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Bath & North East Somerset Council

MEETING:

Development Control Sub-Committee A

AGENDA
ITEM
NUMBER

MEETING DATE:

17 December 2003

  

REPORT AUTHOR:

Eamonn Flanagan, Development Control Manager (Telephone: 01225 394135)

  

RESPONSIBLE OFFICER:

David Davies, Head of Planning Services, (Telephone: 01225 394125)

  
 

TITLE:

APPLICATIONS FOR PLANNING PERMISSION ETC.

WARD:

ALL

BACKGROUND PAPERS: See over

AN OPEN PUBLIC ITEM

BACKGROUND PAPERS

List of background papers relating to this report of the Head of Planning and Development Services about application/proposals for Planning Permission etc. The papers are available for inspection at Trimbridge House, Trim Street, Bath BA1 2DP.

BATH AND NORTH EAST SOMERSET COUNCIL

AREA A DEVELOPMENT CONTROL SUB-COMMITTEE

PLANNING COMMITTEE REPORT INDEX

17 December 2003

ITEM NO.

APPLICATION NO.:

APPLICANTS NAME/SITE ADDRESS and PROPOSAL

WARD:

OFFICER:

REC:

PAGE NO.

01

03/01849/FUL

O2 (UK) Ltd

Highways Land At Wellsway/ Bloomfield Road Bath

Telecommunication installation comprising 12.5m high slimline monopole with 3no. antennae within shroud and associated equipment cabin.

Lyncombe

Sarah James

PERMIT

4-6

02

03/02118/FUL

Hutchison 3G UK Ltd

RSPCA Cats And Dogs Home The Avenue Claverton Down Bath BA2 7AZ

Installation of 1 x 15m telegraph pole and 3 x antennae at 13.3m and 1 x 0.3m dish. Installation of 1 x NEC equipment cabin

Bathwick

Andrew Ryall

Delegate to PERMIT

7-13

03

03/02459/FUL

G Gardner

13 Lower Bristol Road Bath BA2 3BA

Conversion to 3no. apartments, erection of single-storey rear extension and other associated works.

Widcombe

Lisa Bartlett

PERMIT

13-18

04

03/02609/REG13

Bath & North East Somerset Council

1 Saville Row Bath BA1 2QP

General refurbishment to include structural tie to front elevation; new electrical installation; kitchen and staff W.C. facilities to top floor

Abbey

Robert Sutcliffe

CONSENT (Subject to SSE)

18-19

BATH AND NORTH EAST SOMERSET COUNCIL

AREA 'A' DEVELOPMENT CONTROL SUB-COMMITTEE

17 December 2003

REPORT OF THE HEAD OF PLANNING SERVICES ON APPLICATIONS FOR DEVELOPMENT

Item No:01

APPLICATION NO. 03/01849/FUL TYPE Full Application

EXPIRY DATE 15th Sep 2003

WARD Lyncombe

Conservation Area

APPLICANT: O2 (UK) Ltd

PROPOSAL: Telecommunication installation comprising 12.5m high slimline monopole with 3no. antennae within shroud and associated equipment cabin.

SITE LOCATION: Highway Land At Wellsway/ Bloomfield Road Bath

DESCRIPTION OF SITE AND APPLICATION

The application site is located south of the city near the Bear flat shopping centre. The site is within the Bath Conservation Area and World Heritage Site. The application land comprises a triangle of grass between the Bloomfield Road and Wellsway with the proposed equipment being intended to be located on the east edge of the grass on the innermost part of the pavement alongside Wellsway.

This application seeks to erect a 12.5 metre high slimline monopole telecommunications mast with three number antennae and an associated equipment cabin. The mast and equipment would be positioned on the Wellsway side of the grass on the pavement edge. The cabin would measure 0.35 x 1.408 1.38 metres high and be painted green.

CONSULTATIONS AND REPRESENTATIONS

ENGINEERING SERVICES: No comment

28 letters of objection have been received on the following grounds:-

- Health risks

- Visual impact

- Harm to Conservation Area

- Lack of exploration of site sharing

- Inadequate information

- Lack of pre-application consultation

- Precedent

PLANNING ISSUES

POLICY CONTEXT: This site is within the Bath Conservation Area and World Heritage Site and therefore Policies C1, C2, C3, C4 and C31 of the Bath Local Plan must be taken into account when considering this proposal. Residential amenity in relation to policy H15 must also be considered.

