Agenda and minutes

The Senior Democratic Services Officer read out the procedure

A Vice Chair was not required

An apology for absence was received from Councillor Martin Veal whose substitute was Councillor Sally Davis

Councillor Sally Davis stated that, as Ward Councillor for the application at Barton House, Barton Lane, Corston (Item 1, Report 10), she would leave the meeting for its consideration.  

There were no items of Urgent Business. The Chair however informed the meeting that, due to certain circumstances, a request had been received from another speaker to make a Statement against confirmation of the Tree Preservation the subject of Agenda Item 12. The Committee agreed that she should be allowed to make a Statement on this occasion.

The Senior Democratic Services Officer informed the meeting that a speaker wished to make a Statement on the Tree Preservation Order the subject of Agenda Item 12 and that they would be able to do so when reaching that Item. The Committee had earlier agreed that an additional speaker would also be allowed to make a Statement on this matter. He informed the meeting that there were also several speakers wishing to make Statements on the planning applications in Report 10 and that they would be able to do so when reaching those items in that Report.

There were no items from Councillors

The Minutes of the previous meeting held on Wednesday 3^rd August 2011 were approved as a correct record, and signed by the Chair

The Senior Professional – Major Developments circulated a Briefing Note for Members on the proposed residential development at Parkhouse Lane, Keynsham (“K2”) which had been allowed on appeal.

He then gave an Update on current major developments at (1) Bath Spa Railway Station where new entrances were proposed at the front and rear of the building; and (2) Bath Western Riverside where work was progressing. The Officer answered Members’ queries on these developments.

In response to a Member’s query regarding proposed development on the Former Railway Land at Norton Radstock, he informed the Committee that there were 2 schemes – one for the housing development by Linden Homes and the other for the traffic scheme involving Traffic Regulation Orders. These were separate schemes and mustn’t be linked together.

The Committee noted the update.

The Committee considered

·  A report by the Development Manager on various applications for planning permission

·  Oral statements by members of the public etc on Items 1-3, the Speakers List being attached as Appendix 1 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 2 to these Minutes.

Item 1 Barton House, Barton Lane, Corston – Erection of a single storey front and side extensions and a rear orangery – The Case Officer reported on this application and her recommendation to Refuse permission. The applicant’s Agent made a Statement in support of the proposal.

Members asked questions regarding the proposed increase in volume to which Officers responded. Councillor Brian Webber referred to Green Belt policy and the high percentage increase in volume that was proposed. Although he sympathised with the applicant, he considered that the policy should be upheld. He therefore moved the Officer recommendation to Refuse permission. The motion was seconded by Councillor Eleanor Jackson.

Members debated the motion. Some Members supported the motion whereas others did not. It was considered to be a borderline decision as to whether permission should be refused or not. The Team Leader – Development Management gave advice on comments raised by Members. The motion was then put to the vote. Voting: 6 in favour and 5 against. Motion carried.

(Note: Councillor Sally Davis was not present for consideration of this item.)

Item 2 No 96 Entry Hill, Combe Down, Bath – Provision of loft extension with rear dormer – The Case Officer reported on this application and his recommendation to Refuse permission. The applicant made a Statement supporting the application and the Ward Councillor David Bellotti made a Statement in favour of the proposal.

Members discussed the proposal. The Case Officer responded to comments regarding the size and design of the proposal and a possible alternative design. Councillor Les Kew expressed concern with regard to dormers generally and considered that they do have an adverse impact on host buildings. Councillor Liz Hardman moved that the recommendation be overturned and permission granted on the basis that she considered that there was no significant loss of visual amenity, it was an acceptable design, there was already a dormer in the terrace, there were no objections from local residents and she did not agree that this proposal would have a detrimental impact on the character or appearance of the host building or the streetscene. This was seconded by Councillor Doug Nicol and the motion was put to the vote. Voting: 8 in favour and 3 against with 1 abstention. Motion carried.

Item 3 No 12 Bennett Street, Bath – Internal alterations to replace existing carpet with floating bamboo flooring in galleries – The Historic Environment Team Leader reported on this application and on the recommendation to Refuse consent. A representative of the Museum of East Asian Art made a Statement in support of the proposal.

Councillor Brian Webber opened the  ...  view the full minutes text for item 43.

Referring to the Statement made by Edward Drewe at the previous meeting of the Committee, the Development Manager and the Senior Legal Advisor submitted a joint report addressing the issue of the perceived conflict between licensing and planning as regards food outlets open after 11pm. The report set out the issues, the relevant law and policy and the relationship between licensing and planning. Where a planning permission and a Premises Licence differ, the operator must abide by the earlier time and, if they did not, they would leave themselves open to enforcement action.

RESOLVED to note the report which Members agreed was very clear and to be commended.

The Committee considered

·  the report of the Senior Arboricultural Officer which recommended that this provisional Tree Preservation Order be confirmed without modification

·  oral statements by Andrew Jeffryes and Catherine Gregory (owners of the land in which the tree was situated) speaking against the Order being confirmed

Councillor Eleanor Jackson considered that the Tree Preservation Order should be confirmed so as to protect a tree which makes a significant contribution to the landscape and amenity of the area. She therefore moved the Officer recommendation to confirm the Tree Preservation Order without modification. The motion was seconded by Councillor Doug Nicol. It was commented that this was a magnificent tree that needed to be protected – the care exercised by the current owner could not be guaranteed in the future if ownership changed hands. The motion was then put to the vote and carried, voting being 7 in favour and 3 against with 2 abstentions.

RESOLVED to confirm without modification the Tree Preservation Order entitled “Bath and North East Somerset Council (Land between 6 and Wilmslow, Bannerdown Road, Batheaston No 15) Tree Preservation Order 2011”.

Members commended Officers on the high rate of success of appeals being dismissed.

The report was noted.