Agenda and minutes

The Chairman will ask the Committee Administrator to draw attention to the emergency evacuation procedure.

The Democratic Services Officer read out the emergency evacuation procedure.

A Vice Chairman was not required on this occasion.

Apologies for absence were received from Cllr Paul Crossley (substitute Cllr Neil Butters).

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 an 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 were no declarations of interest.

There was no urgent business.

The Democratic Services Officer informed the meeting that there were a number of people wishing to make statements on planning applications and that they would be able to do so when these items were discussed.

There were no items from Councillors or Co-Opted Members.

To confirm the minutes of the meeting held on 13 December 2017.

The minutes of the meeting held on 13 December 2017 were confirmed and signed as a correct record.

The Committee considered:

·  A report by the Group Manager (Development Management) on various planning applications.

·  An update report by the Group Manager (Development Management) on items 2, 3, 4 and 8 attached as Appendix 1 to these minutes.

·  Oral statements by members of the public and representatives.  A copy of the speakers’ list is attached as Appendix 2 to these minutes.

RESOLVED that in accordance with the delegated powers, the applications be determined as set out in the decisions list attached as Appendix 3 to these minutes.

Item Nos. 1 and 2

Application Nos. 17/04208/FUL and 17/05854/LBA

Site Location: Farm Shop and Café, Newton Farm, Village Road, Newton St Loe, Bath – Extension to existing farm shop/café with new entrance, office and additional seating.  Internal and external alterations for the extension to existing farm shop/café with new entrance, office and additional seating within the curtilage of a listed building

The Case Officer reported on the applications and her recommendation to grant planning permission and listed building consent.

The registered speakers spoke for and against the application.

The Case Officer explained that the reference in the listed building report to Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 should be revised to read Section 16; and that Section 72 did not apply because the land was not in the Conservation Area.

Cllr Veale, local ward member, supported the application noting the success of the farm shop and its need to expand.  He pointed out that much of the traffic congestion in the village stemmed from Bath Spa University rather than the farm shop.

The Case Officer responded to various questions as follows:

·  20 additional parking spaces will be provided.

·  There is no pavement leading from the Bath Spa University Campus to the village.

·  The proposed extension will enlarge the existing café providing seating for a further 36 covers.

·  The site is located within the greenbelt.

·  Material samples for the roof will be submitted to the Conservation Officer for consideration.

Councillor Kew was supportive of the proposal and moved the officer recommendation to permit and to grant listed building consent. 

Councillor Roberts seconded the motion and stated that whilst she understood the concerns of local residents regarding increased traffic movement she welcomed a thriving village business.

Councillor Appleyard supported the application and noted that any parking issues should be mitigated by the provision of additional parking spaces.

Councillor Butters was inclined to vote against the motion in light of the concerns of local residents.

The motion was then put to the vote and it was RESOLVED by 9 votes for and 1 vote against to PERMIT the planning application and to GRANT listed building consent subject to conditions as set out in the report.

Item No. 3

Application No. 17/04512/RES

Site Location: Unregistered Farm Shop and Café, Castle Farm, Midford Road, Midford, Bath – Approval of all reserved matters with regard to outline application 15/03325/OUT for the erection of an agricultural worker’s dwelling

The Case Officer  ...  view the full minutes text for item 98.

The Development Management Committee is asked to confirm the Tree

Preservation Order without modification.

The Committee considered a report by the Group Manager (Development Management) and an update report attached as Appendix 1 to these minutes.

The Case Officer reported on an objection that had been received from the owner of the property following the making of the Tree Preservation Order (TPO).  Since the publication of the agenda there had been correspondence from a neighbour supporting the TPO and a further letter from the landowner. 

The main objection is that if the Tree Preservation Order applied to the trees by the track and within the flat area of land then this would result in it being too onerous and costly to manage the land.

The registered speaker spoke against the confirmation of the Tree Preservation Officer.

The Legal Advisor informed the Committee that if the Tree Preservation Order was not confirmed then, this would, in effect, remove the Conservation Area protection because the Committee would have decided that the trees were not worthy of protection.  With regard to the objections concerning maintenance, the focus should be on the amenity value of the trees and woodland.

In response to a question the Case Officer confirmed that in the event of urgent works being required then the necessary paperwork could be put together quickly.  She also confirmed that saplings in the prescribed area were covered by the TPO.

Councillor Organ moved the officer recommendation to confirm the Tree Preservation Order without modification.  This was seconded by Councillor Jackson.

The motion was put to the vote and it was RESOLVED by 6 for, 2 against and 1 abstention to CONFIRM the Tree Preservation Order without modification.

The Committee is asked to note the report.

The Committee considered the appeals report.

RESOLVED to NOTEthe report.