At the meeting of the Council on 17 July 2003 the Bath and North East Somerset Local Plan, Revised Deposit Draft 2003 was approved for development control purposes. However, this plan has yet to be subject to public consultation in relation to changes agreed at the meeting of the Council. Whilst the policies of this Plan are relevant to the consideration of this application they currently carry limited weight until the Local Plan has gone further down the consultation and adoption process regarding any objections to the Revised Plan and Policies.

PLANNING HISTORY: None relevant

VISUAL IMPACT: The mast would be positioned in a location where there is a large amount of existing street furniture. Whilst this structure and associated cabin would add to that mix, taking account of the appearance of the proposed mast and equipment and its location, it is not considered that the development would be of such harm to the visual amenities of the area, Conservation Area or World Heritage Site, so as to warrant refusal on this basis. Notwithstanding this conclusion it is advised that consideration has been given to alternative designs and the possible 'swapping' out of lamppost structures, but these alternative approaches have disadvantages of their own and it is considered that on this site the approach that the applicant has adopted is the least intrusive.

HEALTH: Within Planning Policy Guidance Note 8: 'Telecommunications' the Government sets out its guidance for Local Planning Authorities when determining planning applications for telecommunication proposals. In relation to health issues it states:-

"Health considerations and public concern can in principle be material considerations in determining applications for planning permission and prior approval. Whether such matters are material in a particular case is ultimately a matter for the courts. It is for the decision-maker (usually the local planning authority) to determine what weight to attach to such considerations in any particular case.

However, it is the Government's firm view that the planning system is not the place for determining health safeguards. It remains central Government's responsibility to decide what measures are necessary to protect public health. In the Government's view, if a proposed mobile phone base station meets the ICNIRP guidelines for public exposure it should not be necessary for a local planning authority, in processing an application for planning permission or prior approval, to consider further the health aspects and concerns about them."

The Committee should note that in support of the planning application the applicant has submitted a declaration that the proposed apparatus is in full compliance with the guidance of the International Commission on Non-Ionising Radiation Protection (ICNIRP).

RESIDENTIAL AMENITY: The proposal is not within close proximity to residential properties in that it sits within an area bound by two major roads. In terms of the physical impact it is not considered that harm would arise. Potential health risks to local residents are covered under a separate heading within this report.

OTHER MATTERS: The applicant has confirmed that pre-application consultation has been carried out to accord with the telecommunications industry own good practice guidelines, but it is in either event to be acknowledged that there is no statutory planning basis for insisting on operators complying with their own good practice guidelines on this matter. It is further advised by the applicant that site mast sharing has been explored and that there was no other available telecommunications equipment to share in the coverage area. This is supported by conclusions reached by the Inspector and council when considering a recently dismissed telecommunications proposal at a site nearby.

CONCLUSION

Taking account of relevant planning policy guidance the proposal is on balance considered to be acceptable.

RECOMMENDATION

PERMIT with the following conditions:

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

Reason: As required by Section 91 of the Town and Country Planning Act 1990 and to avoid the accumulation of unimplemented planning permissions.

2 The apparatus and equipment hereby approved shall not be brought into use until the external surface of the monopole has been painted black, and thereafter maintained in this colour, unless agreed otherwise in writing by the Local Planning Authority.

Reason: In the interest of the character and appearance of this part of the Conservation Area and World Heritage Site.

FOOTNOTE: This decision relates to drawing(s) Location Plan date stamped 21 July 2003, Drawing C51564 001 Rev P2 date stamped 29 July 2003, Letter and associated information dated 18th July 2003, drawing 2511/A date stamped 31 July 2003.

This decision has been made having particular regard to policies C1, C2, C3, C4, C31 and H15 of the Bath Local Plan, adopted June 1997 and policies ES7 of the Bath and North East Somerset Revised Deposit Draft

______________________________________________________________________

Item No:02

APPLICATION NO. 03/02118/FUL TYPE Full Application

EXPIRY DATE 16th Oct 2003

WARD Bathwick

Area of Outstanding Natural Beauty Greenbelt

APPLICANT: Hutchison 3G UK Ltd

PROPOSAL: Installation of 1 x 15m telegraph pole and 3 x antennae at 13.3m and 1 x 0.3m dish. Installation of 1 x NEC equipment cabin

SITE LOCATION: RSPCA Cats And Dogs Home The Avenue Claverton Down Bath BA2 7AZ

DESCRIPTION OF SITE AND APPLICATION

The application site is situated on the south side of The Avenue, Claverton Down close to the eastern edge of the city boundary. In September 1999 planning permission was granted for a new reception building, new kennels and a new car park and vehicular access. This works has now been completed on site.

