Agenda and minutes

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

The Senior Democratic Services Officer read out the procedure

A Vice Chair was not required

There was an apology from Councillor Martin Veal whose substitute was Councillor Brian Webber

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 was a declaration of interest by Councillor Rob Appleyard regarding the planning applications at Hope House, Lansdown, Bath (Items 2&3, Report 10) as he was a Director of Curo which could be involved in the provision of affordable housing at the site. He would therefore not take part in the consideration of the applications and would not vote.

There was none

The Senior Democratic Services Officer informed the meeting of the public speaking procedure stating that (1) members of the public etc. would be able to make statements on planning applications when reaching their respective items in Reports 9 and 10; and (2) the stallholder of Stall 36 Guildhall Market wished to make a statement which would be heard when reaching Item 11 on the Agenda.

There was none

To approve as a correct record the Minutes of the previous meeting held on Wednesday 22^nd October 2014

The Minutes of the previous meeting held on Wednesday 22^nd October 2014 were approved as a correct record and signed by the Chair

The Committee considered

·  A report by the Group Manager – Development Management on applications for planning permission etc

·  An Update Report by the Group Manager on Item 3, a copy of which is attached as Appendix 1 to these Minutes

·  Oral statements by members of the public etc on Item 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 Cleveland House, Sydney Road, Bathwick, Bath – (1) Change of use from B1 Offices to C3 Residential, including the erection of a single storey side extension with first floor terrace, including internal alterations following the demolition of the existing single storey lavatory block (Revised proposal); and (2) internal and external alterations for the change of use from B1 Offices to C3 Residential, including the erection of a single storey side extension with first floor terrace following the demolition of existing single storey lavatory block – These applications were withdrawn from the Agenda for consideration at the next meeting on Wednesday 10^th December 2014

Item 3 Greenlands, Bath Road, Farmborough – Erection of detached garage and creation of new driveway and provision of new fence; provision of additional patio doors and wc window to bungalow (Resubmission) – The Case Officer reported on this application and her recommendation to grant permission subject to conditions.

The public speakers made their statements against and in favour of the proposal.

The Ward Councillor Sally Davis made a statement on the application.

Members queried the accuracy of the steepness of the ramp access as datum levels had not been provided. Councillor Bryan Organ moved that the Officer recommendation be overturned and that permission be refused due to the steepness of the access, the sharp turn into the property and the detrimental impact on adjoining properties. The motion was seconded by Councillor Vic Pritchard.

Members debated the motion. Councillor Les Kew stated that an access was required and the provision of a garage in this position was better than one being provided at the top of the driveway. He considered that the levels was an issue that needed to be addressed and that the application should be deferred for a surveyor’s report. There was further discussion about the access, the turning head and the adequacy of the acoustic fence. The Group Manager – Development Management advised that the information provided on the access was considered to be acceptable and that the associated site plan included details of levels and that the acoustic fence had been assessed by Environmental Health Officers and found to be satisfactory. The Senior Highways Development Officer stated that the turning head was satisfactory.

The Chair put the motion to the vote. Voting: 6 in favour and 6 against with 1 abstention. The Chair used his second and casting vote against the motion and therefore the motion was lost.

Councillor Curran  ...  view the full minutes text for item 77.

The Committee considered

·  The report of the Group Manager – Development Management on various applications for planning permission etc.

·  An Update Report by the Group Manager on Item Nos. 1, 5 and 6, a copy of which is attached as Appendix 1 to these Minutes

·  Oral statements by members of the public etc. on Item Nos. 1-3 and 7-10, 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 4 to these Minutes

Item 1 MoD, Ensleigh, Granville Road, Lansdown, Bath – Full planning permission for the erection of 181 residential units (Use Class C3), a neighbourhood retail store of up to 267 sq m GIA (Use Class A1), associated highway works, infrastructure and public open space; and outline planning permission for a 72 unit Extra Care Facility (Use Class C3) – The Case Officer reported on this application and his recommendation to (A) authorise the Planning and Environmental Law Manager to enter into a S106 Agreement to secure various provisos relating to Affordable Housing, Primary School, Transport and Open Space; and (B) subject to the prior completion of the above Agreement, authorise the Group Manager to grant permission subject to conditions. He referred to the Update Report which outlined objections by the Bath Preservation Trust to the proposal and comments received from the Council’s Neighbourhood Environmental Services.

The public speakers made their statements against and in favour of the proposals.

Councillor Patrick Anketell-Jones as Ward Member on the Committee opened the debate. He referred to concerns about the sustainability of the community although this was a communal scheme which met most of the Council’s aspirations. Provision of the school was crucial to the development and he requested confirmation that the unconditional contract for the school development would not be jeopardised. There would be a lot of disturbance for residents while construction work was being undertaken. He also referred to the condition of the surface of Granville Road and the possibility that Colliers Lane may become busier as a result of this development. Members asked various questions about the development to which the Case Officer responded.

Councillor Les Kew commended the Officers for their assessment of this major application and moved the Officer recommendation. Members discussed the proposals. The issue of provision of a school was raised and contributions towards its capital cost. The Case Officer referred to the timing of the development and that the school was anticipated to open in September 2017. There would be contributions towards the purchase of the land and the school building. Councillor Bryan Organ complimented the Officers for their work on the application. He considered that this was a good development and would improve the appearance of the entry to the World Heritage Site on this side of the City. The contract for the site of the school was in hand so it would go ahead. He therefore  ...  view the full minutes text for item 78.

To consider a recommendation to authorise enforcement action regarding unauthorised alterations

The Committee considered (1) a report which sought Members’ authority to take enforcement action in respect of unauthorised alterations to Stall 36 in the Guildhall Market; and (2) an oral statement by the stallholder against enforcement action.

The Team Manager - Planning and Conservation gave a power point presentation outlining the unauthorised works.

Members discussed the matter. Councillor Manda Rigby opened the debate as the site was in her Ward. She considered that the Market was quite eclectic with a mix of styles and the manner in which products were displayed. The enclosed stalls were more secure. There had been some confusion regarding what was appropriate by the Planning and Property Services Departments of the Council. She felt that the stall was not out of keeping and therefore enforcement action should not be taken. Councillor Ian Gilchrist declared a minor interest in the matter, as the stallholder resided in his Ward and he had been assisting the stallholder in Council process as part of his role as Ward Councillor. He agreed with the comments by Councillor Manda Rigby and therefore moved that no enforcement action be taken, which was seconded by Councillor Rigby. Councillor Patrick Anketell-Jones also acknowledged that he knew the stallholder and had bought items from the stall, but did not consider that his participation in the matter could be unreasonable because of this.

Members debated the motion. It was generally felt that some tolerance needed to be exercised as there were already some enclosed stalls which were not intrusive. In response to Members’ queries, the Group Manager – Development Management stated that no proposal had been received from the stallholder and listed building consent had not been given. The decision of the Planning Inspector on an appeal against a previous refusal of consent had referred to the open nature of Market stalls and that the stall would appear too solid and more appropriate to an arcade than a market. However, the design as built was different with a wider door opening and different windows, and this could be a reason for not taking enforcement action. He continued by saying that, if Members made this decision, the works would not be authorised, but no further action would be taken as things stand. The Chair summed up the debate.

After debate, the motion was put to the vote.

RESOLVED that it was not expedient for enforcement action to be taken in respect of the listed building contravention as outlined in the report

Voting: 8 in favour and 2 against with 3 abstentions.

To note the report

The Committee (1) considered the report of the Group Manager - Development Management which provided performance information across a range of activities within the Development Management function for the period July to September 2014; and (2) noted the report.

The report was noted