BATH AND NORTH EAST SOMERSET COUNCIL
DEVELOPMENT CONTROL COMMITTEE
Wednesday 13th June 2007
PRESENT -: Councillors: Sarah Bevan, John Bull, Paul Crossley, Gerry Curran, Eleanor Jackson, Les Kew, Malcolm Lees, Richard Maybury, Carole Paradise (Substitute for Colin Darracott), Brian Webber, John Whittock and Steve Willcox
Also in attendance: Councillors Ian Gilchrist, Shaun McGall, Dine Romero, Will Sandry and Brook Whelan
1 APPOINTMENT OF CHAIRMAN (CONSERVATIVE GROUP)
RESOLVED that Councillor Les Kew be elected to act as Chairman of the Committee.
2 EMERGENCY EVACUATION PROCEDURE
The Committee Administrator drew attention to the emergency evacuation procedure as set out on the Agenda.
3 ELECTION OF VICE-CHAIRMAN (IF DESIRED)
RESOLVED that Councillor Steve Willcox be elected to act as Vice Chairman for this meeting.
4 DECLARATIONS OF INTEREST UNDER THE LOCAL GOVERNMENT ACT 1972
The Chairman declared a personal and prejudicial interest in the planning application at Agricultural Building, Harts Lane, Hallatrow (Item 18, Report 16), as the application ste is adjacent to his property and he knows the applicant, and would therefore vacate the Chair and leave the room for consideration of that Item.
Councillor Gerry Curran declared a personal and prejudicial interest in the application at the Guildhall, High Street, Bath (Item 30, Report 18), as the former Executive Member for Sustainability, and would therefore leave the room for its consideration.
Councillor Paul Crossley declared a personal but non-prejudicial interest in the application at Oldfield Park Methodist Church Hall, West Avenue, Oldfield Park, Bath (Item 5, Report 16), as he was associated with the Southdown Methodist Group. He later decided that he would not take part in the consideration of the applicatyion as he also knew the person making representations. Councillor Crossley later stated in respect of the planning application at Land rear of 78 Mount Road, Southdown (Item 24) that, as he had campaigned against the application, he would not take part in the consideration or determination of this application.
5 TO ANNOUNCE ANY URGENT BUSINESS AGREED BY THE CHAIRMAN
There were no items of urgent business.
However, it was announced that the Enforcement Report 17(i) on Former Fullers Earth Works had been withdrawn as had the planning application at Orchard Cottage, Warminster Road, Bath (Item 25, Report 16), and therefore they would not be considered at this meeting.
6 ITEMS FROM THE PUBLIC - TO RECEIVE DEPUTATIONS, STATEMENTS, PETITIONS OR QUESTIONS
There were none.
7 ITEMS FROM COUNCILLORS AND CO-OPTED MEMBERS
There were none.
8 DEVELOPMENT CONTROL COMMITTEE `A' SITE DECISIONS LIST 18TH APRIL 2007
RESOLVED to note the report.
9 DEVELOPMENT CONTROL COMMITTEE `A' DECISIONS LIST 18TH APRIL 2007
RESOLVED to note the report.
10 DEVELOPMENT CONTROL COMMITTEE `B' SITE DECISIONS LIST 4TH APRIL 2007
RESOLVED to note the report.
11 DEVELOPMENT CONTROL COMMITTEE `B' DECISIONS LIST 4TH APRIL 2007
RESOLVED to note the report.
12 LIST OF APPLICATIONS DETERMINED UNDER DELEGATED AUTHORITY 1 APRIL 2007-30 MAY 2007 (AREA A)
RESOLVED to note the report.
13 LIST OF APPLICATIONS DETERMINED UNDER DELEGATED AUTHORITY 1 APRIL 2007-30 MAY 2007 (AREA B)
Councillor Steve Willcox drew the Committee's attention to an error on the application at Collier House, Cuckoo Lane, which was in Clutton Ward and not High Littleton as printed (page 33). He stated that although Clutton Parish Council was not consulted, it would not have altered the end result on this occasion.
RESOLVED to note the report.
