Agenda and minutes

In the absence of Councillor Gerry Curran, Councillor Nicholas Coombes took the Chair for the duration of the meeting.

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

An apology for absence was received from Councillor Gerry Curran 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 an interest in the planning application at Gibbs Mews, Walcot Street, Bath (Item 1, Report 10) as he had worked briefly with one of the public speakers on this Item; however, he did not consider that this would prejudice his judgment of the application. Councillor Manda Rigby stated that she had pre-determined the application at Gibbs Mews and therefore she would make a statement as Ward Member and then leave the meeting for its consideration.

There were no items of urgent business.

The Senior Democratic Services Officer informed the meeting that there was a speaker on Former Fullers Earthworks (Item 11) and that she would be able to do so when reaching that Item on the Agenda. There were also a number of speakers wishing to make statements on planning applications, Items 1-4 of Report 10 on the Agenda, and that they would be able to do so when reaching those Items in that Report.

There were no items from Councillors.

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

The Minutes of the previous meeting held on Wednesday 13^th March 2013 were approved as a correct record and signed by the Chair subject to, in the 6^th line of Minute No 142, the words “the Friends of Bath” being inserted before “Abbey Management Committee.”

(Note: An amendment to change the word “detention” to “retention” pond in the last sentence of the 1^st paragraph of Minute No 148 was not made as it was subsequently established that “detention” was the correct term.)

The Senior Professional – Major Developments to provide an oral update

The Senior Professional – Major Development gave Members an overview on the 3 MoD sites in Bath and updated specifically as follows:

Ensleigh, Lansdown – Two parcels of land, the smaller sold and a planning application submitted and the larger parcel bought by a management company which was negotiating with prospective developers. There was a possibility that land to the north of the latter could be acquired as an extension to this land.

Warminster Road – The freehold had been acquired and discussions were being held with development partners. A planning application was anticipated by the end of the year.

Foxhill, Combe Down – The site had been acquired by Curo (formerly Somer) and discussions would be held in due course.

Councillor Eleanor Jackson referred to the barriers outside Bath Spa Station and enquired about the location of the bus shelter. The Officer stated that, in the absence of information, he would respond to Councillor Jackson and/or report back to the next meeting.

Councillor Bryan Organ enquired about the delay in development of the former Cadbury’s site, Somerdale, Keynsham. The Officer responded that an application had been received comprising many large documents which would need a lot of consideration. He would inform the Committee when the application was confirmed to be valid. The Chair requested that Ward Members be kept informed.

The Committee noted.

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 and 2, a copy of which is attached as Appendix 1 to these Minutes

·  Oral statements by members of the public etc on Item Nos 1-4, 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.

Item 1 Gibbs Mews, Walcot Street, Bath – Erection of 4 dwellings (Retrospective amendments to Application 08/00591/FUL amended 11/03532/NMA) – The Case Officer reported on this application and her recommendation to refuse permission. She referred to the Update Report which commented on additional information received from the applicant.

The public speakers made their statements against and in favour of the application. Councillor Manda Rigby made a statement against the proposals and then left the meeting in view of her pre-determination declared earlier in the meeting.

The Case Officer and the Team Leader – Development Management provided advice regarding use of materials.

Councillor Eleanor Jackson opened the debate. The development had been viewed at the Site Visit prior to this meeting. There was no problem with the principle of the development although she felt that the landscaping was poor. The use of artificial stone did not conserve or enhance the appearance of the development in this part of the Conservation Area or the World Heritage Site or when viewed from the River. She therefore moved the recommendation to refuse permission which was seconded by Councillor Les Kew.

Members debated the motion. Most Members considered that there was no blame on the Council’s part and that the applicants had proceeded using the wrong materials without due authorisation. The use of Natural Bath Stone was required for a good reason.

The motion was put to the vote and was carried unanimously.

Items 2&3 Charmydown Lodge, Charmydown Lane, Swainswick, Bath – (1) Conversion of Charmydown Barn to a 5 bed dwelling, alteration and reinstatement of Charmydown Lodge to a 3 bed dwelling, retention of new detached garage block, minor works to the walls of the former pigsties and associated soft and hard landscaping following demolition of modern barns, stables and lean-to (Revisions to permitted scheme 08/04768/FUL and 08/04769/LBA); and (2) Internal and external alterations for the conversion of Charmydown Barn to a 5 bed dwelling, alteration and reinstatement of Charmydown Lodge to a 3 bed dwelling, retention of new detached garage block, minor works to the walls of the former pigsties following demolition of modern barns, stables and lean-to (Revisions to permitted scheme 08/04768/FUL and 08/04769/LBA) – The Case Officer reported on these applications for planning permission and listed building consent and the recommendations to (1) refuse permission and (2) grant consent with conditions. She referred to receipt of a letter from the applicants’ Solicitors. The Update Report gave a further Officer  ...  view the full minutes text for item 162.

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

The Development Manager and the Principal Solicitor reported on the current situation as regards appeals and Enforcement Notices relating to the above site. The appeals against the 3 Notices had now been withdrawn by the appellants. As regards Notice 01, the owners contended that they had complied with the requirements of the Notice. The Officers had visited the site (with representatives of the Environment Agency) and could confirm that they had not fully complied. The Council, however, had today withdrawn Notice 01 leaving the 2^nd Bite Notice in place to protect the Council’s position.

The Officers responded to various questions by Members including references to photographs of the site, the role of the Environment Agency and the current appearance of the site.

The public speakers made their statements on the matter (see Appendix 2 to these Minutes).

Members considered the situation and asked further questions to which the Officers responded.

The Committee thanked the Officers for their update and noted the current position.

In the absence of Councillor Gerry Curran, Members expressed their best wishes for his 50^th birthday.