Minutes

of the Meeting of the

Planning & Regulatory Committee

Wednesday, 26th September 2012

held at the Town Hall, Weston-super-Mare, Somerset.

 

Meeting Commenced:  4pm            Meeting Concluded: 5.30pm

 

Councillors:

 

A  Ian Porter (Chairman)

P  Bob Cook (Vice-Chairman)

 

A  Bob Bateman 

A  Peter Bryant 

P   Charles Cave (substitute for Alan McMurray)

A  Andy Cole 

P   Donald Davies (substitute for Bob Bateman)

 P Hugh Gregor (substitute for David Shopland) 

P  Jill Iles

P   Tom Leimdorfer (substitute for Andy Cole)

P  David Jolley 

A  Alan McMurray 

A  David Pasley 

P  Robert Payne 

P  Marcia Pepperall 

A  Terry Porter 

A  David Shopland 

P Arthur Terry (substitute for David Pasley )

P  Clive Webb 

 

 

 

P: Present

A: Apologies for absence submitted

 

Also in attendance: Geoff Coombs, Reyna Knight, Deborah Yamanaka

 

Officers in attendance: Charlotte Brace (Adult Social Services and Housing), Caz Horton (Development & Environment), Mark Hughes (Adult Social Services and Housing), Sioux Isherwood (Development & Environment), Richard Kent (Development & Environment), Fiona Robertson (for Head of Legal and Democratic Services), Heather Sanders (Corporate Services), Steven Sims (Development & Environment), Neil Underhay (Development & Environment)

 

PAR

15

Public speaking at planning committees (Standing Order 17A)

Planning Application No. 12/P/0877/F (Agenda Item 6.1)

 

Simon Chandler addressed the Committee speaking in opposition to an application for planning permission at 1 Station Road, Pill.

 

The applicant’s agent Georgina Tibbs then spoke in support of the proposal.

PAR

16

Public speaking at planning committees (Standing Order 17A)

Planning Application No. 12/P/1013/F (Agenda Item 6.2)

 

Applicant Tim Barnett addressed the Committee speaking in support of an application for planning permission at Butcombe Lane, Butcombe.

 

PAR

17

Declaration of disclosable pecuniary interests (Agenda Item 3)

 

None.

 

PAR

18

Minutes of the Meeting held on 25 July 2012 (Agenda Item 4.1)

 

Councillor Payne pointed out that the minutes contained two minutes numbered as PAR 8.

 

The Committee also noted that the disclosable pecuniary interests declared at the previous meeting related to Agenda Item 6.2, and not as recorded in the minutes.

 

            Resolved: that subject to the amendments detailed above the minutes of the meeting be approved as a correct record.

 

PAR

19

Public Rights of Way Sub-Committee 10 July 2012 (Agenda Item 4.2)

 

The Committee received the minutes of the above meeting.

 

PAR

20

Local Access Forum 24 July 2012 (Agenda Item 4.3)

 

The Committee received the minutes of the above meeting.

 

PAR

21

Planning Application No. 12/P/0877/F - Demolition of existing dwelling and erection of 14 residential dwellings, car parking, landscaping and associated infrastructure at 1 Station Road, Pill (Agenda Item 6.1)

 

The Director of Development & Environment reported on an application for planning permission.  The Committee also received a reference from the North Area Committee meeting of 13 September 2012 (Minute No. NAC 50 refers).

 

The representative of the Development & Environment updated the Committee as detailed in the update sheet, a copy of which is filed on the Minute Book.

 

At the invitation of the Chairman Councillor Mrs Knight addressed the Committee.

 

In discussing the proposal the Committee did not agree with the recommendation of the North Area Committee, considering instead that the proposal would help to address the well established demand for affordable accommodation to the area.

