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 Neil Butters whose substitute was Councillor Jeremy Sparks

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 Eleanor Jackson referred to the planning application at The Fir Tree Inn, 140 Frome Road, Radstock, as the applicant had undertaken some work at her house a few years ago. However, she did not consider that this amounted to an interest and therefore she would speak and vote on the item.

There were no items of Urgent Business

The Senior Democratic Services Officer informed the meeting that there a few speakers on the Enforcement Reports who would be able to speak for up to 3 minutes each when reaching those Reports on the Agenda. There were also a few speakers on the 3 planning applications at Hinton Organics which would be considered together and therefore they would be able to speak for up to 9 minutes in total when reaching those applications in Report 10.

There were no items

To approve as a correct record the Minutes of the previous meeting held on Wednesday 16^th January 2013

The Minutes of the previous meeting held on 16^th January 2013 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 updated the Committee on various developments as follows:

K2, Keynsham – Work had commenced for development of 285 dwellings plus shops and extension to the Primary School

Bath University, Claverton Down, Bath – As part of the University Master Plan, permission had been granted for development of 708 units of student accommodation

Bath Western Riverside – Work was to be undertaken to the 2 bridges, a redesign of Victoria Bridge and the Destructor Bridge to be made two-way. Some public consultation would be undertaken in association with the Museum of Bath Work.

MoD sites – Preliminary discussions had been held regarding redevelopment of the Ensleigh and Warminster road sites.

Somerdale, Keynsham – Archaeology had not yet been finalised but there was a preliminary design for the 1^st Phase of approximately 200 dwellings. A planning application was anticipated in April/May.

After the Officer had responded to Members’ queries about some of these developments, the Committee noted the update.

The Committee considered

·  The report of the Development Manager on various applications for planning permission etc

·  An Update Report by the Development Manager on Item Nos. 1-4, a copy of the Update being attached as Appendix 1 to these Minutes

·  Oral statements by members of the public etc on Item Nos. 1-3, 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.

Items 1&2 Hinton Organics Ltd, Charlton Field Lane, Queen Charlton – (1) Variation of Conditions 13 and 16 of planning permission Ref 97/02626/MINW dated 2^nd December 1998 to allow permanent recycling of cardboard waste and increase in truck movements; and (2) increase size of concrete storage area and variation of Condition 13 of planning permission Ref 97/02626/MINW to accept wood waste; and Item 3 Parcel 5319, Charlton Field Lane, Queen Charlton – Variation of Conditions 13, 16 and 19 of planning permission Ref 97/02626/MINW to extend composting operations, increase vehicle movements and permit cardboard and wood recycling (Temporary use of land for 10 years for manufacture of organic green compost as amended by revised drawings received 14^th April 1998 at land formerly Queen Charlton Quarry) – The Case Officer reported on these applications and her recommendations to refuse permission on the grounds that the applications are for EIA development and should have been accompanied by an Environmental Statement. The information submitted in support of the applications was not considered to constitute an Environmental Statement within the terms of Regulation 2 of the Town and Country Planning (Environmental Impact etc.) Regulations 1999 in particular because it fails to address the risk of pollution of the NVZ, fails to give information on restoration of the site and fails to include a Non-Technical Summary. Therefore, in accordance with Regulation 3 of the Town and Country Planning (Environmental Impact etc.) Regulations 1999, the applications must be refused.

She referred to the Update Report which comprised further representations, corrected a date in the report and attached the Legal Opinion on the issue of an Environmental Statement not being submitted. The Officer responded to queries by the Chair.

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

Members asked various questions for clarification to which Officers responded. In particular, Councillor Les Kew enquired how long the applicants might need in order to submit an Environmental Statement which met the requirements of the legislation and whether the Council had received any letters supporting the development. The Case Officer replied that the Council had received letters of support from approximately 16 people, several of whom had written 3 letters (one for each application). In her view, it would not take the applicants long to rectify the Environmental Statement although she was unable to give a timescale for the provision of  ...  view the full minutes text for item 133.

To consider a recommendation to take enforcement action to require the cessation of the unauthorised use of the dwelling for business purposes, yoga classes and weekend retreats

The Committee considered (1) a report by the Development Manager recommending that enforcement action be authorised to require the cessation of the unauthorised use of the above property for business purposes, yoga classes and weekend retreats; and (2) oral statements by members of the public etc speaking in favour and against proposed enforcement action.

