Agenda item

The Committee considered

·  The report of the Group Manager – Development Management on a planning application by Bath Rugby Ltd on the Bath Recreation Ground

·  Oral statements by members of the public etc., the Speakers List being attached at Appendix 1 to these Minutes

·  An Update Report by the Group Manager on this application, which Report is 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

Recreation Ground, Pulteney Mews, 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 permission references 09/01319/FUL, 10/01609/FUL, 10/01608/FUL, and 10/01611/FUL), provision of new hospitality boxes to either side of 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 subject to conditions. The Update Report contained references to further representations and Officer’s observations.

The public speakers made their statements against and in favour of the application. The Chair responded to some of the issues raised by Steve Osgood in his statement.

Councillor Tim Warren stated that he was a season ticket holder of Bath Rugby Club and queried whether this amounted to an interest that he needed to declare. The Senior Legal Adviser stated that it was a matter for Councillor Warren’s judgement in accord with Members’ Code of Practice to consider whether his participation in the item was reasonable as it may be an interest but not a disclosable pecuniary interest.

The Chair referred to a letter sent to Members and Officers by the Friends of the Bath Residents’ Recreation Ground alleging, amongst other matters, that a decision by the Committee would be illegal. The Senior Legal Adviser stated that these issues were of a property nature and not planning – if permission were granted, it would be for the Recreation Ground Trust to consider these issues. He responded to some aspects raised by Councillor Malcolm Lees regarding the possibility of Members being charged and held liable for any possible wrongdoing in determining the application. The Chair summed up the advice given. However, Councillor Lees considered that, without a guarantee that Members would be indemnified from prosecution etc., consideration of the application should be deferred, and he so moved. The motion was seconded by Councillor Dave Laming. Members briefly debated the motion. Councillor Manda Rigby (Ward Member on the Committee) considered that a decision should be taken today but that a definitive legal statement was required to differentiate between property and planning matters and that one did not have a bearing on the other. The motion was then put to the vote which was lost, only 2 Members voting in favour and a substantial majority against.

The Ward Councillor Brian Webber then made a statement in support of the proposal.

Councillor Manda Rigby expressed some concerns regarding the North Stand being raised to 9m and additional hospitality boxes which would impair some of the views. There would also be an increase in the number of fans attending and this was an Air Quality Management Area so there was a requirement to mitigate the impact. The Officers responded to some of the issues raised. Councillor Martin Veal considered these issues and decided to move the Officer’s recommendation to grant permission with conditions which was seconded by Councillor Bryan Organ.

Members debated the motion. The Chair commented on the application. There was an incremental increase in size and the Rugby Club would need to resolve any issues. The Rec was an important site but there was good tree cover, particularly in the summer, and the application proposed a temporary period of just 2 years. The site was close to existing transport links, although a park and ride facility on the east side of Bath was desirable for visitors from Wiltshire. He personally supported the proposal.

The motion was put to the vote and was carried, 10 voting in favour and 0 against with 3 abstentions (Note: Councillor Tim Warren did not take part in the debate and abstained from voting).