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 desired

Apologies for absence were received from Councillors Ian Gilchrist, Eleanor Jackson, Les Kew and Bryan Organ and their respective substitutes were Councillors Neil Butters, Rob Appleyard, Sally Davis and Vic Pritchard

At this point in the meeting declarations of interest are received from Members in any of the agenda items under consideration at the meeting. Members are asked to indicate:

(a) The agenda item number and site in which they have an interest to declare.

(b) The nature of their interest.

(c) Whether their interest is a disclosable pecuniary interest or other interest  (as defined in Part 2, A and B of the Code of Conduct and Rules for Registration of Interests)

Any Member who needs to clarify any matters relating to the declaration of interests is recommended to seek advice from the Council’s Monitoring Officer before the meeting to expedite dealing with the item during the meeting.

Councillor Sally Davis stated that she had predetermined the planning application for development of land between Old Lane and Congyre Brook, Farmborough (Report 10). She would therefore make a statement as Ward Member and then leave the meeting for its consideration. Councillor Martin Veal stated that, regarding the applications at the Church Hall, School Lane, Batheaston (Items 1&2, Report 11), he had considered his position in accordance with the Members’ Code of Conduct and concluded that he had no  interest to declare. He would therefore speak and vote on the applications. With regard to the same Items, Councillor Doug Nicol stated that he had attended public meetings relating to these applications and he also had no interest to declare.

There were no items of Urgent Business

The Senior Democratic Services Officer informed the meeting that there were members of the public etc wishing to make statements on the Enforcement Items relating to Opa, North Parade, Bath (Report 13) and The Quarry, Eastcourt Road, Temple Cloud (Report 14) and they would be able to do so when reaching those items on the Agenda. There were also numerous members of the public wishing to speak on the planning applications in Reports 10 and 11 and that they would be able to do so when reaching their respective Items in those Reports.

Councillor Gabriel Batt presented a Petition signed by 309 people in support of the proposals to erect a new Village Hall to replace the Church Hall at School Lane, Batheaston.

The Chair received the petition which would be taken into account when considering the planning applications on these proposals later in the meeting.

To approve as a correct record the Minutes of the previous meeting held on Wednesday 8^th May 2013

The Minutes of the previous meeting held on 8^th May 2013 were approved as a correct record and were signed by the Chair

The Development Manager to report

The Chair stated that there was no update on major developments for this meeting but, if Members had any queries prior to the next meeting, they could contact Lisa Bartlett, Development Manager.

The Committee considered

·  The report of the Development Manager on an application for planning permission on land between Old Lane and Conygre Brook, Farmborough

·  An Update Report by the Development Manager which recommended a further condition, the Report being attached as Appendix 1A to these Minutes

·  Oral statements by members of the public etc, the Speakers List being attached as Appendix 2 to these Minutes

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

Land between Old Lane and Congyre Brook, Old Lane, Farmborough – Erection of 12 dwellings and construction of vehicular and pedestrian accesses following demolition of bungalow – The Planning Officer reported on this application for outline planning permission and the recommendation to authorise the Development Manager, in consultation with the Planning and Environmental Law Manager, to enter into a S106 Agreement to secure various provisions relating to Transport, Affordable Housing, and Open Space and Recreational Activities; and to grant permission subject to various conditions.

The public speakers made their statements on the application. The Ward Councillor Sally Davis made a statement against the application and then left the meeting for its consideration.

Members asked questions to which Officers responded. Various issues were raised by Members including the possibility of protecting the adjoining hillside (in the applicants’ ownership), the number of houses that could be built within the village, the lack of facilities in the village, the visual impact of the development etc.

Councillor Brian Webber considered that this was an appropriate development site being within the Housing Development Boundary and would not be detrimental to the character of this part of the village. He therefore moved the approval of the Officer’s recommendation which was seconded by Councillor Liz Hardman.

Members debated the proposals. Councillor Liz Hardman considered that the adjoining hillside should be protected from further development and that affordable housing should be included. The Team Leader – Development Management stated that a legal agreement could cover the protection of the hillside and that affordable housing of 35% was included in the proposals. Councillor Brian Webber accepted the amendment to protect the hillside.

The motion was put to the vote and was carried, 8 voting in favour and 4 against.

(Note: Councillor Sally Davis returned to the meeting for the remainder of the meeting)

The Committee considered

·  The report of the Development Manager on various planning applications etc

·  An Update Report by the Development Manager on Item Nos 3 and 8 which is attached as Appendix 1B to these Minutes

·  Oral statements by members of the public etc on Item Nos 1, 2, 7-11, 13 and 14, the Speakers List being 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 4 to these Minutes

Items 1&2 Church Hall, School Lane, Batheaston – 1) Demolition of existing Church Hall; and 2) erection of a new single storey village hall building including multi-use main hall, activity rooms, kitchen, toilets and stores and associated external works to provide accessible access to the hall and fields following demolition of the existing Church Hall – The Case Officer reported on these applications and the recommendations to grant conservation area consent to demolish with conditions and to grant planning permission with conditions. She read out an Update Report and referred to further representations received.

