Agenda and minutes

Venue: Council Chamber - Guildhall, Bath

Contact: David Taylor  01225 - 394414

Media

Items
No. Item

36.

Emergency evacuation procedure

The Chair will ask the Committee Administrator to draw attention to the emergency evacuation procedure as set out under Note 7

Additional documents:

Minutes:

The Senior Democratic Services Officer read out the procedure.

37.

Election of Vice Chair (if desired)

Additional documents:

Minutes:

A Vice Chair was not required.

38.

Apologies for absence and Substitutions

Additional documents:

Minutes:

There was an apology for absence from Councillor Martin Veal, whose substitute was Councillor Sally Davies.

39.

Declarations of Interest

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.

Additional documents:

Minutes:

Councillor Rob Appleyard declared an interest in the planning application at Hope House, Lansdown Road, Bath (Item 1, Report 10) as he was a Director of Curo. He would therefore not take part in the debate or vote. Councillor Les Kew declared an interest in the application at Parcel 3300 Temple Inn Lane, Temple Cloud (Item 3, Report 10) as he was instrumental in achieving speed limits to Harts Lane, Hallatrow, where he resided and therefore he would not take part in the debate if this was raised.

40.

To Announce any Urgent Business Agreed by the Chair

Additional documents:

Minutes:

There was none.

41.

Items from the Public - To receive Deputations, Statements, Petitions or Questions

(1) At the time of publication, no items had been submitted.

 

(2) To note that, regarding planning applications to be considered, members of the public who have given the requisite notice to the Committee Administrator will be able to make a statement to the Committee immediately before their respective applications are considered. There will be a time limit of 3 minutes for each proposal, ie 3 minutes for the Parish and Town Councils, 3 minutes for the objectors to the proposal and 3 minutes for the applicant, agent and supporters. This allows a maximum of 9 minutes per proposal.

Additional documents:

Minutes:

The Senior Democratic Services Officer informed the meeting that were a number of people wishing to make statements on planning applications and that they would be able to do so when reaching their respective items in Reports 9 and 10 on the Agenda. The Chair stated that the time had been extended on Items 1 and 2 on the Main List due to the number of speakers and the nature of the applications.

42.

Items from Councillors and Co-opted Members

To deal with any petitions or questions from Councillors and where appropriate Co-opted Members

Additional documents:

Minutes:

There were none.

43.

Minutes: 30th July 2014 pdf icon PDF 80 KB

To approve as a correct record the Minutes of the previous meeting held on Wednesday 30th July 2014

Additional documents:

Minutes:

The minutes of the previous meeting held on Wednesday 30th July 2014 were approved as a correct record and signed by the Chair, subject to the following additional wording being included in Minute 32 regarding the Bath Recreation Ground planning application:

 

“Legal advice was sought on the determination of the application before some Members were willing to take part in the discussion. After discussion, advice given was that it was the duty of this Committee to determine the application irrespective of any other court issues around land use, covenants, ownership, size of developable land or status. Failure to do so would be breaking the law. Members taking part in the discussion would be indemnified by the Council if any legal action was taken against them as a result of their participation in the debate.”

44.

Site Visit List - Application for Planning Permission Etc for Determination by the Committee pdf icon PDF 143 KB

Additional documents:

Minutes:

The Committee considered

 

  • The report of the Group Manager – Development Management on an application for planning permission etc.
  • An oral statement by a member of the public speaking against the proposal, the Speakers List being attached as Appendix 1 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 2 to these Minutes

 

Former Rockery Tea Gardens, North Road, Combe Down, Bath – Erection of a detached single storey dwelling (Revised proposal) - The Case Officer reported on this application and her recommendation to (A) authorise the Group Manager, in consultation with the Planning and Environmental Law Manager, to enter into a S106 Agreement to provide/agree various provisos; and (B) on completion of an acceptable S106 legal agreement, grant permission subject to conditions. The Case Officer provided an oral update to the recommendations section of her report to amend the proviso in the S106 relating to the Management Company to state as follows: “to provide by way of management company for the future maintenance of the communal road leading to the dwelling.”

