Agenda item

Main Plans List - Applications for Planning Permission Etc for Determination by the Committee

Minutes:

The Committee considered:

 

·  A report by the Group Manager (Development Management) on various planning applications.

 

·  An update report by the Group Manager (Development Management) on items 1, 2, 3 and 5 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 4 to these minutes.

 

Item Nos 1 and 2

Application Nos 16/05548/MINW and 17/00329/FUL

Site Location: Upper Lawn Quarry, St Winifred’s Drive, Combe Down, Bath – Extension of quarry and variation of restoration strategy and period of extraction up until 2035.  Change of use of an area of paddock land for use as allotments.

 

The Case Officer reported on the applications and his recommendation to delegate to permit.

 

The registered speakers spoke for and against the applications.

 

Cllr Cherry Beath, local ward member, spoke against the applications.

 

The Case Officer then responded to questions as follows:

 

·  The allotments in rows 4-7 will be relocated.

·  The Secretary of State has received a request to call in the application.

·  There is a footpath leading down Row 23 of the allotments.

·  The water trough will be replaced.

·  The existing top soil and sub soil will be used for the replacement allotments.

·  There is still the possibility for further extraction from the quarry if required in the future.

·  The total area of the replacement allotment site is larger than the existing site. 

 

The legal advisor informed the Committee that any land ownership matters that may be controlled by the Council were not planning considerations and should be dealt with as a separate aspect.  Compensation for loss and inconvenience of the allotments was also a legal matter between the individual parties rather than a planning matter.

 

Councillor Jackson stressed the need for the replacement allotments to be equivalent to the existing ones.  She also felt that the terms and conditions for these allotments should be brought in line with national allotment practice to ensure like for like.

 

The Team Manager, Development Management explained that the Committee cannot change the legal status of the existing allotments.  Any change could be considered by the allotment association, the landowner and the Council.  The management of the allotments was not a consideration for this Committee.

 

Councillor Romero felt that the application should be deferred until some of the outstanding issues have been clarified.

 

Councillor Jackson moved that the Committee delegate to permit the applications subject to conditions as set out in the report, but also to amend condition no. 3 of application no.17/00329/FUL, and add an extra condition, if necessary, to achieve a revised layout plan for the allotments. This was seconded by Councillor Kew.

 

The motion was put to the vote and it was RESOLVED, subject to the Secretary of State not calling in the application:

 

(a)  By 8 votes in favour, 1 vote against and 1 abstention to DELEGATE TO PERMIT application number 16/05548/MINW subject to the conditions set out in the report.

(b)  By 7 votes in favour, 1 against and 2 abstentions to DELEGATE TO PERMIT application number 17/00329/FUL subject to the conditions set out in the report.

 

Item No. 3

Application No. 17/05748/FUL

Site Location: Fairash Poultry Farm, Compton Martin Road, West Harptree – Conversion and part demolition of redundant poultry sheds to form 2 live-work dwellings and associated access and landscaping works (Resubmission)

 

The Case Officer reported on the application and his recommendation for refusal.  He informed the Committee that since publication of the report 2 letters of objection and 1 letter of support had been received.  The reasons for objection included poor access, highway safety, contamination, lack of marketing of the site and lack of affordable housing.  The reasons for support included the innovative design.

 

The registered speakers spoke for and against the application.

 

Cllr Tim Warren, local ward member, spoke in favour of the application.

 

The Case Officer then responded to questions as follows:

 

·  It is likely that there would be a modest reduction in the number of vehicle movements to the site due to the change from poultry sheds to live-work dwellings.

·  It was confirmed that there has been no permission as yet for change of use from employment to residential purposes.

·  The Highways Officer explained that the development was too small to justify the construction of a new roundabout in this location.

 

Cllr Kew stated that the farm buildings currently on site were unsightly and that this proposal could provide an opportunity for improvement.  He noted that the site was industrial and was not in the greenbelt.  Cllr Kew moved that the Committee delegate to permit the application subject to conditions.

 

Councillor Organ seconded the motion noting that the site had been vacant and unsightly for a number of years and that the proposal would not lead to increased traffic in the area.

 

Cllr Richardson felt that this application was almost acceptable but had not yet completely addressed all the issues.  She believed that the junction was dangerous and that visibility was poor.  She did not feel that sustainability was an issue and did not believe that a footpath was necessary.  She noted that a neighbourhood plan was in place for this area.