The public speakers made their statements against and in favour of the proposals. The Ward Councillors Gabriel Batt and Geoff Ward made statements on the proposals.

Councillor Martin Veal (Ward Member on the Committee) stated that he had not prejudged the applications. A replacement hall was needed as facilities were limited. There could be issues of noise and lack of parking that could impact on the amenities of the area. However, it was a good design, accessible and available for a number of uses. It was also not contrary to planning policies. On balance, he supported the proposals but would reserve judgment and listen to the debate.

Members considered the proposals and discussed various issues including the number and type of events proposed, the high number of objectors, the impact on nearby residents, the proposed increased size and capacity of the hall etc. The Team Leader – Development Management stated that Condition 7 could be amended to require a log of finishing times of all events finishing after 11pm. Any complaints raised by residents would be investigated in the normal manner. The Case Officer responded to various questions raised by the Chair.

Councillor Brian Webber moved the Officer’s recommendations. He considered that a replacement hall was required and this proposal was of appropriate size and design. It had a number of beneficial features such as including a theatre facility and would be acoustically protected. On the whole, it was a good scheme. However, he moved that a condition be imposed regarding keeping a log of the number and type of events that were held on an annual basis. Councillor Liz Hardman seconded the motion. She considered that parking was always a problem in this location but a Green Travel Plan would help. Local residents would no doubt assist in monitoring events held in the hall.

The Chair supported the proposal and summed up the debate.  ...  view the full minutes text for item 11.

To consider a recommendation to authorise enforcement action relating to various unauthorised works.

The Committee considered the report of the Development Manager which recommended that enforcement action be authorised for various unauthorised works at the above land.

The Case Officer reported on the planning contraventions and stated that some work had already been undertaken by the owners to regularise the situation. However, there were still a number of issues which needed to be addressed and on which authorisation for enforcement action was being sought, including a period for compliance, namely:

·  Removal of the poultry units (2 months from Notice)

·  Removal of the caravan (2 months from Notice)

·  Removal of the shed and dog kennel (2 months from Notice)

·  Removal of the shipping container (2 months from Notice)

·  Removal of the lambing shed (2 months from Notice)

The Officer outlined those works on which it was considered that enforcement action was not required.

Councillor Martin Veal thanked the Officer for his report and welcomed the progress made to date on regularising the situation at the site. He stated that the site needed to be monitored closely. Councillor Martin Veal moved that enforcement action be authorised for the planning contraventions outlined above. He requested that Officers report back to Committee in 2 months. After advice from the Team Leader – Development Management, he requested that a report be submitted to the September meeting of the Committee. The motion was seconded by Councillor David Martin.

The motion was put to the vote and was carried unanimously.

RESOLVED that delegated authority be granted to the Development Manager, in consultation with the Planning and Environmental Law Manager, to take any necessary enforcement action on behalf of the Local Planning Authority in respect of the alleged planning contraventions outlined above by exercising the powers and duties of the Authority (as applicable) under Parts VII and VIII of the Town and Country Planning Act 1990 (including any amendments to or re-enactments of the Act or Regulations or Orders made under the Act) in respect of the above property.

General Note:

This specific delegated authority will, in addition to being the subject of subsequent report back to Members in the event of enforcement action being taken, not being taken or subsequently proving unnecessary as appropriate, be subject to:

(a)  All action being taken on behalf of the Council and in the Council’s name;

(b)  All action being subject to statutory requirements and any aspects of the Council’s strategy and programme;

(c)  Consultation with the appropriate professional or technical officer of the Council in respect of matters not within the competence of the Divisional Director of Planning and Transport Development; and

(d)  Maintenance of a proper record of action taken.

To consider a recommendation to authorise enforcement action relating to the unauthorised material change of use from a restaurant to a mixed use of restaurant, bar and nightclub

The Committee considered the report of the Development Manager recommending that enforcement action be authorised for the unauthorised material change of use from a restaurant to a mixed use of restaurant, bar and nightclub.

The Enforcement Manager reported on the breaches of planning control on which authorisation for enforcement action was being sought.

The public speakers made statements in support of enforcement action (see Speakers List Appendix 2)

Councillor Manda Rigby referred to the noise and vibration from the use of this building as a nightclub in a Georgian terrace with residents living in adjoining buildings. The club was open quite late and local residents could not sleep because of the noise. She moved that enforcement action be authorised for the breaches of planning control. The motion was seconded by Councillor Brian Webber.

