Meeting documents

Standards Committee
Thursday, 30th November, 2006

Document G

Services\office97\template\minutes\minutes.dot

DRAFT MINUTES PENDING CONFIRMATION AT THE NEXT MEETING

138BATH AND NORTH EAST SOMERSET COUNCIL

MINUTES OF DEVELOPMENT CONTROL COMMITTEE B

WEDNESDAY, 5TH APRIL 2006

PRESENT -: Councillor Tony Cox in the Chair

Councillors: Tim Ball (Substitute for Rosemary Todd), Gail Coleshill, Gitte Dawson, Phyl Gay, Les Kew, Keith Kirwan (Substitute for Hilary Fraser), Jane Lewis, Bryan Organ, Carol Paradise and Steve Willcox

Also in attendance: Councillors Vic Pritchard, Tim Warren and Gordon Wood

139 EMERGENCY EVACUATION PROCEDURE

The Committee Administrator drew attention to the emergency evacuation procedure as set out on the Agenda.

140 DECLARATIONS OF INTEREST

Councillor Les Kew declared a personal and prejudicial interest in the planning application in Report 9 Item 21 The Chalet, King Lane, Clutton, as the applicant was his niece, and he would therefore leave the meeting for consideration of this matter.

141 TO ANNOUNCE ANY ITEMS OF URGENT BUSINESS

There were no items of urgent business.

However, the Chairman announced that (1) the public speaking would follow the Officer's presentation on planning applications; (2) Item 20 North Hill House, Wells Road, Westfield, Report 9, would be moved forward to be taken as the 4th Item to allow Councillor Phyl Gay to speak on that Item before leaving at 7.10pm to attend an event as Chairman of the Council; and (3) there would be an adjournment at 8pm approximately for a natural break.

142 ITEMS FROM THE PUBLIC

The Committee noted that (1) there were a few people wishing to make statements on Enforcement Reports 10 and 11 relating to The Hermitage, Sharpstone, and I Hills Close, Keynsham, respectively, who would be able to do so when reaching those Reports on the Agenda; and (2) there were various people wishing to make statements on planning applications in Report 9 who would be able to do so when reaching those individual Items in that Report.

143 ITEMS FROM COUNCILLORS

There were none.

144 MINUTES: TUESDAY, 8TH MARCH 2006

RESOLVED that the Minutes of the meeting held on Wednesday, 8th March 2006, be approved as a correct record, and signed by the Chairman, subject to, in Minute No 135 Item 4 relating to Keynsham Rugby Club, Bristol Road, Keynsham, (1) deletion of the following wording: "..... including no signage to advertise the eating facility to the general public"; and (2) addition of an Advice Note stating that Advertisement Consent may be required if any form of signage was displayed to indicate the use as a café open to the general public.

145 APPLICATIONS FOR PLANNING PERMISSION ETC FOR DETERMINATION BY THE COMMITTEE (Report 9).

The Committee considered

> The report of the Head of Planning Services on various planning applications

> An Update Report by the Head of Planning Services on Item Nos. 1, 2, 4-6, 10, 12, 14 and 17, attached as Appendix 1 to these Minutes

> Oral statements by members of the public etc on Item Nos. 1-7, 11-15, 17 and 19-22, 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 3 to these Minutes.

NOTES: Decisions were made by the Committee as per the Officer's recommendations set out in the Report with the Agenda, and were carried unanimously or without dissension unless stated otherwise. Where the Officer's recommendations were overturned, or there were amendments (whether lost or carried), or there were decisions on matters other than on planning applications, these are indicated below.

Item 1 St Peters Factory, Wells Road, Westfield - It was moved by Councillor Phyl Gay and seconded by Councillor Les Kew to approve the Officer recommendation to Authorise the Head of Planning Services to Permit the application subject to the completion of a legal agreement under S 106 of the Town and Country Planning Act 1990 on the draft Head of Terms set out in the Report (which may include off-site allotment provision), and with the conditions set out in the Update Report. Voting: 10 in favour and 0 against with 1 abstention. Motion carried.

Item 2 Queen Charlton Concrete Works, Charlton Field Lane, Queen Charlton - It was moved by Councillor Les Kew and seconded by Councillor Carol Paradise to Authorise the Head of Planning Services to Permit subject to clarification of land ownership, and subject to the conditions set out in the Report including a further condition that plant and machinery associated with the permitted reprocessing of on-site and imported waste be removed from the site by the end of August 2006, and conditions to be monitored strictly. Voting: Unanimously in favour. (Note: Prior to this decision, it was moved by Councillor Keith Kirwan and seconded by Councillor Carol Paradise to overturn the Officer recommendation to Permit with conditions, and instead Refuse permission. Voting: 2 in favour and 9 against. Motion lost.)

