under Performing Indicators 4.6 Members noted the reasons and explanations why the Indicators reported

under this sub-heading were not performing according to their targets.

4.7 ENPCD07 Percentage of Young people participating in ENC leisure and

Cultural Activities – the Panel noted that although performance had improved over the summer period, it would probably remain underperforming owing to seasonal changes and because there was no longer a Children and Young Person’s Co-ordinator. In view of this, it was agreed to monitor the performance of this measure.

EG

4.8 ENPL26 Percentage of Standard Local Authority Searches Carried Out in 5

Days – Members noted the second quarter performance and discussed the five day deadline. The impact of staffing issues on performance was noted.

4.9 ENOD22 Percentage of Employees Who Receive an Annual PDR

(September) and an Interim PDR (March) - it was noted that although most PDR meetings had taken place, the final steps for sign-off had not been completed in most cases by the deadline. It was expected that the performance for the interim PDRs in March 2010 would show an improvement because the process should be quicker and would no longer be new to staff.

(c) Other Indicators 4.10 The indicators performing within tolerance; missing target and missing value

were submitted for information and these were noted by the Panel.

4.11 ENICT22 Percentage of Transactions Available Online and ENICT21

Percentage of Services Identified as Appropriate, Online and Available – Members noted that the second quarter results were missing owing to staff absence. Members asked that in future, deputies be able to calculate performance measures in the absence of the lead officer.

(d) Performance Compared with other Rural Authorities 2008/09 4.12 The Panel received and noted the benchmarking figures provided by SPARSE

comparing the Council’s performance with other similar rural authorities.


ACTION 5. DATES OF FUTURE MEETINGS 5.1 It was noted that the next meeting of the Panel would be held on Thursday 25

February 2010 in the Members’ Room at 7.30pm. ALL

Policy and Resources Committee – 9 December 2009 Page 319

POLICY & RESOURCES COMMITTEE Date: 9 December 2009 Venue: East Northamptonshire House, Cedar Drive, Thrapston Time: 7.30 pm Present: Councillors:-

Robin Underwood (Chairman) Wendy Brackenbury (Vice-Chairman) Andy Mercer (Leader of the Council)

Albert Campbell Sylvia Hughes Roger Glithero Steven North Philip Hardcastle John Richardson MBE Glenn Harwood MBE

PART A ITEMS 267. MINUTES The minutes of the meeting held on 9 November 2009 were approved and signed by the Chairman, subject to the last sentence of the preamble in minute 228 (Brookside, Glapthorn Road Improvement Project) being included as a second part of the resolution. 268. APOLOGIES Councillors David Brackenbury, Pauline Bradberry JP, Lisa Costello, Richard Lewis and Anna Sauntson sent their apologies. 269. DECLARATIONS OF INTEREST Councillor Andy Mercer declared a personal interest in item 9 (Proposals for Changes to Cash and Cheque Payment Arrangements) as he supplied appropriate software to local authorities. 270. QUESTIONS BY MEMBERS UNDER COUNCIL PROCEDURE RULE 10.3 There were no questions. 271. MINUTES OF SUB-COMMITTEE AND WORKING PARTY MEETINGS The minutes of the meeting of the Policy & Resources Licensing Panel held on 3 November 2009 were received and noted. As set out in Appendix 7 at pages 379 to 380.


272. STANWICK VILLAGE HALL

This item was withdrawn from the agenda. 273. FEES AND CHARGES - VAT INCREASE – 2009/10 CHARGES Further to minute 262 (8 December 2008) a report was submitted seeking an increase in VAT on the Council’s fees and charges from 15% to 17.5% again from 1 January 2010 in line with the Chancellor of the Exchequer’s revision. The change would not apply to fees and charges -

• Where the fee is stated as VAT inclusive.

• Where the fee is a round amount usually collected in cash.

• For merchandise sales where the administration of re-pricing outweighs the benefits of doing so.

RESOLVED:

That fees and charges for 2009/10, with the exception of those listed above, be adjusted to take into consideration the revised rate of VAT applicable from 1 January 2010, and that the Chief Finance Officer be authorised to revise the fees and charges in the event of any further changes to the rate of VAT.

274. PROPOSALS FOR CHANGES TO CASH AND CHEQUE PAYMENT

ARRANGEMENTS

The Executive Directors outlined the benefits to both customers and the Council of diverting cash and cheque payments from current in house collection through alternative methods. Currently, cash payments accounted for 6% of all customer payments and cheque payments 8%, and the bank charges associated with the processing of these payments were estimated at £11,000 and £15,000 respectively. Over 70% of the transactions related to Council tax and National Non-Domestic Rates (NDDR).

It was considered that savings could be made by reducing the overall volume of payments made by cash and cheque, and then by channelling the remaining cash or cheque payments away from payment at Council venues to alternatives such as banks and post offices. The following measures were proposed in relation to 2010/11 and 2011/12, mainly relating to Council Tax/NNDR:-

• Targeted Telephone/Postal Direct Debit Take Up campaign run by Customer Services (using MOSAIC data to target appropriate route for each household) to be run between mid December 2009 and February 2010, to increase direct debit take up to 80% (which represents 76% of all payments).

• For those who decline to take up direct debit, Bank Giro Credit slips would be produced together with information on where to find the Barclays Bank branches where these could be paid in for free (with a warning that other outlets might charge). This would build on the recent change of behaviour from posting cheques to the Council to paying in at banks during the postal strike.

• No cash would be taken at any Council venue from 15 March 2010 – alternative payment arrangements would be available for cash and cheques at other outlets and cheques or card payments for services at Council Offices.


• Exception to be made for Concessionary Fare Road shows for 2010/11 only to take cash (no additional cost to the Council under the current cash and cheque collection contract)

• Repeat of the Take-Up campaign for 2011/12 followed by a review in January 2011 as to when cheque payments should be stopped.

• Review of the cash and cheque collection contract in May 2011 and the staff costs associated with the processing of cheque and cash payments, with scope for higher savings in 2012/13.

• Amend the Fees and Charges requirements for all Council services (not just Council Tax and NNDR related payments as at present) to pass on to the customer the handling charge of 1.8-2.3% for payments by credit card.

It was RESOLVED:

That, in order to divert customers away from cash and cheque payment at Council venues over the next two years, the actions outlined above be implemented.

275. DRAFT TOURISM POLICY – APPROVAL FOR CONSULTATION Members considered a paper from the Executive Directors introducing a draft Tourism Strategy to complement and support the Economic Development Strategy agreed earlier this year. It recognised the importance and potential of tourism within the local economy and provided for a sustainable focus for development over the next five years. The paper drew attention to the possibility that some or all of the features that were cherished about the area (such as shops or pubs or the character of the landscape) would be lost if the Council did not promote tourism. A coherent vision for tourism was needed to ensure that all Council policies - from planning to grant-aid support for tourism - acted in a holistic manner to avoid decisions unnecessarily and adversely impacting on local communities and the local economy. The draft strategy – produced by a multi-disciplinary officer team with input from some Members – proposed a three stage approach under the following heads:

• A Taste of the Country (2009-11)

• The Green and Blue (River Nene) Ways – Active Enjoyment of East Northamptonshire (2011-2015) and

• Review and Expand promotion beyond sub region (2015-2020). Members noted the implications for 2010/11 in relation to the Oundle Customer Services Centre/TIC function; policies and grants; and promoting the availability of Rural Development Plan funding for tourism related businesses in the area, and the need to secure some of this funding for development of the Green and Blue Ways. RESOLVED: That the draft Tourism Policy be approved for stakeholder consultation.


276. EAST NORTHAMPTONSHIRE COUNCIL AND BOROUGH COUNCIL OF WELLINGBOROUGH ICT STRATEGY

The Committee considered the ICT Strategy for the Shared Service between this Council and the Borough Council of Wellingborough, as submitted by the Head of ICT. The ICT Shared Service had begun on 1 April 2008 and had been regarded as successful and had delivered a number of savings for both authorities. Currently the ICT Executive Board was the main consultation body for the ICT Strategy. Following any further consultation, a joint prioritised action plan would be created and attached to the strategy. The action plan would be the main delivery method for the strategy with each outcome added to the ICT Service Plans. A detailed action plan would be created independently by both Councils, jointly agreed by the ICT Executive Board, and then form the main part of the ICT programme plan. RESOLVED:

That, subject to the following minor changes, the Joint ICT Strategy for the Shared Service be approved and adopted:- Para. 3.1 – the insertion of the word “digital” between the word “of” and “databases” in the first bullet point of Policy Para. 4.3 – heading to read “Improved technologies for Members”.

277. LOCAL ASSET BACKED VEHICLE (LABV) Further to minute 134 (14 September 2009), the Chief Finance Officer reported following the Members’ Workshop held on 12 November. Members again considered this matter – which was designed to generate investment to deliver projects in the town centres, particularly Rushden, and on other sites in the Council’s ownership - and had before them the report submitted to the meeting on 13 July 2009. The Committee did not feel that it was appropriate for the Council to proceed with the creation of a LABV, but favoured the setting up of a small Member Working Group to examine various options. RESOLVED:

That a small Working Group of Members be formed to examine ways of working in partnership to deliver projects to regenerate town centres in the District, and submit appropriate proposals to the Committee.

278. EAST NORTHAMPTONSHIRE GREENWAY PROJECT Further to minute 179 (12 October 2009), Members considered a report from the Head of Planning Services giving details of progress on the above project and seeking early release of part of the Council's agreed contribution to enable the project to continue. Officers had been advised that it was necessary to provide a 3 metre wide path along the route’s length. Whilst for the less urban parts of the route this could be accommodated, the revised width created particular difficulties along John Clarke Way, Rushden.


The project team had hitherto been working on the basis of a 2.5 metre path width. If the full 3 metre width could not be provided the whole of the anticipated Links to Schools funding may be lost. The Leader of the Council and the Head of Planning Services reported on meetings which had been held since the despatch of the report, and it was noted that two options were being considered. Members expressed concern at the new requirement and it was felt that a further report should be made to the next meeting of the Committee. RESOLVED:

(1) That up to £20,000 of the Council’s contribution be released to fund the continued work to resolve the footpath width issue affecting John Clarke Way to secure the full Links to Schools contribution.

(2) That subject to agreement, the contribution subsequently be recouped from the

Links to Schools funding and only re-released when all other project funding has been secured.

(3) That a more detailed report be presented to the next meeting. 279. IRTHLINGBOROUGH CONSERVATION AREA REVIEW Further to minute 224 of the last meeting, it was reported that a workshop of Irthlingborough Members had now been held and the Committee again considered revised proposals for the designation of the Irthlingborough Conservation Area. RESOLVED

That approval be given to the revised proposals to designate the Irthlingborough Conservation Area in accordance with the documents submitted to the Committee.

PART B ITEMS 280. TAXBASE 2010/11 Consideration was given to the estimated taxbase to be used for calculating the Council Tax for 2010/11. Members noted that the target for collection of council tax – of 99.2% - was still the highest in the County. The Committee thanked the Officers for this achievement.

R.6 RESOLVED TO RECOMMEND:

That the Council determine a taxbase of 30,100 for 2010/11, as set out in Appendices 1 and 2 at pages 326 to 327.

281. GAMBLING POLICY STATEMENT AND CASINO RESOLUTION The Committee considered the report of the Commercial Health Manager indicating that the Gambling Act 2005 required each Local Authority to review, consult on and publish a statement of its licensing policy every three years and make a resolution on its approach to


casinos. The statement had to set out the principles the authority proposed to apply in order to fulfil its responsibilities under the legislation. Members considered a reviewed policy statement, produced by Daventry District Council on behalf of the seven councils in Northamptonshire. The policy document had changed in layout since the last revision based on the latest template produced by the Gambling Commission and LACORs, but the content was in essence the same as the previous policy.


(1) That the Statement of Licensing Policy, as set out in Appendix 3, be adopted and published.

(2) That the option not to pass a casino resolution be chosen as the Council’s option under Section 166 of the Gambling Act 2005 and published within the Statement of Licensing Policy.

282. DRAFT SINGLE EQUALITIES SCHEME – APPROVAL FOR CONSULTATION

The report of Policy & Performance Manager, with a draft Single Equalities Scheme, was considered. This combined various requirements; in order to be compliant with current equalities legislation, the Council was required to have an up to date Race Equality Scheme, Gender Equality Scheme and Disability Equality Scheme. The Single Equalities Bill (currently going through Parliament and due to come into effect in April 2011) also required that the other equalities strands (Age, Religion/Belief and Sexual Orientation) were covered. The general Equality Duty would require the Council to have due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct prohibited under the Bill, advance equality of opportunity and foster good relations across all six equalities strands. The evidence base suggested that social exclusion and rural isolation were also issues that should be considered as important for East Northamptonshire in terms of how easy people found it to access Council services and enjoy a good quality of life. One of the 16 equality outcomes was “strong community leadership on equalities issues” and it was proposed to identify a Councillor champion for equalities. The Leader of the Council put forward the name of Councillor Pauline Bradberry. It was agreed, under the Committee’s delegated powers –

That the Draft Single Equality Scheme, as submitted, be approved for public consultation.

It was further


That Councillor Pauline Bradberry be appointed as the Council’s Equalities Champion.


283. CONSTITUTIONAL & PROCEDURAL CHANGES The Committee considered a joint report from the Democratic Services Manager and Development Control Manager on changes to the Council’s Constitution and Procedures, following consideration by the Constitutional Review Group and Development Control Committee and with endorsement by the Scrutiny Committee on 7 December 2009 subject to some minor changes to Part 5.4 of the Constitution. The proposals for changes and improvements covered –

• Member access to confidential papers • Ability for Members not serving on particular Committees and Sub-Committees to

remain in meetings after the exclusion of the public • Determination of Licensing matters (non liquor and gambling) and conservation area

adoptions and reviews • Protocol for Involving Members in Pre-application discussions, (and other documents

identified in the Development Control Improvement Plan – Development Control Charter; Enforcement Policy; Major Application Protocol).

The Committee agreed, under its delegated powers, that the documents identified in the Development Control Improvement Plan should be approved for publication. However, the changes to the Constitution would require full Council approval. The Committee endorsed these changes and it was


The proposed changes to the Council’s Constitution shown in Appendices 4 and 5, (incorporating the minor amendments suggested by the Scrutiny Committee) and the changes to the Terms of Reference of the Planning Policy Committee and Licensing and Taxi Panels shown in Appendix 6, be approved.

Chairman


Appendix 1

Estimated Taxbase 2010/11

BAND Band A Disabled A B C D E F G H TOTAL

Dwellings 9134 10048 5818 4773 3533 2183 1308 128 36925

Exemptions 389 199 149 109 74 63 31 0 1014

Disabled Relief 12 29 26 26 26 27 15 5 166

Disabled Relief 12 29 26 26 26 27 15 5 166

Chargeable Dwellings 12 8762 9846 5669 4664 3460 2108 1267 123 35911

Discounts - Single 4174 3373 1544 907 506 255 136 6 10901

Discounts - Disregard 262 179 100 66 58 39 45 11 760

Dwellings - no discount 12 4326 6294 4025 3691 2896 1814 1086 106 24250

Other adjustments 75 75

Total equivalent dwellings 12 7587.5 8913.25 5233 4479.25 3304.5 2024.75 1210.5 116 32880.75

5/9 6/9 7/9 8/9 1 11/9 13/9 15/9 18/9

BAND D EQUIVALENTS 8 5058.333 6932.528 4651.556 4479.25 4038.833 2924.63889 2017.5 232 30342.64

Total Band D 30,343

Collection Rate 0.992

Tax Base 30,100


Appendix 2 - Estimated Parish Tax Base 2009/10

Parish Taxbase Parish Taxbase

Aldwincle 158 Stoke Doyle 34

Apethorpe 95 Sudborough 103

Ashton 98 Tansor 96

Barnwell 175 Thorpe Achurch 76

Benefield 160 Thrapston 2058

Blatherwycke 29 Thurning 46

Brigstock 537 Titchmarsh 242

Bulwick 78 Twywell 78

Chelveston 157 Wadenhoe 60

Clopton 59 Wakerley 40

Collyweston 224 Warmington 413

Cotterstock 81 Woodford 497

Deene 27 Woodnewton 228

Deenethorpe 61 Yarwell 138

Denford 129

Duddington 79 Total Taxbase 30,100

Easton-on-the-Hill 435

Fineshade 17

Fotheringhay 70

Glapthorn 131

Great Addington 137

Hargrave 117

Harringworth 130

Hemington 43

Higham Ferrers 2725

Irthlingborough 2669

Islip 298

King's Cliffe 488

Laxton 63

Lilford-cum-Wigsthorpe 49

Little Addington 133

Lowick 130

Luddington 27

Lutton 52

Nassington 312

Newton Bromswold 27

Oundle 1988

Pilton 28

Polebrook 195

Raunds 2752

Stanwick 695

Ringstead 502

Rushden 9553

Southwick 78


Appendix 3 (Statement of Gambling Policy)

NORTHAMPTONSHIRE

Statement of Principles Gambling Act 2005

Produced in partnership with:

This Statement of Principles was approved by [x Council] on [date]

All references to the Guidance refer to the Gambling Commission's Guidance to Licensing Authorities, 3rd Edition, published May 2009.

