Agenda and minutes

The Chair will ask the Committee Administrator to draw attention to the emergency evacuation procedure as set out under Note 6

The Senior Democratic Services Officer read out the procedure

A Vice Chair was not required

An apology for absence was received from Councillor David Martin whose substitute was Councillor Manda Rigby

At this point in the meeting declarations of interest are received from Members in any of the agenda items under consideration at the meeting. Members are asked to indicate:

(a) The agenda item number and site in which they have an interest to declare.

(b) The nature of their interest.

(c) Whether their interest is a disclosable pecuniary interest or an other interest,  (as defined in Part 2, A and B of the Code of Conduct and Rules for Registration of Interests)

Any Member who needs to clarify any matters relating to the declaration of interests is recommended to seek advice from the Council’s Monitoring Officer before the meeting to expedite dealing with the item during the meeting.

Councillor Nicholas Coombes declared interests in the planning applications at Paulton Engine, Hanham Lane, Paulton (Item 4, Report 11) as he had worked with the applicant, and Hope House, Shaftesbury Road, Oldfield Park, Bath (Item 8, Report 11) as he had studied with the applicant. Therefore he would leave the room for the consideration of those Items. Councillor Les Kew declared an interest in the application at Parcel 0006, Maynard Terrace, Clutton (Item 3, Report 11) as he was the subject of a complaint arising from the previous consideration of this application by Committee and, as such, he did not feel it appropriate for him to speak or vote. He would therefore leave the meeting for its consideration. Councillor Bryan Organ declared a non-pecuniary interest in the planning application at Saltford Golf Club (Item 5, Report 11) as he was a member of the Club and therefore he would leave the room for its consideration. Councillor Neil Butters declared an interest in the application at the Paulton Engine site (Item 4, Report 11) as he was a non- active member of the Somerset Coal Canal Company but as this was considered not to be prejudicial, he would remain for its consideration. Councillor Malcolm Lees declared an interest in the application at 12 High Street, Weston, Bath (Site Visit Report 10) as he had been involved in arranging a public meeting to discuss the application and he was concerned that, although he had an open mind, there might be a perception that he had pre-determined the matter. He would therefore make a statement as Ward Member and then leave the meeting for its consideration.

There was none

The Senior Democratic Services Officer informed the meeting that there was a speaker wishing to make a statement on the Tree Preservation Order at Governor’s House, Stuart Place, Twerton, Bath (Report 13) and that she would be able to do so when reaching that Item on the Agenda. There were also various members of the public etc wishing to make statements on planning applications in Reports 10 and 11 and that they would be able to do so when reaching their respective Items in those Reports.

The Chair referred to notice of a Question by Councillor Brian Webber regarding appeals during 2011/12 where costs had been awarded against the Council, the response to which had been circulated. Councillor Webber felt that there was a lesson to be learnt here and that Members needed to be particularly careful when considering overturning Officers’ recommendations on planning applications. The Chair concurred and added that Members could attend at Appeal Inquiries to justify reasons for refusal on decisions that had gone against Officers’ advice.

To confirm as a correct record the Minutes of the previous meeting held on Wednesday 24^th October 2012

The Minutes of the previous meeting held on Wednesday 24^th October 2012 were approved as a correct record and signed by the Chair

The Senior Professional – Major Developments to provide an oral update

The Senior Professional – Major development gave an update on the following major developments:

·  MoD sites, Bath – The first part of the Ensleigh site had now been sold to developers and preliminary discussions were being held with the prospect of a planning application early next year

·  Somerdale, Keynsham – The bad weather conditions had hampered investigations but results were expected in December and a further update would be made to Members in January

·  Southgate, Bath – The Station Vaults would be occupied by a number of cafes and restaurants which would likely open before Christmas.

The Committee noted.

The Committee considered:

·  A report by the Development Manager on a planning application at 12 High Street, Weston, Bath

·  An Update Report by the Development Manager on the matter, a copy of which is attached as Appendix 1 to these Minutes

·  Oral statements by public speakers on the application, the Speakers List being 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

12 High Street, Weston, Bath – Erection of rear ground floor extension (totalling approx. 206 sq m) to create an enlarged retail unit together with rear first and second floor extensions to create 6 two bed apartments and alterations to existing shop fronts at 12 – 20 High Street, Weston – The Case Officer reported on this application and her recommendation to (A) authorise the Planning and Environmental Law Manager to enter into a S106 Agreement to cover the provision of £18,000 for the improvement of local public transport infrastructure; and (B) subject to the prior completion of the above Agreement, authorise the Development Manager to Permit subject to conditions. The Update Report provided Officers’ comments on further information received and amended the reasons for granting approval as set out in the Report. She referred to a further letter of representation received that day.

The public speakers made their statements which were followed by a statement by the Ward Councillor Colin Barrett who spoke against the proposal. Councillor Malcolm Lees, as the other Ward Member, made a statement raising various concerns and then left the meeting.

