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.

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.

There were no declarations of interest.

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 13 December 2023 as a correct record for signing by the Chair.

It was moved by Cllr Eleanor Jackson seconded by Cllr Toby Simon and:

RESOLVED  that the minutes of the meeting held on Wednesday 13 December 2023 be confirmed as a correct record for signing by the Chair.

The following item will be considered at 2pm:

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

The Committee considered:

A report and update report by the Head of Planning on the application under the site visit 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 decisions list attached as Appendix 2 to these minutes.

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

The Planning Case Officer introduced the report which considered an application for change of use from a dwelling (Use Class C3c) to a House in Multiple Occupation (HMO) for 3-6 people (Use Class C4).  It was noted that this had been deferred from the November meeting for a site visit.  He confirmed that since the previous meeting, it had been established that the application was not retrospective as the existing lawful use, which differed from the present use, fell within Class C3.  He advised that planning permission was required as there was an Article 4 direction in relation to HMOs within the Bath area, otherwise the change of use would be permitted development.

He confirmed the recommendation that the application be permitted subject to the conditions set out in the report including the submission of further security and EPC detail.

The following public representations were received:

1.  Jeff Manning, objecting to the application.

Cllr Onkar Saini addressed the Committee as local ward member.  He reported that there had been many objections from local residents, who were concerned about the impact of the change of use to an HMO which would change the nature of the neighbourhood and lead to an influx of cars and subsequent traffic congestion. He asked the Committee to reject the application. 

In response to Members’ questions, it was confirmed:

1.  The proper consultation process had been carried out and there had been a number of responses which had been taken into consideration when assessing the application.

2.  Members needed to consider the application in front of them which was change of use from C3 to C4.  If the present use was unauthorised, this would be addressed through a different process.

3.  Any change to the management of the premises was not a material consideration.  If permission was granted, the use would need to be compliant with the permission.  Members should disregard comments made relating to the intentions of the existing management as that is outside of the control of planning.

4.  A management plan for the property was no longer considered appropriate as the application sought permission to change from the existing C3c use to use class C4. C4 properties could be occupied by a wide range of individuals, and it was not normally considered reasonable for management plans to be secured through the planning process.

5.  The number of licensed HMOs throughout the district was recorded and this information was assessed by Planning officers in determining applications to ensure there was not a concentration of  ...  view the full minutes text for item 81.

The following item will be considered at 2pm:

1.  23/04679/TCA - Sydney House, Sydney Road, Bathwick, Bath

The Committee considered:

A report by the Head of Planning on the application under the main applications list.

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)  23/04679/TCA Sydney House, Sydney Road, Bathwick, Bath

The Tree Officer introduced the report which considered a Tree Works Notification in a conservation area and confirmed that it had been referred to the Committee under the scheme of delegation as the notification was associated with a Councillor.

She confirmed her recommendation that no objection be raised to the notification.

Cllr Toby Simon opened the debate as the local ward member.  He spoke in support of the application and moved the officer’s recommendation.  This was seconded by Cllr Tim Warren.

Cllr Ian Halsall spoke in support of the application and stated that the works would reduce the risk of the tree falling onto the public highway.

On voting for the motion it was CARRIED (9 in favour, 0 against - UNANIMOUS).

RESOLVED  that no objection be raised to the notification.

The Committee is asked to note the report.

RESOLVED that the report be noted.

The Committee is asked to note the report.

Members agreed it would be useful to receive additional information in relation to the data relating to enforcement cases including a breakdown of the number of cases that had been satisfactorily resolved compared with those cases closed for other reasons.  It was agreed that it would be useful for the Enforcement Manager to attend a future meeting to give further clarification.

RESOLVED that the report be noted.