 

The public speaker made a statement against the proposal which was followed by a statement by the Ward Councillor Cherry Beath against the application.

 

After receiving a response to a query, Councillor Ian Gilchrist moved that the Officer recommendation be overturned and that permission be refused on the grounds that the mitigation measures were insufficient to compensate for the loss of woodland. It was seconded by Councillor Rob Appleyard.

 

Members debated the motion. The Case Officer responded to a number of queries by Members including the earlier scheme and the S106 Agreement. It was generally felt that the loss of trees was a significant issue in this sensitive site. However, it was agreed that further reasons for refusal be added, namely, overdevelopment of the site, overlooking and loss of woodland as an area of amenity. Some Members considered that the mitigation measures were sufficient to cover the loss of woodland.

 

The Chair summed up the debate and put the motion to the vote which was carried, 11 voting in favour and 2 against. Motion carried.

Update Report 3rd Sept 2014 pdf icon PDF 69 KB

Site Visit decision 3.9.14 pdf icon PDF 12 KB

45.

Main Plans List - Applications for Planning Permission Etc for Determination by the Committee pdf icon PDF 980 KB

Additional documents:

Minutes:

The Committee considered

 

  • A report by the Group Manager – Development Management on various applications for planning permission etc.
  • Oral statements by members of the public etc. on Item Nos. 1 - 9, the Speakers List being attached as Appendix 1 to these Minutes
  • An Update Report on Item Nos. 1 – 3 and 8, the Report being attached as Appendix 3 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 Hope House, Royal High School, Lansdown Road, Lansdown, Bath – Residential development of 58 dwellings, including the conversion of Hope House and associated infrastructure and parking following demolition of existing school buildings – The Case Officer reported on this application and her recommendation to (A) authorise the Group Manager, in consultation with the Planning and Environmental Law Manager, to enter into a S106 Agreement to provide/agree various provisos; and (B) on completion of an acceptable S106 Agreement, grant permission subject to various conditions. She referred to various typographical errors regarding the dates of consultation responses in the report and advised members that a revised vehicle tracking plan had been received and was considered acceptable. The Update Report provided further information on the scheme and slightly amended the recommendation.

 

The public speakers made their statements against and in favour of the proposals. The Ward Councillor Anthony Clarke made a statement on the matter.

 

Councillor Patrick Anketell-Jones, as Ward Member on the Committee, opened the debate. He commented on the application and referred to the large number of objections received and increased number of houses proposed for the site. He considered that Block C was 30% bigger and could be reduced by a floor. The quality of the design on the lower part of the site was poor and did not contribute to the setting of the World Heritage site and the Conservation Area. He acknowledged that there were some good aspects of the application.

 

Members asked questions to which the Case Officer responded. There was some discussion about the affordable housing aspect of the development. It was queried whether the application could be split into two so that some of the application could be approved and the other part refused. The Team Manager – Development Management stated that the application could not be split into two and would need to be considered as submitted. The Senior Legal Adviser supported this view. Councillor Les Kew moved that the Officer recommendation be overturned and that permission be refused on the basis that the design of houses on the lower section of the site was not acceptable and adversely affected the character and appearance of the Conservation Area. The motion was seconded by Councillor Patrick Anketell-Jones.

 

Members debated the motion. Some Members considered that the total scheme had merit and could be approved.

 

The Chair summed up the debate and put the motion to the vote. Voting: 7 in favour  ...  view the full minutes text for item 45.

Main decisions 3.9.14 pdf icon PDF 69 KB

Speakers' list pdf icon PDF 55 KB

46.

Quarterly Performance Report - April to June 2014 pdf icon PDF 224 KB

To note the report

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Minutes:

The report was noted.

47.

New Planning Appeals Lodged, Decisions Received and Dates of Forthcoming Hearings/Inquiries pdf icon PDF 89 KB

To note the report

Additional documents:

Minutes:

The report was noted.