Agenda item

The Committee considered the joint report of the Development Manager and Planning and Environmental Law Manager which (1) informed the Committee of the Order of the High Court (a copy was appended to the Report) following the claim for Judicial Review against the Council’s decision to issue Enforcement Notices for alleged unauthorised development at the Former Fullers Earthworks; and (2) updated the Committee on the West of England Joint Waste Core Strategy (JWCS) so far as it related to the site.

The Development Manager displayed 2 plans which indicated i) the ownership and location plan which was the plan attached to the Enforcement Notices; and ii) the area allocated by the Inspector and adopted by the Council for a residual waste facility under the JWCS. The Development Manager advised that any planning application proposing a residual waste facility would go out for public consultation in the normal way. She drew attention to a typographical error in paragraph 7.4 of the Report which referred to Annex D which should have read Annex E.

The members of the public etc then made their statements on the matter which were noted.

The Development Manager reminded Members of the reasons for serving the Enforcement Notices. She advised the Committee that the High Court had quashed the Notices and that the Council had adopted the JWCS stating that it was the Officers’ view that the Council should attempt to resolve the outstanding issues by focussing on the potential for this site to be used as a residential waste facility. If planning permission was granted in due course, the implementation of the permission had the potential to resolve the situation.

She emphasised again the purpose of the Report to Committee and drew attention to further representations received which had lead to a further recommendation being added to allow for consideration of such representations.

Members discussed the issues including the residual waste facility. It was stated that Members shared the concern of residents on the environmental impact of the site but agreed that, if the concerns could be resolved by delivery of the residual waste facility on the land, this should be negotiated and progressed as soon as possible.

It was moved by Councillor Cherry Beath and seconded by Councillor Eleanor Jackson to approve the Officers’ recommendations and it was therefore RESOLVED that (1) the Committee note the contents of the Report acknowledging the decision of the High Court and the allocation of Fullers Earth in the JWCS and, in light of this, endorse the Officer’s proposal to work positively with the owner of the site to achieve the delivery of a residual waste facility on the land as allocated in the JWCS; (2) the owner of Fullers Earth be written to setting out the Council’s support for the allocation of the land in the Joint Waste Core Strategy and inviting its assistance in achieving this aim and seeking representations from the owner on any progress on its proposal to fulfil the allocation; and (3) the question of whether or not to take any further enforcement action be deferred for a further report pending consideration of the recent representations.

(Note: (1) This decision was agreed unanimously; and (2) Councillor Dine Romero left the meeting during its consideration.)