Item 3 Site adjacent to 57 Manor Park, Writhlington - The Committee decided to Defer for a Site Visit for the reasons set out in the Decisions List.

(Note: Arising from the discussion, it was requested that the Head of Planning Services be requested to submit a report to the Committee as soon as possible regarding the preservation of historical houses such as these former miners' dwellings.)

Item 4 48/50 Temple Street, Keynsham - The Committee decided to Defer for further negotiations regarding highway issues.

Item 5 Evangelical Church, Norman Road, Saltford - On the basis that it was considered that the proposal would not have an adverse impact on the character of the area and would not detract from residential amenities of adjoining occupiers, it was moved by Councillor Carol Paradise and seconded by Councillor Jane Lewis to overturn the Officer recommendation to Refuse, and instead to Authorise the Head of Planning Services to Permit subject to appropriate conditions including use of the outer doors as a fire exit only. Voting: 7 in favour and 3 against. Motion carried.

Note: After this Item (8.05pm), the Committee adjourned for 10 minutes for a natural break.

Item 7 Cranmore View, Main Road, Temple Cloud - The Committee decided to Defer for a Site Visit for the reasons set out in the Decisions List. Voting: 6 in favour, 1 against and 2 abstentions. Motion carried.

Item 9 Camburn, Timsbury Road, High Littleton - The Committee decided to Defer for a Site Visit for the reasons set out in the Decisions List. Voting: 5 in favour, 2 against and 2 abstentions. Motion carried.

Item 11 1 Hills Close, Keynsham - On the basis that it was considered that the proposed fence was detrimental to the streetscene and would detract from the character of this part of Keynsham, it was moved by Councillor Bryan Organ and seconded by Councillor Keith Kirwan to overturn the Officer recommendation to Permit with a condition, and instead to Refuse permission. Voting: Unanimously in favour. Motion carried.

Item 12 Old Colliery Yard, Wick Lane, Pensford - On the basis that it was considered that the new vehicular access would not be detrimental to the landscape character of the surrounding area, it was moved by Councillor Steve Willcox and seconded by Councillor Les Kew to overturn the Officer recommendation to Refuse permission, and instead to Permit subject to the condition set out in the Update Report. Voting: 7 in favour, 2 against and 1 abstention. Motion carried.

Item 13 27 Upper Furlong, Timsbury - The Committee decided to Defer for a Site Visit for the reasons set out in the Decisions List. Voting: 4 in favour, 3 against and 3 abstentions. Motion carried.

Item 14 Part of former Somerset and Dorset Railway Line off Ford Road, Wellow - On the basis that it was considered that the Stone Waymarker would not be inappropriate development and would not have an adverse impact on the openness and character of the surroundingarea, it was moved by Councillor Gitte Dawson and seconded by Councillor Carol Paradise to overturn the Officer recommendation to Refuse permission, and instead to Pemit, subject to the reduction in height of the Stone Waymarker to 3.5m. Voting: 5 in favour and 4 against with 1 abstention. Motion carried.

Item 15 Daisy Field Farm, Ham Lane, Bishop Sutton - It was moved by Councillor Steve Willcox and seconded by Councillor Carol Paradise to Defer for further negotiations and clarification regarding the use and access. Voting: 6 in favour, 1 against and 3 abstentions. Motion carried. (Prior to this decision, it was moved by Councillor Les Kew and seconded by Councillor Bryan Organ to approve the Officer recommendation to Refuse permission. Voting: 3 in favour, 4 against and 3 abstentions. Motion lost.)

Item 19 Monkton Court, Church Lane, Monkton Combe - On the basis that it was considered that the replacement first storey, owing to its modest size, would not be inappropriate development and would not have a detrimental impact on the Green Belt, it was moved by Councillor Gitte Dawson and seconded by Councillor Les Kew to overturn the Officer recommendation to Refuse permission, and instead to Permit subject to appropriate conditions. Voting: Unanimously in favour. Motion carried.

Note: The Committee decided at 9.59pm to continue until after 10pm in order to fully transact its business.

Item 20 North Hill House, Wells Road, Westfield - The Committee decided to Defer for a Site Visit for the reasons set out in the Decisions List.