It is proposed to erect a 15 metre high 'telegraph pole' type telecommunications mast to the west of the western most vehicular access to the RSPCA Cats and Dogs' Home, and close to the boundary with The Avenue. This part of the Cats and Dogs' Home is enclosed by a natural stone rubble wall, approximately 1.4 metres high, fronting The Avenue and is separated from the car park by a 1.8 metre high timber fence which incorporates an access gate. This area is used for storage within which is also a Portakabin. To the west is a house owned by the RSPCA.

The proposed pole is approximately 300 mm in diameter and encloses three antenna at its upper level. A 300 mm diameter dish will be attached to the exterior of the pole at a height of 12.75 m above ground level. It is proposed that the pole will be coloured brown. At the base of the pole will be three cabinets, two of these will be 1.2 metres high and the other will be 1.5 metres high. It is proposed that these cabinets are coloured green.

This part of The Avenue is lined by mature trees, predominantly beech, and to the north of The Avenue are playing fields for Bath University within which are floodlights.

The trees which line The Avenue are the subject of a Tree Preservation Order. The application site is within the World Heritage Site, Green Belt and within the Cotswold Area of Outstanding Natural Beauty.

In support of the proposal the applicant has submitted a signed declaration stating that the proposed installation conforms with the exposure guidelines of the International Commission on Non-ionising Radiation Protection (INCIRP). The applicant has also stated that adjoining land owners have been approached with regard to siting the proposed telecommunications apparatus on their land. In the case of the University of Bath, the applicant has stated that as the University is in the midst of major refurbishment they do not wish to entertain such a proposal in the foreseeable future. Rainbow Wood Farm to the south and the American Museum to the east cannot not be used as no coverage can be achieved. Also, the National Trust who own substantial part of the nearby land has a blanket restriction on telecommunications equipment.

CONSULTATIONS AND REPRESENTATIONS

LANDSCAPE ARCHITECT: The Council's Landscape Architect has no objection in principle to this proposals but has suggested that it is moved a few metres to the west to make it less visible and that the boundary wall is raised in height to hide the cabinets.

ARBORICULTURAL OFFICER: The Council's Arboricultural Officer has pointed out that the position of the proposed pole is in an area that has been identified for the planting of a tree to replace a beech tree, which was the subject of a Tree Preservation Order, and which was felled in 2000. The replacement tree has yet to be planted and this issue is being pursued separately by the Council's Arboricultural Officer.

HIGHWAY ENGINEER: No highway objection is raised.

REPRESENTATIONS: A petition, containing 16 signatures has been received objecting to this proposal. Three of the signatories reside at the nearby house owned by the RSPCA,. and included within the application site. The objections relate to the potential health hazards of the telecommunications apparatus and it also states that there have been no tests as to the effect such apparatus has on animals.

In response to the petition a letter has been received from the General Manager of the Bath Cats and Dogs Home. The letter states that the Regional Community Affairs Manager of Hutchison 3G UK Ltd has given a presentation to approximately 12 staff in order to explain how the radio base station would work, the relevant public emission guidelines and about radio waves and electromagnetic energy in general. It is also stated that at the end of the presentation, staff were invited to ask questions, of which all were duly answered. The letter concludes that "the management team at this home is satisfied that Hutchison 3G UK Ltd (known as 3) works to the highest scientific and safety standards. We firmly believe that this is a suitable site for such a radio base station."

PLANNING ISSUES

Within the Bath Local Plan, adopted June 1997 the following policies are relevant to the consideration of this application.

Policies C1 and C2 - Impact upon the character and appearance of the surrounding area and the World Heritage Site.

Policy H15 - Residential Amenity.

