Agenda and minutes

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Items
No. Item

72.

Emergency evacuation procedure

The Chair will ask the Committee Administrator to draw attention to the emergency evacuation procedure as set out under Note 6

Minutes:

The Senior Democratic Services Officer read out the procedure

73.

Election of Vice Chair (if desired)

Minutes:

A Vice Chair was not required

74.

Apologies for absence and Substitutions

Minutes:

An apology for absence was received from Councillor Doug Nicol whose substitute was Councillor Jeremy Sparks

75.

Declarations of Interest

Members who have an interest to declare are asked to state:

 

(a) the Item No and site in which they have an interest; (b) the nature of the interest; and (c) whether the interest is personal or personal and prejudicial.

 

Any Member who is unsure about the above should seek advice from the Monitoring Officer prior to the meeting in order to expedite matters at the meeting itself.

Minutes:

Councillor Lisa Brett declared a personal but non-prejudicial interest in the planning application at 153 Newbridge Hill as her father knew the applicant’s father. As this was not a substantial and prejudicial interest, she would speak and vote on this item.

76.

To Announce any Urgent Business Agreed by the Chair

Minutes:

There were no items of urgent business

77.

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.

Minutes:

The Senior Democratic Services Officer informed the meeting that there were members of the public wishing to make statements on the Enforcement Report 11 relating to The Old Orchard, The Shrubbery, Lansdown, and that they would be able to do so when reaching that item. There were a number of people wishing to speak on the planning applications in Report 10 and they would be able to make their statements when reaching those respective items in that Report.

78.

Items from Councillors and Co-opted Members

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

Minutes:

There were no items from Councillors

79.

Minutes: Wednesday 26th October 2011 pdf icon PDF 54 KB

To approve as a correct record the Minutes of the previous meeting held on Wednesday 26th October 2011

Additional documents:

Minutes:

The Minutes of the previous meeting held on Wednesday 26th October 2011 were approved as a correct record and signed by the Chair

80.

Major Developments

The Senior Professional – Major Developments to provide an oral update

Minutes:

The Senior Professional – Major Developments informed the meeting that there were no issues on major developments on which to update Members.

 

The Committee noted.

81.

Main Plans List - Applications for Planning Permission Etc for Determination by the Committee pdf icon PDF 502 KB

Additional documents:

Minutes:

The Committee considered

 

·  A report by the Development Manager on various planning applications

 

·  An Update Report by the Development Manager on Items Nos. 1-3 and 5, the Report being 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.

 

Items 1&2 Gammon Plant Hire, Rock Hall Lane, Combe Down, Bath – 1) Erection of 1 Mining Interpretation Centre (rated BREEAM Excellent) 8 Eco Homes (rated Code 5 zero carbon), 1 apartment (rated Code 5 zero carbon) and all associated hard and soft landscaping following demolition of all existing properties with the exception of a portion of historic stone wall to Rock Hall Lane (Ref No. 11/04168/FUL) (Resubmission); and 2) demolition of all existing properties with the exception of a portion of historic wall to Rock Hall Lane (11/04167/CA) – The Historic Environment Team Leader and the Planning Officer reported on these applications and their recommendations to refuse permission/consent. The Update Report gave further information on the applications and recommended an additional reason for refusal on the planning application (Ref No 11/04168/FUL). The public speakers made statements for and against the applications and the Ward Councillors Cherry Beath and Roger Symonds made their statements in favour of the proposals.

 

Members asked questions about the environmental issues raised by one of the public speakers regarding the screening opinion. One of the concerns raised related specifically to the fact that the revised screening opinion had only been in the public domain 5 days before the meeting. The Planning and Environmental Law Manager recommended that, in the circumstances, it would be better to defer the applications to allow the revised screening opinion a longer period in the public domain given the period set out in the Regulations for adopting screening opinions. It was therefore moved by Councillor Martin Veal and seconded by Councillor Lisa Brett to defer consideration to allow further time for third parties to be able to comment on the screening opinion. Members briefly debated the motion and it was then put to the vote. Voting: 11 in favour and 0 against with 1 abstention. Motion carried.

 

Item 3 Land rear of Holly Farm, Brookside Drive, Farmborough – Residential development comprising 38 dwellings with associated access, car parking and landscaping – The Case Officer reported on this application and her recommendation (A) that the application be referred to the Secretary of State as a departure from the Development Plan; (B) to authorise the Planning and Environmental Law Manager to secure an Agreement under Section 106 of the Town and Country Planning Act 1990 as detailed in the Officer’s Report; and (C) upon completion of the Agreement, to authorise the Development Manager to permit the application subject to various conditions set out in the Report. The  ...  view the full minutes text for item 81.

82.

Enforcement Report - The Old Orchard, 1 The Shrubbery, Lansdown, Bath pdf icon PDF 57 KB

Referring to the Site Visit held on 14th November, to consider a recommendation to take enforcement action relating to a) materials used to clad the boundary wall to the garden and parking areas and parts of the new dwelling which do not match the approved sample; b) the boundary to the property which has not been constructed in accordance with the details approved under planning permission 09/00367/FUL; c) the boundary to the parking area which has not been constructed in accordance with approved plan S2B in breach of Condition 10 of planning permission 09/00367/FUL; d) the surface of the parking area which has not been constructed in accordance with approved plan S2B in breach of Condition 10 of planning permission 09/00367/FUL; and e) gates to the parking area which have been erected on the western boundary without planning permission

Additional documents:

Minutes:

The Committee considered (1) a report by the Development Manager requesting Members to authorise enforcement action regarding (a) the materials used to clad the boundary wall to the garden and parking areas and parts of the new dwelling which did not match the approved sample; (b) the boundary to the property which had not been constructed in accordance with the details approved under planning permission 09/00367/FUL; (c) the boundary to the parking area which had not been constructed in accordance with the approved plan S2B in breach of Condition 10 of planning permission 09/00367/FUL; (d) the surface of the parking area which had not been constructed in accordance with the approved plan S2B in breach of Condition 10 of planning permission 09/00367/FUL; and (e) gates to the parking area which had been erected on the western boundary without planning permission; (2) oral statements by a representative of St James’ Park Residents Association speaking in favour of enforcement action and from the owner of the property speaking against enforcement action; and (3) a statement by the Ward Councillor Patrick Anketell-Jones raising various concerns.

 

The Team Leader – Development Management reported on the issues by means of a power point presentation.

 

The Members discussed the matter. Various issues were raised such as sample panels not being available and the need to ascertain whether there were differences in shades of stone between the suppliers’ sample and the materials on the site; the possibility of gravel spilling out onto the footway; the differences in dimensions of the walls and gates from the approved plans. Some Members considered that some of the changes affected residents’ amenities but others did not. The Chair gave his views on whether enforcement action should be authorised on the various aspects of concern. It was agreed that each aspect of unauthorised work should be considered individually as to whether enforcement action should be authorised.

 

After voting on these aspects, the Committee RESOLVED: That

 

(1) enforcement action be authorised relating to (i) the gates to both sides of The Shrubbery; and (ii) the gravel to the parking area;

 

(2) enforcement action not be authorised relating to (i) the gates facing St James’ Park; and (ii) the cladding to the house; and

 

(3) a decision to authorise enforcement action on the boundary wall be deferred until information had been obtained from the suppliers of the materials regarding different colours of material available.

83.

New Planning Appeals Lodged, Decisions Received and Dates of Forthcoming Hearings/Inquiries pdf icon PDF 45 KB

To note the report

Minutes:

The Committee noted the report