Agenda and minutes

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Contact: Marie Todd  01225 394414

Items
No. Item

77.

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.

78.

Apologies for absence and Substitutions

Minutes:

There were no apologies for absence.

79.

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.

80.

To Announce any Urgent Business Agreed by the Chairman

Minutes:

There was no urgent business.

81.

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.

82.

Minutes of the Previous Meeting pdf icon PDF 102 KB

To confirm the minutes of the meeting held on 18 December 2019.

Additional documents:

Minutes:

The minutes of the meeting held on 18 December 2019 were confirmed and signed as a correct record.

83.

Main Plans List - Applications for Planning Permission Etc for Determination by the Committee pdf icon PDF 356 KB

Minutes:

The Committee considered:

 

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

 

·  An update report by the Head of Planning 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. 19/04462/FUL

Site Location: 4-5 Railway Place, City Centre, Bath, BA1 1TH – Erection of extension at the fourth-floor level, front and rear infill extensions, external alterations and revisions to existing entrance onto Railway Place (Resubmission)

 

The Case Officer reported on the application and the recommendation to refuse.

 

The Agent spoke in favour of the application.

 

Officers responded to questions as follows:

 

·  The conclusion of the Case Officer was that the proposal would cause less than substantial harm to the setting of the listed buildings and character and appearance of this part of the Conservation Area and World Heritage Site and therefore would not be the sole reason for refusal. 

 

·  The Legal Advisor explained that the effect of sections 72 and 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and how they relate to the policies in the NPPF regarding consideration of impacts upon heritage assets.  Members were advised that when weighing the identified harm to heritage assets against any public benefits, members should give great weight to the conservation of the heritage assets.  As such, it was not a case of simply balancing harm against public benefits, but was a “tilted balance” in favour of conserving the heritage assets. 

 

·  The Case Officer confirmed that there is a Bath Building Lines Strategy which covers roofscape issues.  However, the strategy is not a Supplementary Planning Document.  The concern of officers in this case was the local impact of the development rather than the roofscape.

 

·  The development would provide an additional 925 square metres of office space in Bath in addition to the 25,000 square metres to be provided at Bath Quays North and the 8,000 square metres at Bath Quays South.

 

·  The planning permission for office development at Pinesgate has now expired.  The position regarding office space in Bath is a material consideration.

 

Cllr Craig expressed concern regarding the adverse effect on the views of Bath from Beechen Cliff.

 

Cllr Jackson moved the officer recommendation to refuse.  She felt that the design detracts from the Conservation Area and noted that there was no tangible evidence of a need for more office space in this location.

 

Cllr Rigby seconded the motion.

 

The motion was then put to the vote and it was RESOLVED unanimously to REFUSE the application for the reasons set out in the report.

 

Item No. 2

Application No. 19/00772/FUL

Site Location: Land at Entrance to Manor Farm, Bath Hill, Wellow, Bath – Erection of two storey detached dwelling

 

The Case Officer reported on the  ...  view the full minutes text for item 83.

Update Report - 15 January 2020 - Appendix 1 pdf icon PDF 202 KB

Additional documents:

84.

Planning Enforcement Report - 76 Leighton Road, Upper Weston, Bath, BA1 4NG pdf icon PDF 205 KB

The Committee is asked to authorise the carrying out of works in default (including the recovery of its costs from the owner) under the powers conferred by Section 219 of the Town and Country Planning Act 1990 in respect of the failure to comply with the requirements of the Section 125 Notice served on the land.

Additional documents:

Minutes:

The Committee considered a report regarding a failure to comply with a Notice under Section 215 of the Town and Country Planning Act 1990 requiring the proper maintenance of land at 76 Leighton Road, Upper Weston, Bath.

 

The Section 215 Notice (set out in Appendix A to the report) requires both works to clear the front garden and works to maintain the garage door by stripping and repainting the door and replacing the fascia board.  Upon recent inspection it was noted that the garage door is rotten and unlikely to be repaired to satisfy the terms of the Notice.  As replacement of the garage door would be beyond the scope of the Notice, in execution of the terms of the Notice, Officers intend to carry out default works to the garden initially and will review whether default works to the garage door are possible.

 

The Team Manager, Planning and Enforcement, confirmed that the Council Parks Team would carry out the work and that funding is available for this.  He also confirmed that a public sector equality duty assessment had been carried out and that the Council’s Empty Property Team was aware of the situation.  Officers had tried to engage with the property owner without success. 

 

Cllr Davis moved the officer recommendation to authorise the works.  This was seconded by Cllr Jackson.

 

The motion was put to the vote and it was RESOLVED unanimously to authorise the carrying out of works in default (including the recovery of costs from the owner) under the powers conferred by Section 219 of the Town and Country Planning Act 1990 in respect of the failure to comply with the requirements of the Section 215 Notice served on the Land.

85.

New Planning Appeals Lodged, Decisions Received and Dates of Forthcoming Hearings/Inquiries pdf icon PDF 118 KB

The Committee is asked to note the report.

Minutes:

The Committee considered the appeals report.

 

RESOLVED to NOTEthe report.