Agenda and minutes

The Chair will ask the Committee Administrator to draw attention to the emergency evacuation procedure as set out under Note 6

The Senior Democratic Services Officer read out the procedure

A Vice Chair was not required

There was none

Members who have an interest to declare are asked to state:

(a) the Item No and site in which they have an interest; (b) the nature of the interest; and (c) whether the interest is personal or personal and prejudicial.

Any Member who is unsure about the above should seek advice from the Monitoring Officer prior to the meeting in order to expedite matters at the meeting itself.

The Chair declared a personal but non-prejudicial interest in the planning application at 40 Audley Park Road, Bath (Item 3, Report 12) as he was previously acquainted with the objector. He would therefore still speak and vote on the matter.

Later in the meeting and immediately before the Committee considered the application at 40 Audley Park Road, Councillors Nicholas Coombes and Doug Nicol declared personal but non-prejudicial interests on this item for similar reasons and they would therefore speak and vote on the application.

There was none

The Senior Democratic Services Officer informed the meeting that there were members of the public etc wishing to make statements on the Tree Preservation Orders and former Fullers Earthworks reports and that they would be able to do so when reaching those items on the Agenda. There were also various people wishing to speak on the planning applications in Report 12 and they would be able to do so when reaching their respective items in that Report.

There was none

To approve as a correct record the Minutes of the Special meeting held on Friday 30^th March and the last meeting held on Wednesday 11^th April 2012

The Minutes of the meetings held on Friday 30^th March and 11^th April 2012 were approved by Members as correct records and were signed by the Chair

(Note: Councillor Martin Veal abstained from voting)

The Senior Professional – Major Developments to provide an oral update

The Senior Professional – Major Development updated the Committee on developments at (i) the University of Bath by stating that a revised Master Plan was anticipated to be made public later this month; and (ii) the former Cadbury’s site, Somerdale, Keynsham, informing that the developers, Taylor Wimpey, were holding stakeholder workshops and that a Master Plan would be drafted before the end of this month when he would advise Members accordingly.

Members asked questions about the Bath University development to which the Officer responded.

The Committee noted the update report.

Referring to the Site Visit held on 30^th April, to consider a report by the Senior Arboricultural Officer recommending that this Tree Preservation Order be confirmed without modification

Referring to the Site Visit made on 30^th April 2012, the Committee considered the report of the Senior Arboricultural Officer which (1) referred to a Tree Preservation Order provisionally made on 15^th December 2011 to protect a group of trees on land at Gaia, Widcombe Hill, Bath, as they made a significant contribution to the landscape and amenity of the area; (2) advised that an objection to the Order had been made by the owners of the property; (3) informed that a number of local residents supported the Tree Preservation Order; and (4) considered the objection and recommended that the Order be confirmed without modification.

The Senior Arboricultural Officer reported on the matter by means of a power point presentation. She emphasised that the amenity value of the trees was on the basis that they were a group. Members asked questions about the matter to which the Officer responded. In particular, some Members queried whether the Committee could modify the Order so that it only applied to 2 of the 3 trees. The Senior Legal Advisor advised that, whilst it was possible for the Committee to do that, Members should bear in mind that the amenity value of the trees had been assessed on the basis of their value as a group. The owner of the property made a statement against the Order being confirmed (see Appendix 1 Speakers List)

On the basis of the significance of the trees on the streetscene, Councillor Eleanor Jackson moved that the Officer recommendation be approved which was seconded by Councillor Les Kew. Members asked further questions to which the Senior Arboricultural Officer responded accordingly. She informed the Committee that, even with the Order being confirmed, work could still be undertaken to the trees in the future by applying for the necessary consent.

RESOLVED to confirm the Tree Preservation Order entitled “Bath and North East Somerset Council (Gaia, Widcombe Hill, Bath No 268) Tree Preservation Order 2011” without modification.

(Voting: 7 in favour and 3 against with 2 abstentions)

To consider a report by the Senior Arboricultural Officer recommending that the Tree Preservation Order be confirmed without modification

The Committee considered the report of the Senior Arboricultural Officer which (1) referred to a Tree Preservation Order provisionally made on 5^th January 2012 to protect a Pine tree in the garden of 108 Bloomfield Road, Bath, as it made a significant contribution to the landscape and amenity of the area; (2) advised that an objection to the Order had been made by the owner of the property; and (3) considered the objection and recommended that the Order be confirmed without modification.

The Senior Arboricultural Officer reported on the matter by means of a power point presentation. The owner of the property made a statement against the Order being confirmed (see Appendix 1 Speakers List). Members asked questions about the tree to which the Officer responded accordingly.

On the basis that the tree was not considered worthy of preservation as it did not add to the amenity of the area, Councillor Bryan Organ moved that the Order not be confirmed which was seconded by Councillor Martin Veal. Members debated the motion. The Committee were divided on the matter with some Members considering that the tree added to the landscape and amenity of the area and others considering that it was not significant enough to warrant retention. The motion was put to the vote. Voting: 5 in favour and 7 against. Motion lost.

It was therefore moved by Councillor Nicholas Coombes and seconded by Councillor Doug Nicol and RESOLVED to confirm the Tree Preservation Order entitled “Bath and North East Somerset Council (108 Bloomfield Road, Bath No 269) Tree Preservation Order 2012” without modification.