** Consultation Document **

Borough Council of Wellingborough

South

Northamptonshire

Council

Northamptonshire Police

Northamptonshire Fire and Rescue

Service


Northamptonshire Statement of Principles Gambling Act 2005

Contents

PART A ............................................................................................................................................330 1. The Licensing Objectives ...........................................................................................................330 2. Introduction ................................................................................................................................330 3. Declaration ..................................................................................................................................331 4. Responsible Authorities...............................................................................................................331 5. Interested parties.........................................................................................................................332 6. Exchange of Information ............................................................................................................332 7. Enforcement...............................................................................................................................333 8. Licensing authority functions .......................................................................................................334

PART B: PREMISES LICENCES (CONSIDERATION OF APPLICATIONS)...........335 1. General Principles .......................................................................................................................335 2. Adult Gaming Centres .................................................................................................................340 4. Casinos .......................................................................................................................................341 5. Bingo premises............................................................................................................................342 6. Betting premises..........................................................................................................................342 7. Tracks .........................................................................................................................................342 8. Travelling Fairs............................................................................................................................344 9. Provisional Statements................................................................................................................344 10. Reviews.....................................................................................................................................345

PART C: PERMITS / TEMPORARY & OCCASIONAL USE NOTICE ........................347 1. Unlicensed Family Entertainment Centre gaming machine permits (Statement of Principles on Permits - Schedule 10 paragraph 7)................................................................................................347 2. (Alcohol) Licensed premises gaming machine permits - (Schedule 13 paragraph 4(1))..............348 3. Prize Gaming Permits .................................................................................................................348 4. Club Gaming and Club Machines Permits...................................................................................349 5. Temporary Use Notices...............................................................................................................350 6. Occasional Use Notices ..............................................................................................................351

Appendix A: Details of Local Authority where Statement of Principles Published........................................................................................................................................352 Appendix B: List of Local Authorities and other Partners ........................................353 Appendix C: List of Consultees on the Statement of Principles ............................354 Appendix D: Casinos.................................................................................................................356


PART A

1. The Licensing Objectives 1.1 In exercising most of their functions under the Gambling Act 2005, licensing

authorities must have regard to the licensing objectives as set out in section 1 of the Act. The licensing objectives are:

� Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime

� Ensuring that gambling is conducted in a fair and open way � Protecting children and other vulnerable persons from being harmed or

exploited by gambling 1.2 It should be noted that the Gambling Commission has stated: “The requirement in

relation to children is explicitly to protect them from being harmed or exploited by gambling”.

1.3 This licensing authority is aware that, as per Section 153, in making decisions about

premises licences and temporary use notices it should aim to permit the use of premises for gambling in so far as it thinks it:

� in accordance with any relevant code of practice issued by the Gambling Commission

� in accordance with any relevant guidance issued by the Gambling Commission

� Reasonably consistent with the licensing objectives and � in accordance with the authority’s statement of principles

2. Introduction 2.1 The County of Northamptonshire contains 7 District Councils in total. The Councils are:

• Corby Borough Council

• Daventry District Council

• East Northamptonshire Council

• Kettering Borough Council

• Northampton Borough Council

• South Northamptonshire Council

• Borough Council of Wellingborough

For details and a map of your particular Council, see Appendix A. 2.1 Licensing authorities are required by the Gambling Act 2005 to publish a statement of

the principles which they propose to apply when exercising their functions. This statement must be published at least every three years. The statement must also be reviewed from “time to time” and any amended parts re-consulted upon. The statement must be then re-published.

2.2 The Council consulted widely upon this statement of principles before finalising and

publishing. A list of local authorities and partner organisations is given in Appendix B. A list of the persons we consulted is provided in Appendix C. It should be noted that unsolicited comments were received from other persons but we have not listed all of these.


2.3 The Gambling Act requires that the following parties are consulted by licensing authorities:

� The Chief Officer of Police; � One or more persons who appear to the authority to represent the interests of

persons carrying on gambling businesses in the authority’s area; � One or more persons who appear to the authority to represent the interests of

persons who are likely to be affected by the exercise of the authority’s functions under the Gambling Act 2005.

2.4 Our consultation took place between [x date and x date] and we followed the HM

Government Code of Practice on Consultation (published July 2008), which is available at:

http://www.berr.gov.uk/files/file47158.pdf

2.5 The full list of comments made and the consideration by the Council of those

comments is available by request to the contacts detailed in Appendix A. 2.6 The Statement of Principles was approved at a meeting of the Full Council on [X]

date and was published via our website on [x date]. Copies were placed in the public libraries of the area as well as being available in the Council Offices.

2.7 Should you have any comments as regards this principles statement please send

them via e-mail or letter to the contacts detailed in Appendix A. 2.8 It should be noted that this statement of principles will not override the right of any

person to make an application, make representations about an application, or apply for a review of a licence, as each will be considered on its own merits and according to the statutory requirements of the Gambling Act 2005.

3. Declaration 3.1 In producing the final statement, this licensing authority declares that it has had

regard to the licensing objectives of the Gambling Act 2005, the Guidance to Licensing Authorities issued by the Gambling Commission, and any responses from those consulted on the statement.

4. Responsible Authorities 4.1 The licensing authority is required by regulations to state the principles it will apply in

exercising its powers under Section 157(h) of the Act to designate, in writing, a body which is competent to advise the authority about the protection of children from harm. The principles are:

• the need for the body to be responsible for an area covering the whole of the licensing authority’s area; and

• the need for the body to be answerable to democratically elected persons, rather than any particular vested interest group.

4.1 In accordance with the suggestion in the Gambling Commission’s Guidance to

Licensing Authorities, this authority designates the Local Safeguarding Children Board for this purpose.

4.3 The contact details of all the Responsible Authorities under the Gambling Act 2005

are available via the Council’s website, see Appendix B.


5. Interested parties 5.1 Interested parties can make representations about licence applications, or apply for a

review of an existing licence. These parties are defined in the Gambling Act 2005 as follows: “For the purposes of this Part a person is an interested party in relation to an application for or in respect of a premises licence if, in the opinion of the licensing authority which issues the licence or to which the applications is made, the person-

a) lives sufficiently close to the premises to be likely to be affected by the authorised activities,

b) has business interests that might be affected by the authorised activities, or c) represents persons who satisfy paragraph (a) or (b)”

5.2 The licensing authority is required by regulations to state the principles it will apply in

exercising its powers under the Gambling Act 2005 to determine whether a person is an interested party. The principles are:

5.3 Each case will be decided upon its merits. This authority will not apply a rigid rule to

its decision making. It will consider the examples of considerations provided in the Gambling Commission’s Guidance to Licensing Authorities at 8.11 to 8.19. It will also consider the Gambling Commission's Guidance that "has business interests" should be given the widest possible interpretation and include partnerships, charities, faith groups and medical practices.

5.4 Interested parties can be persons who are democratically elected such as councillors

and MP’s. No specific evidence of being asked to represent an interested person will be required as long as the councillor / MP represents the ward likely to be affected. Likewise, parish councils likely to be affected will be considered to be interested parties. Other than these however, this authority will generally require written evidence that a person/body (e.g. an advocate / relative) ‘represents’ someone who either lives sufficiently close to the premises to be likely to be affected by the authorised activities and/or has business interests that might be affected by the authorised activities. A letter from one of these persons, requesting the representation is sufficient.

5.5 If individuals wish to approach councillors to ask them to represent their views then

care should be taken that the councillors are not part of the Licensing Committee dealing with the licence application. If there are any doubts then please contact the licensing department, see Appendix A for details.

6. Exchange of Information 6.1 Licensing authorities are required to include in their statements the principles to be

applied by the authority in exercising the functions under sections 29 and 30 of the Act with respect to the exchange of information between it and the Gambling Commission, and the functions under section 350 of the Act with the respect to the exchange of information between it and the other persons listed in Schedule 6 to the Act.

6.2 The principle that this licensing authority applies is that it will act in accordance with

the provisions of the Gambling Act 2005 in its exchange of information which includes the provision that the Data Protection Act 1998 will not be contravened. The licensing authority will also have regard to any Guidance issued by the Gambling Commission on this matter, as well as any relevant regulations issued by the Secretary of State under the powers provided in the Gambling Act 2005.


6.3 Should any protocols be established as regards information exchange with other bodies then they will be made available.

7. Enforcement 7.1 Licensing authorities are required by regulation under the Gambling Act 2005 to state

the principles to be applied by the authority in exercising the functions under Part 15 of the Act with respect to the inspection of premises; and the powers under section 346 of the Act to institute criminal proceedings in respect of the offences specified.

7.2 This licensing authority’s principles are that: It will be guided by the Gambling Commission’s Guidance to Licensing Authorities

and will endeavour to be:

• Proportionate: regulators should only intervene when necessary: remedies should be appropriate to the risk posed, and costs identified and minimised;

• Accountable: regulators must be able to justify decisions, and be subject to public scrutiny;

• Consistent: rules and standards must be joined up and implemented fairly;

• Transparent: regulators should be open, and keep regulations simple and user friendly; and

• Targeted: regulation should be focused on the problem, and minimise side effects.

7.3 As per the Gambling Commission’s Guidance to Licensing Authorities this licensing

authority will endeavour to avoid duplication with other regulatory regimes so far as possible.

7.4 This licensing authority has adopted and implemented a risk-based inspection

programme, based on;

• The licensing objectives

• Relevant codes of practice

• Guidance issued by the Gambling Commission, in particular at Part 36

• The principles set out in this statement of principles 7.5 The main enforcement and compliance role for this licensing authority in terms of the

Gambling Act 2005 is to ensure compliance with the premises licences and other permissions which it authorises. The Gambling Commission is the enforcement body for the operating and personal licences. It is also worth noting that concerns about manufacture, supply or repair of gaming machines are not dealt with by the licensing authority but should be notified to the Gambling Commission.

7.6 This licensing authority also keeps itself informed of developments as regards the

work of the Better Regulation Executive in its consideration of the regulatory functions of local authorities.

7.7 Bearing in mind the principle of transparency, this licensing authority’s

enforcement/compliance protocols/written agreements are available upon request to the licensing department, see Appendix A for details.


8. Licensing authority functions 8.1 Licensing authorities are required under the Act to:

• Be responsible for the licensing of premises where gambling activities are to take place by issuing Premises Licences

• Issue Provisional Statements

• Regulate members’ clubs and miners’ welfare institutes who wish to undertake certain gaming activities via issuing Club Gaming Permits and/or Club Machine Permits

• Issue Club Machine Permits to Commercial Clubs

• Grant permits for the use of certain lower stake gaming machines at unlicensed Family Entertainment Centres

• Receive notifications from alcohol licensed premises (under the Licensing Act 2003) for the use of two or fewer gaming machines

• Issue Licensed Premises Gaming Machine Permits for premises licensed to sell/supply alcohol for consumption on the licensed premises, under the Licensing Act 2003, where there are more than two machines

• Register small society lotteries below prescribed thresholds

• Issue Prize Gaming Permits

• Receive and Endorse Temporary Use Notices

• Receive Occasional Use Notices

• Provide information to the Gambling Commission regarding details of licences issued (see section above on ‘information exchange)

• Maintain registers of the permits and licences that are issued under these functions

8.2 It should be noted that licensing authorities are not be involved in licensing remote

gambling at all, which is regulated by the Gambling Commission via operating licences.


PART B: PREMISES LICENCES (CONSIDERATION OF APPLICATIONS)

1. General Principles 1.1 Premises licences are subject to the requirements set-out in the Gambling Act 2005

and regulations, as well as specific mandatory and default conditions which are detailed in regulations issued by the Secretary of State. Licensing authorities are able to exclude default conditions and also attach others, where it is believed to be appropriate.

(i) Decision-making 1.2 This licensing authority is aware that in making decisions about premises licences it

should aim to permit the use of premises for gambling in so far as it thinks it: � in accordance with any relevant code of practice issued by the Gambling

Commission; � in accordance with any relevant guidance issued by the Gambling

Commission; � reasonably consistent with the licensing objectives; and � in accordance with the authority’s statement of lprinciples.

1.3 It is appreciated that as per the Gambling Commission's Guidance to Licensing

Authorities "moral objections to gambling are not a valid reason to reject applications for premises licences" (except as regards any 'no casino resolution' - see section on Casinos - page 12) and also that unmet demand is not a criterion for a licensing authority.

(ii) Definition of “premises” 1.4 In the Act, "premises" is defined as including "any place". Section 152 therefore

prevents more than one premises licence applying to any place. But a single building could be subject to more than one premises licence, provided they are for different parts of the building and the different parts of the building can be reasonably regarded as being different premises. This approach has been taken to allow large, multiple unit premises such as a pleasure park, pier, track or shopping mall to obtain discrete premises licences, where appropriate safeguards are in place. However, licensing authorities should pay particular attention if there are issues about sub-divisions of a single building or plot and should ensure that mandatory conditions relating to access between premises are observed.

1.5 The Gambling Commission states in the third edition of its Guidance to Licensing

Authorities that: “In most cases the expectation is that a single building / plot will be the subject of an application for a licence, for example, 32 High Street. But, that does not mean 32 High Street cannot be the subject of separate premises licences for the basement and ground floor, if they are configured acceptably. Whether different parts of a building can properly be regarded as being separate premises will depend on the circumstances. The location of the premises will clearly be an important consideration and the suitability of the division is likely to be a matter for discussion between the operator and the licensing officer. However, the Commission does not consider that areas of a building that are artificially or temporarily separated, for example by ropes or moveable partitions, can properly be regarded as different premises.”

1.6 This licensing authority takes particular note of the Gambling Commission’s

Guidance to Licensing Authorities which states that: licensing authorities should take particular care in considering applications for multiple licences for a building and


those relating to a discrete part of a building used for other (non-gambling) purposes. In particular they should be aware of the following:

• The third licensing objective seeks to protect children from being harmed by gambling. In practice that means not only preventing them from taking part in gambling, but also preventing them from being in close proximity to gambling. Therefore premises should be configured so that children are not invited to participate in, have accidental access to or closely observe gambling where they are prohibited from participating.

• Entrances to and exits from parts of a building covered by one or more premises licences should be separate and identifiable so that the separation of different premises is not compromised and people do not “drift” into a gambling area. In this context it should normally be possible to access the premises without going through another licensed premises or premises with a permit.

• Customers should be able to participate in the activity names on the premises licence.

1.7 The Guidance also gives a list of factors which the licensing authority should be

aware of, which may include:

• Do the premises have a separate registration for business rates

• Is the premises’ neighbouring premises owned by the same person or someone else?

• Can each of the premises be accessed from the street or a public passageway?

• Can the premises only be accessed from any other gambling premises? 1.8 This authority will consider these and other relevant factors in making its decision,

depending on all the circumstances of the case.

The Gambling Commission’s relevant access provisions for each premises type are reproduced below:

Guidance to Licensing Authorities Paragraph 7.25:

Casinos

• The principal access entrance to the premises must be from a street (as defined at 7.23 of the Guidance)

• No entrance to a casino must be from premises that are used wholly or mainly by children and/or young persons

• No customer must be able to enter a casino directly from any other premises which holds a gambling premises licence

Adult Gaming Centre

• No customer must be able to access the premises directly from any other licensed gambling premises

Betting Shops

• Access must be from a street (as per para 7.23 Guidance to Licensing Authorities) or from another premises with a betting premises licence

• No direct access from a betting shop to another premises used for the retail sale of merchandise or services. In effect there cannot be an entrance to a betting shop from a shop of any kind and you could not have


a betting shop at the back of a café – the whole area would have to be licensed.

