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 desired

Apologies for absence were received from Councillors Doug Nicol and Martin Veal and their respective substitutes were Councillors Manda Rigby and Sally Davis. There was also an apology from Councillor Malcolm Lees.

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 declared a pecuniary interest in the planning application at St Peter’s Factory, Wells Road, Westfield, Radstock (Item 3, Report 10), as she was a shareholder in the Radstock Co-op. She would therefore make a statement before leaving the meeting for its consideration. Councillor Brian Webber declared an interest in the applications at Bath Abbey (Items 1&2, Report 10) as he was on the Abbey Management Committee. He would therefore make a statement and leave the meeting for their consideration. Councillor Manda Rigby declared an interest in the Abbey applications as she had predetermined the applications and therefore she would also make a statement and then leave the meeting for their consideration.

There were no items of Urgent Business

The Senior Democratic Services Officer informed the meeting that there were speakers on the Enforcement Report 11 relating to Red Hill House, Camerton, who would be able to make their statements when reaching that Item on the Agenda. There were also a number of speakers on the planning applications in Report 10 and they would be able to do so when reaching those items in that Report.

There were no items from Councillors

To approve as a correct record the Minutes of the previous meeting held on Wednesday 13^th February 2013

The Minutes of the previous meeting held on Wednesday 13^th February 2013 were approved and signed by the Chair as a correct record

The Senior Professional – Major Developments to provide an oral update

The Senior Professional – Major Development updated the Committee on the Victoria and Destructor Bridges off Upper Bristol Road, Bath. The refurbishment programmes were progressing and an exhibition would be held in the Museum of Bath at Work. Any queries could be directed to the Projects Team.

At Members’ requests, the Senior Professional updated the Committee on (1) the plastic barriers in Dorchester Street, Bath, which would be removed in the next few weeks when the light-controlled pedestrian crossings were installed – the three crossings would line up with the pedestrian routes in and out of Southgate; (2) water ingress at the Units in Brunel Square - the source had been identified and a solution was in hand.

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. 2-7, a copy of which is attached as Appendix 1 to these Minutes

·  Oral statements by members of the public etc on Item Nos. 1-6, 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 Abbey Church of St Peter and St Paul, Abbey Churchyard, Bath – (1) Provision of improved public and ancillary support facilities to Bath Abbey; alterations to Nos. 8-13 Kingston Buildings, basement to Abbey Chambers, the 1920s Jackson Extension to Bath Abbey, the Clergy Vestry and adjoining vaults and cellars south of The Abbey; creation of newly excavated below ground spaces north of Kingston Buildings and below the Jackson Extension; associated landscape improvement works to the public realm and to the garden north of the Seventh Day Adventist Church (Ref 12/03335/FUL); and (2) Internal and external alterations for the provision of improved public and ancillary support facilities to Bath Abbey; alterations to Nos. 8-13 Kingston Buildings, basement of Abbey Chambers, the 1920s Jackson Extension to Bath Abbey, the Clergy Vestry and adjoining vaults and cellars south of The Abbey; creation of newly excavated below ground spaces north of Kingston Buildings and below the Jackson Extension; associated landscape improvement works to the public realm and to the garden north of the Seventh Day Adventist Church (Ref 12/03336/LBA) – The Case Officer reported on these applications and the recommendations to authorise the Development Manager to grant permission/consent subject to various provisos including appropriate conditions. The Update Report corrected the Decision Making Statement for the listed building application. She drew attention to the fact that the Conservation Officer’s views regarding the loss of residential use of Kingston Buildings were not specifically included in the report; however, they were summarised in Officer’s comments. The Case Officer went on to inform Members that a large number of representations had been received but that the vast majority were supportive of the proposals. The Bath Preservation Trust and the Bath Heritage Watchdog had withdrawn their objections as had English Heritage but who maintained their concerns regarding the structural work proposed at Kingston Buildings. The Georgian Group still objected to the proposals.

