Agenda item

The Committee considered

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

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

·  An Update Report by the Development Manager on Items Nos 1-3, a copy of which 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 Town Hall, The Centre, Keynsham – Erection of new buildings to provide offices, library, one stop shop, retail with associated highway works, new public realm works and landscaping following the demolition of all the buildings currently on site (excluding the multi storey car park which will be extended) – The Case Officer reported on this application and his recommendation to Permit subject to £700,000 being put aside for off-site improvement works in terms of highway improvements, public access/public realm improvements, and to various conditions. He referred to the Update Report which comprised consultation responses from various bodies and referred to additional letters of representation. He stated that a further letter of representation had subsequently been received. The Officer stated that there was some harm to the historic environment but that, in his view, this was outweighed by the substantial public benefits of the scheme. The Chair stated that Members had received two technical briefings on the scheme in the presence of Planning Officers and that a petition had been received objecting to the design.

The public speakers made their statements on the application. Councillor David Bellotti, as Cabinet Member for Community Resources, made a statement in support of the scheme which was followed by a statement by Councillor Charles Gerrish as adjoining Ward Member also in support.

Councillor Bryan Organ opened the debate. He referred to the reasons for the earlier deferral of the application and observed that many of the historic buildings in the Conservation Area were no longer there. He felt that a different design would mean that the building could not fulfil its various functions. In his view, the objectors who had signed the petition objecting to the design only represented a very small percentage of the local population. He supported the proposal and accordingly moved the Officer recommendation. This was seconded by Councillor Les Kew.

Members asked questions to which the Officer responded. The Chair felt that the trees/greenery in the application should be maximised. Councillor Nicholas Coombes was still opposed to the scheme for various reasons and agreed with the views of English Heritage. There should be a scheme that created less harm to the environment/conservation area but with the same public benefits. Councillor Les Kew felt that there had been a lot of improvements to the design and the development would provide a nucleus for further developments and increase the footfall in the town. It was important to ensure that there was quality of workmanship with sample panels being provided. Councillor Neil Butters considered that there had been improvements and that the Focus Groups etc had worked well together. The historic character of this area in Keynsham had gone. There were various benefits of the scheme which was supported by the Town Council and local Councillors. He therefore supported the proposal. Councillor David Martin appreciated the improved design, the benefits of regeneration and sustainability aspects of the proposal and therefore supported it. Members generally were supportive of the scheme. The mover and seconder revised the motion to include the monies of £700,000 for off-site improvements etc being index-linked. The Chair summed up the debate and put the motion to the vote. Voting: 12 in favour and 1 against. Motion carried.

(Note: After this Item at 3.35pm, there was a 10 minute natural break.)

Item 2 No 12 High Street, Weston, Bath – Erection of rear ground floor extension (totalling approximately 206 sq m) to create an enlarged retail unit together with rear first and second floor extensions to create 6 two bed apartments and alterations to existing shop fronts at Nos 12-20 High Street, Weston – The Case Officer reported on this application and her recommendation to (A) authorise the Planning and Environmental Law Manager to enter into a Section 106 Agreement to secure £18,000 for the improvement of local public transport infrastructure; and (B) subject to the prior completion of the above Agreement, authorise the Development Manager to Permit subject to conditions. The Update Report gave details of a further objection having been received.

The public speakers made their statements on the application which was followed by a statement by the Ward Councillor Colin Barrett against the proposal. Ward Councillor Malcolm Lees made a statement and informed the Committee of the planning background as regards shops in the area, the lack of footfall since Tesco had occupied the premises as they sold fewer product lines, the problems of parking/deliveries, and the similarityto the Co-op in Larkhall which had 10 parking spaces. The car park here would become a private car park for Tesco only and he was concerned that additional residential accommodation would create more demand for parking. The Development Manager advised that Development Plan policies needed to be adhered to unless the policies were outweighed by other material considerations. Car parking was a material consideration but evidence should be provided in support. The number of product lines or future occupiers of the site was not material. Councillor Lees then left the meeting in view of his interest declared earlier in the meeting. The Senior Development Control Engineer gave advice on the parking situation. Members asked various questions to which Officers responded. Councillor Les Kew had some concerns about the development and moved that consideration be deferred for a Site Visit to view the site in the context of its surroundings and the potential impact of increased residential accommodation and parking provision. The motion was seconded by Councillor Bryan Organ. The motion was put to the vote, 7 voting in favour and 2 against with 3 abstentions. Motion carried. (Note: Councillor Malcolm Lees was absent and therefore did not vote).