Policy GB1 - Allows only certain development within the Green Belt, except in very special circumstances. Policy GB1 is as follows:

POLICY GB1 - WITHIN THE GREEN BELT, AS DEFINED ON THE PROPOSALS MAP, PLANNING PERMISSION WILL NOT BE GRANTED, EXCEPT IN VERY SPECIAL CIRCUMSTANCES, FOR DEVELOPMENT OTHER THAN:

i) THE CONSTRUCTION OF NEW BUILDINGS FOR THE FOLLOWING PURPOSES:

a) AGRICULTURE AND FORESTRY;

b) ESSENTIAL FACILITIES FOR OUTDOOR SPORT AND OUTDOOR RECREATION, FOR CEMETERIES, CREMATORIA, AND FOR OTHER USES OF LAND WHICH PRESERVE THE OPENNESS OF THE GREEN BELT AND WHICH DO NOT CONFLICT WITH THE PURPOSES OF INCLUDING LAND IN IT;

c) LIMITED EXTENSION OR ALTERATION OF EXISTING DWELLINGS, PROVIDED THIS DOES NOT RESULT IN DISPROPORTIONATE ADDITIONS OVER AND ABOVE THE SIZE OF THE ORIGINAL BUILDING; AND

d) THE REPLACEMENT OF AN EXISTING DWELLING PROVIDED THE REPLACEMENT IS NOT MATERIALLY LARGER THAN THE DWELLING IT REPLACES;

ii) THE RE-USE OF BUILDINGS, PROVIDED THAT:

a) THEIR FORM, BULK AND GENERAL DESIGN ARE IN KEEPING WITH THEIR SURROUNDINGS;

b) THEY ARE OF PERMANENT AND SUBSTANTIAL CONSTRUCTION AND CAPABLE OF CONVERSION WITHOUT MAJOR OR COMPLETE RECONSTRUCTION;

c) THE PROPOSED USE DOES NOT HAVE A MATERIALLY GREATER IMPACT THAN THE PRESENT USE ON THE OPENNESS OF THE GREEN BELT AND THE PURPOSE OF INCLUDING LAND IN IT; AND

d) ANY EXTENSIONS OR ASSOCIATED USE OF LAND PRESERVE THE OPENNESS OF THE GREEN BELT OR DO NOT CONFLICT WITH THE PURPOSES OF INCLUDING LAND IN IT;

iii) CHANGES OF USE OF LAND WHICH MAINTAIN THE OPENNESS OF THE GREEN BELT AND DO NOT CONFLICT WITH THE PURPOSES OF INCLUDING LAND IN IT.

Policies L1, L4 and L5 - These policies safeguard the Cotswold Area of Outstanding Natural Beauty and existing trees.

Policy C31 - This policy allows telecommunications development only where there is a proven need and only where there is minimal visual impact.

At the meeting of the Council on 17th July 2003, the Bath and North East Somerset Local Plan, Revised Deposit Draft 2003 was approved for development control purposes. However, this plan, whilst published, has not been subject to public consultation in relation to changes agreed at the meeting of the Council. Whilst the policies of this plan are relevant to the consideration of this application they currently carry limited weight until the Local Plan has gone further down the consultation and adoption process regarding any objections to the Revised Plan and Policies.

VISUAL AMENITY: A number of policies referred to above relate to safeguarding visual amenity, and particular regard should be given to the fact that the application site is within the World Heritage Site and the Cotswold Area of Outstanding Natural Beauty.

The applicant has been asked if a shorter pole, for example a 12 metre high pole, could be used in this location. In response the applicant has stated that a 15 metre monopole is required in order to gain coverage across to the University and across the existing mature trees in The Avenue.

The proposed pole will be seen within the context of the car park and storage area of the Cats and Dogs' Home and, due to its height, will also be seen against the surrounding trees. However, it is shown to be sited very close to the boundary with The Avenue which makes it very prominent within the street scene. The applicant has therefore been asked, and has agreed, to site the proposed pole approximately 4.5 metres further into the site. In this position it will be visually less prominent within this part of the street scene. It is also considered that within the wider context the pole, which will look like a high telegraph pole, will not have an adverse visual effect. This is because the Cats and Dogs' Home has already had a significant effect on the rural character of this area with its new building and associated activity and car parking around it, and the existing trees, particularly when in leaf help to screen the pole from view. It will also be noted that on land to the north of this part of The Avenue there floodlight columns around the playing fields of Bath University.

The revised siting for the pole will also ensure that there is sufficient space close to the road in which to plant a replacement tree, which must be planted as a replacement for the beech tree which was felled in 2000, and which was the subject of a Tree Preservation Order. There is also an opportunity to plant low level planting, as part of this application to help screen the proposed ground level equipment cabinets from view.

RESIDENTIAL AMENITY: The nearest residential property to the proposed site of the telecommunications pole is the house owned by the RSPCA and in which there are tenants. This property is a two-storey house and is sited approximately 25 metres to the west of the proposed pole. The existing trees help to screen this house from the site of the proposed pole, and in any event the visual appearance of the pole itself in the revised position is not considered harmful.

