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:

Councillor Rob Appleyard – substitute Councillor Ian Gilchrist

Councillor Paul Crossley – substitute Councillor Dine Romero

Councillor Matthew Davies – substitute Councillor Liz Richardson

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.

Councillor Eleanor Jackson stated (in relation to Application Nos 16/05548/MINW and 17/00329/FUL) that she held two allotments and had some involvement with the Allotment Association.  However, she did not feel that this constituted a disclosable interest under the Councillors’ Code of Conduct.

Councillor Caroline Roberts also stated that her husband held an allotment on a different site to the one being considered at this meeting under items 1 and 2 on the main plans list.  This did not constitute a disclosable interest under the Councillors’ Code of Conduct.

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 17 January 2018.

The minutes of the meeting held on 17 January 2018 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) 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 Committee’s delegated powers, the applications be determined as set out in the decisions list attached as Appendix 3 to these minutes.

Item No. 1

Application No. 17/05022/FUL

Site Location: 10 Woodborough Hill Cottages, Woodborough Hill, Peasedown St John – Erection of a two storey side extension (Resubmission)

The Case Officer reported on the application and her recommendation for refusal.  She explained that the applicant has made a number of changes to the application and, as a result, the reason for refusal relating to the separate planning unit can be removed.

The registered speaker spoke in favour of the application.

Cllr Karen Walker, local ward member, spoke in favour of the application.

In response to a question the Case Officer explained that the ecology officer had raised no objections to the application subject to the inclusion of two conditions regarding bat mitigation and sensitive lighting. 

Cllr Jackson moved the officer recommendation for refusal as the proposal was not in keeping with the area, the design was not appropriate and due to ecology concerns.  This motion was not seconded.

Cllr Kew stated that the site visit had been very useful and had enabled members to view the surrounding properties, many of which had flat roof extensions.  He felt that the extension would enhance the property and the whole terrace.  He noted that the Parish Council and local ward member supported the application.  He then moved that the Committee delegate to permit the application, subject to conditions, as it would not harm the locality nor detract from the character of the area.

Cllr Roberts noted the wide diversity of properties in the area, many of which had flat roofs.  She seconded the motion to delegate to permit.

Members requested that some training take place regarding ecology matters, including bats, which officers agreed to organise.

The motion was then put to the vote and it was RESOLVED by 8 votes in favour and 2 votes against to DELEGATE TO PERMIT the application subject to conditions, including those proposed by the ecology officer and a condition relating to matching materials.

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 1, 2, 3 and 5 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 4 to these minutes.

Item Nos 1 and 2

Application Nos 16/05548/MINW and 17/00329/FUL

Site Location: Upper Lawn Quarry, St Winifred’s Drive, Combe Down, Bath – Extension of quarry and variation of restoration strategy and period of extraction up until 2035.  Change of use of an area of paddock land for use as allotments.

The Case Officer reported on the applications and his recommendation to delegate to permit.

The registered speakers spoke for and against the applications.

Cllr Cherry Beath, local ward member, spoke against the applications.

The Case Officer then responded to questions as follows:

·  The allotments in rows 4-7 will be relocated.

·  The Secretary of State has received a request to call in the application.

·  There is a footpath leading down Row 23 of the allotments.

·  The water trough will be replaced.

·  The existing top soil and sub soil will be used for the replacement allotments.

·  There is still the possibility for further extraction from the quarry if required in the future.

·  The total area of the replacement allotment site is larger than the existing site. 

The legal advisor informed the Committee that any land ownership matters that may be controlled by the Council were not planning considerations and should be dealt with as a separate aspect.  Compensation for loss and inconvenience of the allotments was also a legal matter between the individual parties rather than a planning matter.

Councillor Jackson stressed the need for the replacement allotments to be equivalent to the existing ones.  She also felt that the terms and conditions for these allotments should be brought in line with national allotment practice to ensure like for like.

The Team Manager, Development Management explained that the Committee cannot change the legal status of the existing allotments.  Any change could be considered by the allotment association, the landowner and the Council.  The management of the allotments was not a consideration for this Committee.

Councillor Romero felt that the application should be deferred until some of the outstanding issues have been clarified.

Councillor Jackson moved that the Committee delegate to permit the applications subject to conditions as set out in the report, but also to amend condition no. 3 of application no.17/00329/FUL, and add an extra condition, if necessary, to achieve a revised layout plan for the allotments. This was seconded by Councillor Kew.

The motion was put to the vote and it was RESOLVED, subject to the Secretary of State not calling in the application:

(a)  By 8 votes in favour, 1 vote against  ...  view the full minutes text for item 110.

The Committee is asked to note the quarterly performance report.

In response to a question regarding the difference in investigations launched and enforcement notices issued officers explained that the majority of cases were resolved via negotiation.

RESOLVED: To NOTE the quarterly performance report.

The Committee is asked to note the report.

The Committee considered the appeals report.

RESOLVED to NOTE the appeals report.