Items 3&4 Roman Candles, 5 Terrace Walk, Bath – (1) Display of external fascia and hanging signs (regularisation) and removal of existing light fittings and associated works (Ref No 12/03082/AR); (2) external alterations for the display of external fascia and hanging signs (regularisation) and removal of existing light fittings and associated works (Ref No 12/03095/LBA) – The Case Officer reported on these applications and his recommendations to Refuse advertisement and listed building consent. The Update Report contained an amended reason for refusal of advertisement consent. The applicant made a statement in support of his applications. This was followed by a statement by the Ward Councillor Manda Rigby who supported the proposal and stated that the applicants would remove the light fittings and were willing to alter the gloss finish to a matt finish. She then left the meeting in view of the interest she had declared earlier in the meeting.

Councillor Brian Webber, as the other Ward Member on the Committee, supported the proposal and moved that the Officer’s recommendations be overturned and that advertisement and listed building consent be granted. The motions were seconded by Councillor Martin Veal. They considered that the size, materials and design were not detrimental to the appearance of the building, the adjacent listed buildings, the Conservation Area or the World Heritage Site.

Members debated the motions. It was generally felt that the hanging sign was fairly inconspicuous and the typeface of the fascia sign was of classic design, whether gloss or matt finish. The Development Manager reminded the Committee that the building, being listed and in the Conservation Area and the World Heritage Site, required the use of traditional materials. She sympathised with the applicants but the materials would have a harmful impact on the building and the area as a whole. Members felt, in the circumstances, that there could be some compromise, perhaps a temporary consent for 2 or 3 years. Councillor Martin Veal considered that, on the basis that the light fittings would be removed and the fascia sign given a matt finish, moved that temporary consents be granted for a period of 3 years. This was seconded by Councillor Neil Butters. It was considered that Officers could negotiate with the applicants for appropriate materials to be used in any replacement signs during that time period. Councillor Brian Webber agreed the amendment.

The motions were put to the vote separately. The voting was unanimously in favour of both motions.

Item 5 Parcel 1100, Compton Martin Road, West Harptree – Change of use of land from agricultural (sui generis) to the keeping of horses (sui generis) and erection of stables and formation of replacement access and track (Resubmission) – The Case Officer reported on this application and her recommendation to Permit with conditions. The applicant made a statement in favour of his application.

The Chair queried whether trees would be protected. The Officer stated that a condition regarding tree protection could be added. Councillor Les Kew queried why the track was located in the middle of the field and the materials. The Officer replied that a track down the side of the field would affect the bungalow on adjoining land; the track would be made of scalpings. Councillor Eleanor Jackson moved the Officer’s recommendation with an additional condition on Tree Protection. This was seconded by Councillor Neil Butters. The motion was put to the vote and was carried, 12 voting in favour and 0 against with 1 abstention.

Item 6 Site of Alcan Factory, Nightingale Way, Midsomer Norton – Application for a Deed of Variation to a S106 Agreement relating to a residential-led mixed use redevelopment comprising the erection of 169 dwellings, community facilities, offices, town centre link, formal green space and associated works (Agreement signed and permission granted 29^th June 2012) – The Case Officer reported on this application seeking a variation to the S106 Agreement to require that the community and office building is available for occupation prior to the occupation of more than 100 residential dwellings - the Agreement would remain unchanged in all other respects. He recommended that the Committee agree to the request for the variation of the planning obligations entered into in respect of this development and, if the Committee accepted this recommendation, to resolve that the Council enter into a supplemental S106 Agreement with the current owners of the land to vary the terms of the S106 Agreement made between the Council, Linden Homes Ltd and HSBC Bank Plc in respect of the former Alcan factory site, Nightingale Way, Midsomer Norton (“the original S106 Agreement”) to provide in respect of the community and office building that 1) construction to commence before occupation of 65 dwellings; and 2) the building to be available for occupation prior to occupation of more than 100 residential dwellings. The Ward Councillor Rob Appleyard made a statement in support of the variation.

Councillor Eleanor Jackson supported the application for the variation and moved the Officer recommendation. This was seconded by Councillor Les Kew.

The motion was put to the vote and was carried, 11 voting in favour and 1 against (Note: Councillor Brian Webber had left the meeting before consideration of this application).