The Enforcement Officer reported that a blanket Tree Preservation Order had recently been issued to protect trees at the property and that an application had been received for consent to fell 2 trees – sycamore and cherry - adjoining the entrance to the property.

Councillor Les Kew considered that there was conflicting information and that, before considering any enforcement action, it would be useful if Members could view the site with particular regard to the highway, the access and trees. He therefore moved that consideration be deferred for a Site Visit which was seconded by Councillor Martin Veal.

Members debated the motion and asked questions to which the Officer responded. Councillor Eleanor Jackson requested that the Highways Officer’s report be made available to Members when a report on this matter is resubmitted.

RESOLVED to defer consideration to enable a Site Visit to be held

(Note: Prior to consideration of this matter, Councillor Bryan Organ had declared an interest in the item as the Parish Council representative speaking in favour of enforcement was a personal friend and he therefore left the meeting for its consideration.)

To consider a recommendation to take enforcement action regarding the continued use for production of compost

In view of the decisions to defer consideration of related planning applications considered earlier in the meeting, this Report was withdrawn from the Agenda.

To consider an update report by the Planning and Environmental Law Manager

The Chair varied the order of business to enable the following item to be considered next as a decision was required.

Referring to the Minutes of the meeting held on 9^th May 2012, the Committee considered the report of the Development Manager which updated Members following a Preliminary Hearing by the Inspector into Enforcement Notice Appeals at this site.

The Planning and Environmental Law Manager submitted an Update Report (see Appendix 4 attached to these Minutes) updating Members on the situation since the despatch of the Agenda papers and on the papers that had been received. She also informed the Committee that there was a further report containing Leading Counsel’s advice which needed their consideration and should be taken in Exempt Session.

The Development Manager referred to the Public Local Inquiry held recently where the Inspector held the Preliminary Hearing on the Appellants’ submissions on a point of law (“res judicata”) and the interpretation of the Secretary of State’s decision on the 2003 “call-in” Public Inquiry on the extent of the B2 fall-back position. The Inspector’s Ruling had now been received and was before Members for information and from which the Committee could see that the Inspector found in favour of the Council and the Rule 6 parties on both the “res judicata” point and on the interpretation of the 2003 Secretary of State’s decision. Due to the Preliminary Hearing, the Inspector had put forward a revised timetable. The time for the Council to consider receipt of late information by the Appellants was 1^st March. The Committee’s attention was also drawn to the Inspector’s concerns regarding the wording of Notice 1 and Members were advised that further consideration was being given to this to take on board those concerns.

After Officers responded to some queries by Members, the Committee noted the Reports.

The Committee considered the proposal to move into Exempt Session for the further report. After a short debate, the following Resolution was agreed:

That, having been satisfied that the public interest would be better served by not disclosing relevant information, and in accordance with the provisions of Section 100 (A) (4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business because of the likely disclosure of exempt information as defined in Paragraph 5 (Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings) and Paragraph 6 (Information which reveals that the authority proposes (a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person, or (b) to make an order or direction under any enactment) of Part 1 of Schedule 12A of the Act as amended (Voting: 11 in favour and 1 against and 1 abstention.)

The Committee considered further information relating to issuing “second bite notices” under Section 171B (4) (b). A date at the end of the penultimate paragraph was amended from 2012 to read 2013.

RESOLVED to  ...  view the full minutes text for item 136.

To note the report

The Committee considered the report of the Development Manager on performance information across a range of activities within the Development Management function for the period 1^st October to 31^st December 2012.

After some queries by Members, the Committee noted the report and extended their thanks to Officers for their hard work and endeavours.

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

Members raised various queries about appeals to which the Development Manager and the Chair responded. Councillor Martin Veal raised the issue of “expediency” required for Officers to take action which he found frustrating at times and considered that the public should be better informed on such issues. The Development Manager replied that the term was used in the appropriate legislation and therefore had to be used by Officers; however, she would see if the Revised Enforcement Policy could be better worded on this particular issue. Councillor Martin Veal requested that it be worded in plain language so that it could be easily understood.

The Committee noted the report.