Councillor Martin Veal opened the debate referring to various concerns including the problems of car parking, the loss of character and amenity to local residents and villagers and the impact of more cars and shoppers in the area. Councillor Eleanor Jackson considered that the objections were not significant enough to refuse the application - the development would tidy up the rear of the building and enhance the Conservation Area. She therefore moved the Officer recommendation but considered that a Parking and Construction Management Plan should be included in the conditions. The motion was seconded by Councillor Bryan Organ who felt that delivery times to the shop should be limited.

Members debated the motion. Some Members raised concerns regarding car parking, delivery times and problems during the construction period. It was also felt that the village would lose some of its historic character. Other Members cited examples of other similar stores that had been approved because a refusal couldn’t be defended on appeal. The development provided much needed housing and was of a good design. Issues regarding the highways were raised to which the Senior Highways Engineer responded that levels of parking were appropriate for the size of store and that its viability rested on good access and parking being provided. The Development Manager referred to the National Planning Policy Framework as applied to this application. She felt that  ...  view the full minutes text for item 90.

The Committee considered

·  A report by the Development Manager on various planning applications

·  An Update Report by the Development Manager on Item Nos. 1, 3 and 7, a copy being included as Appendix 1 to these Minutes

·  Oral statements by members of the public etc on Item Nos. 1-9, 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 The Wharf, Greensbrook, Clutton – Erection of 15 dwellings following demolition of existing workshop and stone shed – The Development Manager updated Committee on the policy position regarding residential development outside the housing development boundary as this was relevant to the next 3 applications on the Agenda. She explained that recent appeal decisions indicated that, where residential development was proposed outside of the housing development boundary, Inspectors and the Secretary of State were likely to find that the presumption in favour of sustainable development in the National Planning Policy Framework outweighed local housing policies if the local planning authority was unable to demonstrate a 5 year supply of housing land. Because the Council had been unable to demonstrate to the Core Strategy Inspector that it had a 5 year supply of housing land, it would therefore be very difficult to defend a refusal of planning permission on this basis unless the land was protected in some other way, for example, it was within an Area of Outstanding Natural Beauty or where a European Protected Species was affected. The Development Manager also explained that the local policies preventing isolated development in the countryside were still considered to be sound.

The Case Officer reported on this application and his recommendation to (A) authorise the Planning and Environmental Law Manager to secure an Agreement under S106 of the Town and Country Planning Act 1990 to secure (i) the provision of 5 dwellings as affordable housing comprising social rent and shared ownership accommodation; (ii) a financial contribution of £7,089.33 towards improvements to pedestrian facilities and/or traffic management in the village of Clutton; and (iii) a financial contribution of £16,313.51 towards primary School Places and Youth Services; and (B) upon completion of the Agreement, authorise the Development Manager to Permit subject to conditions. He referred to the Update Report which contained Officers’ comments on further consultation responses and added further provisos for the S106 Agreement regarding (a) a financial contribution of £6,037.51 to reflect omission of employment space on the site; and (b) provision of a pedestrian connection to the village avoiding the use of the main road. He recommended that a hard and soft landscaping condition be added.

The public speakers made their statements on the matter which was followed by a statement by the Ward Councillor Jeremy Sparks supporting the application but with conditions. The Development Manager commented on the proposal as regards the National Planning Policy Framework. This was a sustainable development which,  ...  view the full minutes text for item 91.

To note the report

The Committee considered the report of the Development Manager which provided performance information across a range of activities within the Development Management function.

The Committee noted the report and thanked Officers for their hard work.

Following receipt of an objection, to consider a recommendation by the Senior Arboricultural Officer to confirm this Tree Preservation Order without modification

The Committee considered

·  The report of the Senior Arboricultural Officer which recommended that a Tree Preservation Order made on 16^th August 2012 to protect a Tulip tree, which made a contribution to the landscape and amenity of the Conservation Area, be confirmed without modification

·  A statement by a resident of the property supporting the Tree Preservation Order

·  A statement by the Ward Councillor June Player also supporting the Order

It was moved by Councillor Eleanor Jackson and seconded by Councillor Doug Nicol and RESOLVED that the Tree Preservation Order entitled “Bath and North East Somerset Council (Governor’s House, Stuart Place, Twerton, Bath No 281) Tree Preservation Order 2012 be confirmed without modification.

(NOTE: Referring to Minute Nos. 77 and 78 of the previous meeting held on 24^th October 2012, the Senior Arboricultural Officer, prior to this Item, updated Members that, since the Site Visits (1) the objection to the Tree Preservation Order on trees at Hillscroft, Bulls Hill, Wellow, had been withdrawn and therefore confirmation of the Order could be dealt with under Delegated Powers; and (2) that a new Order on a tree at 35 West Hill Gardens, Radstock, was made on 31^st October and consultees had been given until  13^th December to make representations; therefore if objections were received, a further report would be submitted, probably to the January Committee meeting.)

The Committee considered the report of the Development Manager on planning appeals.

After some comments by Members, the report was noted.

The appropriate Officer(s) will make an oral report to update Members on progress

By this stage of the meeting, the Team Leader, Development Management, had taken over from the Development Manager who had to leave. He was not in a position to update the Committee.