Agenda and draft minutes

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Items
No. Item

65.

Emergency evacuation procedure

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

Minutes:

The Democratic Services Officer read out the emergency evacuation procedure.

66.

Election of Vice Chairman (if desired)

Minutes:

A Vice Chairman was not required on this occasion.

67.

Apologies for absence and Substitutions

Minutes:

Apologies for absence were received from:

 

Cllr Jasper Becker – substitute Cllr Brian Simmons

Cllr Caroline Roberts – substitute Cllr Will Sandry

68.

Declarations of Interest

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.

Minutes:

There were no declarations of interest.

69.

To Announce any Urgent Business Agreed by the Chairman

Minutes:

There was no urgent business.

70.

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 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.

71.

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 or Co-Opted Members.

72.

Minutes of the Previous Meeting pdf icon PDF 99 KB

To confirm the minutes of the meeting held on 24 October 2018.

Additional documents:

Minutes:

The minutes of the meeting held on 24 October 2018 were confirmed and signed as a correct record.

73.

Main Plans List - Applications for Planning Permission Etc for Determination by the Committee pdf icon PDF 345 KB

Minutes:

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 1 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 No. 1

Application No. 18/02898/FUL

Site Location: Horseworld, Staunton Lane, Whitchurch – Erection of 5 residential units (including affordable housing) together with associated parking, highways and landscaping works

 

The Case Officer reported on the application and her recommendation to delegate to permit.  She also drew members’ attention to the wording of the s106 agreement relating to this application.  She confirmed that the walking distance from the new development to the Mama Bear’s Nursery was between 9 and 15 minutes.

 

The applicant spoke in favour of the application.

 

Officers then responded to questions as follows:

 

·  The Legal Advisor explained the effect of the planning obligations to members.  In answer to a question from Cllr Kew, the Legal Advisor confirmed that the relevant obligations in the s106 agreement related to early years’ provision and not primary school places.  The Legal Advisor gave advice about various provisions of the s106 agreement.

·  Cllr Crossley asked at what point the decision had been taken to discharge the planning obligations in the s106 agreement and who had been consulted. The Chair confirmed that she had not been consulted. The Legal Advisor stated that the agreement had been drafted on instructions following the Committee’s decision to delegate to permit planning permission.

·  Cllr Jackson felt that the Committee was placed in a difficult position when planning obligations were discharged without members being informed.  She asked at what point it was determined that the parcel of land allocated for community benefit could be converted into housing.  She felt that the area should become a play area or allotments if it was no longer required for an early years’ facility.

·  The Team Manager, Development Management, explained that the parcel of land was never allocated for general community use and had been earmarked solely for early years’ provision.  When the existing nursery was opened in Whitchurch, the need for this particular use fell away.  There was no planning justification for providing two such facilities and the s106 agreement had been drafted to contain flexibility to take account of changing future circumstances.  He also pointed out that there was already provision for open space and allotments within the s106 agreement. 

·  The Case Officer confirmed that the distance to the nursery was 785m.

·  Cllr Matthew Davies stated that it was his understanding that the nursery should be provided on the site or nearby.  He did not feel that the Mama Bear’s nursery fitted the definition of “nearby”.  He queried whether the Core Strategy policy RA5 or the s106  ...  view the full minutes text for item 73.

Update Report - 21 November 2018 - Appendix 1 pdf icon PDF 1 MB

Additional documents:

74.

Quarterly Performance Report - July to September 2018 pdf icon PDF 230 KB

The Committee is asked to note the report.

Additional documents:

Minutes:

The Committee considered the quarterly performance report – July to September 2018.

 

Cllr Crossley stated that it was helpful to see details of costs awarded for and against the Council.  He thanked officers for their hard work and congratulated them on the excellent performance figures.

 

Cllr Kew expressed concern at the large number of enforcement cases that remained outstanding.  He stressed the importance of carrying out enforcement action where required.

 

The Team Manager, Development Management, informed members that there were 3 or 4 officers who carried out enforcement work and explained that this could be a lengthy process.

 

Cllr Jackson commended the enforcement team for their hard work and their pro-active approach.

 

RESOLVED: To note the report.

75.

New Planning Appeals Lodged, Decisions Received and Dates of Forthcoming Hearings/Inquiries pdf icon PDF 25 KB

The Committee is asked to note the report.

Minutes:

The Committee considered the appeals report.

 

The Team Manager, Development Management, drew the Committee’s attention to the successful appeal in relation to Flat 35, High Street, Upper Weston.  The Inspector had raised concerns regarding the Council’s policy to refuse an application for an HMO if it would lead to a property being sandwiched between two HMOs.  Officers would consider the implications of this finding.

 

RESOLVED to notethe report.