With regard to the health issues raised in the petition against this proposal the Committee will be aware of the Government Guidance set out in Planning Policy Guidance Note 8: Telecommunications. In relation to health issued it states:-

'Health considerations and public concern can in principle be material considerations in determining applications for planning permission and prior approval. Whether such matters are material in a particular case is ultimately a matter of the courts. It is for the decision-maker (usually the local planning authority) to determine what weight to attach to such considerations in any particular case. However, it is the Government's firm view that the planning system is not the place for determining health safeguards. It remains central Government's responsibility to decide what measures are necessary to protect public health. In the Government's view, if a proposed mobile phone base station meets the ICNIRP guidelines for public exposure, it would not be necessary for a local planning authority, in processing an application for planning permission or prior approval, to consider further the health aspects and concerns about them.'

As stated earlier in this report the applicant has submitted a declaration that the proposed apparatus is in full compliance with the guidance of the International Commission on Non-ionising Radiation Protection (ICNIRP).

GREEN BELT: The Committee will note from the Council's Green Belt policy that the erection of telecommunications equipment is not allowed by this policy unless there are 'very special circumstances.' Such circumstances can relate to the applicants need for the proposed equipment, and as reported earlier in this report the applicant has stated that other sites within the area are either not suitable or not available. In support of the need for the proposed apparatus the applicant has stated that Huchison 3G is licensed to establish a new network for the delivery of third generation telecommunication services. The proposal will form an integral part of a comprehensive network being planned for the U.K. In particular the applicant is seeking to provide coverage over the Claverton Down area of Bath, where currently no coverage exists.

The 'need' for this type of apparatus where there are no other available sites in the area is a 'material consideration' in this case and can be regarded as the 'very special circumstances' which allow such proposals within the Green Belt.

Very special circumstances can also take into account the harm, or lack of it, in relation to the Green Belt policy. In this regard, the proposed pole and equipment cabinets in this particular location do not harm the openness of this part of the Green Belt, and the Committee will note that the Green Belt policy seeks to retain openness.

In this particular case as the proposed apparatus does not harm the openness of the Green Belt and the applicant has demonstrated that other sites in the area are not available and thus that there are very special circumstances to allow this type of telecommunications pole in this location within the Green Belt.

CONCLUSION

Visually, in this location the proposed telecommunications pole is considered satisfactory as it does not harm either the character or appearance of the area or the openness of this part of the Green Belt. It is noted that nearby residents have expressed health concerns about the proposal but taking into account Government advice on this issue it is not considered that a refusal based on health grounds can be justified in this instance. The applicant has still to provide revised drawings showing the proposed pole sited further away from the boundary with The Avenue, but once these are received it is recommended that planning permission is granted with appropriate conditions. These conditions will ensure that the apparatus is coloured as suggested by the applicant, additional low level planting is carried out to help screen the cabinets, and the existing trees are protected from construction work.

RECOMMENDATION

Authorise the Head of Planning Services to PERMIT subject to the receipt of revised drawings showing the proposed telecommunications pole satisfactorily sited further from the boundary with The Avenue) and

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

Reason: As required by Section 91 of the Town and Country Planning Act 1990 and to avoid the accumulation of unimplemented planning permissions.

2 Notwithstanding the information shown on the application documents, no development shall commence until details of the colour of the telecommunications 'telegraph pole' have been submitted to and approved in writing by the Local Planning Authority. The pole shall not shall not be brought into use until it is coloured in accordance with this permission, and thereafter maintained.

Reason: In the interests of the character and appearance of this part of the Cotswold Area of Outstanding Natural Beauty and the World Heritage Site.

3 The telecommunications apparatus shall not be brought into use until the equipment cabinets shown on the approved drawings have been coloured green ref: RAL 6005.

Reason: In the interests of the character and appearance of this part of the Cotswold Area of Outstanding Natural Beauty and the World Heritage Site.

4 No development shall commence until written details of a digging method for the installation of the cable route shown on drawing no. 00206167-101 have been submitted to and approved in writing by the Local Planning Authority. Thereafter, the cable route shall be dug out only in accordance with the approved method.

Reason: To safeguard the roots of nearby trees.

5 No site works or clearance shall be commenced until protective fences which conform with British Standard 5837:1991 have been erected around any existing trees and other existing or proposed landscape areas in positions which have previously been approved in writing by the Local Planning Authority. Until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for arboricultural or landscape works.

Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.

6 Prior to the commencement of any form of site works or clearance the Local Planning Authority shall be given not less than two weeks notice in writing of these works to ensure that appropriate measures of landscape protection required under condition 5 have been implemented in accordance with the approved plans or conditions.

Reason: To ensure that adequate protection is given to the areas to be landscaped and the existing trees and planting to be retained within the site.

7 No development shall be commenced on site until a soft landscape scheme has been first submitted to and approved in writing by the Local Planning Authority showing details of all trees, hedgerows and other planting to be retained; finished ground levels; a planting specification to include numbers, density, size, species and positions of all new trees and shrubs; and a programme of implementation.

Reason: In the interests of the appearance of the development and the surrounding area.

8 All landscape works shall be carried out in accordance with the approved details, prior to the approved telecommunications equipment being brought into use or in accordance with a planting programme to be first agreed in writing by the Local Planning Authority. Any of the trees or plants indicated on the approved scheme which, within a period of five years from the date of being planted, die are removed or become seriously damaged or diseased shall be replaced during the next planting season with trees or plants of a species and size to be first approved in writing by the Local Planning Authority.

Reason: To ensure that the landscape scheme is implemented and maintained.

______________________________________________________________________

Item No:03

APPLICATION NO. 03/02459/FUL TYPE Full Application

EXPIRY DATE 27th Nov 2003

WARD Widcombe

Floodland

APPLICANT: G Gardner

PROPOSAL: Conversion to 3no. apartments, erection of single-storey rear extension and other associated works.

SITE LOCATION: 13 Lower Bristol Road Bath BA2 3BA

DESCRIPTION OF SITE AND APPLICATION

The application site comprises a detached three storey traditional building. It is all that remains of a terrace of properties formerly know as Angel Terrace which was demolished in association with a road improvement scheme undertaken some years ago. The property has been vacant for many years and was until the current owner began to renovate it, in a severe state of dereliction. Prior to this it was formerly occupied as a retail unit on the ground floor with residential accommodation above.

The property is situated on the Lower Bristol Road with the main Bristol to London rail line running on the viaduct to the rear. The property benefits from a small rear garden which adjoins an area of vacant land abutting the railway. There is a public footpath which runs immediately to the west of the building which gives access to the Wells Road.

Whilst there are other residential properties to the west of the site in Oak Street, beyond the Petrol Filling Station and to the south along the Wells Road, the area is on the fringe of one of the main employment areas of the City with commercial properties located along the River Avon to the north of the Lower Bristol Road. It is also adjacent to one of the major traffic circulatory systems in the City.

The site is not within the Conservation Area but is immediately adjacent to it. It is located in the World Heritage Site.

It is proposed to convert the empty building to 3 apartments. This would involve the erection of a single storey rear extension to measure 3.4 metres by 5.9 metres with a maximum height of 4 metres. The extension would provide a kitchen and bathroom for the ground floor apartment and would be constructed in Bath stone ashlar to match the main building with a slate roof partly glazed. New iron railings would be located to the rear of the property to provide a secure boundary with the vacant land adjacent to the railway.

CONSULTATIONS AND REPRESENTATIONS

BUILDING CONTROL: Two door protection will be required for the communal staircase or a sprinkler protection system provided.

ENVIRONMENTAL HEALTH OFFICER: Objection is raised to the proposals. The Acoustic Report submitted places the dwellings in noise exposure category C. Planning Policy Guidance Note 24 (PPG24) states that planning permission should not normally be granted. The site precludes the use of acoustic barriers or screening which would reduce external noise levels. The proposed noise mitigation measures require the building fabric to be sealed and a mechanical ventilation system to be provided. It is not considered that this provides a satisfactory residential environment. Even if mitigation measures were successful the report indicates that the criterion for maximum noise levels at night "may at times be exceeded" with consequent sleep disturbance likely.

The site suffers from poor air quality with nearby monitoring indicating exceedance of Government guidance likely for nitrogen dioxide and particulates. There are also likely to be problems from vibration from the road and railway which have not been considered in the acoustic report.

HIGHWAY DEVELOPMENT OFFICER: No objections

Bath Preservation Trust have commented that whilst the attempts of the applicant to convert the redundant and vandalized building into much needed habitable accommodation are to be applauded, clarification and details are required in relation to the treatment and materials that are to be used on the external elevations.