14 APPLICATIONS FOR PLANNING PERMISSION WHERE A SITE VISIT HAS TAKEN PLACE (Report 15)
The Committee considered
> The report of the Assistant Director, Planning and Transport Development, on planning applications where site inspections had been held, namely (1) Oak House, Wells Road, Hallatrow, and (2) 9 Kelston Road, Keynsham
> An Update Report by the Assistant Director on Oak House, Hallatrow, a copy of which Report (circulated shortly before the meeting) is included with these Minutes as Appendix 1
> Oral statements by various members of the public etc on both these Items, a copy of the list of such speakers being appended to these Minutes as Appendix 2
RESOLVED that, in accordance with their delegated powers, the planning applications be determined as set out in the Decisions List attached as Appendix 3.
NOTES: Decisions were made by the Committee as per the Officer's recommendations set out in the Report with the Agenda, and were carried unanimously or without dissension unless stated otherwise. Where the Officer's recommendations were overturned, or there were amendments (whether lost or carried), or there were decisions on matters other than on planning applications, these are listed below.
Item No. 2 9 Kelston Road, Keynsham - It was moved by Councillor Gerry Curran and seconded by Councillor Steve Willcox to approve the Officer recommendation as set out in the report, namely, Authorise the Assistant Director, Planning and Transport Development, to Permit subject to conditions. Voting: 10 in favour and 1 against. Motion carried.
15 APPLICATIONS FOR PLANNING PERMISSION (Report 16)
The Committee considered
> The Report of the Assistant Director, Planning and Transport Development, on numerous planning applications
> An Update Report by the Assistant Director on Item Nos. 6, 7, 13, 14 and 31, a copy of which Report (circulated shortly before the meeting) is attached as Appendix 1
> Oral statements by various members of the public etc on Item Nos. 4-8, 12-17, 20-22, 24, 26, 28 and 31, the list of such speakers is attached as Appendix 2
RESOLVED that, in accordance with their delegated powers, the planning applications be determined as set out in the Decisions List attached as Appendix 4.
NOTES: (1) Decisions were made by the Committee as per the Officer's recommendations set out in the Report with the Agenda, and were carried unanimously or without dissension unless stated otherwise. Where the Officer's recommendations were overturned, or there were amendments (whether lost or carried), or there were decisions on matters other than on planning applications, these are listed below; (2) There was an adjournment at 5.15pm for 30 minutes for refreshments; (3) When resuming, the Committee brought forward for consideration the application on 43 Upper Oldfield Park, Bath (Item 31), to allow the large number of people attending to depart as soon as possible; and (4) Councillor Steve Willcox chaired the meeting for consideration of Item 18 Agricultural Building, Harts Lane, High Littleton.
Item No. 1 American Museum in Britain, Claverton Manor, Claverton - The Committee approved the Officer recommendation set out in the Report, namely, Authorise the Assistant Director to Permit subject to conditions, but, in addition, to the application being referred to the Secretary of State.
Item No. 6 Land behind 94/96 Temple Street, Keynsham - The Committee decided to approve the Officer recommendation amended at the meeting to Authorise the Assistant Director to Permit subject to resolution of the contamination assessment, and to the conditions in the Report, including an additional condition relating to retention of the wall on the north side of the site.
Item No. 7 9A St Matthews Place, Pulteney Road, Widcombe - It was moved by Councillor Gerry Curran and seconded by Councillor Carole Paradise to approve the Officer recommendation to Permit with conditions. Voting: 11 in favour and 1 against. Motion carried. (Note: Also in relation to this site, the Committee approved the Officer recommendation to grant Conservation Area Consent with conditions - Item 8).
Item Nos. 9/10 Sycamore House, Church Street, Bathford - The Committee approved the Officer's amended recommendations at the meeting to grant permission/consent with appropriate conditions. Reason: It was considered that there would be no undue harm to residential amenity or highway safety.
Item No. 11 Mount Pleasant Quarry, Monkton Combe - The Committee approved the Officer's recommendation to Authorise the Assistant Director to Permit with conditions subject to any further appropriate conditions by the Officers.
Item No. 13 4 Saville Row, Lansdown - It was moved by Councillor Gerry Curran and seconded by Councillor Brian Webber not to approve the Officer recommendation to Refuse permission but to Authorise the Assistant Director to Permit with appropriate conditions. Reason: It was considered that there would be no undue harm to residential amenity. Voting: 11 in favour and 1 against. Motion carried.
