Agenda and minutes

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Items
No. Item

67.

Apologies for absence and Substitutions

Minutes:

There were no apologies for absence.

68.

Statement by the Chair

Minutes:

In the interests of transparency, the Chair explained that members occasionally attend technical briefings from developers. These briefings are for complex applications, where additional factual information may be helpful. In order to protect members from pre-determining themselves in advance of a committee meeting, a number of important measures are taken:

 

(i)  A senior officer must be present at these meetings. This is to ensure that members have clear guidance on what is relevant to their considerations, and what might be described as (for want of a better expression) a sales pitch. The senior officer can also ensure that information that may be considered is also in the public domain.

(ii)  Members are required to only ask questions and not express opinions.

(iii)  Some members choose not to attend or cannot attend.

(iv)  These briefings should take place either during the public consultation period or before

 

Political group spokespersons receive a briefing from officers the day before committee. Amongst other things, this allows officers to respond to late issues raised by both developers and members of the public.

 

All members of the committee arrive at the meeting with an open mind, having familiarised themselves with each application. The decisions are taken in full view of the public and based on information that is in the public domain. The public have an opportunity to put their views to the committee members before a decision is made.

 

In terms of today’s agenda, a technical briefing was held for the Homebase application.

69.

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:

The following members made declarations:

 

·  Cllr Matt McCabe declared an interest in planning application no. 19/05534/FUL – Telecommunications Mast 54146, Woolley Lane, Charlcombe, Bath.  Cllr McCabe was co-founder of a company which was a potential competitor to the applicant and also held shares in that company.  Cllr McCabe stated that he would not speak or vote on this application and that Cllr Sally Davis, Vice-Chair, would take the chair for this item.

 

·  Cllr Manda Rigby stated that she had been unable to attend the briefing regarding the Homebase item.  She was subsequently contacted by the developer but confirmed that she had not communicated with the developer regarding this application.

70.

To Announce any Urgent Business Agreed by the Chairman

Minutes:

There was no urgent business.

71.

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.

72.

Minutes of the Previous Meeting pdf icon PDF 230 KB

To confirm the minutes of the meeting held on 18 November 2020.

Additional documents:

Minutes:

The minutes of the meeting held on 18 November 2020 were confirmed and signed as a correct record.

 

Members requested an update report regarding the enforcement matters relating to the site at Old Station Yard, Avon Mill Lane, Keynsham.

73.

Site Visit List - Applications for Planning Permission Etc for Determination by the Committee pdf icon PDF 630 KB

The site visit applications will be considered in the afternoon session of the meeting (after 2pm).

Minutes:

The Committee considered:

 

·  A report by the Head of Planning on various planning applications.

 

·  Update reports by the Head of Planning attached as Appendices 1 and 2 to these minutes.

 

·  Oral statements by members of the public and representatives.  A copy of the speakers’ list is attached as Appendix 3 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 4 to these minutes.

 

(Note: At this point Cllr Sally Davis, Vice-Chair, took the chair as Cllr Matt McCabe had declared an interest in the following application).

 

Item No. 1

Application No. 19/05534/FUL

Site Location: Telecommunication Mast 54146, Woolley Lane, Charlcombe, Bath – Erection of 20-metre-high telecommunications monopole accommodating 6 antenna apertures, 4 transmission dishes and 8 ground-based equipment cabinets.

 

The Case Officer reported on the application and his recommendation to permit.  He informed the Committee that additional representations had been received regarding health and safety concerns but that no new issues had been raised.

 

Two local residents and a representative from the Bath Preservation Trust spoke against the application.

 

The agent spoke in favour of the application.

 

Cllr Sarah Warren, local ward member, spoke against the application.  She highlighted the duty of the Committee to prevent harm.  She stated that some research showed that 5G can have an adverse effect on health.  Electromagnetic pollution could also cause environmental harm.  There was real concern from local residents regarding the effect of the 5G mast and she felt that the Committee should be cautious about approving the application.

 

Cllr Kevin Guy, local ward member, spoke against the application.  He noted that an exclusion zone was required for areas with high levels of radiation.  He pointed out that the mast would be close to a nursery school and community hall and that it would be irresponsible to approve the application.

 

The Case Officer then responded to questions as follows:

 

·  Health concerns are a material consideration, however, the NPPF guidance is clear on this issue.  To go against these guidelines would be going against national planning policy.  The applicant has submitted a certificate of compliance with the ICNIRP public exposure guidelines.  The key issues for the Committee to consider are visual impact, greenbelt policies, trees and ecology issues.  Any refusal on health grounds would be in clear contravention of planning policy.

