Minutes

of the Meeting of the

Planning and Regulatory Committee

Wednesday, 5th December 2012

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

 

Meeting Commenced:  4.00 pm     Meeting Concluded:   6.30 pm

 

Councillors:

 

P  Ian Porter (Chairman)

P  Bob Cook (Vice-Chairman)

 

A  Bob Bateman 

P  Peter Bryant 

P  Andy Cole 

P  Catherine Gibbons (substitute for Bob Bateman)

P  Jill Iles 

P  David Jolly 

P  Tom Leimdorfer (substitute for David Shopland)

P  Alan McMurray 

P  David Pasley 

P  Robert Payne 

P  Marcia Pepperall 

P  Terry Porter 

A  David Shopland 

P  Clive Webb 

 

 

P: Present

A: Apologies for absence submitted

 

Also in attendance: Councillors Jan Barber, Robert Cleland, Geoff Coombs, Bob Garner, Tony Lake

 

Officers in attendance: Sue Efford (Corporate Services Directorate), Richard Kent (Development and Environment Directorate), Graham Quick (Development and Environment Directorate), Fiona Robertson (for Head of Legal and Democratic Services), Roger Willmot (Development and Environment Directorate)

 

PAR

29

Public Participation (Standing Order 17)

Redcliffe Bay PSD, Portishead (Agenda item 6.2)

 

Rodney Wheeler, a local resident, addressed the Committee speaking against the application for hazardous substance consent at Redcliffe Bay PSD, Down Road, Portishead.  He suggested the Oil and Pipeline Agency (OPA) had failed to meet a number of statutory requirements and urged the Committee not to approve the application.

 

Marilyn Koops, a local resident, addressed the Committee speaking against the application.  She raised a number of concerns in relation to public safety and suggested an up to date safety report should be produced before any decision was taken.

 

Mike Genge from the OPA addressed the Committee in support of the application.  He responded to the health and safety concerns that had been raised and pointed out that all OPA sites had operated without incident for many years.

PAR

30

Public Participation (Standing Order 17)

National Grid Proposals (Agenda Item 6.3)

 

Dr Hugh Pratt, a local resident, addressed the Committee on the National Grid proposals, referring to the significant impact the proposed 400kv overhead power lines would have on the environment and local residents for many years to come.  He suggested there were new technologies available such as gas insulated lines (GIL) which would provide alternative solutions to overhead lines and urged the Committee to request National Grid to further explore these alternatives.

 

PAR

31

Public Participation (Standing Order 17A)

Planning Application No. 12/P/0906/F (Agenda item 6.1)

 

Amanda Sutherland addressed the Committee on behalf of the two local businesses adjoining the site, speaking against the application for planning permission at the former Quadron Services Depot land to the north of Mendip Road, Weston-super-Mare.

 

John Brindley, the applicant’s agent, then spoke in support of the proposal.

 

PAR

32

Declarations of Pecuniary Interest (Agenda item 3)

 

Councillor Jill Iles declared a disclosable pecuniary interest in the National Grid proposals (agenda item 6.3) as a landowner within the preferred route corridor.  She indicated she would leave the meeting before this item was considered.

 

PAR

33

Minutes of the Committee Meeting held on 31 October 2012 (Agenda item 4.1)

 

            Resolved: that the minutes of the meeting be approved as a correct record.

 

PAR

34

Minutes of the Local Access Forum held on 9 October 2012 (Agenda item 4.2)

 

Resolved:  that the minutes of the meeting be noted.

PAR

35

Planning Application No. 12/P/0906/F Erection of 65 no. dwellings with associated garage/car parking and associated accesses, landscaping and engineering works following demolition of existing buildings at former Quadron Services Depot land to north of Mendip Road, Weston-super-Mare (Reference from South Area Committee 18th October 2012)

(Agenda item 6.1)

 

The Director of Development and Environment reported on the above application for planning permission.

 

The Director of Development and Environment’s representative drew members’ attention to the update sheet, a copy of which is filed on the minute book.  He drew particular attention to the amended recommendation which proposed further conditions to protect the interests of the adjoining businesses.  He proposed an amendment to condition 27 on the update sheet to read ‘except between the months of April to August’ and sought the committee’s authority to make any further alterations to conditions and advice notes as necessary, in consultation with the Chairman and local ward councillors.

 

In considering the application and the recommendation from the South Area Committee, Members generally agreed that, with the addition of the further conditions to protect existing businesses on the site, the application was acceptable.

 

Resolved:

 

(1)  that subject to the completion of a S106 agreement requiring: (i) Affordable housing provision; (ii) Library Facilities contribution; iii) Youth Provision contribution; (iv) On-site Public Open Space; (v) Off-site Public Open Space contribution; (vi) Off-site Sports Provision; (vii) Employment contribution; (viii) Education contribution; (ix) Contribution for off-site highway works, 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.

No dwelling shall be occupied until the approved parking spaces and garages have been provided for, together with vehicular access thereto.  The internal footprint measurements for the garages shall be no less than 3.1 x 6.5 metres. The access and parking spaces shall be used for no other purpose.

3.