Item 21 The Chalet, King Lane, Clutton - The Committee decided to Defer for a Site Visit for the reasons set out in the Decisions List. Voting: 4 in favour (with the Chairman's casting vote), 3 against and 3 abstentions. Motion carried.

Item 22 1 Nine Elms Cottages, Widcombe Common, West Harptree - The Committee decided to Defer for a Site Visit for the reasons set out in the Decisions List. Voting: 5 in favour, 3 against and 2 abstentions. Motion carried.

Item 23 Beaver Lodge, Cameley Road, Cameley - The Committee decided to Defer for a Site Visit for the reasons set out in the Decisions List. Voting: 5 in favour, 4 against and 1 abstention. Motion carried.

146 THE HERMITAGE, SHARPSTONE, FRESHFORD (Report 10).

The Committee considered

> The report of the Head of Planning Services seeking delegated authority to take enforcement action in respect of the unauthorised alteration of part of the curtilage wall of the above property

> An oral statement by the Chairman of Freshford Parish Council speaking in favour of enforcement action

RESOLVED that delegated authority be granted to the Head of Planning Services/Operational Manager - Development Control, in consultation with the Acting Planning and Environmental Law Manager, to exercise the powers and duties (as applicable) under Chapter IV of the Planning (Listed Buildings and Conservation Areas) Act 1990 (including any amendments to or re-enactments of those Acts or Regulations or Orders made under those Acts) in respect of the above site/address to secure the rebuilding of the return section of the demolished wall.

147 1 HILLS CLOSE, KEYNSHAM (Report 11).

The Committee considered

> the report of the Head of Planning Services seeking delegated authority to take enforcement action in respect of the unauthorised erection of a wooden panelled fence over 1 metre in height above ground level adjacent to a highway used by vehicular traffic at the front of the property

> an oral statement by the Chairman of the Avon and Meadow Park Residents' Association speaking in favour of enforcement action

> an oral report by the Planning Officer stating that, in view of the refusal of planning permission for the erection of a wooden panelled fence at the rear of the property also adjoining the highway, authority was also being sought for the removal of this fence as well

RESOLVED that delegated authority be granted to the Head of Planning Services/Operational Manager - Development Control, in consultation with the Acting Planning and Environmental Law Manager, to exercise the powers and duties (as applicable) under Parts VII and VIII of the Town and Country Planning Act 1990 (including any amendments to re-enactments of those Acts or Regulations or Orders made under those Acts) in respect of the above site/address to secure the removal of the unauthorised lengths of fencing to the front and to the side/rear of the property.

148 JACKPOTS, 3 CHESTERFIELD HOUSE, HIGH STREET, MIDSOMER NORTON (Report 12).

The Committee considered a report by the Head of Planning Services seeking delegated authority to take enforcement action in respect of the unauthorised change of use of the above property from A1 use (Shop) to use as an Amusement Arcade.

RESOLVED that delegated authority be granted to the Head of Planning Services/Operational Manager - Development Control, in consultation with the Acting Planning and Environmental Law Manager, to exercise the powers and duties (as applicable) under Parts VII and VIII of the Town and Country Planning Act 1990 and Chapter IV of the Planning (Listed Building and Conservation Areas) Act 1990 (including any amendments to or re-enactments of those Acts or Regulations or Orders made under those Acts) in respect of the above site/address to secure the cessation of the unauthorised use.

Enforcement Items General Note:

This specific delegated authority will, in addition to being the subject of subsequent report back to Members in the event of enforcement action being taken, not being taken or subsequently proving unnecessary as appropriate, be subject to:

(a) all action being taken on behalf of the Council and in the Council's name;

(b) all action being subject to statutory requirements and any aspects of the Council's strategy and programme;

(c) consultation with the appropriate professional or technical officer of the Council in respect of matters not within the competence of the Head of Planning Services; and

(d) maintenance of a proper record of action taken.

149 APPLICATIONS DETERMINED UNDER DELEGATED POWERS FOR THE PERIOD 23RD FEBRUARY - 23RD MARCH 2006 (Report 13).

To note the report.

150 NEW PLANNING APPEALS, DECISIONS RECEIVED AND DATES OF FORTHCOMING HEARINGS/INQUIRIES (Report 14).

To note the report.

The meeting ended at 10.33pm

Chair(person)

Date Confirmed and Signed

Document4

Prepared by Democratic Services