The public speakers made their statements in support of the applications which were followed by a statement by Councillor Alan Hale who supported the proposals.

The Ward Councillor Brian Webber made a statement representing his constituents supporting the proposals and referred to the benefits of the proposals. Ward Councillor Manda Rigby echoed these sentiments. (Note: Both Councillors then left the meeting for consideration of the applications in view of their interests declared earlier in the meeting.)

Members asked questions about the proposals to which the Case Officer responded. The Team Leader – Development Management advised that  ...  view the full minutes text for item 148.

Following the Site Visit held on 4^th March, to consider a recommendation to authorise enforcement action for a material change of use to a mixed use dwelling, daily yoga classes, weekend retreats and associated business activities

Referring to the Minutes of the previous meeting, the Enforcement Officer presented her report on the unauthorised material change of use of this property to a mixed use of daily yoga classes, weekend retreats and associated business activities. She informed the meeting of further representations received and of the owner’s consultation with the Council regarding removal of trees near the entrance to the property. The Enforcement Officer concluded that enforcement action was expedient and therefore recommended that such action be authorised.  The public speakers made their statements for and against enforcement action.

Councillor David Veale, as Ward Councillor, sympathised with the owner but considered that enforcement action should be authorised and the owner given time to submit a planning application to ameliorate the situation as regards the access. Councillor Eleanor Jackson echoed the sentiment that time should be given for an application to be submitted but did not support enforcement action at this time. Councillor Nicholas Coombes considered that enforcement action should be authorised in order that the owner would have to submit an application to try to remedy the problems associated with the use and then the Planning Authority could consider the application on its merits. He therefore moved the Officer recommendation which was seconded by Councillor Les Kew.

After a short debate, the motion was put to the vote.

RESOLVED that delegated authority be granted to the Development Manager, in consultation with the Planning and Environmental Law Manager, to take any necessary enforcement action on behalf of the Local Planning Authority in respect of the alleged planning contravention outlined in the report by exercising the powers and duties of the Authority (as applicable) under Parts VII and VIII of the Town and Country Planning Act 1990 (including any amendments to or re-enactments of the Act or Regulations or Orders made under the Act) in respect of this property.

General Note:

This specific delegated authority will, in addition to being the subject of a 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 being taken.

Voting: 9 in favour and 0 against with 1 abstention (Note: Councillor Bryan Organ had left the meeting before consideration of this matter as he knew one of the objectors; and Councillor Liz Hardman was absent from the meeting for this item.)

Councillor David Martin drew attention to 3 appeals allowed by the Inspector for the installation of photovoltaic cells at farms in the District.

The Committee noted the report.

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

The Principal Solicitor gave an update on the current situation at this site. The Inspector ruled on 2 Preliminary Issues at the opening of the Inquiry, namely, the “Fall back” B2 use and the “Res Judicata” point. However, the Appellant disagreed with this ruling and had made an application for Judicial review and/or a S289 challenge against this ruling and the Council had been named as an interested party in proceedings. He stated that the Council would like to make representations on the matter and bring certain documentation to the Court’s attention through the Treasury Solicitor but there would be cost implications which may not be recoverable as the Council was not the defendant in the matter. Whilst he advised that the Committee would continue to have their monthly updates, he recommended that delegated authority be given to the appropriate Officer to take any necessary action to protect the Council’s position should matters arise that cannot be brought to Committee for a decision.

The Principal Solicitor responded to Members’ queries.

It was moved by Councillor Eleanor Jackson and seconded by Councillor Les Kew and RESOLVED that delegated authority be granted to the Divisional Director of Planning and Transport Development, in consultation with the lead Members of the political groups on the Committee, to take any necessary action that he considers necessary in order to protect the Council as local planning authority in respect of the claim made under Section 289 of the Town and Country Planning Act 1990 and/or for a Judicial Review of the Planning Inspector’s Ruling dated 31^st January 2013 in respect of the former Fuller’s Earthworks, Fosseway, Combe Hay, Bath.