·  The Legal Advisor explained that the NPPF is a material consideration for the Committee, but the weight given to material considerations is a matter for the Committee, as decision maker, to determine.

·  The ecologist has not objected to the application and there is no consensus about the effect of 5G on bat populations.  The site is currently in use for 4G with no evidence of any adverse effects.

·  There is no requirement for an exclusion zone to form part of the application.  This is covered by different legislation and is not a planning consideration.

·  Alternatives have not been considered at this stage because the site is  ...  view the full minutes text for item 73.

74.

Main Plans List - Applications for Planning Permission Etc for Determination by the Committee pdf icon PDF 1 MB

The following applications will be considered in the morning session (from 11am):

 

·  20/01474/FUL & 20/01475/LBA20 - Avon Road, Keynsham

·  20/03006/FUL - 81 Hillcrest Drive, Southdown, Bath

·  20/01794/FUL - Jubilee Centre, Lower Bristol Road, Twerton, Bath

 

The following applications will be considered in the afternoon session (from 2pm):

 

·  19/05534/FUL - Telecommunication Mast 54146, Woolley Lane, Charlcombe, Bath

·  20/00259/FUL - Homebase Ltd, Pines Way, Bath, BA2 3ET

·  19/05471/ERES - Western Riverside Development Area, Midland Road, Westmoreland, Bath

·  20/01765/FUL - Wansdyke Business Centre, Oldfield Lane, Oldfield Park, Bath

Minutes:

The Committee considered:

 

·  A report by the Head of Planning on various planning applications.

 

·  An update report by the Head of Planning on items 4 and 6 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 3 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. 20/01474/FUL and 20/01475/LBA

Site Location: 20 Avon Road, Keynsham, BS31 1LJ – Erection of 2 storey side extension, removal of existing door and replacement and enlargement of existing dormer window and new conservation roof light to rear roof slope.

 

The Case Officer reported on the applications and her recommendation to refuse.

 

The applicant spoke in favour of the applications.

 

The Case Officer then responded to questions as follows:

 

·  The dwelling has a conservation roof light which is flush with the building.

·  The planning permission granted in 2005 has now expired and the NPPF changed in 2012.  The application must be considered under current policies.

·  There will be a new opening to create access and changes will only be made to external walls.

·  The applicant was aiming to create as much internal space as possible and this is why the window rim is so large.

·  The submitted design means that the dormer window is wider than the windows directly below.  The view of the Case Officer is that the dormer should not exceed the width of the window below and should represent the hierarchy of the building.

·  The modest enhancement to the building is not considered to outweigh the harm caused by the dormer window.

·  There would be no changes to the internal stairs.

 

Cllr MacFie felt that the proposal would improve the property and moved that the Committee delegate to permit the application.  This was seconded by Cllr Rigby.

 

Cllr Hounsell noted that personal circumstances have no bearing on the application.  He felt that, although the proposal would improve the property overall, the size of the dormer window which would cause harm to the listed building.

 

Cllr Hodge felt that the officer recommendation should be supported as the property is a listed building.

 

After hearing the debate, Cllr MacFie changed his motion, with the agreement of the seconder, to delegate to permit the application subject to the Case Officer securing the required width of the dormer window and surround as set out in the report.

 

If it was not possible to resolve the issue to the satisfaction of the Case Officer, then the application should be brought back to the Committee.

 

The motion was put to the vote and it was RESOLVED unanimously to DELEGATE TO PERMIT the application subject to the size and design of the dormer window being resolved to the satisfaction of the Case Officer.

 

Item No. 3

Application No. 20/03006/FUL

Site Location: 81 Hillcrest Drive, Southdown,  ...  view the full minutes text for item 74.

Update Report - Appendix 1 pdf icon PDF 134 KB

Additional documents:

75.

Policy Development

Minutes:

There were no policy development matters.

76.

New Planning Appeals Lodged, Decisions Received and Dates of Forthcoming Hearings/Inquiries pdf icon PDF 73 KB

The Committee is asked to note the report.

Minutes:

The Committee considered the appeals report.  Members requested further information regarding the recent successful appeal  for Avon Farm, Avon Lane, Saltford and the reasons for the Inspector’s decision.

 

RESOLVED to NOTE the report.