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 Les Kew – substitute Cllr Patrick Anketell-Jones.

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 14 March 2018.

The minutes of the meeting held on 14 March 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) on item nos 1 and 3 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 Nos 1 and 2

Application Nos: 17/05621/FUL and 17/05622/LBA

Site Location: 9 Henrietta Villas, Bathwick, Bath, BA2 6LX – Erection of a rear single storey timber conservatory and replacement of the first floor door with a window.  Internal and external alterations for the erection of a rear single storey timber conservatory and replacement of the first floor door with a window

The Case Officer reported on the applications and her recommendation to permit.  She explained that the boundary wall would now be increased by 200mm for approximately 3.5m of wall rather than 150mm as originally proposed.

The registered speaker spoke against the applications.

Cllr Peter Turner, local ward member, spoke against the applications.

In response to questions the Case Officer explained that not all the features on this property were original.

Cllr Jackson moved the officer recommendation to permit the planning application and to grant listed building consent.  This was seconded by Cllr Appleyard who stated that the proposed conservatory would be a compact addition to the property.

The motion was put to the vote and it was RESOLVED:

(1)  By 8 votes for and 2 abstentions to permit the application subject to the conditions set out in the report; and

(2)  By 9 votes for and 1 abstention to grant listed building consent subject to the conditions set out in the report.

Item No. 3

Application No. 17/06106/FUL

Site Location: Hinton House, Branch Road, Hinton Charterhouse, Bath – Installation of helipad

The Case Officer reported on the application and informed the Committee that her recommendation was to permit the application rather than to delegate to permit as set out in the report.  She explained that officers had considered the issues raised by objectors and had concluded that the helipad would be located within the curtilage of the dwelling house.  In addition, on the evidence submitted, the use of the land for the landing of the helicopter was a use incidental to the enjoyment of the private dwelling house.

She also explained that the applicant had agreed to restrict the use of the helipad to between 7am and 11pm.  She confirmed that a screening opinion had taken place which concluded that an Environmental Impact Assessment was not necessary.

The registered speakers spoke for and against the application.

Cllr Neil Butters, local ward member, spoke regarding the application.

The Case Officer then responded to questions as follows:

·  A flight path for the helicopter has been established and no safety issues relating to the  ...  view the full minutes text for item 132.

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 and 3 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 No. 1

Application No. 17/00075/FUL

Site Location: Land between Leamon Cottage and Mendip Villas, The Street, Compton Martin – The erection of 10 dwelling houses, including access onto The Street, 26 off-street parking spaces, and associated soft/hard landscaping

The Case Officer reported on the application and her recommendation to delegate to permit. 

The registered speakers spoke for and against the application.

Cllr Vic Pritchard, local ward member, spoke against the application.

In response to a question she explained that there was not a particular uniformity of housing in Compton Martin and that a courtyard development would be acceptable.  She also confirmed that the number of parking spaces allocated was policy compliant.

(Note: At this point Cllr Appleyard left the meeting.)

Councillor Becker stated that the houses were very small and felt that the developer was cramming too many properties into this space.  The Case Officer explained that the site had been allocated for around 10 dwellings and that smaller houses meant that the properties would be more affordable.

Councillor Crossley felt that the proposed layout was not satisfactory and stated that elements of the design were disappointing.  The outside amenity space was diminished by gardens being located at the front of the properties.  He then moved that the application be refused on the grounds of the design of the layout, poor outside amenity space and an inadequate parking layout which would lead to residents parking in neighbouring roads.

Councillor Matthew Davies seconded the motion stating that the development should be more appropriate for the village with a better housing mix.

Councillor Anketell-Jones stated that there was no safe pedestrian access and that more design work was required.

The Team Manager, Development Management, stated that officers felt that layout was acceptable and that a balance had to be struck to achieve the best use of the site.  He also confirmed that the Placemaking Plan, being the most recent plan, took precedent with regard to parking provision.

The motion was put to the vote and it was RESOLVED by 8 votes for and 1 vote against to REFUSE the application on the grounds of inadequate housing mix, inadequate parking layout leading to highway safety issues and inappropriate site layout.

(Note: At this point Cllr Appleyard returned to the meeting).

Item No. 2

Application No. 17/05062/FUL

Site Location: 148 London Road West, Lower Swainswick, Bath, BA1 7DD – Erection of 4 dwellings following demolition of 2 existing run down dwellings

The Case Officer reported on  ...  view the full minutes text for item 133.

The Committee is asked to note the report.

The Committee considered the appeals report.

RESOLVED to NOTEthe report.

The Committee is asked to authorise the seeking of an injunction from the County Court or High Court, under Section 187B of the Town and Country Planning Act 1990 (the “1990 Act”), to restrain the Breach on the Land.

The Committee considered a report regarding failure to comply with a planning enforcement notice requiring the dismantling and removal of a wooden chalet on land at “Quarry Lodge” (Parcel 8593), Woollard Lane, Whitchurch.  The wooden chalet is being used as a family dwelling.

The Case Officer reported on the failure to comply with a planning enforcement notice and his original recommendation to seek an injunction.  He explained that further information had been received since the publication of the report and that, in the light of this information, his recommendation was now to take no further enforcement action at this time.

RESOLVED that the Committee having been satisfied that the public interest would be better served by not disclosing relevant information the public shall be excluded from the meeting in accordance with the provisions of Section 100(A)(4) of the Local Government Act 1972 for agenda item 11 and the reporting of that part of the meeting shall be prevented under section 100A(5A) of the Act, because of the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act, as amended. 

The Committee carefully considered the report and further information provided by the Case Officer.

Cllr Organ moved that no further enforcement action be taken at this time but to keep the matter under review bearing in mind that the Notice will remain in force against the land.  The motion was seconded by Cllr Jackson.

The motion was put to the vote and it was RESOLVED unanimously:

(1)  To take no further enforcement action at this time.

(2)  To note that the Notice will remain in force against the Land and will bind successors in ownership.

(3)  To keep the matter under regular review.