PLANNING ISSUES

RELEVANT HISTORY: Planning permission has been granted for the replacement of the existing shop front at ground floor level with a window to match those on the first and second floors. That permission does not prejudice the determination of the current application on its own Planning merits.

POLICY CONTEXT: Policy C1, C2, relates to the World Heritage Site and standards of design. Policy H15 relates to residential amenity. Policy T12 relates to car parking provision and highway development control.

At the meeting of the Council on 17 July 2003, the Bath and North East Somerset Local Plan, Revised Deposit Draft 2003 was approved for development control purposes. However, this plan, whilst published, has been subject to changes agreed at the meeting of the Council. Whilst the policies of this plan that are relevant to the consideration of this application currently carry limited weight until the local plan has gone further down the consultation and adoption process.

PRINCIPLE OF THE PROPOSED USE: It must be recognised that the application site is not the most suitable location for residential accommodation. The Council's Environmental Health Officer has raised firm objections in this regard.

However, it is your Officers' view that this is a special case where exceptional circumstances exist which suggest that planning permission could be granted in this case for reasons outlined below.

Whilst it would be reasonable to resist new-build residential development in this constrained location, the proposals relate to the conversion of an existing building which was formerly used for retail and residential purposes. The property has been vacant and derelict for many years and its appearance in this prominent location, where it is clearly visible from the adjoining Conservation Area and City Centre, has detracted from the appearance of the area.

The current owner has renovated the external elevations of this typical Bath building to a point where it now makes a positive contribution to the street scene and area in general.

The property could be re-occupied as a retail unit with residential accommodation above without requiring the grant of a further planning consent and the occupiers of the residential accommodation would (of course) be subject to the noise and air quality deficiencies highlighted above.

Notwithstanding this, it is considered that it is very unlikely that a retail unit would re-open in this location since the site is adjacent to the Petrol Filling Station which now has a modern fully stocked shop which benefits from on site parking. In addition, it is unlikely that the premises would be attractive to an office user, particularly having regard to the current availability of office accommodation within the City. In addition, there is no off street parking available and such a use could not be adequately serviced which could be detrimental to highway safety if delivery vehicles attempted to stop on this busy section of road.

In these circumstances, the refusal of planning permission could result in the premises being impossible to let, and this is a material consideration to be given substantial weight in the determination of this application.

The particularly constrained siting of the application building is considered to be a special case in that there are unlikely to be other properties in this area which are located so close to the railway and road. In these circumstances, the grant of a residential consent in this case would not result in an undesirable precedent which would allow a proliferation of residential uses in unsuitable locations. It should be recognised that there are many residential properties located along the Lower Bristol Road which already experience levels of noise and air quality similar to those present at the application site, although this location suffers from road traffic noise from both the front and the rear, as well as noise from the railway.

The grant of a residential consent for the conversion of the application property would allow the imposition of conditions requiring sound attenuation measures to be implemented, in terms of double glazing (and possibly mechanical ventilation). This would improve the situation in relation to the existing residential accommodation at the property. It would also afford the Local Planning Authority the opportunity to achieve the best level of amenity for prospective occupiers (although it must be accepted that even with the implementation of conditions, full compliance with the relevant legislation may not be possible in this case).

It would also bring an attractive building back into beneficial use after many years of dereliction. The building may otherwise lay empty, which would not be a sustainable approach. The provision of three small units of accommodation in close proximity to the City Centre would help go some way to meeting the Council's aim for sustainable balanced communities in that with no off street parking available the prospective occupiers could reasonably be expected to either use public transport or walk. The Council's Highway Development Officer has raised no objections in this regard.

The application site has been deemed to fall within noise exposure category C in PPG24 which states that planning permission for dwellings should not normally be granted. This is therefore not a site where this advice says that permission should never be granted. As such, whilst this is clearly not the most suitable site for residential accommodation, it is considered on balance to be a special case where the flexibility of Category C of PPG24 should be adopted.

RESIDENTIAL AMENITY: Whilst there would be no undue detrimental impact upon the amenities of adjoining occupiers as a result of the proposed development the amenities of the prospective occupiers of the apartment is clearly an issue. In this regard, it could be argued that the proposals could be contrary to Policy H15 of the Bath Local Plan.

Whilst the Local Planning Authority has no control over tenure, it is understood that the apartments, if permitted, would be made available on the free market. It would therefore be for the prospective purchasers to decide on the acceptability or otherwise of the location. It is considered that, with the imposition of carefully worded conditions, the existing environment at the property could be improved and a formerly empty building could be used to provide three small units of accommodation in the City centre.

