Agenda item

The Committee considered

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

·  Oral statements by members of the public etc on Item Nos 1-4 and 6 and 7, the Speakers List being attached as Appendix 1 to these Minutes

·  An Update Report by the Group Manager on Item Nos 1 and 3, a copy of which report being attached as Appendix 3 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

Item 1 Recreation Ground, Pulteney Mews, Bathwick, Bath – Retention and/or replacement of, and extensions to, the existing temporary spectator stands along the north, west and eastern sides of the retained playing field (as approved under planning permission references 09/01319/FUL, 10/01609/FUL, 10/01608/FUL, 10/01611/FUL), provision of new hospitality boxes to either side of the retained south stand, new control room and associated works and ancillary facilities comprising toilets and food and bar facilities (temporary application for period of up to 2 years) – The Case Officer reported on this application and his recommendation to grant permission with conditions. He referred to the Update Report which made a correction to the Main Report and set out further representations received and his further comments.

The public speakers made their statements against and in favour of the proposals.

Councillor Manda Rigby stated that Members had not had an opportunity to read all of the submissions from the public and that deferral for a Site Visit would be beneficial. She therefore moved that the application be deferred for a Site Visit for the site to be viewed in the context of its surroundings. This was seconded by Councillor Ian Gilchrist.

The motion was put to the vote and was carried, 7 voting in favour and 0 against with 3 abstentions.

Item 2 The Old Timber Yard, Tyning Road, Bathampton, Bath – Outline planning application with all matters reserved, except of means of access for a residential development (15 units) following the demolition of existing buildings and associated parking, landscaping and ancillary works and relocation of mast – The Consultant Planning Officer reported on this application and the recommendation to authorise the Group Manager for Development, in consultation with the Planning and Environmental Law Manager, to a) enter into a S106 Agreement to secure financial contributions towards street lighting improvements and educational provision and the provision of affordable housing; and b) upon completion of the Agreement, grant permission subject to conditions. He stated that this was not agricultural land and not an MOD Safeguarded Area as stated in the Report. The Core strategy had also been found sound but this did not mean that the planned delivery of 13,000 houses was a cap. He continued by stating that the proposal complied with the NPPF in that it proposed development of previously developed land and was not considered to have an adverse impact on the openness of the Green Belt.

The applicants’ agent made his statement in support of the application which was followed by statements by the Ward Councillors Geoff Ward and Terry Gazzard who supported the proposal.

Based on the mitigation measures to be imposed, Councillor Bryan Organ moved the Officer recommendation which was seconded by Councillor Vic Pritchard.

Members debated the motion. After a brief discussion regarding the Bath Transport Package and whether the potential use of the site for Park and Ride east of Bath was a material consideration, the motion was put to the vote. Voting: 9 in favour and 1 against. Motion carried.

Item 3 Radway Service Station, 482 Wellsway, Odd Down, Bath – Demolition of the existing Radway Service Station and dwelling house at 2 Oolite Road to provide 5 small scale student cluster flats (Resubmission) – The Case Officer reported on this application and his recommendation to (A) authorise the Group Manager for Development to grant permission subject to the applicant entering into an Agreement under S106 of the Town and Country Planning Act 1990 to secure various provisions relating to Public transport, Formal open space and a Site Management plan; and (B) subject to the prior completion of the Agreement, authorise the Group Manager for Development to grant permission subject to conditions (or such conditions as he may determine). He reported the receipt of 2 further objections and corrected a reference in the report to read National Planning Practice Guidance 2014.

The public speakers made their statements against and in favour of the application.

Members discussed the issues and asked questions to which the Officers responded. Councillor Ian Gilchrist considered that the application was acceptable and moved the Officer recommendation which was seconded by Councillor Bryan Organ.

