Meeting documents
Cabinet
Wednesday, 9th July, 2003
ANNEX 1
Bath & North East Somerset Local Plan including
minerals & waste policies Deposit Draft 2002
Consideration of Late Representations Received after
the Deposit Period January 18th - February 28th 2002 and Other Non
`Duly Made' Representations
1.0 Introduction
1.1 Non `duly made' representations are those which the Council do not need to consider because, for example, they are received late or deal with matters outside the scope of the Local Plan.
2.0 Late Representations
2.1 27 representations were received after the deadline of Thursday 28th February and hence are late representations. These are listed below.
Dealing with Late Representations
2.2 Government guidance and the Inspectorate advise that a robust approach is taken with late representations.
2.3 If an objection is not `duly made', for example because it is sent in late, the authority are not obliged to consider the objection. However, late objections may be considered where there are exceptional circumstances. The authority are advised not to exercise their discretion lightly or extensively; to do so would appear to condone late objections and could lead to further disputes.
2.4 Where late representations are considered, the objector does not have the right to appear at the inquiry although the Inspector may exercise discretion. The table below shows that of the 28 late representations, 14 arrived Friday on the 1st March, the day after the deadline; 9 arrived after the Friday by the following Tuesday (5th March) and the remaining 5 arrived in the following and subsequent weeks.
2.5 In light of Government Guidance, the Local Plan Project Group agreed to accept those representations which arrived on Friday 1st March immediately after the deadline. This would allow for any postal difficulties such as letters which were posted 1st class but took 2 days or more to arrive. This allows for legitimate postal difficulties whilst at the same time does not appear to condone late objections.
LATE REPRESENTATIONS
Respondent |
Address |
Form of Rep |
Date Received |
A.D. Thackara |
Bath |
Rep form |
1/03/02 |
Ms J. Brown |
Keynsham |
Rep form |
1/03/02 |
Mr. & Mrs. D. Mills |
Bath |
Rep form |
1/03/02 |
W.J. Tincknell |
Keynsham |
Rep form |
1/03/02 |
Samuel Olive |
Keynsham |
Rep form |
1/03/02 |
Hinton Blewett Parish Council |
Hinton Blewett |
SDA Comments form |
1/03/02 |
Stubbs Rich Developments |
Bath |
Letters |
1/03/02 |
Ms S.A. Woodbine |
Paulton |
Rep form |
1/03/02 |
Mr & Mrs Blackford |
Midsomer Norton |
Rep form |
1/03/02 |
Stanton Drew School |
Stanton Drew |
Petition |
1/03/02 |
Michael Comben |
Farmborough |
Rep form |
1/03/02 |
Alexander & Jane Douglas |
Bath |
Rep form |
1/03/02 |
Govt Office SW |
Outside District |
E-mail & letter |
1/03/02 |
T2000, Railfutures |
Outside District |
Rep form |
1/03/02 |
Rowena & David Phipps |
Keynsham |
Letter (copy) |
4/03/02 |
English Nature |
Outside District |
Letter |
4/03/02 |
W. Moorman |
Keynsham |
Rep form |
4/03/02 |
Sacha Parsons |
Midsomer Norton |
Rep form |
4/03/02 |
Publow Parish Council |
Publow |
Letter |
4/03/02 |
Philip W. Kemmery |
Batheaston |
Letter |
4/03/02 |
Allan Trinder |
High Littleton |
Rep form |
4/03/02 |
Voaden Sandbrook |
Outside District |
Letter |
4/03/02 |
British Waterways |
Outside District |
|
5/03/02 |
Railtrack |
Outside District |
Fax & letter |
12/03/02 |
Mr. & Mrs. G.H. Humphries |
Midsomer Norton |
Letter + form |
12/03/02 |
Health & Safety Executive |
Outside District |
Letter |
13/03/02 |
Stanton Drew Parish Council |
Stanton Drew |
Letter |
14/03/02 |
Strategic Rail Authority |
Outside District |
Letter |
18/03/02 |
3.0 Other Non `Duly Made' Objections
3.1 A number of other representations received related to matters outside the scope of the Local Plan i.e. not related to land-use planning issues. These too are considered not to be `duly made' and so will not be brought before the Inspector for his consideration at the Public Local Inquiry. These are set out below.