 

Resolved: that subject to a Section 106 Agreement securing the following: (i) restrict the dwellings to be ‘Affordable Houses’ which shall be retained as such in perpetuity as ‘Affordable Houses’ and where a shared ownership unit is purchase by the tenant the Registered Provider to apply the value of the original grant element towards other affordable housing schemes in North Somerset.  The Agreement will also require the properties to be made available to existing residents of Easton-in-Gordano/Pill who have been identified with housing need. This priority would apply each and every time properties become vacant.  Only if and when properties remain vacant because there were no local housing need for accommodation would they then be available for those in adjoining Parishes identified with housing need; (ii) restrict the dwellings to ‘Affordable Housing’ properties with Plots 7-14 inclusive being restricted to persons aged 55 and over; and (iii) financial contributions in respect of enhancement to public open space and leisure facilities, the application be approved subject to the following conditions:

 


1.

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

2.

The development hereby permitted shall be carried out in complete accordance with the approved drawings listed below, unless amended plans and specifications are first submitted to and approved, in writing, by the Local Planning Authority:

1         

Drawing Number

Title

Scale

PL-01 Rev A

Location Plan

1:1250

PL-02 Rev B

Site Plan – As existing

1:200

PL-03 Rev J

Planning Layout

1:200

SE-01 Rev D

Site Section

1:200

SE-02 Rev D

Site Section

1:200

SS-01 Rev D

Street Scene

1:200

ACV5686 - 600

Topographical Survey

1:200

PER-01 Rev B

Perspective

No to Scale

STORE-01

Bin & Cycle Store

1:50

STORE-02

Bin & Cycle Store

1:50

9032-0003 Rev C

Proposed Road Layout (with the exception of the splayed section of the  of the widened footway – see condition 11)

1:200

HT-01.1 Rev C

Type A

 

HT-Apart 01.2 Rev G

1st Floor Plan - 2 bed apartments

1:100

HT-Apart 01.3Rev H

2nd Floor Plan - 2 bed apartments

1:100

HT-Apart01.4 Rev H

Elevation - 2 bed apartments

1:100

HT- Apart01.5 Rev G

Elevation - 2 bed apartments

1:100

HT-02.03 Rev B

Type E

1:100

 

HT-Apart-01.1 Rev G

Ground Floor Plan - 2 bed apartments

1:100

 

HT-02.1 Rev E

Type C

1:100

 

HT- 02.02 Rev E

Type D

1:100

 

 

 

1:100

3.

No development shall commence until full specifications of a hard and soft landscaping scheme for the site has been submitted to and approved in writing by the Local Planning Authority.  This shall include, by reference to an up to date site survey, details of all landscaping to be removed, retained as well as new planting and provided details of the stock, species spacing and numbers of all new planting.

4.

All works comprised in the approved details of landscaping shall be carried out during the months of October to March inclusive following occupation of any building on site or on completion of the development, whichever is the sooner. Any tree work shall be carried out in accordance with British Standard 3998 (Recommendations for tree work).

5.

For the duration of the development works existing any trees/shrubs/hedgerows to be retained shall be protected by a suitable barrier erected and maintained at a distance from the trunk or hedge, as specified, in writing, by the Local Planning Authority. The Authority shall be informed at least seven days before works start on site so that barrier positions can be established. Within this protected area there shall be no excavation, tipping or stacking, nor compaction of the ground by any other means.

6.

Trees, hedges and plants shown in the landscaping scheme to be retained or planted which, during the development works or a period of ten years following full implementation of the landscaping scheme, are removed without prior written consent from the Local Planning Authority or die, become seriously diseased or are damaged, shall be replaced in the first available planting season with others of such species and size as the Authority may specify.

7.

The dwellings hereby approved shall not be occupied until measures to generate 15% of the on-going energy requirements of the use (unless a different standard is agreed) through micro renewable or low-carbon technologies have been installed and are fully operational in accordance with the approved details that have been first submitted to and approved in writing by the Local Planning Authority. Thereafter, the approved technologies shall be permanently retained unless otherwise first agreed in writing by the local planning authority.

8.