 

Cllr Jackson noted that need to ensure sustainable patterns of development which was promoted by the NPPF and therefore must be given significant weight.  She felt that the visibility at the junction was very limited.  She also stated that the provision of two dwellings represented underdevelopment and that the size of the site would support the provision of affordable housing.

 

Cllr Romero stated that the access to the site was still substandard and that the application required some further revisions.

 

The Team Manager, Development Management, advised the Committee that they must consider the application as it stands.  If a footpath were to be provided then this would require a S106 Agreement.  He also confirmed that there was no minimum density policy for this site.

 

Cllr Kew stated that most planning issues had now been resolved and that he supported the conversion of the redundant buildings in this rural area.  The proposal would deliver a permanent solution to this redundant site provided conditions relating to the appropriate materials and landscaping were in place.

 

The motion was put to the vote and it was RESOLVED by 6 votes in favour, 2 votes against and 2 abstentions to DELEGATE TO PERMIT the application subject to conditions and a legal agreement if necessary.

 

Item No. 4

Application No. 17/05569/FUL

Site Location: Roundhill Farm, Moorledge Road, Chew Magna – Erection of extension and conversion of farm buildings to provide one dwelling

 

The Case Officer reported on the application and her recommendation for refusal.

 

The registered speaker spoke in favour of the application.

 

Cllr Liz Richardson, local ward member, spoke in favour of the application.

 

The Case Officer confirmed that this type of development would not normally be restricted to ownership by family members as it was not a rural workers’ dwelling.  It was noted that no evidence had been received to satisfy policy RE4 in terms of the need for the dwelling and the financial viability of the business to support such a dwelling.

 

Cllr Romero felt that consideration of the application should be deferred so that the case could be made for the provision of a rural workers’ dwelling.

 

In response to a question the Case Officer explained that if this were a barn conversion then it could be allowed under permitted development rights.  The Team Manager, Development Management, explained that this proposal consisted of substantial extension and alteration which was beyond the conversion policy.  He confirmed that if members wished to approve the application, on the basis that it was for a family member, then a S106 Agreement could be put in place to ensure that the ownership of the new property remained within the same family as the main farmhouse.

 

Members discussed the potential overlooking and loss of privacy that would be caused by the development and concluded that, as the house would be occupied by a member of the same family, any negative impact would be mitigated.

 

Councillor Kew moved that the Committee delegate to permit the application subject to conditions and a S106 Agreement requiring the property to remain in the same ownership as that of the main farmhouse building.  This was seconded by Cllr Jackson.

 

The motion was then put to the vote and it was RESOLVED unanimously to DELEGATE TO PERMIT the application subject to conditions and the provision of a S106 Agreement requiring the new property to remain in the same ownership as the main farmhouse building.

 

Item No. 5

Application No. 17/05316/FUL

Site Location: Bloomfield House, 3 Braysdown Lane, Peasedown St John – Demolition of existing rear single storey extension and replacing with new 2 storey rear extension

 

The Case Officer reported on the application and her recommendation for refusal.  It was confirmed that the dwelling was neither listed nor in a Conservation Area.

 

The registered speaker spoke in favour of the application.

 

Councillors Sarah Bevan and Karen Walker, local ward members, spoke in favour of the application.

 

Cllr Jackson noted that the proposed extension was not subservient to the existing building.  She also queried whether the timber cladding was appropriate for this property.

 

Cllr Romero proposed that consideration of this application be deferred pending a site visit.  This was seconded by Cllr Jackson.

 

The motion was then put to the vote and it was RESOLVED by 8 votes in favour and 2 abstentions to DEFER consideration of the application pending a site visit.

 

(Note: At this point Cllr Caroline Roberts left the meeting).

 

Item No. 6

Application No. 17/05269/FUL

Site Location: 27 Horsecombe Brow, Combe Down, Bath, BA2 5QY – Erection of single storey rear extension and two storey side extension.  Replacement of existing windows and re-cladding of existing dormer window following demolition of existing garage and side extension

 

The Case Officer reported on the application and her recommendation to permit.

 

Cllr Kew moved the officer recommendation to permit.  This was seconded by Cllr Organ.

 

The motion was put to the vote and it was RESOLVED by 8 votes in favour and 1 abstention to PERMIT the application subject to the conditions set out in the report.

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