Bath & North East Somerset Local Plan
including minerals & waste policies
Other representations Not Duly Made
Ref No & Name
|
Location |
Comment Summary
|
2420/B1
Mrs. M.E. Lamb
|
Norton Radstock
|
21 Elm Terrace -
Recently a surveyor measured the land from the A367 alongside the
road leading to Inner Elm and between Jewsons Industrial
Site. There is more than 2 metres in length than will fit
into the local plan. This has caused friction between buyers
and sellers from before 1900. Could the reason for this be,
because of the footpath leading from Inner Elm Terrace to
M-S-Norton. The second part round the bend that lies parallel with
the (now demolished) railway line has slowly collapsed.
Walking with my
mother early 1930's, my Mother pointed out crumbled remains of a
foot path she walked on a child. It had fallen several
feet/metres below. The footpath we were walking on was
dipping down (sinking) now non-existent. So a lot of land was
lost down the steep slope to the railway line so the farmers whose
land edged the footpaths lost land probably long before 1900.
The land I am
referring to is just outside of inset 19's boundary. If this
information does not apply to the 10 year plan, will you please
forward it to the appropriate department. |
3273/B8
Mr. Nick Westbrook
(Bath and District
Community Health Council) |
|
What partnership
arrangements have been planned to use sport and recreation
facilities to support treatment, health improvement and
rehabilitation programmes? |
1867/B3
Mr. Colin Richard
Hackett |
Clutton
|
Could you provide
more detail about villages such as Clutton by stating where you
won't build, and the reasons for that, i.e. an alternative approach
to include looking at it from that angle. Information
regarding major road building would be very useful. A lot of
people 'talk' about what is being proposed, what hasn't gone
through and some clarification relating to what will or won't
happen would be very informative. |
766/B4
Ray Newbigin
|
Bath
|
Open Top Tour
buses have been omitted from the Local Plan. Designated
Tourist Vehicles (DTV's) will only be permitted to operate in Bath
provided that: 1a) emission
control standards set by the EEC are met and vehicles are electric
or gas powered. 1b) the weight of
each vehicle is less that 7.5 tonnes and each vehicle is
single-decker. 1c) the vehicles
are less than 5 years old. 1d) all
commentaries are silent and delivered through an audio system.
2a) the routes
selected are not detrimental to residential property and do not
impede normal pedestrian activity. 2b) no journey is
undertaken at peak rush hours and each journey must start with a
passenger load of more than 50% capacity. B2.85 - It is
important to secure a proper balance between demand for tourist
entertainment on the one hand, and safeguarding the environment and
the welfare and amenity of residents on the other. This is a
particular issue in Bath where the City's ability to absorb an
increasing number of vehicles of a potentially polluting nature
(both in terms of noise and air quality) is limited if a high
quality environment is to be maintained. See Policy ET.10
B2.69. B2.86 - The
tourism strategy of "maintaining a high quality environment for
residents and visitors alike" (see Quick Guide 7) will be enhanced
by the introduction of fuel-efficient, clean and quiet Designated
Tourist Vehicles (DTV's). This strategy will offer
substantial benefits to the city as a whole, both in terms of
providing a draw to visitors and in enhancing the image of Bath as
a clean, environmentally conscious World Heritage Site.
B2.87 - While
recognising that tourism plays a major role in the economy of Bath,
it should not be forgotten that unlimited journeys by Designated
Tourist Vehicle's (DTV's) play a significant part in the wear and
tear on the city. A proper balance should be secured by
limiting the number of journeys made and maximising the occupancy
of the vehicles by allowing flexible timetables. |
1893/B1
Ms Rosie Van
Musschenbroek (Federation of
Bath Residents Associations) |
Bath
|
Open Top Tour
buses have been omitted from the Local Plan. Designated
Tourist Vehicles (DTV's) will only be permitted to operate in Bath
provided that: 1a) emission
control standards set by the EEC are met and vehicles are electric
or gas powered. 1b) the weight of
each vehicle is less that 7.5 tonnes and each vehicle is
single-decker. 1c) the vehicles
are less than 5 years old. 1d) all
commentaries are silent and delivered through an audio system.