Tracks

• No customer should be able to access the premises directly from: - a casino - an adult gaming centre

Bingo Premises

• No customer must be able to access the premise directly from: - a casino - an adult gaming centre - a betting premises, other than a track

Family Entertainment Centre

• No customer must be able to access the premises directly from: - a casino

- an adult gaming centre - a betting premises, other than a track

1.9 Part 7 of the Gambling Commission’s Guidance to Licensing Authorities contains

further guidance on this issue, which this authority will also take into account in its decision-making.

(iii) Premises “ready for gambling” 1.10 The Guidance states that a licence to use premises for gambling should only be

issued in relation to premises that the licensing authority can be satisfied are going to be ready to be used for gambling in the reasonably near future, consistent with the scale of building or alterations required before the premises are brought into use.

1.11 If the construction of a premises is not yet complete, or if they need alteration, or if

the applicant does not yet have a right to occupy them, then an application for a provisional statement should be made instead.

1.12 In deciding whether a premises licence can be granted where there are outstanding

construction or alteration works at a premises, this authority will determine applications on their merits, applying a two stage consideration process:-

• First, whether the premises ought to be permitted to be used for gambling

• Second, whether appropriate conditions can be put in place to cater for the situation that the premises are not yet in the state in which they ought to be before gambling takes place.

1.13 Applicants should note that this authority is entitled to decide that it is appropriate to

grant a licence subject to conditions, but it is not obliged to grant such a licence. 1.14 More detailed examples of the circumstances in which such a licence may be

granted can be found at paragraphs 7.59-7.66 of the Guidance. (iv) Location 1.15 This licensing authority is aware that demand issues cannot be considered with

regard to the location of premises but that considerations in terms of the licensing objectives are relevant to its decision-making. As per the Gambling Commission’s Guidance to Licensing Authorities, this authority will pay particular attention to the


protection of children and vulnerable persons from being harmed or exploited by gambling, as well as issues of crime and disorder. Should any specific policy be decided upon as regards areas where gambling premises should not be located, this statement will be updated. It should be noted that any such policy does not preclude any application being made and each application will be decided on its merits, with the onus upon the applicant showing how potential concerns can be overcome.

(v) Planning 1.16 The Gambling Commission Guidance to Licensing Authorities states:

Paragraph 7.59 – In determining applications the licensing authority has a duty to take into consideration all relevant matters and not to take into consideration any irrelevant matters, i.e. those not related to gambling and the licensing objectives. One example of an irrelevant matter would be the likelihood of the applicant obtaining planning permission or building regulations approval for their proposal.

This authority will not take into account irrelevant matters as per the above guidance. In addition this authority notes the following excerpt from the Guidance: Paragraph 7.66 - When dealing with a premises licence application for finished buildings, the licensing authority should not take into account whether those buildings have or comply with the necessary planning or building consents. Those matters should be dealt with under relevant planning control and building regulation powers, and not form part of the consideration for the premises licence. Section 210 of the 2005 Act prevents licensing authorities taking into account the likelihood of the proposal by the applicant obtaining planning or building consent when considering a premises licence application. Equally the grant of a gambling premises licence does not prejudice or prevent any action that may be appropriate under the law relating to planning or building.

(vi) Duplication with other regulatory regimes 1.17 This licensing authority seeks to avoid any duplication with other statutory /

regulatory systems where possible, including planning. This authority will not consider whether a licence application is likely to be awarded planning permission or building regulations approval, in its consideration of it. It will though, listen to, and consider carefully, any concerns about conditions which are not able to be met by licensees due to planning restrictions, should such a situation arise.

1.18 When dealing with a premises licence application for finished buildings, this authority

will not take into account whether those buildings have to comply with the necessary planning or buildings consents. Fire or health and safety risks will not be taken into account, as these matters are dealt with under relevant planning control, buildings and other regulations and must not form part of the consideration for the premises licence.

1.19 Licensing objectives - Premises licences granted must be reasonably consistent

with the licensing objectives. With regard to these objectives, this licensing authority has considered the Gambling Commission’s Guidance to Licensing Authorities and some comments are made below.

1.20 Preventing gambling from being a source of crime or disorder, being

associated with crime or disorder or being used to support crime - This licensing authority is aware that the Gambling Commission takes a leading role in preventing gambling from being a source of crime. The Gambling Commission's Guidance does however envisage that licensing authorities should pay attention to the proposed location of gambling premises in terms of this licensing objective. Thus, where an area has known high levels of organised crime this authority will


consider carefully whether gambling premises are suitable to be located there and whether conditions may be suitable such as the provision of door supervisors. This licensing authority is aware of the distinction between disorder and nuisance and will consider factors (for example whether police assistance was required and how threatening the behaviour was to those who could see it) so as to make that distinction.

1.21 Ensuring that gambling is conducted in a fair and open way - This licensing

authority has noted that the Gambling Commission states that it generally does not expect licensing authorities to be concerned with ensuring that gambling is conducted in a fair and open way as this will be addressed via operating and personal licences. There is however, more of a role with regard to tracks which is explained in more detail in the 'tracks' section).

1.22 Protecting children and other vulnerable persons from being harmed or

exploited by gambling - This licensing authority has noted the Gambling Commission's Guidance that this objective means preventing children from taking part in gambling (as well as restriction of advertising so that gambling products are not aimed at or are, particularly attractive to children). The licensing authority will therefore consider, as suggested in the Gambling Commission's Guidance, whether specific measures are required at particular premises, with regard to this licensing objective. Appropriate measures may include supervision of entrances / machines, segregation of areas etc.

1.23 This licensing authority is also aware of the Gambling Commission Codes of Practice

as regards this licensing objective, in relation to specific premises. 1.24 As regards the term “vulnerable persons” it is noted that the Gambling Commission

does not seek to offer a definition but states that “it will for regulatory purposes assume that this group includes people who gamble more than they want to; people who gambling beyond their means; and people who may not be able to make informed or balanced decisions about gambling due to a mental impairment, alcohol or drugs.” This licensing authority will consider this licensing objective on a case by case basis.

1.25 Conditions - Any conditions attached to licences will be proportionate and will be:

• relevant to the need to make the proposed building suitable as a gambling facility;

• directly related to the premises and the type of licence applied for;

• fairly and reasonably related to the scale and type of premises; and

• reasonable in all other respects. 1.26 Decisions upon individual conditions will be made on a case by case basis, although

there will be a number of measures this licensing authority will consider utilising should there be a perceived need, such as the use of supervisors, appropriate signage for adult only areas etc. There are specific comments made in this regard under some of the licence types below. This licensing authority will also expect the licence applicant to offer his/her own suggestions as to way in which the licensing objectives can be met effectively.

1.27 This licensing authority will also consider specific measures which may be required

for buildings which are subject to multiple premises licences. Such measures may include the supervision of entrances; segregation of gambling from non-gambling areas frequented by children; and the supervision of gaming machines in non-adult


gambling specific premises in order to pursue the licensing objectives. These matters are in accordance with the Gambling Commission's Guidance.

1.28 This authority will also ensure that where category C or above machines are on offer

in premises to which children are admitted:

• all such machines are located in an area of the premises which is separated from the remainder of the premises by a physical barrier which is effective to prevent access other than through a designated entrance;

• only adults are admitted to the area where these machines are located;

• access to the area where the machines are located is supervised;

• the area where these machines are located is arranged so that it can be observed by the staff or the licence holder; and

• at the entrance to and inside any such areas there are prominently displayed notices indicating that access to the area is prohibited to persons under 18.

These considerations will apply to premises including buildings where multiple premises licences are applicable.

1.29 This licensing authority is aware that tracks may be subject to one or more than one

premises licence, provided each licence relates to a specified area of the track. As per the Gambling Commission's Guidance, this licensing authority will consider the impact upon the third licensing objective and the need to ensure that entrances to each type of premises are distinct and that children are excluded from gambling areas where they are not permitted to enter.

1.30 It is noted that there are conditions which the licensing authority cannot attach to

premises licences which are:

• any condition on the premises licence which makes it impossible to comply with an operating licence condition;

• conditions relating to gaming machine categories, numbers, or method of operation;

• conditions which provide that membership of a club or body be required (the Gambling Act 2005 specifically removes the membership requirement for casino and bingo clubs and this provision prevents it being reinstated; and

• conditions in relation to stakes, fees, winning or prizes. 1.31 Door Supervisors - The Gambling Commission advises in its Guidance to Licensing

Authorities that if a licensing authority is concerned that a premises may attract disorder or be subject to attempts at unauthorised access (for example by children and young persons) then it may require that the entrances to the premises are controlled by a door supervisor, and is entitled to impose a premises licence to this effect.

1.32 Where it is decided that supervision of entrances/machines is appropriate for

particular cases, a consideration of whether these need to be SIA licensed or not will be necessary. It will not be automatically assumed that they need to be licensed, as the statutory requirements for different types of premises vary (as per the Guidance, Part 33).

2. Adult Gaming Centres 2.1 This licensing authority will specifically have regard to the need to protect children

and vulnerable persons from harm or being exploited by gambling and will expect the applicant to satisfy the authority that there will be sufficient measures to, for example, ensure that under 18 year olds do not have access to the premises.


2.2 This licensing authority may consider measures to meet the licensing objectives such as:

• Proof of age schemes

• CCTV

• Supervision of entrances / machine areas

• Physical separation of areas

• Location of entry

• Notices / signage

• Specific opening hours

• Self-exclusion schemes

• Provision of information leaflets / helpline numbers for organisations such as GamCare.

This list is not mandatory, nor exhaustive, and is merely indicative of example measures.

3. (Licensed) Family Entertainment Centres 3.1 This licensing authority will specifically have regard to the need to protect children

and vulnerable persons from harm or being exploited by gambling and will expect the applicant to satisfy the authority, for example, that there will be sufficient measures to ensure that under 18 year olds do not have access to the adult only gaming machine areas.

3.2 This licensing authority may consider measures to meet the licensing objectives such

as:

• CCTV







• Provision of information leaflets / helpline numbers for organisations such as GamCare.

• Measures / training for staff on how to deal with suspected truant school children on the premises


3.3 This licensing authority will, as per the Gambling Commission’s guidance, refer to the

Commission’s website to see any conditions that apply to operating licences covering the way in which the area containing the category C machines should be delineated. This licensing authority will also make itself aware of any mandatory or default conditions on these premises licences, when they have been published.

4. Casinos 4.1 Only one local authority in Northamptonshire has casinos in its area. As the others

have varying resolutions regarding the provision of casinos, the details pertaining to this Council are given in Appendix D.


5. Bingo premises 5.1 This licensing authority notes that the Gambling Commission’s Guidance states:

Paragraph 18.4 Licensing authorities will need to satisfy themselves that bingo can be played in any bingo premises for which they issue a premises licence. This will be a relevant consideration where the operator of an existing bingo premises applies to vary their licence to exclude an area of the existing premises from its ambit and then applies for a new premises licence, or multiple licences, for that or those excluded areas.

5.2 This authority also notes the Guidance at paragraph 18.8 regarding the unusual

circumstances in which the splitting of a pre-existing premises into two adjacent premises might be permitted, and in particular that it is not permissible to locate sixteen category B3 gaming machines in one of the resulting premises, as the gaming machine entitlement for that premises would be exceeded.

5.3 Paragraph 18.7 Children and young people are allowed into bingo premises;

however they are not permitted to participate in the bingo and if category B or C machines are made available for use these must be separated from areas where children and young people are allowed.

6. Betting premises 6.1 Betting machines - This licensing authority will, as per the Gambling Commission's

Guidance, take into account the size of the premises, the number of counter positions available for person-to-person transactions, and the ability of staff to monitor the use of the machines by children and young persons (it is an offence for those under 18 to bet) or by vulnerable people, when considering the number/nature/circumstances of betting machines an operator wants to offer.

7. Tracks 7.1 This licensing authority is aware that tracks may be subject to one or more than one

premises licence, provided each licence relates to a specified area of the track. As per the Gambling Commission's Guidance, this licensing authority will especially consider the impact upon the third licensing objective (i.e. the protection of children and vulnerable persons from being harmed or exploited by gambling) and the need to ensure that entrances to each type of premises are distinct and that children are excluded from gambling areas where they are not permitted to enter.

7.2 This authority will therefore expect the premises licence applicant to demonstrate

suitable measures to ensure that children do not have access to adult only gaming facilities. It is noted that children and young persons will be permitted to enter track areas where facilities for betting are provided on days when dog-racing and/or horse racing takes place, but that they are still prevented from entering areas where gaming machines (other than category D machines) are provided.

7.3 This licensing authority may consider measures to meet the licensing objectives such

as:

• Proof of age schemes

• CCTV








• Provision of information leaflets / helpline numbers for organisations such as GamCare


7.4 Gaming machines - Where the applicant holds a pool betting operating licence and is going to use the entitlement to four gaming machines, machines (other than category D machines) should be located in areas from which children are excluded.

7.5 Betting machines - This licensing authority will, as per Part 6 of the Gambling

Commission's Guidance, take into account the size of the premises and the ability of staff to monitor the use of the machines by children and young persons (it is an offence for those under 18 to bet) or by vulnerable people, when considering the number/nature/circumstances of betting machines an operator proposes to offer.

Applications and plans 7.6 The Gambling Act (s51) requires applicants to submit plans of the premises with their

application, in order to ensure that the licensing authority has the necessary information to make an informed judgement about whether the premises are fit for gambling. The plan will also be used for the licensing authority to plan future premises inspection activity. (See Guidance to Licensing Authorities, para 20.28).

7.7 Plans for tracks do not need to be in a particular scale, but should be drawn to scale

and should be sufficiently detailed to include the information required by regulations. (See Guidance to Licensing Authorities, para 20.29).

7.8 Some tracks may be situated on agricultural land where the perimeter is not defined

by virtue of an outer wall or fence, such as point-to-point racetracks. In such instances, where an entry fee is levied, track premises licence holders may erect temporary structures to restrict access to premises (See Guidance to Licensing Authorities, para 20.31).

7.9 In the rare cases where the outer perimeter cannot be defined, it is likely that the

track in question will not be specifically designed for the frequent holding of sporting events or races. In such cases betting facilities may be better provided through occasional use notices where the boundary premises do not need to be defined. (See Guidance to Licensing Authorities, para 20.32).

7.10 This authority appreciates that it is sometimes difficult to define the precise location

of betting areas on tracks. The precise location of where betting facilities are provided is not required to be shown on track plans, both by virtue of the fact that betting is permitted anywhere on the premises and because of the difficulties associated with pinpointing exact locations for some types of track. Applicants should provide sufficient information that this authority can satisfy itself that the plan indicates the main areas where betting might take place. For racecourses in particular, any betting areas subject to the “five times rule” (commonly known as betting rings) must be indicated on the plan. (See Guidance to Licensing Authorities, para 20.33).


8. Travelling Fairs 8.1 This licensing authority is responsible for deciding whether, where category D

machines and / or equal chance prize gaming without a permit is to be made available for use at travelling fairs, the statutory requirement that the facilities for gambling amount to no more than an ancillary amusement at the fair is met.

8.2 The licensing authority will also consider whether the applicant falls within the

statutory definition of a travelling fair. 8.3 It is noted that the 27-day statutory maximum for the land being used as a fair applies

on a per calendar year basis, and that it applies to the piece of land on which the fairs are held, regardless of whether it is the same or different travelling fairs occupying the land. This licensing authority will work with its neighbouring authorities to ensure that land which crosses our boundaries is monitored so that the statutory limits are not exceeded.

9. Provisional Statements 9.1 Developers may wish to apply to this authority for provisional statements before

entering into a contract to buy or lease property or land to judge whether a development is worth taking forward in light of the need to obtain a premises licence. There is no need for the applicant to hold an operating licence in order to apply for a provisional statement.

9.2 S204 of the Gambling Act provides for a person to make an application to the

licensing authority for a provisional statement in respect of premises that he or she: - expects to be constructed; -expects to be altered; or -expects to acquire a right to occupy.

9.3 The process for considering an application for a provisional statement is the same as

that for a premises licence application. The applicant is obliged to give notice of the application in the same way as applying for a premises licence. Responsible authorities and interested parties may make representations and there are rights of appeal.

9.4 In contrast to the premises licence application, the applicant does not have to hold or

have applied for an operating licence from the Gambling Commission (except in the case of a track) and they do not have to have a right to occupy the premises in respect of which their provisional application is made.