All dwellings hereby granted shall be constructed to comply with the requirements of Code Level 3 of the Code for Sustainable Homes.  If however, the construction of any dwellings commences during or after 2013, those dwellings shall be constructed to Code Level 4 and any dwellings constructed during or after 2016, those dwellings shall be constructed to Code Level 6, unless otherwise first agreed in writing by the Local Planning Authority.  Prior to the commencement of any dwelling, a copy of a Final Code Certificate issued by the Building Research Establishment or any other organisation authorised to issue such certificates shall be submitted to the Local Planning Authority to ensure dwellings comply with the appropriate code.

9.

At least 50% of the dwellings hereby granted shall be constructed to comply with the requirements of the Lifetime Homes if built before or during 2013.  Any dwellings commenced after 2013 will be required to comply with the requirements of the Lifetime Homes, unless other wise agreed in writing by the Local Planning Authority.

10.

No dwellings shall be occupied until the vehicles access; turning area and car parking spaces have all been constructed in accordance with the approved drawings and are available for use.  Once provided the car parking spaces shall be retained for car parking at all times.

11.

No dwellings shall be occupied until the highway work comprising the widening of the footway and ‘Zig-Zag’ road markings on Station Road have been completed in accordance with the approved details.  The ‘splayed’ section of the widened footpath adjacent to the west boundary of the site will however need to be redesigned with a more gradual (gentle) angle and a revised drawing will need to be submitted to and approved by the Local Planning Authority before the development is commenced.  The works shall be carried out in full accordance with the approved details.

12.

Each dwelling shall be provided with a bird box and a bat box (or a bat brick and bird brick incorporated within the built design) prior to the completion of the construction of the building. 

13.

No development shall commence until details of a scheme designed to avoid killing or injuring slow-worms together with a timetable for its implementation has been submitted to and approved in writing by the local planning authority.  The scheme shall be carried out in accordance with the approved details or any amendment to the scheme as approved in writing by the local planning authority.

14.

The existing dwelling shall not be demolished until details of ‘soft stripping’ (cross refer to Informative Note 5 for guidance) have been submitted to and approved in writing by the Local Planning Authority.  The demolition shall be carried out in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority.

15.

No development shall be commenced until the ‘Badger Sett Protection Area’ within the rear garden of the dwelling at Plot 1 as shown in Drawing Number PL-03 Rev H has been enclosed with protective fencing, for which details shall be submitted to and approved in writing by the Local Planning Authority.  Once erected the protective fencing shall be retained and maintained at all times unless otherwise agreed in writing by the Local Planning Authority.  Within this area, there shall be no buildings or structures, or storage of building materials, equipment or other materials.

16.

The finished floor levels and finished ridge heights of the buildings hereby granted shall accord with the approved drawings and shall not exceed the finished height as shown in relation to adjoining dwellings and fixed datum points.

17.

No work shall be commenced on each building until samples of the exterior building materials for that building and surfacing materials to be used in the whole development hereby granted have been submitted to and approved, in writing, by the Local Planning Authority. The developments shall be carried out in the approved materials unless otherwise agreed in writing.

18.

The dwellings hereby granted shall not be occupied until the cycle and refuse storage buildings have been erected and are available for use.  Once provided, the cycle and refuse storage buildings shall be retained for their said purpose at all times.

19.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, or any Order amending or revoking and re-enacting that Order, apart from the alterations to form the revised vehicle access into the site, the front stone boundary wall facing Station Road shall be otherwise retained.

20.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, or any Order amending or revoking and re-enacting that Order, no first floor windows shall be inserted into the side (west) elevation of the dwelling at Plot 6 without the consent of the Local Planning Authority.

21.

No development shall be commenced until details of a Surface Water Drainage scheme to serve the development including a timetable for its implementation has been submitted to and approved in writing by the Local Planning Authority.  The scheme shall be implemented in accordance with the approved details unless otherwise authorised in writing by the Local Planning Authority.

22.