2a) the routes
selected are not detrimental to residential property and do not
impede normal pedestrian activity. 2b) no journey is
undertaken at peak rush hours and each journey must start with a
passenger load of more than 50% capacity. B2.85 - It is
important to secure a proper balance between demand for tourist
entertainment on the one hand, and safeguarding the environment and
the welfare and amenity of residents on the other. This is a
particular issue in bath where the City's ability to absorb an
increasing number of vehicles of a potentially polluting nature
(both in terms of noise and air quality) is limited if a high
quality environment is to be maintained. See Policy ET.10
B2.69. B2.86 - The
tourism strategy of "maintaining a high quality environment for
residents and visitors alike" (see Quick Guide 7) will be enhanced
by the introduction of fuel-efficient, clean and quiet Designated
Tourist Vehicles (DTV's). This strategy will offer
substantial benefits to the city as a whole, both in terms of
providing a draw to visitors and in enhancing the image of Bath as
a clean, environmentally conscious World Heritage Site.
B2.87 - While
recognising that tourism plays a major role in the economy of Bath,
it should not be forgotten that unlimited journeys by Designated
Tourist Vehicle's (DTV's) play a significant part in the wear and
tear on the city. A proper balance should be secured by
limiting the number of journeys made and maximising the occupancy
of the vehicles by allowing flexible timetables. |
2055/B1
Eric Vann
|
Priston
|
I live in the
hamlet of Wilmington - Central Plan 22 - which is completely
isolated. I have resided here since 1964. There is no
sidewalk, no street lighting, no shops and no public
transport. The location is similar to being at the centre of
a spiders web, I.e. in the farm lanes to the main road which is
approx. 2 1/2 miles away, one encounters problems with potholes,
mud, on average 3-4 inches deep, cow dung twice daily from 120
cattle when out to graze for 4/5 months directly outside my
driveway and in every direction hedge cuttings which can cost me
and average £30 p.a., and my son's moped about 6 punctures
yearly and at a cost of £15 per puncture and on way pick up
change of £20 so you will appreciate how costly this is.
One of the farmers cut the hedges to an apex which send the thorns
into their fields, but those that cut them sends the cuttings onto
the lanes which are in some instances only wide enough to take a
car. All of these problems have been aired over the years
with the Parish Council, Wansdyke MP Steve Howell, D Walken
(Highway Maintenance), Councillor Rosemary Todd, Bath police, and
finally a Council meeting which I attended at Keynsham 16/11/2000.
B&NES say they
have asked the farmers to cooperate but it is like water off a
duck's back. We very seldom get visits from our children and
grandchildren, because like myself I have to clean my car regularly
and my wife's dresses are forever being cleaned after getting out
of the car and catching the dirt from the running bound. What
has now happened as a result we do not now see any hikers
whatsoever, previously it was a pleasure to chat to them and give
them a cup of tea. When the farmer
muck spreads he overloads the container and loads of filth spill
into the lanes. I note that the government's are intent upon
the farmer's cleaning up the countryside which is not before
time. When we have heavy rain there area 4 sections of the
exit from this hamlet which flood. When the EU Agricultural
Policy commenced, the more manageable fields were stripped of
internal hedges and instead of 3 or 4 fields they were combined
into one huge field, to increase productivity and earnings.
To heck with all the wildlife lost. May I suggest that
the Farmers Union is approached with a view to using the inside
perimeter of the fields to move cattle around, and if crossing a
main thoroughfare to have gates directly opposite so there is
one or 5 yards of a road is soiled - the same applies with
their tractors. Also that mud is cleaned up after the days
work is done. Some farmers are considerate, but unfortunately
they are in the minority. In days gone by a
maintenance vehicle would come along and one chap would throw a
shovel full of asphalt off the truck and another workman tread it
in the hole. Now we have a chap come around in a van and
spray a bit of paint around a repair and before the job is
undertaken the paint has disappeared. May I propose that
the refuse collections be given their route plan and where they see
a hazard report its location, particularly rural area.
