Agenda item

The Committee considered

·  The report of the Divisional Director – Development on various applications for planning permission etc.

·  Oral statements by members of the public etc. on Item Nos. 1-3 and 5, the Speakers List being attached as Appendix 1 to these Minutes

·  An Update Report by the Divisional Director – Development on Item Nos. 1 and 5, which Report is attached as Appendix 3 to these Minutes

RESOLVED that, in accordance with their delegated powers, the applications be determined as set out in the Decisions List attached as Appendix 4 to these Minutes

Item 1 Parcel 0153 Chelwood Lane, Marksbury – Erection of solar pv farm and associated works (Resubmission) – The Case Officer reported on this application and his recommendation (A) that the application be referred to the Secretary of State to give him the opportunity to consider whether to exercise his call-in powers in accordance with the Town and Country Planning (Consultation) (England) Direction 2009; and (B) subject to the Secretary of State not calling in the application, authorise the Group Manager – Development Management to permit the application subject to conditions. The Update Report referred to letters of support being received and to an error in the report regarding the amount of installed renewable energy capacity in the district.

The applicant’s representative made a statement in support of the application.

Members asked questions about the scheme to which the Officer responded. Councillor Liz Hardman considered that the scheme provided good clean renewable energy which was a much needed commodity. The site would be screened from the road (A368) and there was a 25 year limited permission. She therefore moved the Officer’s recommendation which was seconded by Councillor Manda Rigby.

Members debated the motion. There was some support for the proposal as it would provide clean renewable energy on a site that was not prominent and which would become more screened with further landscaping and thickening of hedgerows.

The motion was put to the vote and was carried 5 voting in favour and 3 against with 1 abstention.

(NOTE: 1) Councillors Ian Gilchrist and Tim Warren had left the meeting for consideration of this application in view of their interests declared earlier in the meeting; and 2) Councillor Doug Nicol left the meeting during the Case Officer’s report as he felt unwell and did not return to the meeting)

Item 2 Somerset Inn, Bath Road, Paulton – Conversion from a public house (Use Class A4) to form a single dwelling (Use Class C3) and associated works – The Case Officer reported on this application and his recommendation to grant permission subject to conditions. He referred to an error in the report regarding the site being outside the housing development boundary when it was actually within the boundary.

The public speakers made their statements against and in favour of the proposal. This was followed by a statement by the Ward Councillor John Bull expressing concerns about the proposal.

Councillor Liz Hardman, as the Ward Member on the Committee, opened the debate. She stated that the Parish Council and local residents were opposed to the loss of the public house as it was a community asset and should be retained. There had been other bids for the property with the intention to run it as pub/restaurant but they had been outbid by the developer who eventually purchased the building at the same price as the private bid. She queried whether the viability issue of continuing as a pub had been fully investigated.

During Members’ discussion, the possible development on the paddock at the rear of the building (currently under appeal) was mentioned but Officers stated that this did not have any bearing on this application. The report by independent consultants retained by the Council was queried.by the Chair to which the Group Manager – Development Management responded that it was an independent report commissioned by the Council to appraise the applicants’ viability report. Councillor Ian Gilchrist supported the proposal and moved the Officer’s recommendation which was seconded by Councillor Bryan Organ.

Members debated the motion. There was a brief discussion about the marketing of the property after which the motion was put to the vote. Voting: 5 in favour and 5 against. The Chair used his casting vote against the motion which was therefore lost, 5 in favour and 6 against.

Councillor Liz Hardman therefore moved that permission be refused on the grounds that there would be a loss of a public house as a community use for which it was safeguarded under Policy CF7 of the Local Plan and the assessment of the non-viability of its original use as a public house had not been proven to their satisfaction. The motion was seconded by Councillor Manda Rigby.

After a short discussion, the motion to refuse permission was put to the vote and was carried, 6 voting in favour and 5 against.

(NOTE: After this Item at 3.52pm, there was an adjournment for a natural break and the Committee resumed proceedings at 4pm)

Item 3 Fosse Way School, Longfellow Avenue, Westfield, Radstock – Provision of new building to accommodate Post 16 teaching area – The Case Officer reported on this application and her recommendation to grant permission subject to conditions.

The public speakers made their statements against the proposal which was followed by a statement by the Ward Councillor Rob Appleyard expressing concerns about the proposal.

The Group Manager – Development Management gave some amended wording for the recommended Condition 4.

Councillor Eleanor Jackson referred to the problems of car parking by school staff and the congested parking problems on this road which was a bus route. The Chair referred to the requirement for a large number of teachers at the School. Parking problems were an issue for the Highways Department and the Police. There was however the issue of the loss of a sports facility but on balance he supported the proposal. The Senior Development Control Engineer informed Members that the School already had a Travel Plan in place.

Councillor Ian Gilchrist supported the proposal and therefore moved the Officer’s recommendation which was seconded by Councillor Bryan Organ. The Officer pointed out that, due to an objection by Sport England to the loss of a sports facility, the application would need to be submitted to the National Planning Casework Unit. This was accepted by the mover and seconder.

After a short discussion, the amended motion was put to the vote and was carried, 8 voting in favour and 3 against.

Item 4 Sherbourne Cottage, Redland Lane, Bishop Sutton – Proposed dwelling on land to the rear of Sherbourne Cottage – This application was withdrawn from the Agenda and was not considered

Item 5 Land between access road and Kennet and Avon Canal, Sham Castle Lane, Bathwick, Bath – Erection of 1 detached dwelling (Revised resubmission) – The Case Officer reported on this application and her recommendation to grant permission subject to conditions. She stated that there was an error in the report where it referred to the balcony being 5.9m from the boundary wall when it was actually 5m. The Update Report referred to an amendment required to the list of Plans submitted with the application in relation to the outbuilding erected on the site.

The public speaker made a statement against the proposal which was followed by a statement by the Ward Councillor David Martin expressing concerns about the proposal.

After a short discussion, Councillor Manda Rigby moved that the application be deferred for a site visit in order that this fairly prominent site could be viewed from surrounding vantage points. The motion was seconded by Councillor Liz Hardman.

The Chair put the motion to the vote which was carried without dissension.