Item No. 14 Parcel 5900, Priestdown Lane, Publow - It was moved by Councillor Steve Willcox and seconded by Councillor Gerry Curran to approve the Officer recommendation to Refuse. Voting: 9 in favour and 1 against with 2 abstentions. Motion carried.
Item No. 15 Freshford and District Tennis Club, Abbey Lane, Hinton Charterhouse - It was moved by Councillor Steve Willcox and seconded by Councillor Gerry Curran to approve the Officer recommendation to Permit with conditions, subject to (1) the inclusion of the standard Time Limit condition, (2) the floodlighting as referred to in condition 1 being undertaken in accordance with the approved details and to be agreed by the Local Planning Authority, (3) the floodlighting as referred to in condition 2 not being used after 8.30pm, and (4) maintenance of the landscaping scheme referred to in condition 3 being negotiated with the applicant. Voting: 9 in favour and 1 against with 2 abstentions. Motion carried.
Item No. 16 93 Charlton Road, Keynsham - It was moved by Councillor Gerry Curran and seconded by Councillor Steve Willcox to approve the Officer recommendation to Refuse. Voting: 11 in favour and 1 against. Motion carried.
Item No. 17 Rainbows End, Widcombe Hill, Widcombe - The Committee decided to Defer consideration to enable the Officers to investigate the lawfulness of the existing structure.
Item 18 Agricultural Building, Harts Lane, High Littleton - This Item was chaired by Councillor Steve Willcox. The Committee decided to Refuse permission as recommended in the Report.
However, the Officers were advised after the Committee meeting that the application had in fact been formally withdrawn by the applicant. A subsequent check of the records confirmed that a formal written request to withdraw the application had indeed been received prior to the Committee meeting and consequently the Committee were not therefore in a position to determine this application.
Item 20 Bathford Gardens, Box Road, Bathford - It was moved by Councillor Paul Crossley and seconded by Councillor Gerry Curran to approve the Officer recommendation to Refuse. Voting: 10 in favour and 1 against with 1 abstention. Motion carried.
Item No. 21 139 Wells Road, Lyncombe - The Committee approved the Officer recommendation to Permit with conditions but subject to the addition of an Advice Note regarding care being taken relating to possible land slippage on the boundary with the adjoining property.
Item No. 22 1 Fairfield Avenue, Fairfield Park - The Committee approved the revised Officer recommendation at the meeting to Permit with appropriate conditions. Reason: It was considered that there would be no harm to the character and appearance of this part of the World Heritage Site or to residential amenity.
Item No. 26 19 The Oval, Southdown - It was moved by Councillor Paul Crossley and seconded by Councillor Carole Paradise not to approve the Officer recommendation to Refuse but to Permit with appropriate conditions. Reason: It was considered that the proposal would not be detrimental to highway safety or the appearance of the street. Voting: 7 in favour and 2 against with 3 abstentions. Motion carried.
Item No. 31 43 Upper Oldfield Park, Oldfield Park - The Case Officer reported on the proposal. He referred to the Update Report where the recommendation had been amended to Authorise the Assistant Director to Permit subject to a Section 106 Agreement to secure a financial contribution towards public transport provision in the area and to the receipt of no new material planning objections, and to an additional condition to those listed in the Report. The applicant's Architect provided a model of the proposed development to assist the Members' consideration. The Ward Councillors for Oldfield and Widcombe Wards attended and spoke on the proposal.
It was moved by Councillor Gerry Curran to Refuse permission on the grounds that the proposed development, by reason of its inappropriate design incorporating a predominance of flat roofs, would be incongruous in this prominent location and out of character within its context. This would be harmful to the character and appearance of this part of the Conservation Area and World Heritage Site. This would be contrary to Policies C1, C2, C3, C4 and H13 of the Bath Local Plan and BH1, BH6, D2 and D4 of the Bath and North East Somerset (including Waste and Minerals Policies) Local Plan as proposed to be modified. This motion was seconded by Councillor Paul Crossley. After debate, the motion went to the vote: 10 in favour and 0 against with 2 abstentions. Motion carried.
