Agenda and minutes

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Items
No. Item

84.

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

85.

Election of Vice Chair (if desired)

Minutes:

A Vice Chair was not required

86.

Apologies for absence and Substitutions

Minutes:

An apology for absence was received from Councillor Doug Nicol whose substitute was Councillor Dine Romero

87.

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:

There were no declarations of interest

88.

To Announce any Urgent Business Agreed by the Chair

Minutes:

There were no items of urgent business

89.

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 etc. wishing to make statements on the Enforcement Item (Report 11) relating to The Old Orchard, 1 The Shrubbery, Lansdown, Bath, and that they would be able to do so when reaching that Item on the Agenda. There were also a number of people wishing to speak on planning applications in Reports 12 and 13 and they would be able to make their statements when reaching their respective items in those Reports.

90.

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

91.

Minutes: Wednesday 23rd November 2011 pdf icon PDF 45 KB

To approve as a correct record the Minutes of the previous meeting held on Wednesday 23rd November 2011

Additional documents:

Minutes:

The Minutes of the previous meeting held on Wednesday 23rd November 2011 were approved as a correct record and signed by the Chair

92.

Major Developments

The Senior Professional – Major Developments to provide an oral update

Minutes:

The Development Manager reported that there were no issues on major developments on which to update Members but, if Members had any queries, they could raise them with the Senior Professional - Major Developments direct

93.

New Planning Appeals Lodged, Decisions Received and Dates of Forthcoming Hearings/Inquiries pdf icon PDF 90 KB

To note the report

Minutes:

The Committee noted the report and congratulated Officers on their success rate in appeals being dismissed

94.

Enforcement Report - The Old Orchard, 1 The Shrubbery, Lansdown, Bath pdf icon PDF 63 KB

Additional documents:

Minutes:

The Committee considered (1) a report by the Development Manager requesting Members to authorise enforcement action regarding the materials used to clad the boundary wall to the garden and parking areas which did not match the approved sample; (2) oral statements by a representative of St James' Park Residents Association supporting enforcement action and the owner of the property speaking against enforcement action; and (3) a statement by the Ward Councillor Patrick Anketell-Jones raising various issues.

 

The Team Leader - Development Management reported on the matter by means of a power point presentation. The Development Manager reminded Members of their decision at the previous meeting and that the only outstanding issue for consideration related to whether enforcement action should be authorised on the cladding of the stone wall.

 

The Chair stated that The Shrubbery was an important walkway and needed to be protected. Councillor Neil Butters accepted the owner's submission that the cladding had been done correctly and moved that enforcement action should not be authorised. This was seconded by Councillor Brian Webber who felt that the owner had narrowly complied with the condition and therefore enforcement action would not be justified.

 

Members discussed the issue of the colour of the stone cladding which appeared to be different to that which had been approved. Some Members felt that the cladding should be replaced. It was pointed out that, according to information obtained from the supplier of the stone, the shade of colour can vary. Officers suggested that this could be due to the stone being quarried at a different time and at a different depth. However, in this case, the colour appeared not to match the approved sample. The Development Manager commented on the issues and informed Members that it was Officers’ professional opinion that the condition had not been complied with and the colour of the unauthorised stone cladding was harmful to the Conservation Area, adjoining listed buildings and the Bath World Heritage Site.

 

The motion was put to the vote and it was Resolved that enforcement action should not be authorised regarding the stone cladding to the boundary wall and parking areas (Voting: 8 in favour and 2 against with 2 abstentions).

95.

Site Visit List - Applications for Planning Permission Etc for Determination by the Committee pdf icon PDF 1014 KB

Additional documents:

Minutes:

The Committee considered

 

·  a report by the Development Manager on a planning application on land rear of Holly Farm, Brookside Drive, Farmborough

 

·  an Update Report by the Development Manager on this application, a copy of which is attached as Appendix 1 to these Minutes

 

·  oral statements by members of the public etc., a copy of which is attached as Appendix 2 to these Minutes

 

RESOLVED that, in accordance with their delegated powers, the application be determined as set out on the Decision List attached as Appendix 3 to these Minutes.

