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

E-mail

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.