(Voting: 7 in favour and 5 against)

The Committee considered

·  A report by the Development Manager on various applications for planning permission etc

·  Oral statements by members of the public etc on Item Nos 1-6, the Speakers List being attached as Appendix 1 to these Minutes

·  An Update Report by the Development Manager on Item Nos. 1, 2, 4 and 5, a copy of which report is attached as Appendix 2 to these Minutes

RESOLVED that, in accordance with their delegated powers, the applications be determined as set out in the Decisions List attached as Appendix 3 to these Minutes

Items 1&2 Cranwell House, Weston Park East, Upper Weston, Bath – Erection of a building adjacent to listed building following demolition of classroom units and outbuildings and refurbishment and alterations to listed building with associated landscape and engineering works including new retaining wall (Ref 12/00277/FUL & 12/00278/LBA) – The Planning Officer and the Senior Conservation Officer reported on these applications for planning permission and listed building consent respectively and their recommendations to (1) Authorise the Development Manager to Permit subject to conditions and the securing of the £10,000 contribution through a legal agreement; and (2) Delegate to Consent subject to appropriate conditions. The Update Report (i) provided further information on the planning application and revised the highway conditions numbered 2) – 7) in the Main Agenda; and (ii) recommended conditions on the listed building application. The Planning Officer reported the receipt of a letter of support from the Ward Councillor Colin Barrett on the proposals. He also advised Members that a signed Unilateral Undertaking had recently been received from the applicants and his recommendation was accordingly modified to Delegate to Permit subject to the Council approving the Unilateral Undertaking.

Various members of the public etc made statements on the applications which were followed by a statement by the Ward Councillor Malcolm Lees who raised concerns about the proposals. The Chair read out a letter of support received from the other Ward Councillor Colin Barrett. The Ward Member for the adjoining Ward of Lansdown, Councillor Patrick Anketell-Jones, made a statement supporting the proposals. The Chair made some general comments about the proposals for Members to bear in mind when considering the applications.

Councillor Les Kew fully supported the proposals and moved the Officers’ recommendations to Delegate to Permit/Consent with conditions etc. This was seconded by Councillor Eleanor Jackson. Members debated the motions. Most Members were supportive of the proposals. The Team Leader – Development Management drew Members’ attention to the revised highway conditions in the Update Report. The motions were put to the vote. Voting on planning application (Ref 12/00277/FUL): Unanimously in favour. Voting on listed building application (Ref 12/00278/LBA): 11 in favour and 0 against with 1 abstention.

Item 3 No 40 Audley Park Road, Lower Weston, Bath – Erection of balcony, rendering of garage and utility and alterations to 2 storey side extension (Retrospective)(Ref 12/00488/FUL) – The Case Officer reported on this application and her recommendation to Permit with conditions. (Councillors Coombes and Nicol declared  ...  view the full minutes text for item 176.

Councillor Eleanor Jackson congratulated the Officers on the success rate in appeals being dismissed.

The Committee noted the report.

To consider a report by the Divisional Director of Planning and Transport Development and the Planning and Environmental Law Manager

The Committee considered a joint report by the Divisional Director of Planning and Transport Development and the Planning and Environmental Law Manager regarding this site and which (1) referred to the decision of the Special meeting of this Committee held on 30^th March 2012 at which it was requested that a further report be submitted to this meeting. The March Committee resolved:

(i)  To note that material progress had been made in relation to the Committee’s resolution of 5^th January 2012 and that Officers were making progress in negotiations with the site owner’s Agent with a view to bringing forward a Residual Waste Facility on the site;

(ii)  That Officers continue to work with the site owner’s Agent to secure the delivery of a Residual Waste Facility on the land;

(iii)  That, in the light of progress on negotiations, it was not considered to be expedient to take enforcement action today (30^th March 2012) against the breaches of planning control currently identified at the site as set out in the previous report to the Committee;

(iv)  That an update report be submitted to the Committee in May to ensure that no immunity from enforcement action occurs in respect of the alleged breaches of planning control; and

(v)  That enforcement action be considered and appropriate weight be given to the issue of the expediency in the light of the update report.

An update report provided further information on the matter and slightly amended the recommendation. The Chair introduced this item. Councillor Martin Veal stated that a formal complaint had been lodged against him in respect of this item on the Agenda regarding the land at the former Fullers Earthworks. In light of this, he had been advised that it would be inappropriate for him to take part in the discussions or decision with regard to this matter. He would therefore withdraw from the Committee when this item was being considered which he proceeded to do.

Mr Harwood, the Council’s Planning Consultant, reported on the matter by means of a power point presentation and took the Committee through aerial photographs taken over recent years and some taken at the recent Site Visit attended by Members on 19^th March this year. He drew the Committee’s attention to the Update Report and late representations received and advised that Local Plan policies were consistent with the National Planning Policy Framework (NPPF).

Mr Herbert, the Council’s Waste and Minerals Consultant, reported by means of a power point presentation on the pre-application proposals that had been submitted by the owner. These had been considered by the Development Team who found them to be unacceptable for various reasons but that, with revisions, they could be satisfactory.

The public speakers made their statements on the matter. The Chair then stated that there were 3 issues for consideration, namely, whether or not they accept the Officers’ findings that there were breaches of planning control on the land; if they accept that there were breaches, then the  ...  view the full minutes text for item 178.