9.5 The holder of a provisional statement may then apply for a premises licence once the

premises are constructed, altered or acquired. The licensing authority will be constrained in the matters it can consider when determining the premises licence application, and in terms of representations about premises licence applications that follow the grant of a provisional statement, no further representations from relevant authorities or interested parties can be taken into account unless:

• they concern matters which could not have been addressed at the provisional statement stage, or

• they reflect a change in the applicant’s circumstances. 9.6 In addition, the authority may refuse the premises licence (or grant it on terms

different to those attached to the provisional statement) only by reference to matters:

• which could not have been raised by objectors at the provisional statement stage;


• which in the authority’s opinion reflect a change in the operator’s circumstances; or

• where the premises has not been constructed in accordance with the plan submitted with the application. This must be a substantial change to the plan and this licensing authority notes that it can discuss any concerns it has with the applicant before making a decision.

10. Reviews 10.1 Requests for a review of a premises licence can be made by interested parties or

responsible authorities; however, it is for the licensing authority to decide whether the review is to be carried-out. This will be on the basis of whether the request for the review is relevant to the matters listed below;

•••• in accordance with any relevant Code of Practice issued by the Gambling Commission;

•••• in accordance with any relevant guidance issued by the Gambling Commission;

•••• reasonably consistent with the licensing objectives; and

•••• in accordance with the authority’s statement of principles. 10.2 The request for the review will also be subject to the consideration by the authority as

to whether the request is frivolous, vexatious, or whether it will certainly not cause this authority to wish to alter/revoke/suspend the licence, or whether it is substantially the same as previous representations or requests for review.

10.3 The licensing authority can also initiate a review of a particular premises licence, or a

particular class of premises licence on the basis of any reason which it thinks is

appropriate. 10.4 Once a valid application for a review has been received by the licensing authority,

representations can be made by responsible authorities and interested parties during a 28 day period. This period begins 7 days after the application was received by the licensing authority, who will publish notice of the application within 7 days of receipt.

10.5 The licensing authority must carry out the review as soon as possible after the 28 day

period for making representations has passed. 10.6 The purpose of the review will be to determine whether the licensing authority should

take any action in relation to the licence. If action is justified, the options open to the licensing authority are:-

(a) add, remove or amend a licence condition imposed by the licensing authority; (b) exclude a default condition imposed by the Secretary of State or Scottish

Ministers (e.g. opening hours) or remove or amend such an exclusion; (c) suspend the premises licence for a period not exceeding three months; and (d) revoke the premises licence.

10.7 In determining what action, if any, should be taken following a review, the licensing

authority must have regard to the principles set out in section 153 of the Act, as well as any relevant representations.

10.8 In particular, the licensing authority may also initiate a review of a premises licence

on the grounds that a premises licence holder has not provided facilities for gambling at the premises. This is to prevent people from applying for licences in a speculative manner without intending to use them.


10.9 Once the review has been completed, the licensing authority must, as soon as possible, notify its decision to:

- the licence holder - the applicant for review (if any) - the Commission - any person who made representations - the chief officer of police or chief constable; and - Her Majesty’s Commissioners for Revenue and Customs


PART C: PERMITS / TEMPORARY & OCCASIONAL USE NOTICE

1. Unlicensed Family Entertainment Centre gaming machine permits (Statement of Principles on Permits - Schedule 10 paragraph 7) 1.1 Where a premises does not hold a premises licence but wishes to provide gaming

machines, it may apply to the licensing authority for this permit. It should be noted that the applicant must show that the premises will be wholly or mainly used for making gaming machines available for use (Section 238).

1.2 The Gambling Act 2005 states that a licensing authority may prepare a statement of

principles that they propose to consider in determining the suitability of an applicant for a permit and in preparing this statement, and/or considering applications, it need not (but may) have regard to the licensing objectives and shall have regard to any relevant guidance issued by the Commission under section 25. The Gambling Commission’s Guidance to Licensing Authorities also states: “In their three year licensing policy statement, licensing authorities may include a statement of principles that they propose to apply when exercising their functions in considering applications for permits…., licensing authorities will want to give weight to child protection issues." (Para 24.6)

1.3 Guidance also states: “...An application for a permit may be granted only if the licensing authority is satisfied that the premises will be used as an unlicensed FEC, and if the chief officer of police has been consulted on the application....Licensing authorities might wish to consider asking applications to demonstrate:

• a full understanding of the maximum stakes and prizes of the gambling that is permissible in unlicensed FECs;

• that the applicant has no relevant convictions (those that are set out in Schedule 7 of the Act; and

• that staff are trained to have a full understanding of the maximum stakes and prizes. (Para 24.7)

It should be noted that a licensing authority cannot attach conditions to this type of permit.

1.4 Statement of Principles This licensing authority will expect the applicant to show that

there are policies and procedures in place to protect children from harm. Harm in this context is not limited to harm from gambling but includes wider child protection considerations. The efficiency of such policies and procedures will each be considered on their merits, however, they may include appropriate measures / training for staff as regards suspected truant school children on the premises, measures / training covering how staff would deal with unsupervised very young children being on the premises, or children causing perceived problems on / around the premises. This licensing authority will also expect, as per Gambling Commission Guidance, that applicants demonstrate a full understanding of the maximum stakes and prizes of the gambling that is permissible in unlicensed FECs; that the applicant has no relevant convictions (those that are set out in Schedule 7 of the Act); and that staff are trained to have a full understanding of the maximum stakes and prizes.


2. (Alcohol) Licensed premises gaming machine permits - (Schedule 13 paragraph 4(1)) Automatic entitlement: 2 machines 2.1 There is provision in the Act for premises licensed to sell alcohol for consumption on

the premises to automatically have 2 gaming machines, of categories C and/or D. The premises merely need to notify the licensing authority.

2.2 The licensing authority can remove the automatic authorisation in respect of any

particular premises if:

• provision of the machines is not reasonably consistent with the pursuit of the licensing objectives;

• gaming has taken place on the premises that breaches a condition of section 282 of the Gambling Act (i.e. that written notice has been provided to the licensing authority, that a fee has been provided and that any relevant code of practice issued by the Gambling Commission about the location and operation of the machine has been complied with);

• the premises are mainly used for gaming; or

• an offence under the Gambling Act has been committed on the premises. Permit: 3 or more machines 2.3 If a premises wishes to have more than 2 machines, then it needs to apply for a

permit and the licensing authority must consider that application based upon the licensing objectives, any guidance issued by the Gambling Commission issued under Section 25 of the Gambling Act 2005, and “such matters as they think relevant.”

2.4 This licensing authority considers that “such matters” will be decided on a case by

case basis but generally there will be regard to the need to protect children and vulnerable persons from harmed or being exploited by gambling and will expect the applicant to satisfy the authority that there will be sufficient measures to ensure that under 18 year olds do not have access to the adult only gaming machines. Measures which will satisfy the authority that there will be no access may include the adult machines being in sight of the bar, or in the sight of staff who will monitor that the machines are not being used by those under 18. Notices and signage may also be help. As regards the protection of vulnerable persons, applicants may wish to consider the provision of information leaflets / helpline numbers for organisations such as GamCare.

2.5 It is recognised that some alcohol licensed premises may apply for a premises

licence for their non-alcohol licensed areas. Any such application would most likely need to be applied for, and dealt with as an Adult Gaming Centre premises licence.

2.6 It should be noted that the licensing authority can decide to grant the application with

a smaller number of machines and/or a different category of machines than that applied for. Conditions (other than these) cannot be attached.

2.7 It should also be noted that the holder of a permit must comply with any Code of

Practice issued by the Gambling Commission about the location and operation of the machine.

3. Prize Gaming Permits 3.1 The Gambling Act 2005 states that a licensing authority may “prepare a statement of

principles that they propose to apply in exercising their functions under this


Schedule” which “may, in particular, specify matters that the licensing authority proposes to consider in determining the suitability of the applicant for a permit”.

3.2 This Licensing Authority has not prepared a statement of principles. Should it decide

to do so it will include details in a revised version of the policy statement. 3.3 In making its decision on an application for this permit the licensing authority does

not need to (but may) have regard to the licensing objectives but must have regard to any Gambling Commission guidance. (Gambling Act 2005, Schedule 14 paragraph 8(3)).

3.4 It should be noted that there are conditions in the Gambling Act 2005 by which the

permit holder must comply, but that the licensing authority cannot attach conditions. The conditions in the Act are:

• the limits on participation fees, as set out in regulations, must be complied with;

• all chances to participate in the gaming must be allocated on the premises on which the gaming is taking place and on one day; the game must be played and completed on the day the chances are allocated; and the result of the game must be made public in the premises on the day that it is played;

• the prize for which the game is played must not exceed the amount set out in regulations (if a money prize), or the prescribed value (if non-monetary prize); and

• participation in the gaming must not entitle the player to take part in any other gambling.

4. Club Gaming and Club Machines Permits 4.1 Members Clubs and Miners’ welfare institutes (but not Commercial Clubs) may apply

for a Club Gaming Permit. The Club Gaming Permit will enable the premises to provide gaming machines (3 machines of categories B, C or D), equal chance gaming and games of chance as set-out in forthcoming regulations.

4.2 Members Clubs and Miner’s welfare institutes – and also Commercial Clubs – may apply for a Club Machine Permit. A Club Machine permit will enable the premises to provide gaming machines (3 machines of categories B, C or D). NB Commercial Clubs may not site category B3A gaming machines offering lottery games in their club.

4.3 Gambling Commission Guidance states: "Members clubs must have at least 25

members and be established and conducted “wholly or mainly” for purposes other than gaming, unless the gaming is permitted by separate regulations. The Secretary of State has made regulation and these cover bridge and whist clubs, which replicates the position under the Gambling Act 1968. A members’ club must be permanent in nature, not established to make commercial profit, and controlled by its members equally. Examples include working men’s clubs, branches of Royal British Legion and clubs with political affiliations."

4.4 The Commission Guidance also notes that "licensing authorities may only refuse an

application on the grounds that:


(a) the applicant does not fulfil the requirements for a members’ or commercial club or miners’ welfare institute and therefore is not entitled to receive the type of permit for which it has applied;

(b) the applicant’s premises are used wholly or mainly by children and/or young persons; (c) an offence under the Act or a breach of a permit has been committed by the

applicant while providing gaming facilities; (d) a permit held by the applicant has been cancelled in the previous ten years; or (e) an objection has been lodged by the Commission or the police. 4.5 There is also a ‘fast-track’ procedure available under the Act for premises which hold

a Club Premises Certificate under the Licensing Act 2003 (Schedule 12 paragraph 10). As the Gambling Commission’s Guidance to Licensing Authorities states: "Under the fast-track procedure there is no opportunity for objections to be made by the Commission or the police, and the ground upon which an authority can refuse a permit are reduced." and "The grounds on which an application under the process may be refused are:

(a) that the club is established primarily for gaming, other than gaming prescribed

under schedule 12; (b) that in addition to the prescribed gaming, the applicant provides facilities for

other gaming; or (c) that a club gaming permit or club machine permit issued to the applicant in

the last ten years has been cancelled." 4.6 There are statutory conditions on club gaming permits that no child uses a category

B or C machine on the premises and that the holder complies with any relevant provision of a code of practice about the location and operation of gaming machines.

5. Temporary Use Notices 5.1 Temporary Use Notices allow the use of premises for gambling where there is no

premises licence but where a gambling operator wishes to use the premises temporarily for providing facilities for gambling. Premises that might be suitable for a Temporary Use Notice, according the Gambling Commission, would include hotels, conference centres and sporting venues.

5.2 The licensing authority can only grant a Temporary Use Notice to a person or

company holding a relevant operating licence, i.e. a non-remote casino operating licence.

5.3 The Secretary of State has the power to determine what form of gambling can be

authorised by Temporary Use Notices, and at the time of writing this Statement the relevant regulations (SI no 3157: The Gambling Act 2005 (Temporary Use Notices) Regulations 2007) state that Temporary Use Notices can only be used to permit the provision of facilities or equal chance gaming, where the gaming is intended to produce a single winner, which in practice means poker tournaments.

5.4 There are a number of statutory limits as regards Temporary Use Notices. The

meaning of "premises" in Part 8 of the Act is discussed in Part 7 of the Gambling Commission Guidance to Licensing Authorities. As with "premises", the definition of "a set of premises" will be a question of fact in the particular circumstances of each notice that is given. In the Act "premises" is defined as including "any place". In considering whether a place falls within the definition of "a set of premises", the licensing authority needs to look at, amongst other things, the ownership/occupation and control of the premises.


5.5 This licensing authority expects to object to notices where it appears that their effect would be to permit regular gambling in a place that could be described as one set of premises, as recommended in the Gambling Commission’s Guidance to Licensing Authorities.

6. Occasional Use Notices 6.1 The licensing authority has very little discretion as regards these notices aside from

ensuring that the statutory limit of 8 days in a calendar year is not exceeded. This licensing authority will though consider the definition of a ‘track’ and whether the applicant is permitted to avail him/herself of the notice.


Appendix A: Details of Local Authority where Statement of Principles Published

This Statement of Principles has been produced on behalf of all seven Districts in Northamptonshire. The statement follows the format issued by LACORS and for consistency purposes the main document will be the same for all seven authorities. The guidance to local authorities issued by the Gambling Commission indicates that information relating to each local authority should be included in the statement. East Northamptonshire is a large rural district in the East Midlands made up of six towns and 55 villages with a population of 83,330 (estimated). For further information you can contact the Council’s Commercial Health Team on 01832 742057 or by writing to the Commercial Health Team at East Northamptonshire Council. East Northamptonshire House, Cedar Drive, Thrapston, Northamptonshire, NN14 4LZ. A copy of the policy can be viewed at the Council offices or obtained by emailing [email protected]. You can also view this policy on our website at www.east-northamptonshire.gov.uk.


Appendix B: List of Local Authorities and other Partners

Corby Borough Council Daventry District Council East Northamptonshire Council Deene House Council Offices East Northamptonshire House New Post Office Square Lodge Way Cedar Drive CORBY DAVENTRY THRAPSTON NN17 1GD NN11 4FP NN14 4LZ TEL: 01536 464242 TEL: 01327 871100 TEL: 01832 742057 FAX: 01536 464644 FAX: 01327 302540 FAX: 01832 734839 www.corby.gov.uk www.daventrydc.gov.uk www.east-northamptonshire.gov.uk Kettering Borough Council Northampton Borough Council South Northamptonshire Cuncil Council Offices The Guildhall Council Offices Bowling Green Road St Giles Square Springfields KETTERING Northampton TOWCESTER NN15 7QX NN1 1DE NN12 6AE TEL: 01536 410333 TEL: 01604 838000 TEL: 01327 322322 FAX: 01536 315118 FAX: 01604 838723 FAX: 01327 359946 www.kettering.gov.uk www.northampton.gov.uk www.southnorthants.gov.uk Borough Council of Wellingborough Child Protection H M Revenue & Customs Tithe Barn Road Local Safeguarding Children Board Derby DetectionTeam WELLINGBOROUGH Northamptonshire St James House NN8 1BL First Floor Mansfield Road Century House DERBY The Lakes

NORTHAMPTON NN4 7SJ DE1 3TU

TEL: 01933 231964 FAX: 01933 231980 TEL: 01604 654040 TEL: 01332 267402 www.wellingborough.gov.uk www.northamptonshire.gov.uk www.hmrc.gov.uk Northamptonshire Fire & Rescue Service

Northamptonshire Police Northamptonshire Police

The Inspection Team Manager Northamptonshire West Area Northamptonshire North Area Bolton House Western Area Commander Northern Area Commander Wootton Hall Park Campbell Square Corby Police Station NORTHAMPTON NN4 9BN The Mounts Elizabeth Street NORTHAMPTON NN1 3EL CORBY NN7 1SH TEL: 01604 797000 TEL: 08453 700 700 TEL: 08453 700 700 www.northantsfire.org.uk

www.northants.police.uk www.northants.police.uk


Appendix C: List of Consultees on the Statement of Principles

Chief Constable of Northamptonshire Police Wootton Hall Northampton NN4 0JQ

British Beer and Pub Association Market Towers 1 Nine Elms Lane London SW8 5NQ

Daventry and South Northants PCT Nene House Drayton Way Drayton Fields Industrial Estate Daventry NN11 8EA

The Chief Fire Officer Fire Service Headquarters Moulton Way Northampton NN3 6XJ

Bingo Association Lexham House 75 High Street North Dunstable Bedfordshire LU6 1JF

