Agenda and minutes

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

The Democratic Services Officer drew attention to the emergency evacuation procedure.

There were no apologies for absence or substitutions.

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 in item (3) under the main applications list: 23/03896/TCA - Audley House, Park Gardens, Lower Weston, Bath due to her association with the notification and withdrew from the meeting during consideration of the item.

Cllr Toby Simon declared an interest in item (3) under the main applications list: 23/03896/TCA - Audley House, Park Gardens, Lower Weston, Bath as a resident of a neighbouring property and withdrew from the meeting during consideration of the 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 15 November 2023 as a correct record for signing by the Chair.

It was moved by Cllr Eleanor Jackson seconded by Cllr Tim Warren and:

RESOLVED  that the minutes of the meeting held on Wednesday 15 November 2023 be confirmed as a correct record for signing by the Chair.

The following item will be considered at 11am:

23/02731/FUL - 1 Drake Avenue, Combe Down, Bath

(1)  23/02731/FUL - 1 Drake Avenue, Combe Down, Bath

This item was withdrawn from the agenda.

The following items will be considered at 11am:

1.  23/02958/VAR - Waterworks Cottage, Charlcombe Way, Fairfield Park, Bath

2.  23/02194/FUL - Agricultural Buildings And Land, Blackrock Lane, Publow, Bristol

3.  23/03896/TCA - Audley House, Park Gardens, Lower Weston, Bath

The Committee considered:

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

(1)  23/02958/VAR - Waterworks Cottage, Charlcombe Way, Fairfield Park, Bath

The Lead Planning Officer reported that the application had been considered at the previous meeting where the Committee had agreed to overturn the officers’ recommendation and refuse the permission.  He confirmed that the application had come back to Committee for reconsideration in the interest of fairness as advice given in relation to permitted development rights was not clear and Members were advised to consider the application and make a fresh decision.

Cllr Paul Crossley arrived at this point in the meeting and the Planning Officer reiterated the above advice for his benefit.

The Planning Officer introduced the report which considered an application for variation of conditions 5 (Bicycle Storage (Pre-occupation)), 7 (Implementation of Landscaping Scheme (Bespoke Trigger)) and 15 (Plans List (Compliance)) of application 23/00895/FUL. 

He confirmed the recommendation that permission be granted subject to the conditions set out in the report.

The following public representations were received:

1.  Chris Parkin, objecting to the application.

2.  Tom Rocke, supporting the application.

Cllr Joanna Wright addressed the Committee as ward member and raised the following points:

1.  She referred to the history of the application site and the Planning Inspector’s decision to dismiss an appeal for a larger scheme.  She expressed concern that the application to vary Condition 15 was at odds with this decision. 

2.  She stated that local residents and the wider community had been opposed to the scheme for the reasons of over-development, loss of amenity and detrimental impact on ecology.

3.  She asked the Committee to refuse the application rather than include a condition to restrict permitted development rights.

4.  She questioned the legality of the prior approval application to demolish the cottage. 

In response to Members’ questions, it was confirmed:

1.  In relation to whether the application to demolish the cottage was permitted development, it was confirmed that the previous prior approval application was in accordance with regulations It was also confirmed that plots 1 and 2 would have permitted development rights if constructed under the current permission.

2.  The Council’s Ecologist had no objection to the variation to condition 7.  The timescale for the retention of landscaping was 10 years rather than 5 in accordance with the Biodiversity Net Gain policy.  After 10 years, the balance of plants to hard landscaping could change.

3.  If Members were minded to remove permitted development rights, they would need to set out specific reasons to justify the decision.  Officers’ advice was that it would be difficult to justify removing permitted development rights associated with plot 1  ...  view the full minutes text for item 73.

The Committee is asked to note the report.

The Committee considered the appeals report.

RESOLVED that the report be noted.