Members debated the motion. The Chair referred to flooding issues which he felt were not a big problem given its location. He observed that the design was not in the local vernacular and also expressed reservations about attempting to make students park their cars 2km away from the building as recommended in the terms of the S106 Agreement. Members considered that it would be more appropriate to request that tenants do not have cars at all. The mover and seconder agreed to vary the motion accordingly.

The amended motion was put to the vote. Voting: 9 in favour and 0 against with 1 abstention.

(Note: At 5.35pm after this decision, the Committee adjourned for a Tea break for approximately 25 minutes.)

Item 4 No 21 Woodland Grove, Claverton Down, Bath – Erection of 3 detached dwellings following demolition of a single dwelling and garage – The Case Officer reported on this application and his recommendation to (A) authorise the Group Manager for Development to grant permission subject to the applicant entering into an Agreement under S106 of the Town and Country Planning Act 1990 to secure financial contributions towards the provision of Formal open space; and (B) subject to the prior completion of the above Agreement, authorise the Group Manager for Development to grant permission subject to conditions (or such conditions as he sees fit).

The Ward Councillor David Martin made a statement raising various concerns about the proposal.

Councillor Ian Gilchrist agreed with these comments and therefore moved that the Officer’s recommendation be overturned and permission be refused which was seconded by Councillor Vic Pritchard.

Members debated the motion. It was considered that reasons for refusal would be that it was over development and the design was out of character with the street scene and adjoining properties.

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

Item 5 Druid Farm, Pensford Lane, Stanton Drew – Erection of new building following the demolition of existing dwelling for storage purposes – The Case Officer reported on this application and his recommendation to refuse permission.

Councillor Bryan Organ agreed with the Officer’s conclusions and therefore moved the Officer’s recommendation. The motion was seconded by Councillor Liz Hardman who outlined the reasons for supporting the motion.

The Chair put the motion to the vote which was carried unanimously.

(Note: After this decision, Councillor Doug Nicol left the meeting.)

Item 6 Abbey Hotel, 1 North Parade, Bath – Change of use of public highway to allow temporary siting of chalet to house outside catering bar – The Case Officer reported on the application and his recommendation to refuse permission.

The applicant made a statement in support of his proposal and stated that he would accept a 3 year permission.

Councillor Manda Rigby, as Ward Member on the Committee, opened the debate. She considered that the duration of this temporary structure would extend the festive season and it would only be for 3 years. Councillor Vic Pritchard read out a statement prepared by the other Ward Councillor Brian Webber.

Councillor Liz Hardman agreed that this was a temporary structure, the use would extend the festive season in this part of the City and the permission would only be for 3 years. She therefore moved that the Officer recommendation be overturned and that Officers be authorised to grant permission for a 3 year trial period subject to appropriate conditions. The motion was seconded by Councillor Gerry Curran.

Members debated the motion. The number of days that the structure would be erected was discussed. The Team Manager – Development Management stated that the duration would be 45 days in a 12 month period and that a condition would need to be added to remove permitted development rights.

The Chair summed up the debate and put the motion to the vote. Voting: 8 in favour and 0 against with 1 abstention. Motion carried

(Note: Councillors Vic Pritchard and David Veale left the meeting after this decision.)

Item 7 End Farm, St Catherine Lane, St Catherine – Provision of field gate onto St Catherine Lane adjacent to junction to Beek’s Lane allowing access to 3 agricultural fields east of Beek’s Lane formerly accessed via Beek’s Lane (Retrospective) (Resubmission) – The Case Officer reported on this application and his recommendation to refuse permission.

The public speakers made their statements against and in favour of the proposal.

Councillor Bryan Organ relayed the views of the Ward Councillors Martin Veal and Geoff Ward who supported the recommendation to refuse permission. The Principal Solicitor responded to a Member’s query about the relevance of private ownership rights.

Councillor Bryan Organ agreed with the Officer’s recommendation and therefore moved that permission be refused which was seconded by Councillor Liz Hardman.

The motion was put to the vote and was carried, 6 voting in favour and 0 against with 1 abstention.