Agenda item

The Committee considered

·  The report of the Group Manager – Development Management on various applications for planning permission etc.

·  An Update Report by the Group Manager on Item No. 2, a copy of which is attached as Appendix 1 to these Minutes

·  Oral statements by members of the public etc. on Item Nos. 1, 2, 4 and 5, a copy of 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

Item 1 Greenlands, Bath Road, Farmborough – Erection of detached garage and creation of new driveway and provision of acoustic fence. Provision of additional patio doors and wc window to bungalow (Resubmission) – The Team Leader – Development Management reported on this application and the recommendation to grant permission subject to conditions.

The public speakers made their statements against and in favour of the application which was followed by a statement by the Ward Councillor Sally Davis.

Councillor Vic Pritchard considered that there was a consistency issue as apparently there was no difference between the earlier drawings and those provided for this scheme as pointed out by the Ward Councillor. He therefore moved that permission be refused which was seconded by Councillor Bryan Organ.

Members debated the motion. There was some support for the motion but most Members felt that the scheme had merit. It was considered that it was logical for the driveway to be provided for the garage and that it would be worse if the garage was at the top of the site on the main road. There were no good reasons to warrant refusal of permission. There was some discussion regarding the levels of the drive and the noise survey. The Team Manager – Development Management considered that, having listened to the debate, if Members wanted to refuse the application, the reasons as set on page 105 of the report could be relied upon to justify a refusal, namely, that the proposed ramped access, by reason of its design, size, height, bulk, mass and positioning, would have an overbearing impact upon the amenities of the occupiers of Conkers Cottage. This was accepted by the mover and seconder. He pointed to the reasons why permission should be granted as set out on page 106 of the report. The Chair summed up the debate and stated that he would not support refusal. Councillor Malcolm Lees requested that Officers ensure that the acoustic fence be of an appropriate standard should permission be granted.

After a long debate, the motion was put to the vote. Voting: 4 in favour and 8 against. Motion lost.

It was therefore moved by Councillor Rob Appleyard to accept the Officer recommendation to permit with conditions which was seconded by Councillor Dave Laming. The motion was put to the vote and was carried, 8 voting in favour and 4 against with 1 abstention.

Item 2 No 1 Rock Hall Cottages, Rockhall Lane, Combe Down, Bath – Erection of 1 dwelling and associated landscaping (Amendment of previously approved scheme Ref 13/04130/FUL) – The Case Officer reported on this application and her recommendation to grant permission with conditions. The Update Report advised that the recommended Condition 5 could be removed in view of the comments of the Land Contamination Officer.

The public speakers made their statements against and in favour of the application. The Ward Councillor Roger Symonds made a statement against the application.

Members asked questions regarding the increased size of the proposed development to which the Case Officer responded. Councillor Les Kew considered that this residential development and its size were appropriate for the site and moved approval of the Officer’s amended recommendation. The motion was seconded by Councillor Malcolm Lees.

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

Item 3 Ministry of Defence, Warminster Road, Bathwick, Bath – Demolition of existing buildings and erection of 206 dwellings, 2 accesses from Warminster Road, vehicular parking, open space, landscaping (including tree removal), pumping station and associated engineering works – This application was withdrawn from the Agenda at the request of the developer and was not considered

Item 4 Pinesgate, Lower Bristol Road, Westmoreland, Bath – Erection of an office building (Use Class B1) with basement parking, associated infrastructure and landscaping following the demolition of existing office building – The Case Officer reported on this application and her recommendation to (A) authorise the Group Manager, in consultation with the Planning and Environmental Law Manager, to enter into a S106 Agreement to secure various obligations; and (B) on completion of the Agreement, grant permission with conditions.

The representative of the applicants made a statement in support of the proposal which was followed by a statement by the Ward Councillor Ben Stevens who gave his reasons for supporting the application.

Councillor Ian Gilchrist (Ward Member on the Committee) considered that this was a good scheme with no objections having been received and he therefore moved the Officer recommendation but with the recommended Condition 3 regarding the use of natural Bath stone being removed. The motion was seconded by Councillor Rob Appleyard.

Members debated the motion. Councillor Les Kew raised 3 queries regarding the use of Bath stone; the number of jobs that could be created; and there being no S106 contributions on the basis of viability when the scheme had been assessed as attracting an estimated £2M of contributions. Councillor Manda Rigby also queried the roof materials and stated that she could not support the removal of Condition 3.

The Team Manager responded that confirmation of materials was required and there was concern regarding the use of brick. He referred to an e-mail in which the applicants’ agent had stated that a natural faced limestone façade was proposed (which was assumed to be Bath stone) but no sample had been received. A metal standing seam roof was proposed which was a fairly standard material. He also said that he considered that an agreement between Officers and the applicants could be reached about appropriate facing materials. The Team Manager continued by stating that a particular benefit of the proposal was that 589 jobs would be created. He also acknowledged that Members were concerned about the lack of financial contributions but the applicants had submitted a viability assessment in accordance with the Council’s Planning Obligations SPD and that this assessment had been checked by independent external consultants who confirmed that the proposal would not be viable if financial contributions were sought.

Members continued to discuss the issues of materials and the possibility of a road widening scheme at this point was raised. Some Members considered that a deferral would be a better way to proceed in view of some matters still needing confirmation. Councillor Rob Appleyard decided to withdraw his seconding of the motion and then moved that consideration be deferred for further details and samples of materials to be provided for Committee. The motion was seconded by Councillor Les Kew who also requested a technical briefing for Members on viability.

The motion was put to the vote and was carried, 11 voting in favour and 0 against with 1 abstention.

(Note: Councillor Bryan Organ left the meeting after consideration of this Item)

Item 5 Western Riverside Development Area, Midland Road, Westmoreland, Bath – Approval of reserved matters with regard to outline application Ref 06/01733/EOUT for the erection of 97 residential dwellings (Blocks B5 and B16), 750sq m of ground floor commercial uses, erection of bin and cycle stores, plant and associated landscaping works – The Case Officer reported on this application and his recommendation to grant permission with conditions. He updated the meeting and informed that the Health and Safety Executive had withdrawn their objection. The Ward Councillor June Player had sent a representation setting out her concerns and the reasons for objecting to the proposals.

The representative of the applicants made a statement in support of the proposals.

Councillor Dave Laming raised the issue of flood alleviation measures to which the Case Officer responded. Councillor Rob Appleyard was in favour of the proposals and moved the Officer recommendation which was seconded by Councillor Dave Laming.

Members briefly debated the motion and expressed their thanks to the applicants for producing such a good and innovative scheme.

The motion was put to the vote and was carried, 10 voting in favour and 0 against with 1 abstention.

Item 6 Hazeldene, Hazel Terrace, Westfield, Radstock – Erection of 2 semi-detached houses – The Case Officer reported on this application and her recommendation to grant permission with conditions.

Councillor Rob Appleyard as Ward Member on the Committee opened the debate. He considered that the development would fit in well with the existing development and would not be detrimental to the amenities of adjoining residents. He therefore moved approval of the Officer’s recommendation which was seconded by Councillor Manda Rigby.

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