Members debated the motion and considered that the use as a nightclub was unacceptable. The Chair supported enforcement action and put the motion to the vote which was carried unanimously.

RESOLVED that delegated authority be granted to the Development Manager, in consultation with the Planning and Environmental Law Manager, to take any necessary enforcement action on behalf of the Local Planning Authority in respect of the alleged planning contravention as outlined by exercising the powers and duties of the Authority, as applicable, under Parts VII and VIII of the Town and Country Planning Act 1990 (including any amendments to or re-enactments of the Act or Regulations or Orders made under the Act) in respect of the above premises.

General Note:

This specific delegated authority will, in addition to being the subject of subsequent report back to Members in the event of enforcement action being taken, not being taken or subsequently proving unnecessary as appropriate, be subject to:

(a)  All action being taken on behalf of the Council and in the Council’s name;

(b)  All action being subject to statutory requirements and any aspects of the Council’s strategy and programme;

(c)  Consultation with the appropriate professional or technical officer of the Council in respect of matters not within the competence of the Divisional Director of Planning and Transport Development; and

(d)  Maintenance of a proper record of action taken.

To consider a recommendation to authorise enforcement action relating to the unauthorised material change of use of a workshop (B2) to a mixed use of dwelling (C3) and business activities (B1) and the unauthorised siting of a mobile home

The Committee considered the report of the Development Manager which recommended that enforcement action be authorised for the unauthorised development comprising the rebuilding and extension of an industrial building together with an unauthorised material change of use of a workshop (B2) to a mixed use of dwelling (C3) and business activities (B1) and the unauthorised siting of a mobile home.

The Enforcement Manager reported on the breaches of planning control.

The owners’ agent made a statement against enforcement action being taken (see Speakers List Appendix 2)

Councillor Martin Veal opened the debate and felt that some negotiation should have taken place with the owners to obviate the need for a report to come to Committee. He considered that the works did not require enforcement action to be taken as the site was well kept and was not intrusive as it could not be seen. He therefore moved that it was not expedient to take enforcement action on these works. The motion was seconded by Councillor Doug Nicol.

Members debated the motion. Some Members felt that some action should be taken to address the issues outlined by the Officer. However, there was sympathy for the owners. The Chair stated that he felt that Members did not want enforcement action to be authorised and that some negotiation should take place. The motion was discussed in detail with a view to obtaining the best course of action. Councillor Martin Veal amended the wording of his motion so that it was not expedient to take enforcement action at this time.

The wording of the motion was discussed further. Councillor Martin Veal submitted a new motion which was seconded by Councillor Gerry Curran. The new motion was put to the vote and approved unanimously.

RESOLVED that any enforcement action be deferred for a period of 6 months in order to allow the owners to regularise the situation

To consider a recommendation to confirm a Tree Preservation Order with a modification to protect 2 groups of trees

The Senior Arboricultural Officer submitted a report which (i) referred to an objection received to the Tree Preservation Order provisionally made on 1^st February 2013 to protect all trees within the area A1 on the Plan which make a contribution to the landscape and visual amenity of the area; and (ii) recommended that the Order be confirmed with a modification to protect 2 Groups of trees as shown on the Modified Plan.

The Officer reported on the matter.

RESOLVED to confirm the Tree Preservation Order entitled “Bath and North East Somerset Council (Redhill House, Red Hill, Camerton No 5) tree Preservation Order 2013 with a modification to protect 2 Groups of trees, namely, a group of 6 Sycamores in the north eastern corner which are located to the north of the existing entrance, and a group of 7 Sycamores, 1 Pine and 1 Blue Atlas Cedar which are located along and near to the eastern boundary by the road commencing from the south of the existing entrance.

(Notes: (1) Voting: 10 in favour and 0 against with 1 abstention; and (2) Councillor Martin Veal was absent from the meeting for this item)

To consider a recommendation to confirm a Tree Preservation Order to protect a group of trees

The Senior Arboricultural Officer submitted a report which (i) referred to an objection received to a Tree Preservation Order provisionally made on 21^st February 2013 to protect a Group of 3 Alders identified as G1 on the Plan which make a contribution to the landscape and visual amenity of the area; and (ii) recommended that the Order be confirmed without modification.

The Officer reported on the matter.

RESOLVED to confirm the Tree Preservation Order entitled “Bath and North East Somerset Council (Land between Vivien Avenue and Wellow Brook, Midsomer Norton No 30) Tree Preservation Order 2013 without modification.

(Voting: unanimously in favour)

Members noted the report

Councillor Martin Veal extended his thanks to Councillors Neil Butters and David Martin who would be replaced by other Members of the Lib Dem Group for this Municipal Year. Members echoed these sentiments. The Chair pointed out that Councillor Nicholas Coombes would also come off the Committee and that Councillor Ian Gilchrist had been nominated as one of the replacements.

The Committee noted.