Northampton PCT Highfield Cliftonville Road Northampton NN1 5DN

Trading Standards Service Wootton Hall Park Northampton NN4 0GB

Casino Operators Association P O Box 55 Thorncombe Chard Somerset TA20 4YT

Northamptonshire Heartlands PCT Bevan House Kettering Parkway Kettering Venture Park Kettering NN15 6XR

Her Majesty’s Revenue & Customs Boundary House Cheadle Point Cheadle Cheshire SK8 2JZ

Internet Gambling Gaming and Betting Association Regency House 1-4 Warwick Street London W1B 5LT

East Northants Faith Group Rushden Full Gospel Church & Christian Centre 60 High Street South Rushden NN10 0QY

Responsibility in Gambling Trust First Floor Downstream Building 1 London Bridge London SE1 9BG

GamCare 2& 3 Baden Place Crosby Row London SE1 1YW

Northampton Youth Ministry Office Ker Anna Centre Aylesbury Road Princes Risborough Buckinghamshire HP27 0JN

British Casino Association 38 Grosvenor Gardens London SW1W 0EB

The Gordon House Association 114 Wellington Road Dudley West Midlands DY1 1UB

Archdeaconry of Northampton Westbrook 11 The Drive Northampton NN1 4RZ

BACTA King’s Cross House 211 King’s Cross Road London WC1X 9DN

Gamblers Anonymous P O Box 88 London SW10 0EU

Methodist Church Nene Valley Circuit Office Park Road Methodist Church Rushden NN10 0RW

Association of British Bookmakers Regency House 1-4 Warwick Street London W1B 5LT

Mencap 123 Golden Lane London EC1Y 0RT

Multi Faith Group Victoria Centre Palk Road Wellingborough

The Northamptonshire Millenium Volunteer Project University College Northampton Nene Centre for Children and Youth Room MY93 Avenue Campus St. George’s Avenue Northampton NN2 6JG

Northampton Citizens Advice Centre 72a St Giles Street Northampton NN1 1JW

Turner Coulston 29 Billing Road Northampton NN1 5DQ

Whizz-Kidz Elliott House 10-12 Allington Street London SW1E 5EH

Oundle Citizens Advice Centre Fletton House Glapthorn Road Oundle PE8 4JA

Vincent Sykes & Higham Montague House Chamcery Lane Thrapston

NSPCC Weston House 42 Curtain Road

Rushden Citizens Advice Centre Bakehouse Office 46 Duck Street

Wilson Browne Commercial Law Kettering Parkway Kettering Venture Park


London EC2A 3NH

Rushden NN10 9SD

Kettering NN15 6WN

NCH Eastern 1 Carisbrooke Court Buckingway Business Park Swavesey Cambridge CB4 5UG

Wellingborough Citizens Advice Centre 2b High Street Wellingborough NN8 4HR

Park Woodfine Solicitors 16 High Street Rushden NN10 0PR

Brackley Citizens Advice Centre 2 Bridge Street Brackley NN13

Borneo Hughes Martell 9 Notre Dame Mews Northampton NN1 2BG

Poppleston Allen (Nottingham) 37 Stoney Street The Lace Market Nottingham NG1 1LS

Corby Citizens Advice Centre Civic Centre Annex George Street Corby NN17 1QG

EMW Law Eleanor House Queens Office Park Northampton NN4 7JJ

R J Osborne & Co 59 Midland Road Wellingborough NN8 1HF

Daventry Citizens Advice Centre The Abbey Centre Abbey Street Daventry NN11 4BH

Frank Jones & Harley 87 St.Giles Street Northampton NN1 1UD

Alan Thompson 41 Winston Cliose Nether Heyford Northampton NN7 3JX

Kettering Citizens Advice Centre The Oasis Centre 10 Market Street Kettering NN16 0AH

Hardman & Co Solicitors 3 Albion Place Northampton NN1 1UD

John Birch 47 Staverton Road Daventry NN11 4EY

Market Harborough Citizens Advice Centre 11 St. Mary’s Road Markey Harborough LE16 7DS

MJK Law Plum Park Estate Paulerspury Towcester NN12 6LQ

licenza 2

nd Floor

119b Midland Road Bedford MK40 1DE

All Parish Councils in Northamptonshire All Licensed premises in Northamptonshire

All gambling premises in Northamptonshire


Appendix D: Casinos

Only one local authority in Northamptonshire has casinos in its area. The others have varying resolutions regarding the provision of casinos. [Insert local casino provisions]


APPENDIX 4 TO POLICY & RESOURCES COMMITTEE MINUTE 283

Proposed Changes to the Constitution – in italicised and deleted text Part 4.1 (Procedure Rules) 26. ATTENDANCE BY MEMBERS OF THE COUNCIL AT MEETINGS OF WHICH

THEY ARE NOT MEMBERS Members of the Council have equal rights, as members of the public, to attend

meetings of committees and sub-committees of the Council, of which they are not members. Members attend as observers and must sit in the public gallery separately from the committee or sub-committee and may not participate or vote in such meetings. This rule allows Members to remain after the press and public have been excluded from the meeting (provided that certain conditions are met (see paragraph 10.4 of Part 4.2 of this constitution).

Part 4.2 (Access to Information) 10. EXCLUSION OF ACCESS BY THE PUBLIC TO MEETINGS 10.1 Confidential information – requirement to exclude public

The public must be excluded from meetings whenever it is likely in view of the nature of the business to be transacted or the nature of the proceedings that confidential information would be disclosed.

Confidential information means information given to the Council by a Government

Department on terms which forbid its public disclosure or information which cannot be publicly disclosed by Court Order

10.2 Exempt information – discretion to exclude public

The public may be excluded from meetings whenever it is likely in view of the nature of the business to be transacted or the nature of the proceedings that exempt information would be disclosed. Where the meeting will determine any person’s civil rights or obligations, or where any decision taken at a meeting may adversely affect their possessions, Article 6 of the Human Rights Act 1998 establishes a presumption that the meeting will be held in public unless a private hearing is necessary for one of the reasons specified in Article 6.

10.3 Meaning of exempt information Exempt information means information falling within the ten categories set out in the

following table (subject to the qualification shown)

10.4 Meaning of “public”

(a) The definition does not include Members of the Council who do not serve on a particular committee or sub-committee. Rule 26 in Part 4.1 allows such Members to remain in meetings after the exclusion of the public provided that they -

• Do not have a prejudicial interest in the matter to be discussed, and


• Fully observe Parts 5.3 - Paragraph 5 (Member & Officer Relations – Confidentiality) and 5.6 of the constitution (Protocol for Members on Confidentiality).

(b) A meeting may conclude that any person, for example, a consultant or representative from a partner organisation, can remain in a meeting after the exclusion of the public to provide information or answer questions on a matter to be discussed. Once information has been given and the meeting is ready to take a decision, the person(s) shall leave the meeting before such decision is taken.

12. INFORMATION FOR MEMBERS

12.1 Members’ rights of access to information are set out in Part 5.3 of this constitution. 12.2 Committee agenda will be issued, for information, to all Members of the Council,

whether or not Members of the relevant committee. A report of decisions for Policy Committees* will be made available to all Members within three working days of the meeting.

* This change is proposed because a schedule of decisions is only circulated for Policy

Committee meetings 13. SCRUTINY COMMITTEE & AUDIT & RISK MANAGEMENT COMMITTEE

LIMIT ON RIGHTS

Members of the Scrutiny and Audit and Risk Management Committees have no automatic entitlement to (a) any document that is in draft form but, in accordance with Part 5.3 of the Constitution, they are entitled to receive reports containing (b) any part of a document that contains exempt or confidential information (“pink papers”), especially unless since that information is may be relevant to an action or decision they are taking, reviewing or scrutinising, or intend to scrutinise.

Also change contents page Part 4.4 (Scrutiny Procedure Rules) 9. Rights of Scrutiny Committee members to documents 9.1.1 In addition to their rights as Councillors, members of the Scrutiny Committee have

the additional rights to documents and to notice of meetings as set out in the Access to Information Procedure Rules in Parts 4 and 5 of this constitution.

Part 5.3 (Protocol for Member & Officer Relations)

Member’s access to documents 4.5 As regards the legal rights of Members to inspect Council documents, these are

covered partly by statute and partly by the common law.


4.6 Council or Committee Business Members have a statutory right to inspect any Council document which contains

material relating to any business which is to be transacted at a Council or Committee meeting. This right applies irrespective of whether the Member is a Member of the meeting concerned and extends not only to reports which are to be submitted to that meeting, but also to any relevant background papers. The Council has decided that Members of the Audit and Risk Management and Scrutiny Committees are entitled to receive reports submitted to other Committees and Sub-Committees which contain confidential or exempt information (“pink papers”). Other Members of the Council who do not serve on Audit & Risk Management or Scrutiny Committees or do not receive “pink papers” as serving Members on a particular Committee or Sub-Committee can see “pink papers” on request*. This right does not, however, apply to documents relating to certain items including background papers which may appear as a confidential (pink) item on the private agenda for meetings. Therefore Members do not have a statutory right to inspect exempt information relating to employees, occupiers of Council property, applicants for grants and other services, the care of children, contract and industrial relations negotiations, advice from Counsel and criminal investigations.

* should this request be made to the Monitoring Officer in writing ? (e-mail or letter) Need for some record to be kept

4.7 Generally The common law right of Members is much broader and is based on a presumption

in favour of any Members being able to inspect Council documents so far as his or her access to the documents is reasonably necessary to enable the Member properly to perform his or her duties as a Member of the Council. This principle is commonly referred to as the “need to know” principle.

4.8 The exercise of this common law right depends therefore upon the Member’s ability

to demonstrate that he/she has the necessary “need to know”. In this respect a Member has no right to “a roving commission” to examine documents of the Council. Mere curiosity is not sufficient. The crucial question is the determination of the “need to know”.

4.9 This question must initially be determined by the particular service manager whose

section holds the document in question (with advice from the Chief Officer, Chief Executive or Monitoring Officer as necessary). In the event of dispute, the question falls to be determined by the relevant meeting i.e. the meeting in connection with whose functions the document is held.

4.10 In some circumstances (e.g. a Member wishing to inspect documents relating to the

business of a meeting of which he/she is a Member) a Member’s “need to know” will normally be presumed. In other circumstances not related to the business of a Council or Committee meeting (e.g. a Member wishing to inspect documents which contain personal information about third parties) a Member will normally be expected to justify the request in specific terms. Furthermore, there will be a range of documents which, because of their nature are either not accessible by Members or are accessible only by the political group forming the administration and not by the other political groups. An example of this latter category would be draft document compiled in the context of emerging Council policies and draft committee reports, the premature disclosure of which might be against the Council’s and the public interest.


4.11 Whilst the term “Council document” is very broad and includes for example, any document produced with Council resources, it is accepted by convention that a Member of one party group will not have a “need to know” and, therefore, a right to inspect, a document which forms part of the internal workings of another party group.

5. CONFIDENTIALITY 5.1 Any Council information provided to a Member, orally, in writing or via a copy

document, must only be used by the Member for the purpose for which it was provided i.e. in connection with the proper performance of the Member’s duties as a Member of the Council. Early drafts of Committee reports and briefing papers are not suitable for public disclosure and should not be used other than for the purpose for which they were supplied. Confidential information provided to Members should not be discussed with, or released to, any other persons.

5.2 A Councillor or a committee or sub-committee Member, necessarily acquires much

information that has not yet been made public and is still confidential. It is a betrayal of trust to breach such confidences. A Member should never disclose or use confidential information for the personal advantage of him/herself or of anyone known to them, or to the disadvantage or the discredit of the Council or anyone else.



Changes in italicised and deleted text Part 5.4: Code of Practice for Planning Procedures

CONTENTS

Page

1. Introduction and Basic Premises 1 2. Section 1 The Role of Members 2 3. Section 2 The Role of Officers 3 4. Section 3 Discussions with Applicants 4 5. Section 4 Lobbying 5 6. Section 5 Reports to Committee 6 7. Section 6 Site Visits 7 8. Section 7 Disclosures of Interest 7 9. Section 8 East Northamptonshire Council Applications 8 10. Section 9 Applications by Members and Officers 8 11. Section 10 Planning Obligations 10 12 Section 11 Training 10


Introduction The way in which planning applications are determined is subject to a great deal of public and media interest; because of this, it is important that the system is seen to be open and free from improper influence. This Code of Practice has been drawn up to set out clearly the way in which the Council deals with planning and other related applications. It applies to all Members and officers of the Council who are involved in the development control process, although recognising the separate but complementary roles of Members and officers in this process. The Code reflects the Council’s longstanding custom and practice. All references to Committee in this Code of Practice and Protocol (Parts 5.4 and 5.5 of the constitution) mean the Planning Committee.

Basic Premises

The basis of the planning system is the consideration of private proposals against wider public interests. The successful operation of the planning system relies on ensuring that officers and Members act in a way that is not only fair but is clearly seen to be so. Members have a special duty to their constituents, but their overriding duty is to East Northamptonshire as a whole. They should vote in the interests of the whole District in relation to planning matters. They should have regard to the Development Plan and all other material considerations.


The Role of Members Section 1

1. In making decisions on applications, Members will:

• act fairly and openly;

• approach each application with an open mind;

• carefully weigh up all the material planning considerations;

• avoid undue contact with interested parties;

• ensure that reasons for decisions are clearly stated. 2. The planning system exists to balance the consideration of private proposals against

the wider public interest. Members must take into account the interests of all the District and will act in a way which is not only fair but is clearly seen to be so.

3. Members shall not give instructions to officers to secure a particular recommendation

on an application nor shall they place pressure on officers in order to secure a particular recommendation.

4. Members can expect officers to give them every help and assistance in answering

questions relating to planning matters. 5. Members of the Committee will be free to vote on planning applications as they

consider appropriate, that is without a party “whip”, in the light of all the relevant information, evidence and arguments. This shall include the Development Plan and all material planning considerations.


The Role of Officers Section 2

6. In making decisions on applications, officers will:

• provide professional and impartial advice;

• make sure that all information necessary for a decision to be made is given;

• set the application in the context of the Development Plan and all other material considerations;

• provide a clear and accurate written analysis of the issues in the report to Committee;

• give a clear recommendation. 7. Except where provided for by an adopted scheme of delegation or where the

Committee gives specific delegated authority, officers will only give advice. 8. Officers are responsible for carrying out the decisions of the Committee. 9. The District Council endorses the Royal Town Planning Institute Code of Conduct,

particularly the provision that chartered town planners shall not make or subscribe to any statements or reports which are contrary to their own professional opinions.


Discussions with Applicants Section 3

Pre-application meetings 10. Pre-application meetings with prospective applicants are encouraged and may involve

Members, provided that the Protocol adopted by the Council and set out in section (a) of Part 5.5 of this Constitution is followed. but to avoid misunderstandings they will only involve officers, other than where the Committee has by resolution specifically authorised that a pre-application meeting shall exceptionally involve Members. Committee shall specifically appoint the Members concerned.

11. It will be made clear at pre-application meetings that:

• only officers’ initial and provisional views can be given, based on the provisions of the Development Plan and other adopted Council policy;

• no decisions can be made which would bind or otherwise compromise the Committee or Members and/or officers specifically delegated under an adopted scheme of delegation to make the decision.

12. All officers taking part in pre-application discussions should make clear that decisions

on planning applications are taken either:

• by the elected Members in Committee, or

• under specific authorised circumstances in accordance with an adopted scheme of delegation,

and if the application is to be determined under a scheme of delegation the officer taking part in the pre-application discussions should indicate whether or not he/she is the decision maker.

13. A written note will be made of all meetings. A follow-up letter should be normal practice when documentary evidence has been left with the Council.

14. A note will also be taken of telephone conversations. The meeting note and any

follow-up correspondence shall be placed on the planning application file, should an application materialise following initial discussions.

15. Where pre-application meetings involve Members, at least one officer will be present.

This is now covered (& extended) in the Protocol Renumber from this point Post application meetings 16. Members will not take part in post-submission meetings with applicants or other

parties, except as provided for by Section 4 of this Code, unless the matter has been reported to the Committee and the Members concerned have been specifically appointed by the Committee. A note of any discussions will be taken and will be made available for public inspection, subject to the rules about access to information. At least one officer will be present at all such meetings.