16 ENFORCEMENT REPORTS (Report 17)
(I) LAND AT FORMER FULLERS EARTH WORKS, ODD DOWN
The Development Manager reported that the report had been withdrawn as the owner had committed to undertake negotiations with the Council in respect of the use and developments on this site. This was in accordance with Government advice which advised that enforcement action should only be taken as a last resort. A timetable for negotiations was to be agreed and, if agreement could not be reached within that timescale, a further report would be submitted to Committee.
The Committee noted the current situation and requested Officers to provide update reports on a monthly basis.
(II) LAND AT CASTLE FARM, MIDFORD ROAD, MIDFORD
The Committee considered
> the report of the Assistant Director, Planning and Transport Development, on progress of an enforcement investigation into 2 unauthorised polytunnels erected on the above land
> oral statements by the Chairman of Southstoke Parish Council and the owner of the land, speaking in favour and against enforcement action respectively
> comments by the Enforcement Officer as to why negotiations with the owner had reached an impasse.
Members asked questions to which the Enforcement Officer responded as appropriate. The Development Manager advised that the way forward would be to arrange a meeting with the owner to progress the matter as the development was agricultural permitted development. The point of contention was the proposed landscaping and Officers were not seeking Committee authority as enforcement action could be undertaken under the Council's Delegation Scheme.
RESOLVED that the Officers meet with the owner to discuss the way forward taking into account the schemes submitted, and then report to the Committee at its next meeting as to how this matter could be resolved.
(III) 1 WIDCOMBE TERRACE, WIDCOMBE
The Committee considered
> the report of the Assistant Director, Planning and Transport Development, which sought delegated authority to take enforcement action in respect of the unauthorised replacement of natural slate tiles with artificial tiles and the unauthorised installation of inverted plastic guttering in place of stone hip ridge tiles at the above listed building
> an oral statement by the owner in support of enforcement action
RESOLVED that delegated authority be granted to the Assistant Director, Planning and Transport Development, in consultation with the Planning and Environmental Law Manager, to exercise the powers and duties of the Authority (as applicable) under Parts VII and VIII of the Town and Country Planning Act 1990 and Chapter IV of the Planning (Listed Buildings and Conservation Areas) Act 1990 (including any amendments to or re-enactments of those Acts or Regulations or Orders made under those Acts) in respect of the above property.
(IV) 25 NUNNEY CLOSE, KEYNSHAM
The Committee considered the report of the Assistant Director, Planning and Transport Development, which sought delegated authority to take enforcement action in respect of the unauthorised erection of a shed at the front of the above property.
RESOLVED that delegated authority be granted to the Assistant Director, Planning and Transport Development, in consultation with the Planning and Environmental Law Manager, to exercise the powers and duties of the Authority (as applicable) under Parts VII and VIII of the Town and Country Planning Act 1990 (including any amendments to or re-enactments of the Act or Regulations or Orders made under those Acts) in respect of the above property.
(V) EDGAR HOTEL, 64 GREAT PULTENEY STREET, BATH
The Committee considered the report of the Assistant Director, Planning and Transport Development, which sought delegated authority to take enforcement action in respect of the unauthorised erection of a 93shell94 canopy above the front door of the above listed building.
RESOLVED that delegated authority be granted to the Assistant Director, Planning and Transport Development, in consultation with Planning and Environmental Law Manager, to exercise the powers and duties of the Authority (as applicable) under Parts VII and VIII of the Town and Country Planning Act 1990 and Chapter IV of the Planning (Listed Buildings and Conservation Areas) Act 1990 (including any amendments to or re-enactments of those Acts or Regulations or Orders made under those Acts) in respect of the above property.
General Note:
The specific delegated authority referred to at (iii) - (v) above will, in addition to being the subject of subsequent report back to Members in the event of enforcement action being taken, not being taken or subsequently proving unnecessary as appropriate, be subject to:
(a) all action being taken on behalf of the Council and in the Council's name;
(b) all action being subject to statutory requirements and any aspects of the Council's strategy and programme;
(c) consultation with the appropriate professional or technical officer of the Council in respect of matters not within the competence of the Assistant Director, Planning and Transport Development; and
(d) maintenance of a proper record of action taken.
17 NEW PLANNING APPEALS, DECISIONS RECEIVED AND DATES OF FORTHCOMING HEARINGS/INQUIRIES
RESOLVED to note the report.
The meeting ended at 9.45pm
Chair(person)
Date Confirmed and Signed
Prepared by Democratic Services