 

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 Report; and (C) upon completion of the Agreement, to authorise the Development Manager to Permit the application subject to various conditions. She referred to the Update Report which informed Members of further consultation responses having been received. Members of the public etc then made statements against and in favour of the proposal which was followed by a statement by the Ward Councillor Sally Davis.

 

Members asked questions to which Officers responded. Concerns were expressed about the size of the proposed development, its access and highway safety.

 

Councillor Bryan Organ moved that permission be refused which was seconded by Councillor Martin Veal. Members debated the motion and raised various other concerns such as the layout of the development and the location of the affordable housing, the effect on residents of Brookside Drive, parking, cramped development and sustainability. A Member however, considered that this was a good development providing both affordable and retirement housing. After hearing the debate, Councillor Bryan Organ clarified that the reasons for refusal were: overdevelopment of the site, an adverse effect upon highway safety in terms of the junction with the main road, an adverse effect from construction traffic, the sustainability of the site’s location outside the housing development boundary, unacceptable layout in particular the location of the affordable housing and the effect upon parking conditions in Brookside Drive.

 

The Development Manager explained that, because this was an outline application, layout and the location of the affordable housing could not be considered until the Reserved matters stage. She advised Members that this was a safeguarded site in the Local Plan and the proposal, together with the proposed S106 Agreement complied with the principles of the Council’s Draft Core Strategy and she reminded the Committee that the Highways Officers had no objection on highway safety grounds. The Development Manager further advised that the effect of construction traffic could be dealt with by the imposition of a suitable condition and that the number of dwellings proposed was close to that included in  ...  view the full minutes text for item 95.

96.

Main Plans List - Applications for Planning Permission Etc for Determination by the Committee pdf icon PDF 596 KB

Additional documents:

Minutes:

The Committee considered:

 

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

 

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

 

·  Oral statements by members of the public etc. on Item Nos. 1, 2, 5 and 6, a copy of which is 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.

 

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 (Resubmission)(Ref No 11/04166/FUL); and (2) demolition of all existing properties with the exception of a portion of historic stone wall to Rock Hall Lane (Ref No 11/04167/CA) – The Historic Environment Team Leader and the Planning Officer reported on these applications and their recommendations to refuse permission/consent. Attention was drawn to the Update Report which contained further information and summarised further representations received and recommended the deletion of the 3rd reason for refusal on application (1) above. The public speakers made their statements against and in favour of the proposals and the Ward Councillors Cherry Beath and Roger Symonds made statements supporting the proposals.

 

The Development Manager advised Members that the Secretary of State was due to make an Environmental Impact Assessment (EIA) screening direction and, therefore, if Members were minded to Permit, the matter should be delegated to Officers to Permit subject to the Secretary of State making a negative screening opinion. She also advised Members that the Secretary of State had been asked to consider “listing” the existing buildings. She advised that, whilst this did not affect Members’ decision today, if the Secretary of State should “list” the buildings before any permission/consent were implemented, then the applicant would need to obtain listed building consent as well.

 

Councillor Eleanor Jackson agreed with the Officers’ recommendations and moved that the applications be refused accordingly which was seconded by Councillor Liz Hardman. Members debated the motions. Most Members were supportive of the scheme as they considered that the existing buildings were not of significant architectural and historical merit to warrant their retention. The design of the new buildings with a zero carbon rating was good and would fit into the streetscape. The motions to Refuse were put to the vote. Voting: 2 in favour and 8 against with 2 abstentions. Motions lost. It was then moved by Councillor Neil Butters and seconded by Councillor David Martin to Delegate to Officers to Permit/Consent subject to the Secretary of State issuing a negative EIA screening direction, the completion of a S106 Agreement to secure financial contributions  ...  view the full minutes text for item 96.