Lobbying Section 4

17. Quite apart from Member involvement in pre-application and post-application discussions,

It is common for applicants and others to may wish to discuss a proposed development with Members before an application is determined. This can aid understanding of the issues involved. However, to avoid compromising their position before they have received all the relevant information, evidence and arguments, Members of the Committee will:

• not make it known in advance whether they support or oppose a proposal;

• not express an opinion which could be taken as support for or opposition to a proposal;

• not organise support for or opposition to a proposal or lobby other Members (other than when addressing Committee);

• restrict their response to giving procedural advice;

• direct lobbyists or objectors to the case officer;

• advise the Head of Planning Services or the Chairman of the Committee of the existence of any lobbying interests.

18. Members of the Committee may express support for a particular body of opinion in

advance of the matter being considered by the Committee, provided they make it clear that they will not reach a final view on a proposal until such time as they are in possession of all the relevant information, evidence and arguments.

19. Arrangements exist for the public (an applicant or agent; a local resident; a

Parish/Town Council representative) to speak for or against a planning application at meetings of the Committee. Members of the Council who are not members of the Committee will not be permitted to speak on behalf of planning application supporters or objectors during the public speaking session, but may address the meeting in their capacity as a District Ward, Parish or Town Councillor.

20. Any member of the Committee who wishes to express publicly a final view on an

application prior to the meeting of the Committee at which a decision is to be taken will declare an interest and will not vote on that particular application. A Member in this position whose impartiality has otherwise been compromised will also need to consider whether to participate in or withdraw from the decision-making process. If a member of the Committee considers it inappropriate to fully participate and vote on an application affecting his/her ward, that Member may, subject to the normal rules relating to declaration of personal and private interests, address the Committee.

21. In accordance with the model code of conduct, Members should avoid placing

themselves in a position that could lead the public into thinking that they have received preferential treatment for themselves, for friends or relatives or for any firm or body with which they are personally connected.


Reports to Committee Section 5

22. Committee papers will be available for public inspection five clear working days prior to

the meeting. 23. All applications presented to the Committee for decision will have a full written report

from officers, including a summary of objections and the views of those who have been consulted, the relevant site or related planning history, the Development Plan context and relevant planning policies, any other material considerations, a reasoned consideration of the proposal and a clear recommendation.

24. Any material planning information that is received after the written report has been

prepared will be presented as a written update sheet orally by officers to the Committee. A copy of the update written note of any oral report will be made and kept on the case file.

25. The Head of Planning Services has the discretion to withdraw any development control

item from the agenda of the Committee subsequent to the preparation of the report, but prior to discussion by the Committee, if the circumstances of the consideration of the item change within that period.

26. Where an application is determined in accordance with an officer’s report, the decision

will be as set out in the report, subject to any amendments which officers or Members put forward at the Committee meeting and as may be resolved by the Committee.

27. Where Members disagree with the officer recommendation, the reasons for rejecting

that recommendation will be clearly stated at the meeting and recorded in the minutes of that meeting. A copy of the minutes shall be placed on the application file. Members need to be sure that when they do not follow officer advice; their decision is based on sound planning reasons, which may need to be justified at an appeal. Also, such decisions may be subject to scrutiny by the Monitoring Officer and the process by which such decisions are reached by Members may be subject to scrutiny by the Scrutiny Committee.

28. Before an application is determined at a meeting of the Committee, members of the

public (an applicant or agent; a local resident; a Parish/Town Council representative or local Ward Member[s] ) may address the Committee for no longer than 2 minutes, to outline points of concern or support, subject to compliance with the Council’s published procedures on public speaking. This right reflects Articles 6 and 10 of the European Convention of Human Rights (Right to be heard and Freedom of Expression).

Site Visits Section 6

29. All sites are visited and assessed by officers as part of the planning application

process. However, Members may wish to visit sites, for example, to understand local conditions and the relationship of a proposed development to the surrounding area.

30. Official (formal) site visits authorised by the Committee will be held where there is a

clearly identified benefit from holding one.


31. When Members undertake an unofficial (informal) site visit to an application site on their own or in company with another Member or Members, but this also involves another party such as an applicant, objector or Parish Council representation, then this visit should be declared to the Committee prior to the consideration of the application

32. A protocol for planning application site visits has been adopted by the Council, which is

set out in Part 5.5 (b) of the constitution. The protocol covers both official (formal) site visits authorised by the Committee and unofficial (informal) visits by one or more individual Members.

Disclosures of Interest Section 7

33. The law and the model Code of Conduct set out the requirements and guidance for

Members on declaring personal and prejudicial interests and the consequences of having such interests. Members should regularly review their situation with regard to interests. Under the model Code, not only should impropriety be avoided but also any appearance, or grounds for suspicion of improper conduct or bias.

34. Members and officers are discouraged from receiving hospitality or gifts from people

with an interest in a planning proposal. If a gift or hospitality is received or is unavoidable, Members and officers must declare its receipt to the Council’s Monitoring Officer. Under the model code of conduct for Members, the receipt of a gift or hospitality with an estimated value of £25 or more is regarded as a personal interest, which must be declared at a meeting at which the planning matter is discussed and registered with the Monitoring Officer within 28 days. In the case of officers, receipt or offer of a gift or hospitality, must be declared to the Council’s Monitoring Officer as soon as possible and recorded in the register held by the Monitoring Officer for the purpose.

35. As referred to in paragraph 20 (section 4) of this Code, any Member of the Committee

who wishes to express publicly a final view on a planning application prior to the meeting of the Committee at which a decision is to be taken will declare an interest and will not vote on that particular application.

36. It is the Member’s responsibility to disclose his or her financial interest and that of his

or her spouse, whether direct or indirect in any application being considered by Committee. Any interest should be disclosed on every occasion.

37. There shall be a standing separate agenda item for declarations of interest at the

beginning of meetings of the Committee.

East Northamptonshire Council Applications Section 8

37. Where the District Council is landowner it too will require planning permission or other

approval before its own development may be carried out. The appropriate application will be submitted to the Council as local planning authority and will be treated in the same way as those submitted by private applicants.


Applications by Members and Officers Section 9

39. All planning applications which are submitted by or on behalf of Members or officers of

the Council, or their families, in their private capacity, who are involved in the planning process, will be reported to the Committee for decision, rather than under any adopted scheme of delegation. Members and officers will inform the Head of Planning Services and the Council's Monitoring Officer in writing of all such proposals.

40. The Member or officer concerned will take no part in the processing or determination of

the application. 41. The Member concerned, if present at the meeting at which the application is to be

determined, will declare a personal and prejudicial interest and will have the opportunity of addressing the Committee if he/she wishes, under paragraph 12(2) of the Council’s code of conduct. He/she will withdraw from the meeting for the discussion and determination of the application.

42. If the officer concerned is in attendance in an official capacity at the meeting of the

Committee at which the application is to be determined he/she will similarly declare their interest and withdraw from the meeting for the determination of that item.

Planning Obligations Section 10

43. The officer report to the Committee will set out the reasons why a planning obligation

is required and the recommendation will indicate the draft heads of terms that the obligation will contain. These details will also be recorded in the minutes of the meeting.

Training Section 11

44. All Members shall be offered training in planning procedures, which shall include the Protocols set out in Part 5.5 of this Constitution. A commitment to undertake training will be a prerequisite of membership of the Committee. All members of the Committee will be offered training within six months of appointment and at least annually thereafter. This training will cover subjects as may be determined from time to time by officers in consultation with Members. Failure to undertake the initial training offered or persistent failure to undertake any further training by members of

the Committee will result in disqualification from that Committee.


Part 5.5: Protocols for Involving Members in Pre-application discussions and Planning Application Site Visits CONTENTS

(a) Involvement of Members in Pre-application discussions

Page 1. Introduction 1 2. Attendance of Members at Meetings with Developers 1 3. Presentation of Pre-Application Proposals to Committee…………………… 2

(b) Planning Application Site Visits

Page

1. Purpose 1 2. Official Visits 1 3. Unofficial Visits 2


Part 5.5(a): Protocol for Involving Members in Pre-application discussions 1.0 Introduction 1.1 The Council has a protocol which sets out how major planning applications are to be

dealt with. Some major applications will benefit from the involvement of Members of the Council and this protocol provides clear guidance regarding this involvement. This will help improve the built form of the development and help speed up the process.

1.2 In addition, Members may want to be involved with smaller applications and this

protocol also applies. 1.3 Case Officers will need to notify the relevant Members when they receive a pre-

application query, in relation to a major proposal and other proposals which they consider may be of interest to Members. The relevant Members are the Ward Member(s) and Members of the Development Control Committee responsible for other areas.

1.4 Members attending pre-application discussions must have attended a training

session on conduct at pre-application discussions. 2.0 Attendance of Councillors at Meetings with Developers 2.1 Members of the Council, where necessary, can attend pre-application meetings with

developers, about major applications, but only when at least one Officer is present. Generally however, there will need to be more than one Officer present to enable accurate notes to be made of the meeting.

2.2 The timing of these meetings will need to be carefully considered; involvement at an

early stage will be essential. For certain applications involvement at other stages would be beneficial and a schedule of involvement may need to be agreed with developers.

2.3 At the start of the meeting the Officer will make it clear that the role of the Member is

to listen to the discussion, identify issues that the developer will need to consider and represent community interests but that it will not be possible for the Member to enter into negotiations or express a view on the proposal as they need to balance all material considerations before reaching a decision on an application. It will be made clear that the reason for this is to ensure that a Member does not pre-determine their position at any subsequent Committee meeting.

2.4 If at any point in the discussions the developer presses the Member to take part in

negotiations or express a view, the Officer will remind the meeting of the role of the Councillor.

2.5 The Officer will, within 10 days from the date of the meeting, produce detailed notes

of the meeting. This will note those present, the issues identified at the pre-application discussions, and the actions to be taken. These notes will be circulated for approval to the Member attendees and after confirmation of accuracy by all those who attended, forwarded to the applicant.


3.0 Presentation of Pre-application proposals by developers to Development Control Committee

3.1 If a proposal is particularly significant or has more than just local implications a

developer will be invited by Officers to make a presentation to Members of the

Development Control Committee, together with the appropriate Ward Member/s.

Generally this will not be a public meeting.

3.2 A developer will be advised of the time available for their presentation and will be expected to keep strictly to this programme.

3.3 There will always be an Officer/s in attendance at the presentation. 3.4 At the start of the presentation the Chairman of the Development Control Committee

(or Vice-Chairman) will make it clear that Members will listen to the presentation, will identify issues that the developer will need to consider further, represent community interests and ask questions but that it will not be possible for Members to enter into negotiations or express a view as they will need to balance all material considerations before reaching a formal decision on an application. It will be made clear that the reason for this is to ensure that a Member does not pre-determine their view.

3.5 If at any point the developer presses for a view or seeks to negotiate with Members,

the Chairman/Vice -Chairman will remind everyone present of what they said at the start of the meeting.

3.6 After the presentation the Officer will make a detailed note of the presentation and

discussion within 10 working days. The developer should provide the Officer with any presentation material to assist with this. This minute will be placed upon a public file.

Part 5.5(b): Protocol for Planning Application Site Visits 1. Purpose 1.1 The purpose of this protocol is to ensure that site visits in relation to planning

applications are conducted in a proper and business-like manner and that the high standards of conduct which are rightly expected from all those involved are maintained in the interests of open and transparent local government.

1.2 For the avoidance of doubt, if a Councillor views a site on their own (say from the

highway or other public place) without the involvement of any other party, this protocol need not apply, but Members must use their judgement.

1.3 Site visits should only take two forms

i. “Official site visits” (formal) authorised by the Planning Committee

or ii. “Unofficial site visits” (informal).


2. Official Visits

2.1 An official visit is one which is authorised by the Planning Development Control

Committee. In coming to a decision to undertake a site visit, the Committee should be clear as to the purpose of the visit, for example, where Members consider it necessary to view a site within the context of its surroundings. The purpose will be formally minuted. The Committee should not decide on a site visit in a case where an applicant’s plans are inadequate, or solely at the behest of the applicant or objector. Site visits take time and money and should therefore be the exception rather than the rule.

2.2 An official site visit must be accompanied by a planning officer, who will record who

was present from the Council, and the findings of the site visit (if any) based on an oral summary by the Chairman (or whoever chairs the site visit).

2.3 For the benefit of the Members of the Committee and anyone else on site or within

hearing distance, the Chairman must state the purpose of the visit, the procedure to be adopted, and tell everyone that the Councillors will not hear oral representations as these can be made at the Committee meeting.

2.4 A site visit must be conducted in a business-like manner. Councillors must remain

together in a group led by the Chairman. They must not leave the group and enter into separate discussion with applicants, objectors or third parties.

2.5 Councillors must not discuss the merits or otherwise of plans or applications with

anyone, except through the Chairman and then only to seek clarification of matters of fact.

2.6 The only persons allowed to be present on site other than members of the Planning

Development Control Committee and Council staff are the owners and the applicant (where different) or agent, where their presence may be required to:

(i) provide access to the site; (ii) advise the Chairman of any health and safety implications; (iii) clarify any points of information which the Chairman (and the Chairman only)

require.

2.7 No decision regarding the determination of an application should be made on site. The decision must be made at a formal Committee meeting.

2.8 Should there be any breach of this protocol, the Chairman has the authority to

terminate a site visit, and any breach of this protocol will be recorded and referred to the Council’s Monitoring Officer.

3. Unofficial Visits 3.1 An unofficial visit is one undertaken by a Councillor, either at his or her own behest or

at the request of an applicant or objector or Town or Parish Council, and at which an applicant, objector or Town/Parish Council representative is present.

3.2 Before undertaking an unofficial visit a Councillor must consult the Head of Planning

Services, the Development Control Manager or the case officer and brief him or herself on the issues relating to the application. Any negotiations on a planning application should be carried out by officers.


3.3 The ward Councillors must be consulted if the unofficial visit is outside the Councillor’s ward.

3.4 A Councillor on an unofficial site visit must avoid giving the impression that he/she

represents the views of the Committee or the Council. If a Councillor feels compelled to give a personal view, he or she should emphasise that the final decision is one for the Committee.

3.5 If the Councillor concerned is a member of the Committee, he/she can offer to

represent the views of the applicant/objector or Town/Parish Council, but only on the basis that they are representing those views, which may or may not coincide with the Councillor’s own and the Councillor should make that clear to the Committee when the application is formally considered.

3.6 If a Councillor undertakes a site visit at the behest of one party, he or she must

consider discussing the application with other interested parties. Therefore, if the Councillor is approached to undertake a site visit by an applicant, for example, he or she should consider discussing the matter with any objectors or the Town/Parish Council, where views have been expressed and of which the Councillor will have become aware from his briefing by the planning staff. If a Councillor decides not to approach other interested parties, he or she may be asked the reason for that decision.

3.7 If more than one Councillor is involved in an unofficial visit, compliance with this

protocol is the responsibility of each Councillor in attendance. 3.8 Any Councillor who comes into contact with the applicant or objectors in the course

of an unofficial site visit must declare it at the commencement of the meeting at which the matter is to be determined.



Changes in italicised and deleted text

Planning Policy Committee

Approved by Planning Policy Committee – 5 June 2008 – Minute 39 and amended by Council on 11 January 2010 1 The Planning Policy Committee comprises 15 members appointed by the full Council

at the Annual meeting, in accordance with the statutory political balance requirements, to be responsible for the formulation and development of the Council’s Local Development Framework within the meaning of the Planning and Compulsory Purchase Act 2004.

2 The Planning Policy Committee coordinates the implementation of spatial planning

policy and determines the strategic planning objectives for East Northamptonshire within the framework provided by the agreed North Northamptonshire Core Spatial Strategy.

3 Functions which are delegated, for example to a standing sub committee, working

party or an Officer, and the limits of that delegation, are defined in Table 1 of the Constitution.

4 The Committee’s terms of reference are:

(i) To lead the preparation of the Local Development Framework (LDF) for East Northamptonshire;

(ii) To determine a Local Development Scheme for East Northamptonshire, in conformity with the Core Spatial Strategy for North Northamptonshire, including the approval of the timetables, programmes and development plan documents forming the LDF;

(iii) To consider the community’s response to consultation on land use policy issues in accordance with the Statement of Community Involvement;

(iv) To agree the strategic policies, area strategies and allocations, and monitoring frameworks that comprise the LDF for East Northamptonshire,

(v) To establish three area working parties to guide the preparation of plans for (i) the Rural North, Oundle & Thrapston, (ii) the towns of Rushden, Higham Ferrers & Irthlingborough (The Three Towns) and (iii) Raunds and their associated villages;

(vi) To consider recommendations for area strategies and allocations, and monitoring frameworks arising from the work of the three area working parties;

(vii) To approve draft policy documents for public consultation and Plans for submission;

(viii) To consider the timing and prioritisation of Plans and proposals recommended by the area working parties;

(ix) To respond to consultations on planning policy matters and proposed legislative changes,

(x) To adopt new Conservation Areas and review existing ones following public consultation and


(xi) To consider the financial impact of its decisions, and make recommendations for the allocation or reallocation of resources to the Policy & Resources Committee;

Proceedings of the Committee take place in accordance with the Procedure Rules set out in Part 4 of the Constitution.