No development shall be commenced until details of a Traffic and Parking Construction Management Plan have been submitted to and approved in writing by the Local Planning Authority.  This shall include HGV delivery (and return journey) times and proposals for contractor parking.  The development shall be carried out in accordance with the agreed details at all times, unless otherwise authorised in writing by the Local Planning Authority.

 

Advice Notes: -

1.

This permission must be read in conjunction with the Section 106 Legal Agreement.

2.

All species of bats and their roosts are legally protected.  If bats are encountered all demolition or construction work should cease and the Bat Conservation Trust (Tel 0845 1300 228) should be consulted for advice.

3.

All species of wild birds, their eggs, nests and chicks are legally protected until the young have fledged.  No site clearance or tree or hedge removal shall be carried out on site between 1 March and 30 September inclusive in any year, unless a check has been carried out beforehand by a qualified ecologist as agreed with the local planning authority.

4.

The developer may need to apply for a licence from Natural England to carry out any works that affect the Badger Sett and they are advised to contact Natural England on this matter.

5.

“Soft stripping” referred to in condition 9 means that during demolition, areas of a building with relatively high bat potential are dismantled by hand under the supervision by a licensed bat worker or accredited ecologist.  For example ridges and roof tiles should be lifted off vertically rather than slid off, and linings within the roof and any wooden cladding, soffits or similar which provide crevices should also be removed with care.  All demolition of buildings should be carried out between April to October inclusive to avoid disturbing hibernating bats.

6.

Alterations to the highway will require the Council’s approval and it is suggested that the developer contact the Council’s Highways Officers to discuss the process for this.

 

PAR

22

Planning Application No. 12/P/1013/F - Increase in ridge height to facilitate loft conversion at Tawny House, Butcombe Lane, Butcombe (Agenda item 6.2)

 

The Director of Development & Environment reported on an application for planning permission.  The Committee also received a reference from the Central Area Committee meeting of 13 September 2012 (Minute No. CAC 37 refers).

 

The representative of the Development & Environment updated the Committee as detailed in the update sheet, a copy of which is filed on the Minute Book.

 

At the invitation of the Chairman Councillor Mrs Yamanaka, local Ward Member addressed the Committee.

 

In discussing the proposal the Committee agreed with the recommendation of the Central Area Committee, in that the development was not a disproportionate addition over and above the size of the original dwelling. As such it would not therefore have a significantly greater effect on the character and appearance of the countryside and would not harm the openness of the Green Belt.

 

Resolved: that the application be approved subject to the following conditions:

 

1.

The development hereby permitted shall be begun before the expiry of three years from the date of this permission.

2.

The external walling and roofing materials to be used in the building works hereby permitted shall match those in the existing building and the existing roof tiles shall be reused. If any other material is proposed no development shall take place until such has been approved, in writing, by the Local Planning Authority.

3.

The proposed new roof shall be built to the height shown on the approved plans and shall be as shown in relation to the adjacent unaltered roof ridge.

4.

The development hereby permitted shall be carried out in accordance with the following approved plans: Dwg no. AL0413/A, AL0413/A (Planning) and AL0413/B (Planning) received 11 June.

 

PAR

23

Congresbury Alcohol Consumption in Designated Public Places Orders (Agenda item 6.3)

 

The Director of Development & Environment reported on two areas that had been identified within the village of Congresbury where it was felt that designated place orders would be appropriate.  The report set out the responses received following the conclusion of the statutory procedures.

 

Having considered the details the Committee was satisfied that noise, nuisance or public disturbance which had occurred at King George V Playing Fields and Millennium Green, Congresbury had been caused as a result of alcohol consumption and it was therefore,

 

Recommended to the Council: that Alcohol Consumption in Designated Public Places Orders be made in respect of King George V Playing Fields, Congresbury and Millennium Green, Congresbury, as shown on the plans annexed to the report.

                                                                                    ________________________________

                                                                                                                       

Chairman

 

                                                                                    ________________________________