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

There was an apology for absence from Councillor David Veale whose substitute was Councillor Sally Davis

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 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.

There were no declarations of interest

There were no items of urgent business

The Senior Democratic Services Officer informed the meeting that there were 2 speakers wishing to make statements on the Local Enforcement Plan (Report 11) and that they 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 Report 10 and they would be able to do so when reaching those Items on the Agenda.

There were no items from Councillors

To confirm as a correct record the Minutes of the previous meeting held on Wednesday 5^th June 2013

The Minutes of the previous meeting held on Wednesday 5^th June 2013 were approved as a correct record and were signed by the Chair

The Development Manager to report

The Chair stated that there was no update for this meeting on major developments but, if Members had any questions, these could be directed to Officers.

The Committee noted.

The Committee considered

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

·  An Update Report on Item Nos 6 and 8, a copy of which is attached as Appendix 1 to these Minutes

·  Oral statements by members of the public etc on Item Nos 2 and 6-12, 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 No 169 Newbridge Hill, Bath – Erection of an 11 bed care home to the rear of the existing care home and associated works – The Team Leader – Development Management stated that it had just come to light that some of the planning history of the site had not been included in the report and that this would be a material consideration in this planning application. He therefore recommended that consideration of the application be deferred for an assessment of this information. He suggested that it may be useful to hold a Site Visit before a revised report on this application is reconsidered by Members at the next meeting.

Members debated the matter. Councillor Eleanor Jackson moved the Officer recommendation to Defer for consideration of the planning history and a Site Visit. The motion was seconded by Councillor Manda Rigby. The Chair stated that it was likely that, even without this new information, the application would have been deferred for a Site Visit. The motion was put to the vote and was carried unanimously.

Item 2 Former Little Chef, Lower Bristol Road, Farrington Gurney – Refurbishment of existing restaurant (A3) to create restaurant (A3) and takeaway (A6) including single storey extensions, installation of cod and canopy, installation of drive through lane and associated works to the site (Resubmission) – The Case Officer reported on this application and his recommendation to refuse permission.

The public speaker made a statement against the proposal.

Councillor Les Kew as Ward Member opened the debate and read out a letter from the Chairman of Farrington Gurney Parish Council. He referred to the issues of noise from cars that would use the “drive through” facility and the impact on adjoining houses - this was considered to be unacceptable. He therefore moved the Officer recommendation to refuse which was seconded by Councillor Doug Nicol.

Members debated the motion. It was generally felt that the increased use of the premises with a takeaway and “drive through” and, in addition, increased hours of operation, would create unacceptable disturbance. It would be detrimental to the amenities of adjoining residents.

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

Items 3-5 Former Little Chef, Lower Bristol Road, Farrington Gurney – (1) Installation of 2 white acrylic “McDonalds” text signs and 2 yellow acrylic “golden arch” symbol signs (Revised proposal); (2) display of 1 internally illuminated gateway sign, 4 internally illuminated totem signs, 5 non-illuminated directional signs, 1 non-illuminated banner  ...  view the full minutes text for item 28.

To consider a report recommending that the policy and contents be noted and to accept the use of the Enforcement Complaint Form

The Principal Enforcement Officer submitted a report regarding the Council publishing a Local Enforcement Plan to manage enforcement proactively in a way appropriate to its area as recommended to local planning authorities in the National Planning Policy Framework (NPPF). It recommended the Committee to note the Policy (Appendix A to the report) and its contents, and accept the use of the Enforcement Complaint Form (Appendix B).

Peter Duppa-Miller (Local Councils Association) and Caroline Kay (Chief Executive of the Bath Preservation Trust) made Statements on the Plan and requested some amendments (Note: Copies of their Statements are included in the Minute Book).

Members debated the issues raised in the report and Plan and requested consideration by Officers of the points raised by the public speakers. The following comments were made together with suggested amendments for inclusion in the Plan:

·  The principle of openness was welcomed

·  What time limit would be imposed for concluding negotiations on enforcement matters?

·  Agree that enforcement action be taken when expedient to do so and not relate to non-planning considerations

·  Ward Councillors and Parish Councils should be kept informed on enforcement matters

·  Where anonymous complaints are made, even if no investigation is done, there should still be some checks undertaken when resources allow

·  There should be some protection for trees not covered by a TPO or outside a Conservation Area (Note: The Chair responded that this would not really be possible where trees had been removed; also there would not be the resource to undertake this huge task)

·  Where there is some informal action on an enforcement issue, this should go into the public domain

·  There should be clarity on the degree of protection of trees in the Conservation Area where they add to the ambience of the Area

·  Regarding unauthorised demolition, wording should be added to cover whether deliberate or by wilful neglect

The Principal Enforcement Officer responded to some of the points raised.

Councillor Les Kew moved that the Committee (1) note the attached Policy and await the amended version; and (2) accept the use of the Enforcement Complaint Form. This was seconded by Councillor Bryan Organ and, on being put to the vote, was carried unanimously.

Members commented on some of the appeals and noted the report

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

The Principal Solicitor informed Members that an update report would be submitted to the next meeting. The Chair requested that it be the first substantive item on the Agenda.

The Committee noted.