Licensing (Liquor & Gambling) Panels L & G Licensing Panels function as sub-committees of the Licensing Committee (a statutory Committee) and operate under powers initially delegated to them by the Licensing Committee on 26 January 2005 (Minute 349) and 25 January 2007 (Minute 328) but amended by Council on 21 April 2008 (Minute 418). The membership of each Panel varies. All Panels consist of 3 Members of the Licensing Committee (who have had training) and determined under delegated powers exercised by the Democratic Services Manager. Panels conduct hearings which follow the rules of natural justice and are governed by The Licensing Act 2003 (Hearings) Regulations 2005 and The Gambling Act 2005 (Proceedings of Licensing Committees and Sub-Committees) (Premises Licences and Provisional Statements) (England and Wales) Regulations 2007. Panels have the power to –

• determine applications under the Licensing Act 2003:

� for personal licence if a representation made; � for personal licence with unspent convictions; � for premises licence/club premises certificate if a representation made; � for provisional statement if a representation made; � to vary premises licence/club premises certificate if a representation made; � to vary designated personal licence holder if a police representation; � to be removed as designated personal licence holder; � for transfer of premises licence if a police representation; � for Interim Authorities if police representation;

� review premises licence/club premises certificates.

� determine police representations to a temporary event notice;

• determine applications under the Gambling Act 2005:

� for a premises licence where representations have been received and not withdrawn

� for a variation to a licence where representations have been received and not withdrawn

� for a transfer of a licence where representations have been received from the Commission

� for a provisional statement where representations have been received and not withdrawn

� for a review of a premises licence


� for club gaming/ club machine permits where objections have been made (and not withdrawn)

� for the cancellation of club gaming/ club machine permits � for a decision to give a counter notice to a temporary use notice

Minutes will be submitted for information to either the Licensing Committee or to the full Council.

Licensing (Taxi & Miscellaneous) Taxi Panels These Panels are effectively “Committees” in legal terms and originally operated for taxi licensing matters under powers initially delegated to them by the Council in January 2005 (Resources Committee minute 264 – 15 November 2004) and confirmed by the Council on 21 April 2008 (Minute 418). The remit of the Panels was extended to other miscellaneous licensing matters in January 2010. The membership of each Panel varies. All Panels consist of 3 Members drawn from the membership of the Licensing Committee (who have had appropriate training) and determined under delegated powers exercised by the Democratic Services Manager. The Panels conduct hearings which are not governed by statutory rules but nevertheless follow the rules of natural justice. Panels have the power to determine –

(1) determine applications under the Town Police Clauses Act 1847 and the Local Government (Miscellaneous Provisions) Act 1976 relating to hackney carriage and private hire drivers’, vehicles and operator licences not otherwise delegated to officers, and where the Head of Environmental Services is minded to refuse

(2) specifically, applications –

(a) Where a Criminal Records Bureau Check reveals:

• Offences of a sexual nature

• Offences relating to violent conduct

• Offences involving substance abuse

• Offences involving obscene material

• Offences relating to dishonesty

• Offences relating to Motoring Offences, including those listed in the schedule contained within the conditions of licence, as detailed below:-

(i) Dangerous driving. (ii) Driving or attempting to drive whilst unfit through drink or drugs. (iii) Unfit through drink or drugs whilst in charge (as opposed to actually

driving or attempting to drive) the vehicle. (iv) Driving or whilst in charge of vehicle with excess alcohol in the blood. (v) Motor racing on highway. (vi) Taking and driving away a vehicle without consent. (vii) Using without insurance. (viii) Driving without a licence.


(ix) Driving with defective sight (and refusing to submit to eye-sight test). (x) Parking in a dangerous position. (xi) Failure to stop and give particulars after an accident. (xii) Failing to conform with the requirements relating to pedestrian

crossing or a school crossing. (xiii) Failing to conform with traffic signs (including double white lines) or a

policeman's signal. (xiv) Breach of traffic regulations i.e. (no waiting, one-way working). (xv) Using, causing or permitting to be used, a vehicle in a dangerous

condition or with defects (e.g. brakes, steering, tyres). (xvi) Permitting a vehicle to be driven without insurance and/or without a

licence. (xvii) Permitting a person to drive under age if the offence occurred after the

first application. (xviii) Careless driving, driving without reasonable consideration and driving

without due care and attention. (xix) Any three current endorsements for speeding.

(b) Where Medical Conditions require specialist medical consultation. (All other hackney carriage and private hire licences are determined under delegated powers exercised by the Head of Environmental Services).

(3) other applications for licences or registrations under specific legislation (eg

house to house collections) not otherwise delegated to officers, and where the Head of Environmental Services is minded to refuse (with the exception of Liquor and Gambling).

Minutes of the Panels will be submitted for information to the full Council.


Appendix 7 to Policy & Resources Committee Minute 271

PANEL OF THE POLICY AND RESOURCES COMMITTEE Date: 3 November 2009 Venue: East Northamptonshire House, Cedar Drive, Thrapston Time: 9:30am Present: Councillors: -

Glenn Harwood (Chairman) Anna Sauntson Andy Mercer

PART A ITEMS 1. APPOINTMENT OF CHAIRMAN RESOLVED: That Councillor Glenn Harwood be appointed Chairman for this Hearing. 2. DECLARATIONS OF INTEREST No interests were declared. 3. APPLICATION FOR A HOUSE TO HOUSE COLLECTIONS LICENCE –

INTERSECOND LTD The Licensing Officer reported on an application for a House to House Collections Licence made under the House to House Collections Act 1939. The Licensing Officer reported on an application (received on 17 September 2009) to hold a house to house collection throughout the district between 9 and 14 November 2009. The applicant was Raimondas Biguzas, representing Intersecond Ltd., a clothes and footwear wholesaler based at Tilbury, Essex. The applicant was not present at the Hearing but the Panel agreed that it should consider the application in his absence. The application stated that an amount of the proceeds of the collections would be given to “Do Not Delay”, a breast cancer prevention programme, which was registered as a charity in Vilnius, Lithuania, under number 124013046. The charity was not registered in the UK by the Charities Commission. Several anonymous complaints regarding unlicensed collections in East Northamptonshire had been received from the public about “Do Not Delay” over the past year, which could not be confirmed. A letter had been sent to Intersecond Ltd. on 4 June 2009 regarding the


alleged unlicensed collections. The application had not shown what had been collected or donated in previous collections within East Northamptonshire or nationally. A low percentage donation was shown on a bank statement submitted with the application. It was also not clear how much the private company (Intersecond Ltd) made when undertaking these collections. The Panel noted that a further letter had been sent to the applicant requesting additional information but no reply had been received. After considering the Officer’s report, including advice from the Solicitor to the Council, the Panel retired to consider the application and evidence presented at the Hearing, and it was RESOLVED:

That the application for a House to House Collections Licence by Intersecond Ltd be refused.

The Chairman read out the following statement giving the reasons why the Panel had refused the Licence: - “The Applicant had chosen not to attend the Hearing and had not responded to letters requesting additional relevant information. Consequently the Panel had not been given an opportunity to ask relevant questions. Without the required information the Panel believed that the applicant had failed to meet the requirements of Section 2(3)(f)'. of the House to House Collection Act 1939 which states that “The applicant or holder of the Licence has refused or neglected to furnish to the authority such information as they may have reasonably required for the purpose of informing themselves as to any of the matters specified in the foregoing paragraphs” In reaching this decision, the Panel considered that it needed the following information: - 1. Evidence of the total amount likely to be applied for charitable purposes as the result of

the collection (including any amount already applied) as it could be inadequate in proportion to the value of the proceeds likely to be received (including any proceeds already received).

2. Directors’ remuneration, in relation to total amounts raised and total amounts donated

to charity. The Panel also had concerns that the applicant had answered “no” to question 15 on the application form which asked “has the applicant, or to the knowledge of the applicant, anyone associated with the promotion of the collection, been refused a licence or order under the Act, or had a licence or order revoked?” The Licensing Officer had advised that South Somerset and Forest Heath District Councils and Tewkesbury Borough Council had expressed doubts with similar applications from the same applicant and had subsequently refused them. The Panel’s decision would be sent in writing to the applicant within 14 days and he would be advised about his right of appeal to the Secretary of State if he was aggrieved with the Panel’s decision”.

Audit and Risk Management Committee – 16 December 2009 Page 381

AUDIT AND RISK MANAGEMENT COMMITTEE Date: 16 December 2009 Venue: East Northamptonshire House, Cedar Drive, Thrapston Time: 7.30 pm Present: Councillors:- Dudley Hughes (Chairman)

Peter Bedford Steven North Tony Boto

PART A ITEMS 284. MINUTES The minutes of the meeting held on 23 September 2009 were approved and signed by the Chairman. 285. APOLOGIES FOR ABSENCE Councillors David Brackenbury, Sean Lever and Colin Wright sent apologies. 286. DECLARATIONS OF INTEREST

No interests were declared. 287. COMPREHENSIVE AREA ASSESSMENT ORGANISATIONAL ASSESSMENT The Committee received a summary report of the Organisational Assessment undertaken by the District Auditor. It was noted that the findings would constitute part of the Annual Audit and Inspection Letter which would be considered at the next meeting, but as the assessment had been published on the Oneplace website Members needed to be aware of its findings. The report included the overall organisational assessment, managing performance and the use of resources scores. The Council had achieved a score of 2 in all these areas according to the new criteria, and Members noted that this equated to a score of 3 under the previous criteria. It was also noted that the report included a lot of praise for the Council and a number of improvements had been highlighted. Concerns were raised about the public perception of a score of 2 so the Committee discussed whether the Council should work towards attaining a score of 3 and the resource implications this would have. It was considered that the increased work involved could detract from service provision and that the Council’s primary aim was to achieve excellence in the eyes of the community. It was noted that very few Councils had achieved a score of 3. Concerns were also raised about the Council’s direction of travel and whether, due to the impact of the recession, maintaining a score of 2 would be possible.


Members also questioned why there had not been Member involvement when the report had been challenged and why Members had not been appraised of the management response. It was requested that, in future, Members would be involved in such discussions. 288. COUNTERING BENEFIT FRAUD

A report on the work of the Benefit Counter Fraud Section for the period to the end of September 2009 was submitted for consideration. The Committee noted that the amount of overclaimed benefit that had been recovered was slightly lower than the previous year but that this reflected the economic situation, increased levels of fraud, and the Counter Fraud Section’s success at identifying where benefit had been overclaimed. The report highlighted the increased amount of legal action that had been taken against those who had overclaimed as larger amounts were being overclaimed by individuals than previously. Members noted that the number of solicitor’s letters sent had dramatically increased as two were sent now instead of one in order to give overclaimants more opportunity to pay the money back and to avoid rising Court costs. It was noted that income of £62,779 had been generated during this financial year by recovering overpayments which had lessened the burden on the Council Tax payer. Members commended the Counter Fraud team for their work. A publicity campaign in the Nene Valley News had been very successful. The fraud hotline had received 74 calls up to 30 September 2009 of which 20 led to investigations. The Committee were pleased to note that the number and quality of referrals had been much improved. RESOLVED:

That the report be received and noted. 289. BENEFITS COUNTER FRAUD STRATEGY The Benefits Counter Fraud Strategy was reviewed by the Committee. It was noted that the revised document contained amendments to the Performance Framework and included a number of minor alterations to the text of the document to make it clearer and more concise. The Counter Fraud and Internal Audit teams were satisfied it met the needs of the service. RESOLVED: That the revised Benefits Counter Fraud Strategy be adopted. 290. WELLAND INTERNAL AUDIT CONSORTIUM – PROGRESS REPORT The Committee received a progress report from the Audit Manager of Welland Internal Audit Consortium (WIAC), on the progress and performance of Internal Audit compared to the Annual Audit Plan and an overview of the key findings and recommendations from the issued reports. The Consortium was performing well and had delivered planned work broadly in accordance with the Plan. Available audit evidence showed that the Council had put in place effective arrangements to manage its risks and where weaknesses had been identified, appropriate action was being taken. Members noted the assurances given by the Audit Manager that there were no outstanding issues for the Committee to consider and that the results for all areas audited this year so far were good or sound. These included waste


management, management and maintenance of public spaces, customer services and land charges. The IT Service’s risk management planning was discussed by the Committee. It was noted that measures had been put in place to make the Council’s IT systems as secure as possible and to deal with any problems (GovConnect requirements, SecTech penetration testing, the Business Continuity Plan). RESOLVED: That the progress of the Consortium be noted.

291. RISK MANAGEMENT STRATEGY The Committee considered a revised draft of the Risk Management Strategy, which had been altered to reflect comments made at the last meeting. The changes were discussed in detail and an alteration agreed. Members were particularly concerned about embedding risk management into managers’ everyday work and risk owners taking ownership of the risks involved with a project. RESOLVED:

That the Risk Management Strategy be adopted, subject to the substitution of ‘major’ for ‘significant’ in section 6.4.

292. RISK MANAGEMENT REPORTS The Committee received the standard reports on new primary risks, residual primary risks, risk profile and outstanding actions. It was noted that the terminology would be updated in accordance with the newly adopted Risk Management Strategy for the next meeting. Some of the risks on the register, those relating the Manor Park and Greenway projects in particular, were discussed in depth. Concerns were raised regarding gaps in the register and items that had not been updated within the last twelve months. Members asked that risk owners be encouraged to update the action plans on the register as in a number of cases action plans had been put in place but not logged in the register. It was agreed that the Chairman would propose to the Constitution Review Group that Lead Members be asked to look at risks on the register that were covered by their service area and alert officers or the Audit and Risk Management Committee if any issues were to arise. RESOLVED:

That the submitted reports be noted. 293. LABV The Committee noted a working group had been set up to look at all areas of this project including the risks.

Chairman

Scrutiny Committee – 5 January 2010 Page 384

SCRUTINY COMMITTEE Date: 5 January 2010 Venue: East Northamptonshire House, Cedar Drive, Thrapston Time: 7.30 pm Present: Councillors:- Phillip Stearn (Chairman) Glenvil Greenwood-Smith (Vice-Chairman)

David Bateman Gill Mercer Tony Boto Brian Northall Richard Gell Duncan Reid Marian Holloman Pam Whiting Sue Homer Clive Wood Barbara Jenney

Also Present: Councillor Roger Powell (Observer) PART A ITEMS 294. APOLOGIES FOR ABSENCE

Councillors Peter Bedford and Ron Pinnock, and Sharn Matthews and Rachel Reeds sent their apologies. 295. DECLARATIONS OF INTEREST

There were no declarations. 296. QUESTIONS UNDER COUNCIL PROCEDURE RULE 10.3 There were no questions. 297. REQUEST TO “CALL IN” UNDER SCRUTINY PROCEDURE RULE 14.3

It was reported that a request had been made to call-in the following matter:-

Committee (date) Agenda Item Reasons for call-in

Policy & Resources (09/12/09)

Item 14: Irthlingborough Conservation Area Review

1. The document produced to P&R Committee was a 'draft' only copy 2. The 'draft' referred to a paper referring to 'shop frontages' which appears to be non existent 3. The changes from the original consultants plan are dramatic 4. The new 'draft plan' is smaller and in one piece covering only the town centre but has


a building excluded in the centre, but Cllr. Northall was told that the plan could not be split and it has been 5. At the P&R Committee on 9 November it was decided that if this conservation review was agreed by Irthlingborough Members it could come back to P&R. Clearly Irthlingborough members are not in agreement with the plan therefore it needs more discussion. 6. Furthermore, as has been pointed out since the decision to defer this at P&R Committee, no changes have been made to the documents.

Alternative decision proposed Reconsideration of the Irthlingborough Conservation Review by the Planning Policy Committee

Reason why alternative decision is considered to be in the best interests of the Council

The best interests of the Council will be served by transferring consideration of the Irthlingborough Conservation Review to the Planning Policy Committee in view of the impending constitutional change which is tabled for Full Council on 11 January 2010.