The imposition of conditions would afford the Environmental Health Officer the opportunity to seek the best possible sound and ventilation measures and it would be for the applicant to demonstrate that this could be achieved at a later stage. As such, it is considered that on balance permission should be granted, having regard to the requirements of Policy H15. The details of the exact method of noise attenuation/possible mechanical ventilation can be controlled by Condition, to be considered in more detail at a later stage.

CHARACTER OF THE STREET SCENE: The proposals would result in the improvement of the appearance of this part of the Lower Bristol Road. The property is in a prominent location within the World Heritage Site, and is clearly visible from the adjoining Conservation Area.

Since the submitted plans do not indicate in detail the proposed finish of the rear extension, it is suggested that conditions be added to require the submission of these details before work on the extension commences.

CONCLUSION

Whilst it is clear that the application site is not in a location that would normally be appropriate for residential accommodation, it is considered that this is a special case whereby the grant of a residential consent would bring this formerly derelict property back into beneficial use. It would seem unlikely that other users would find the property acceptable.

RECOMMENDATION

PERMIT with the following conditions:

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

Reason: As required by Section 91 of the Town and Country Planning Act 1990 and to avoid the accumulation of unimplemented planning permissions.

2 No development shall commence until samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out only in accordance with the details so approved.

Reason: In the interests of the appearance of the development and the surrounding area.

3 No development shall take place until the details of the following have been submitted to and approved in writing by the Local Planning Authority:

A. Railings

B. Sections through windows/door to extension

All at the scale of 1:5.

Reason: To safeguard the appearance of the property.

4 The development shall be constructed so as to provide sound attenuation against external (road and railway) noise in order to secure the best practicable level of sound attenuation, having regard to the unique location of this building, and having had regard to the requirements of BS8233:1999. Details of the proposed measures shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of any part of the premises, and each individual apartment shall not be occupied unless the Local Planning Authority has specifically confirmed in writing that that apartment satisfies the requirements of this Condition.

Reason: To minimise the adverse effects of external noise and to ensure that the agreed sound attenuation measures are implemented

FOOTNOTE: This permission related to the plans received on 2 October 2003.

This decision has been made having particular regard to Policies C1, C2, H15 and T12, of the Bath Local Plan.

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Item No:04

APPLICATION NO. 03/02609/REG13 TYPE Regulation 13 Application

EXPIRY DATE 22nd Dec 2003

WARD Abbey

Listed Building Grade II

Conservation Area

APPLICANT: Bath & North East Somerset Council

PROPOSAL: General refurbishment to include structural tie to front elevation; new electrical installation; kitchen and staff W.C. facilities to top floor

SITE LOCATION: 1 Saville Row Bath BA1 2QP

DESCRIPTION OF SITE AND APPLICATION

1 Saville Row is located on the corner position of Saville Row at its junction with Alfred Street opposite the Assembly Rooms.

Built of natural ashlar Bath stone on three storeys incorporating traditional sash windows and dating from the late 18th century early 19th century the building is listed grade II in recognition of its special architectural and historic interest. The proposal involves the reinstatement of the original plan to the staircase as it reaches first floor level through the removal of the additional door, steps and partition to the first floor room, immediately adjacent to the stair.

At second floor the proposal is to remove the modern partition door and sink from room labelled SF3 together with the replacement of the modern tiled fireplace with a traditional fireplace to match the first floor example.

Proposals at third floor level involve the rearrangement of WC facilities and the introduction of a sink in response to the facility being removed from the first and second floor levels.

CONSULTATIONS AND REPRESENTATIONS

No adverse comments have been received.

PLANNING ISSUES

The proposals in respect of the removal of steps and modern partitions at first and second floor levels represent an enhancement of the building as they result in a move towards reinstating the original plan form of the building. This will in turn result in the reordering of facilities at third floor level whilst retaining the original plan layout.

It is necessary to tie the front facade to the side walls of the building and this will be undertaken utilising internal strapping, located within the wall, thereby providing additional strength.

CONCLUSION

The works to be undertaken results in the upper floors being used as offices, which continues the established use and results in the original plan form being improved and enhanced.

RECOMMENDATION

That the application be submitted to the Secretary of State for the Environment, Transport and the Regions for determination confirming that the proposed works have the support of the Council's Development Control Sub-Committee subject to appropriate conditions.

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