You are the
guardians of the countryside. |
2339/B2
Anita Pryor
|
Bath
|
I wanted to find
out what was being planned for Twerton Football Stadium, but just
couldn't find anything in the section for Sports & Recreation -
so I am no wiser. This is a very difficult document to access
- I give up! |
2147/B1
Mr. Stephen Dent
|
|
My objection is
simply about the serious difficulty in actually getting to see the
plan. I hope that eventually I will get to see it, but in the
meantime perhaps you might consider making it a bit more easily
accessible. The display board in Bath Central Library is
insultingly vague. It tells you practically nothing about the plan.
You could have saved a good deal of money (OUR money - Council Tax
payers!) by simply having a large notice telling people where they
can get to actually see the plan, and doing away with this 'window
dressing'. The web site is even worse. Not only is it not
at all obvious where the plan is, but when you do eventually find
it, it is impossible to actually find out about anything concrete.
It is full of vague pronouncements, bland and meaningless. There is
a lack of any clear way to navigate around, maps don't appear when
they should. The whole thing gives the impression of having been
put together with no thought for the actual user, or else with the
aim of deliberately making it as difficult to use as possible.
Overall the
impression one gets is of the worst kind of 'window dressing' - the
sort of thing so viciously lampooned in "The Hitch Hikers Guide to
the Galaxy". One gets the idea that the information is being
made just accessible enough that B&NES can claim that it was
available for public scrutiny when the inevitable happens and
people become up in arms over the proposed demolition of some
well-loved old building, or 'development' of a popular piece of
green space. By which time of course the outcry will probably be
too late. Could B&NES possibly be trying to keep people
in the dark about some things? An alternative
approach: Not difficult. Treat people with a bit more consideration
and respect, and make information GENUINELY easily accessible.
Otherwise one day, people might become sufficiently upset to
abandon their usual lethargy, on which you doubtless depend as a
way of getting this sort of thing accepted, and turf you out of
office! |
88/B42
Mr. & Mrs. W.
& P. Houghton |
Bath
|
How about making
Traffic Wardens into Environmental Wardens with powers to issue
tickets for dropping waste, blocked footpaths, overhanging trees
etc; as well as illegally parked cars. It would need one for each
area but this cost would be more than offset by income.
|
88/B41
Mr. & Mrs. W.
& P. Houghton |
Bath
|
Having seen its
transforming affect abroad and for different reasons after the war,
one should include in the local plan a scheme for returnable
deposits on all types of waste bottles, packets etc. For many
post war young people this was a big source of income and paid for
all our leisure activities. It would not only contribute to the
huge litter problems, but also give more lucrative employment to
the young and dispossessed. The Council can quote 60%
satisfaction figures obtained, one presumes from Voicebox
participants, who represent a minuscule % of the population, and
all the other propaganda, but the reality is far different on the
ground. Perhaps a Q & A with the 5,500 people who call
Action Line every month would give the Council a better indication.
|
88/B35
Mr. & Mrs. W.
& P. Houghton |
Bath
|
The local shopping
initiative has had absolutely no affect whatsoever in the decline
of Twerton High Street Shops and absolutely no reduction in the
number of boarded up & empty shops. A wonderful
opportunity was missed when the old Twerton on Avon Post Office was
relocated inside the Spar Supermarket (which incidentally is a
totally inadequate place) instead of in empty and boarded up shops
in the High Street. |
88/B28
Mr. & Mrs. W.
& P. Houghton |
Bath
|
Community Care
Services - the eight Residential Care Homes for the Elderly have a
significantly higher cost than the independent sector and are
wasting many million of pounds in resources. Extended to all
areas of Direct Council Provision, this runs into the many, many,
many, millions wasted. This waste equals and possibly exceeds
the last Property Tax Rise, even if the independent sector
Residential Care Homes were funded properly. One believes
there is no spatial restriction as such on Nursing homes and
perhaps these eight properties could be transferred to the NHS or
Private independent Nursing Home Operators, which would release
beds & help towards the current bed crisis in the NHS.
Existing residents in Council Residential Homes could be relocated
to the Independent Private Sector. Many may well remain in them as
Nursing homes, as the cost factor tends to keep the Elderly in
lower cost care when they would be assessed as requiring Nursing
Care. With the Policy since 1994 to keep the elderly in their
own homes as long as possible, there might be a case for saying
that anyone who cannot manage with the level of care in their own
home should be rightly assessed as needing Nursing Care.
|