The request to call-in was signed by the following Councillors

Brian Northall Gill Mercer Peter Bedford Glenvil Greenwood-Smith

Members had before them a background report containing the minutes of the discussions on the Irthlingborough Conservation Area Review at two meetings of the Policy and Resources Committee on 9 November and 9 December 2009, and details of the consultation process. The decision at the second meeting was to approve the revised proposals to designate the Irthlingborough Conservation Area in accordance with the documents submitted to the Committee. The Members instigating the call-in expanded on the reasons for the request, and especially emphasised the following:-

• The Irthlingborough Ward Members considered that the consultation was not extensive enough

• They still had issues of concern in relation to the size of the Conservation Area and the buildings to be included in the Area

• The Ward Members attending the Workshop with officers on 25 November had not accepted the proposals which were then submitted to the Policy and Resources Committee on 9 December, and the Ward Members did not feel that they had reached an agreement

• There were no Members from Irthlingborough serving on the Policy and Resources Committee and therefore the opportunity to influence the decision was limited.

The Head of Planning Services, Senior Conservation Officer and Democratic Services Officer commented as follows:-

• The term “draft” was applied to the documents presented to the Policy and Resources Committee on 9 November and 9 December because the Conservation Area had not yet been adopted by the Committee


• The document referred to in the papers submitted to that Committee under the heading “Shopfronts and Signage” (Shopfront Design and Adverts Supplementary Planning Document ) was in the course of preparation and whilst in the view of the Head of Planning Services, an adopted document would not have influenced the decision on the extent of the Conservation Area, it would be invaluable in assisting property owners or their agents when they made proposals for change and would also give the Council firmer control, particularly when enforcement matters were being considered

• There had been two rounds of public consultation since 2008. The original proposals comprised three separate Conservation Areas and as a result of the first round of consultation, and advice from the Council’s consultants, a revised proposal for a single Conservation Area had been the subject of the second round of consultation in Summer 2009. Only buildings which were worthy of inclusion had been included in the revised proposals

• The impression of the Planning Officers following the workshop on 23 November was that the Irthlingborough Ward Members had no outstanding issues to resolve

• The matter had been considered once more by the Policy and Resources Committee on 9 December (rather than the Planning Policy Committee at a later date) to comply with resolution (3) of minute 224 (9 November 2009), and details of responses from both rounds of public consultation had been submitted.

Members asked a number of questions which were answered by the Officers. The Chairman of the Committee suggested Members consider whether the relevant procedures had been undertaken correctly both in relation to the consultation on the Conservation Area and the consideration at the Policy and Resources Committee, and whether the consultation had been sufficient. He also drew attention to the opportunities which existed for Members not serving on the Policy and Resources Committee to request to speak at meetings and also to raise issues and give views within political groups to influence final decisions. The Committee was given advice on:-

• the choices available within the Scrutiny Procedure Rules, and

• the procedure to be followed if Members wished the decision of 9 December to be reconsidered, in the light of the wording in paragraphs 14.5 and 14.6 of the Scrutiny Procedure Rules and the impending change to the Terms of Reference to the Planning Policy Committee at the Council Meeting on 11 January.

A motion to seek reconsideration of the decision was then proposed and seconded but on being put to the vote was LOST. Members, by a majority, considered that the process for consultation and consideration of the proposed Conservation Area at Irthlingborough had been undertaken correctly and that consultation had been sufficient, and accordingly RESOLVED:

That the decision on the Irthlingborough Conservation Area in minute 279 (9 December 2009) be not referred back for reconsideration.

(Note: In accordance with paragraph 14.6 of the Scrutiny Procedure Rules, the

decision in minute 279 now takes effect)

Chairman

Development Control Committee – 6 January 2010 Page 387


Date: 6 January 2010 Venue: East Northamptonshire House, Cedar Drive, Thrapston Time: 7.30pm Present: Councillors: - Gill Mercer (Vice Chairman) In the Chair Andy Mercer (Leader of the Council)

Wendy Brackenbury Phillip Stearn Albert Campbell Robin Underwood Glenn Harwood MBE Pam Whiting Brian Northall Clive Wood Anna Sauntson

PART A ITEMS

298. MINUTES The minutes of the meeting held on 2 December 2009 were approved and signed by the Vice Chairman. 299. APOLOGIES FOR ABSENCE Councillors Pauline Bradberry JP (Chairman), Sylvia Hughes, Ron Pinnock, Roger Powell and John Richardson sent their apologies. 300. DECLARATIONS OF INTEREST AND INFORMAL SITE VISITS No interests or informal site visits were declared. 301. PUBLIC SPEAKERS Mr B Allen spoke on application EN/09/01855/FUL – 1 Pightles Terrace, Rushden. 302. PLANNING APPLICATIONS The Committee considered the schedule of applications and recommendations of the Head of Planning Services, with updated information on some of the applications and representations made by public speakers at the meeting. The applications where the Committee had agreed with the Officer’s recommendations are indicated under (a) below, and where the application had been withdrawn under (b) below. The full decision on the applications are included (on the page indicated) in the Appendix to these minutes.


(a) Applications Agreed

(i) EN/09/0131/FUL – Land adjacent Walters Coppice, Main Street, Hemington (See page 390) Members noted that the Council’s Conservation Officer had requested two extra conditions to protect trees adjacent to the site’s eastern access. She had not recommended that a Tree Preservation Order be made. Granted with the conditions as reported and two additional conditions regarding the protection of trees on or adjacent to the site. (ii) EN/09/01330/FUL – Caravan Site, Mill Road, Yarwell (See page 392)

Members raised some concerns about the possibility of flooding on the site. Members were advised that an additional condition had already been proposed and a further condition would be added regarding surface water drainage because full details had not been provided as part of the application details. Granted with the conditions as reported and two additional conditions regarding surface water drainage and details of ground floor levels to prevent flooding. (iii) EN/09/01380/FUL and EN/09/01867/LBC – The Water Tower, Ashton Wold, Ashton (See page 393)

Granted with the conditions as reported.

(iv) EN/09/01855/FUL – 1 Pightles Terrace, Rushden (See page 395)

Members were concerned that the increase in the number of residents would result in an intensification of use and requested that a condition be added to restrict the overall number of residents within the extended building. Granted with the conditions as reported and an additional condition to restrict the number of occupants in the extension.

(b) Application Withdrawn

EN/09/01329/FUL – Caravan Site, Mill Road, Yarwell (See page 391)

Members noted that the application had been withdrawn by the applicants before the meeting.

RESOLVED:

That the above planning applications be dealt with as indicated in the Appendix to these minutes at pages 390 to 395


303. APPEAL DECISION MONITORING REPORT Members noted the report submitted by the Head of Planning Services monitoring the Council’s planning and enforcement appeal decisions from 12 October to 4 December 2009 and complimented officers on the recent success rates achieved.

Chairman


List of Applications Determined by DEVELOPMENT CONTROL COMMITTEE - 6 January 2010

EN/09/01313/FUL


19 August 2009 3 September 2009 29 October 2009 Barnwell

Applicant Mr T Littler

Agent Stuart Long Architect

Location Land Adjacent Walters Coppice, Main Street, Hemington.

Proposal Two proposed detached houses (renewal of consent EN/06/01452/FUL).

Decision Application Granted with two additional conditions regarding the protection of trees on or adjacent to the site.



2. Prior to the commencement of development samples of the proposed facing and roofing materials

to be used in the development hereby permitted shall be submitted and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details. Reason: In the interests of visual amenity.

3. Notwithstanding the submitted details, a Tree Protection Plan and Arboricultural Method Statement

shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development and shall be in accordance with BS5837:2005. The development shall thereafter be carried out in accordance with these details.

Reason: To ensure the protection of trees on site. 4. Notwithstanding the submitted details, details of a no dig method construction method for the

driveway shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. The development shall thereafter be carried out in accordance with these details.

Reason: To ensure the protection of trees on the neighbouring site. 5. Prior to the commencement of development, design details for the proposed access point,

minimum 4.5 metres wide for the first 10 metres to the rear of the highway, with provision of vehicle visibility splays either side of the access, shall be submitted to and approved in writing by the Local Planning Authority and thereafter retained in accordance with the approved details.

Reason: In the interests of highway safety. 6. Pedestrian visibility splays of at least 2.4 metres x 2.4 metres (2 metres x 2 metres where there is

turning space within the site) shall be provided on each side of the vehicular access. These measurements are taken along and to the rear of the highway boundary within the cartilage of the site. The areas of land forward of these splays shall be reduced to and maintained at a height not exceeding 0.6 metres above carriageway level.

Reason: In the interests of highway safety. 7. Sight lines shall be provided to give visibility along the road over a distance of at least 43 metres in

both directions, from a point measured 2.05 metres back along the centre line of the proposed


junction. These dimensions to be measured from and along the nearer edge of the carriageway. Reason: In the interest of highway safety. 8. The access points shall remain un-gated. Reason: In the interest of highway safety. 9. Adequate provision shall be made to prevent the unregulated discharge of surface water discharge

from the accesses and driveways to the highway, details of which shall be submitted and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details and the measures implemented before the development is brought into use.

Reason: In the interests of highway safety. 10.Prior to the commencement of development details of the proposed slab levels of the dwelling

hereby permitted shall be submitted and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details. Reason: In the interests of visual and neighbouring amenity.

11.Prior to the commencement of development details of boundary screening to the site shall be

submitted and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details.

Reason: In the interests of visual amenity. 12.The dwellings shall achieve Level 1 of the Code for Sustainable Homes. A copy of the Interim

Design Stage Assessment Certificate shall be provided to the Local Planning Authority to demonstrate that the code level 1 will be achieved. Within 5 months of completion a copy of the Final Certificate shall be provided to the Local Planning Authority certifying that Code Level 1 has been achieved, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To provide a sustainable form of development.

EN/09/01329/FUL


20 August 2009 2 November 2009 28 December 2009 Prebendal

Applicant Vermont Properties Ltd - Mr M Best

Agent Rural And Urban Planning Consultancy - Mr I Butter

Location Caravan Site, Mill Road, Yarwell.

Proposal Use of land for the stationing of touring caravans and tents plus details of drainage system.

Decision Application Withdrawn by the applicants.


EN/09/01330/FUL


20 August 2009 2 November 2009 28 December 2009 Prebendal

Applicant Vermont Properties Ltd - Mr M Best

Agent Rural And Urban Planning Consultancy - Mr I Butter

Location Caravan Site, Mill Road, Yarwell.

Proposal Conversion of farm buildings into two holiday accommodation units including car parking and alterations to access.

Decision Application Granted with two additional conditions regarding surface water drainage and details of ground floor levels to prevent flooding.



2. Prior to the commencement of development details of all external materials shall be submitted to

and approved by the Local Planning Authority in writing and development shall be carried out in accordance with these approved details.

Reason: In the interest of visual amenity. 3. Notwithstanding the provisions of the Town and Country Planning (General Permitted

Development) Order 1995 (or any Order amending or re-enacting that Order with or without modification), no alterations or extensions shall be made to the holiday let units hereby permitted without the prior written approval of the local planning authority. Reason: To protect the simple agricultural character of the barns.


Development) Order 1995 (or any Order amending or re-enacting that Order with or without modification), no means of enclosure to the holiday let units hereby permitted shall be erected without the prior written approval of the local planning authority. Reason: In the interest of visual amenity.

5. The holiday lets shall not be occupied as a persons sole, or main place of residence and the

owners/operators shall maintain an up to date register of the names of all owners/occupiers of individual units on the site, and of their main home addresses, and shall make this register available at all reasonable times to officers of the local planning authority.

Reason: To ensure that the approved holiday accommodation is not used for permanent residential occupation as this would be contrary to the advice contained within PPS7 - Sustainable Development in Rural Areas.

6. If development works are not completed prior to the arrival of migratory swallows (approx late

March-April) then access to the buildings shall be restricted to deter swallows from entering the buildings and attempting to construct a nest.

Reason: Should nest building take place, an offence under the Wildlife and Countryside Act 1981 may occur if the birds are disturbed which would delay development.

7. Prior to the commencement of development a scheme to provide swallow nests shall be submitted

to and approved in writing by the Local Planning Authority and development shall be carried out in accordance with the approved scheme.

Reason: To compensate for the swallow nest that will be lost as a result of the proposed development.


8. Notwithstanding the submitted information, prior to the commencement of development, details of

the proposed means of surface water disposal shall be submitted to and approved in writing by the LPA. The development shall subsequently be carried out in accordance with the approved details.

Reason: To ensure adequate drainage of the site. 9. Before any work is commenced on the development the subject of this permission details of the

ground floor levels of all of the proposed buildings shall have been submitted to and approved by the local planning authority, and the development shall thereafter be carried out and retained in accordance with the approved details.

Reason: To minimise damage by possible flooding and to safeguard public health.

EN/09/01380/FUL


3 September 2009 3 September 2009 29 October 2009 Lower Nene

Applicant OHL Ltd

Agent David Jackson

Location The Water Tower, Ashton Wold, Ashton.

Proposal To convert the building to a 3 bedroom fully self contained residential property for holiday use.





Reason: To achieve a satisfactory elevational appearance for the development. 3. The holiday lets shall not be occupied as a person’s sole, or main place of residence and the



Development) (Amendment) (No.2) (England) Order 2008 (or any order amending or re-enacting that order with or without modification) there shall be no development within class A of Part 2 of Schedule 2 to that order without the prior written approval of the local planning authority.

Reason: To restrict the use of inappropriate boundary treatments in the interests of preserving the rural setting.


Development) (Amendment) (No.2) (England) Order 2008 (or any order amending or re-enacting that order with or without modification) there shall be no development within Part 1 of Schedule 2 to that order without the prior written approval of the local planning authority.


Reason: To prevent alterations that could result in an adverse impact upon the simple character and appearance of the building.

6. There shall be no discharge of foul or contaminated drainage from the site onto any surface

waters, whether direct or via soakaways. Trade effluent shall not be discharged to surface waters. Reason: To prevent pollution of the water environment.

EN/09/01867/LBC


25 November 2009 25 November 2009 20 January 2010 Lower Nene

Applicant OHL Ltd

Agent David Jackson

Location The Water Tower, Ashton Wold, Ashton.

Proposal Conversion of existing un-used water tower into a four bedroom residential property for holiday use to include interior and exterior works.





Reason: To ensure the protection of the integrity of the listed building. 3. No works shall take place until the implementation of a programme of building recording has been

carried out in accordance with a written scheme of investigation submitted to and approved by the Local Planning Authority.

Reason: To ensure the protection of the integrity of the listed building. 4. Notwithstanding the submitted details, all internal fixtures and fittings shall remain in situ unless

otherwise agreed in writing by the Local Planning Authority. Reason: To ensure the protection of the integrity of the listed building. 5. Prior to the commencement of development, drawings at a scale of 1:20, for all joinery shall be

submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

Reason: In the interests of preserving the historic character, fabric and appearance of the Grade II Listed Building and its setting.

6. Prior to commencement of work, further precise details of the windows and internal and external

doors including sections and profiles at a scale of 1:10 or 1:20, shall have been submitted to and approved in writing by the Local Planning Authority. Works shall be carried out in accordance with these details.

Reason: In the interests of visual amenity.


EN/09/01855/FUL


23 November 2009 23 November 2009 18 January 2010 Rushden Bates

Applicant BPS Carehomes Ltd

Agent RJA Designs

Location 1 Pightles Terrace, Rushden.

Proposal Two storey side extension to form five additional bedrooms (all en suite) plus resident's dining room.

Decision Application Granted with an additional condition to restrict the number of occupants in the extension.



Compulsory Purchase Act 2004. 2. Notwithstanding the provisions of the Town and Country Planning (General Permitted

Development) Order 2008 (or any order revoking and re-enacting that Order with or without modification), no additional windows shall be installed in any elevation of the proposed extension without the prior written consent of the Local Planning Authority.

Reason: To safeguard the privacy of adjoining properties. 3. Before any work is commenced on the development hereby permitted, a sample of the proposed

facing and roofing materials for the building shall have been submitted to and approved in writing by the local planning authority and the development shall thereafter be carried out in accordance with the approved details.

Reason: To achieve a satisfactory elevational appearance for the development. 4. Each of the additional bedrooms hereby approved shall only be occupied by one resident at any

one time and the overall number of residents at the home will only increase by one. Reason: To allow the extension without a restriction on the number of occupants could

result in an intensification of use which could lead to an increase in the number of staff; vehicular movements and direct loss of amenity for adjacent occupiers.

Documents

MIN BOOK 11 JAN 10 - East Northamptonshire