Agenda and minutes

The Democratic Services Officer will draw attention to the emergency evacuation procedure.

The Democratic Services Officer read out the emergency evacuation procedure.

Apologies for absence were received from Cllr Paul Crossley and Cllr Shelley Bromley.  Cllr Ruth Malloy was substituting for Cllr Shelley Bromley.

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 4.4 Appendix 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.

Cllr Lucy Hodge declared an interest as the applicant for item 2 on the main application list “22/04513/TCA - Audley House, Park Gardens, Lower Weston Bath” and withdrew from the meeting during discussion of that item.

There was no urgent business.

To note that, regarding planning applications to be considered, members of the public who have given the requisite notice to Democratic Services 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, i.e., 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.

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.

To confirm the minutes of the meeting held on Wednesday 16 November 2022 as a correct record for signing by the Chair.

It was moved by Cllr Eleanor Jackson, seconded by Cllr Hal MacFie and:

RESOLVED that the minutes of the meeting held on Wednesday 16 November 2022 be confirmed as a correct record and signed by the Chair.

There are no site visit applications for determination.

There were no site visit applications for consideration.

The following applications will be considered at 11am:

1.  22/03269/FUL - Hare & Hounds, Lansdown Road, Lansdown, Bath, Bath And North East Somerset

2.  22/04513/TCA - Audley House, Park Gardens, Lower Weston, Bath, Bath And North East Somerset

The Committee considered: 

A report by the Head of Planning on various planning applications and an update report in relation to item 1 under the main applications list.

Oral statements by members of the public and representatives.  A copy of the speakers’ list is attached as Appendix 1 to these minutes. 

RESOLVED that in accordance with the delegated powers, the applications be determined as set out in the Main decisions list attached as Appendix 2 to these minutes. 

Item No. 1 Application No: 22/03269/FUL

Site Location: Hare & Hounds, Lansdown Road, Lansdown, Bath

The Case Officer introduced the report which assessed a retrospective planning application for an outside bar and decked seating area which was erected without planning permission in late 2020.  He confirmed that the Council had been consistent in advice that the development was unacceptable, but a temporary application had been approved during the Covid pandemic which expired on 1 August 2022. 

He confirmed the officer recommendation to refuse the application due to the harm to the setting of the listed building and the character and appearance of the wider Conservation Area which was not outweighed by public benefit. 

The following public representations were received:

1.  Stewart Chorley, local resident, speaking against the application.

2.  Joe Cussens, applicant, speaking in support of the application.

Cllr Mark Elliot was in attendance as local ward member and raised the following points:

1.  He considered the issue to be a judgement on whether there was any harm caused by the application and if so, whether this was outweighed by the public benefits. 

2.  He considered that the application was not harmful, and the bar and decking could easily be removed at a later date. 

3.  There was a lot of public support for the development and economic arguments for creating the outdoor bar and seating area at a time when a lot of hospitality businesses were struggling.

4.  His view was that the public benefits outweighed any harm and he asked the Committee to permit the application.

In response to Members’ questions, it was confirmed:

1.  There was no legal requirement to provide disabled access as part of the development.  Although disabled access was a material consideration, it was not given weight in the officer assessment as the area was not accessible before the development was in place.  To achieve a disabled access would require significant work due to the steep gradient of the land and it would not be appropriate to include this as a condition if the Committee was minded to grant consent as it was likely to require a separate planning permission.

2.  Officers had considered the appearance of the outdoor bar as part of the assessment and did not consider the materials to be appropriate to the setting.  If the Committee was minded to grant consent there could be a condition attached to require improvements to the appearance of the bar.

3.  The applicant had submitted details relating to the number of employees serving the outside  ...  view the full minutes text for item 74.

The Committee is asked to note the report.

The Committee considered the appeals report.

In response to a question about Members not receiving notification of the weekly list of planning applications, the Chair undertook to raise this with the appropriate officers.

RESOLVED that the report be noted.