Agenda item

The Committee considered

·  A report by the Development Manager on various applications for planning permission

·  Oral statements by members of the public etc on Item Nos 2, 3 and 6, the Speakers List being attached as Appendix 1 to these Minutes

·  An Update Report by the Development Manager on Item Nos 3-6, a copy of which Report is attached as Appendix 2 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 3 to these Minutes.

Item 1 The Galleries Shop, Freshford Lane, Freshford – Erection of extension to Freshford Shop to increase café area and decking – The Development Team Leader reported on this application and the recommendation to Permit with conditions. He reminded Members that the application had been considered at the March ordinary meeting where Officers had recommended Refusal. The Committee deferred the application for it to be advertised as a Departure from the Development Plan and to give the applicants the opportunity to demonstrate very special circumstances to outweigh the harm to the Green Belt by reason of inappropriateness. However since that meeting, the National Planning Policy Framework had been published which allowed exceptions including “the extension or alteration of a building provided that it does not result in disproportionate additions over and above the size of the original building.” This enabled Officers to recommend that permission now be granted. However, the Departure advertisement did not expire until the day after this meeting and therefore he amended the Recommendation to Delegate to Officers subject to no new objections being received up to the expiry of the advertisement period and subject to the Conditions set out in the Report.

After some clarification by Members, Councillor Neil Butters moved the revised Recommendation which was seconded by Councillor Martin Veal. Following a brief debate, the motion was put to the vote and was carried, voting being 11 in favour and 1 against.

Item 2 Folly Farm, Folly Lane, Stowey – Change of use from Class C2 to Mixed Use combining Classes C2/D2 for residential education, wedding ceremonies and receptions with ancillary café, teaching and workshop (Retrospective) – The Case Officer reported on this application and his Recommendation to Permit with conditions. He reminded Members that the application had been considered at the February Committee meeting. However, third parties had not received notification letters of the meeting which had therefore denied them the opportunity to make representation. He referred Members to the receipt of a further letter of objection resulting from consultation responses received the day before and which had been passed to the Chair and the Group Leaders. He summarised the content of the letter bringing the Committee’s attention to the salient points and the traffic count submitted in the letter of representation. He advised Members that this did not alter his Recommendation; however, he recommended that a further Condition be added to limit the number of weekend wedding ceremonies to 35 per year.

The public speaker made her statement supporting the proposal which was followed by a statement by the Ward Councillor Vic Pritchard.

Members asked questions about the proposal to which the Case Officer responded. Councillor Eleanor Jackson supported the proposal and moved the Officer Recommendation which was seconded by Councillor Bryan Organ. After a brief discussion, the motion was put to the vote and it was carried, voting being unanimously in favour.

Item 3 Sainsbury’s Supermarkets Ltd, 170 Frome Road, Odd Down, Bath – Variation of Condition 29 of application 09/02389/OUT to allow deliveries from 0600 to 2300 hours seven days a week including Bank Holidays (Mixed use development comprising the erection of (1) a new foodstore and associated accesses including a new roundabout at Frome Road (no matters reserved for future consideration on this part); and (2) the erection of “extra care” retirement housing (Use Class C2) (appearance, landscaping, layout and scale reserved for future consideration on this part) – The Planning Officer reported on this application and the Recommendation to grant temporary permission with conditions. The Update Report recommended an additional condition relating to the service yard gate. The public speaker then made his statement in support of the application.

Members asked questions about the proposal to which the Officer responded. Councillor Bryan Organ supported the proposal and therefore moved the Officer Recommendation emphasising that the proposal would need to be reviewed after 6 months. The motion was seconded by Councillor Les Kew.

Members debated the motion. Discussion centred on possible noise and the impact on neighbours and the residents in the “extra care” retirement housing that has yet to be built. The Development Manager responded on queries regarding a noise assessment by a competent person (Condition 27 refers). She also advised that the legislation specifically allowed for local planning authorities to grant temporary planning permissions in order to allow the impact of development proposals to be monitored, particularly where residential amenity might be affected. This was an example where such monitoring would provide evidence as to whether the extended hours were harmful to amenity or not. Some Members considered that there should be a breakdown of delivery/arrival times and the number of delivery lorries. The noise assessment should also take into account the impact of noise from lorries idling or reversing with bleepers etc. The motion was then put to the vote. Voting: 5 in favour and 6 against with 1 abstention. Motion lost.

Councillor Nicholas Coombes moved that permission be refused on the grounds that the proposal would be detrimental to the amenities of local residents and potential residents in the “extra care” housing. This was seconded by Councillor David Martin. The motion was put to the vote. Voting: 6 in favour and 5 against with 1 abstention. Motion carried.

Item 4 Land adjacent to Kingswell, Eckweek Lane, Peasedown – Erection of 2 dwellings (Resubmission) – The Case Officer reported on this application and her recommendation to Refuse permission.

Councillor Eleanor Jackson moved the Officer Recommendation to Refuse emphasising that the design was unsuitable and didn’t reflect surrounding properties as included in the recommended reasons for refusal. This was seconded by Councillor Les Kew.

After a brief discussion, the motion was put to the vote and was carried unanimously.

Item 5 Parcel 9015 Rowley Farm Lane, Combe Hay – Erection of 250 solar pv panels in a ground mounted array – This application had been withdrawn by the applicant prior to the meeting and therefore was not considered.

Item 6 Bath Urban Area, Various Streets – Erection of 9 temporary plinths with name plaques in various locations (for the display of temporary public art works) (01/05/2012 – 01/11/2012) – The Case Officer reported on this application and his Recommendation to grant permission (for the period applied for) with conditions. He informed Members that the siting of a sculpture at The Circus had been withdrawn by the applicant. The Update Report provided information on a revised number of installations ie 9 instead of 15; third party comments; updates on the proposed sculptures 4a, 4b, 6, 8 and 9; and added an Informative to the Recommendation. The public speakers then made their statements in support of the proposal.

Members discussed the application. Councillor Neil Butters referred to possible security issues with the sculptures. He then moved the Officer recommendation which was seconded by Councillor Bryan Organ.

Members debated the motion. There was discussion regarding the locations for some of the sculptures. The motion was then put to the vote and it was carried unanimously.