Details of the provision to be made for the covered parking of cycles for the flats shall be submitted to and agreed in writing by the Local Planning Authority before development commences. The approved cycle parking provision shall, thereafter, shall be provided on site before the flats are occupied.

4.

No work shall be commenced on any individual phase until all building and surface materials; details of pedestrian and cycle signs; details of de-mountable bollards; traffic calming materials and samples of materials and colour of renders for that phase have been submitted to and approved by the Local Planning Authority.

5.

The details of boundary treatment, as approved, shall be constructed prior to occupation of the development.

6.

All dwellings hereby approved shall be constructed to Code Level 3 of the Code for Sustainable Homes. A copy of the Post Construction Review Report undertaken by a licensed BREEAM assessor and a copy of the Final Code Certificate issued by the Building Research Establishment (BRE) for each dwelling shall be submitted to the Local Planning Authority on completion of the development.

7.

The dwellings hereby approved shall not be occupied until measures to generate 15% (less if agreed with the local planning authority) of the energy required by the use of the development (measured in carbon) through the use of micro renewable or low-carbon technologies have been installed on site and are fully operational in accordance with 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.

The dwellings shall not be occupied until a Travel Plan, which seeks to reduce the number of vehicle trips to and from the site, has been submitted to and approved by the Local Planning Authority. Upon approval the residential use shall thereafter be in accordance with the proposals in the approved Travel Plan unless amendments to the Travel Plan are first submitted to and approved by the Local Planning Authority. 

9.

The first dwelling shall not be occupied until details of a landscaping scheme have been submitted to and approved, in writing, by the Local Planning Authority.

10.

All works comprised in the approved details of landscaping should be carried out during the months of October to March inclusive following completion of the development.

11.

Trees, hedges and plants shown in the landscaping scheme to be  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.

12.

Drainage details of the proposed foul water arrangements shall be submitted to and approved by the Local Planning Authority prior to the commencement of works.

13.

Finished floor levels for all dwellings must be set at 5.8m AOD or 300mm above existing local ground levels, whichever is the greater.

14.

No development shall take place until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the Local Planning Authority.  The drainage strategy should demonstrate the surface water run-off generated up to and including the 1 in 100 (30% climate change) critical storm will not exceed the run-off from the undeveloped site following the corresponding rainfall event. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. The scheme shall also include details of how the scheme shall be maintained and managed after completion.

15.

Prior to the commencement of development, approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the Local Planning Authority. The scheme shall, thereafter, be implemented as approved.

16.

No dwelling shall be occupied until there has been submitted to and approved in writing by the Local Planning Authority a scheme providing appropriate space and facilities for the storage and collection of waste. 

17.

The development shall not be commenced until a Management Plan, which seeks to include, but not be limited to, the phasing of the proposed build, hours of operation of the construction site, hourly quantum of construction traffic generated by the build during hours of operation (including heavy vehicles and staff vehicles) and construction phases, peak hour impact assessments on Mendip Road has been submitted to and approved by the Local Planning Authority. The approved Management Plan shall thereafter be implemented in accordance with its recommendations to the satisfaction of the Local Planning Authority.

18.

No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period.  The Statement shall provide for:

 

(i)         the parking of vehicles of site operatives and visitors

(ii)        loading and unloading of plant and materials

(iii)       storage of plant and materials used in constructing the development

(iv)       the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate

(v)        wheel washing facilities

(vi)       measures to control the emission of dust and dirt during construction

(vii)      a scheme for recycling/disposing of waste resulting from demolition and construction works

(viii)     measures to control noise from works on the site.

19.

The dwellings shall not be occupied until plans have been submitted to and approved of the Local Planning Authority showing full details of bird and bat boxes to be provided on the site. The agreed details shall thereafter be provided prior to occupation of the first dwelling.

20.

The dwellings (excluding apartments) shall be provided with a water storage butt and composter prior to occupation unless details of proposed exceptions have first been supplied to and approved by the Local Planning Authority.

21.

No development shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority. This should consist of a photographic survey of the buildings currently on the site and results of the programme of geotechnical work (trial pits and boreholes) being deposited with the LPAs Historic Environment Record.

22.

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 additional windows shall be inserted in the gable wall elevation of units: 21, 22, 23, 29, 30, 36, 51, 52 and 65.

23.

The dwellings hereby approved shall not be occupied until the play area shown on drawing number 1096/01C has been constructed in accordance with details that have first been submitted to and approved, in writing, by the Local Planning Authority. Thereafter the play area shall be permanently retained and shall not be used for any purpose other than as a play area.

24.

No development shall take place until a detailed site development project plan setting out key milestones in the development, including site preparation, plot commencements, installation of street lights, submission of drawings for approval in principle to structures and open spaces and play equipment, and land drainage consents, and relates them to proposed dates for adoptions of each element has been submitted to and approved by the Local Planning Authority. The development shall proceed in accordance with this timetable unless any variations have first been submitted to and approved in writing by the Local Planning Authority.

25.

No development shall be commenced until details of an acoustic barrier along the southern boundary of the site, including details of its height, length, position and materials or alternative form of acoustic protection have been submitted to and approved by the Local Planning Authority. The approved acoustic barrier and other acoustic measures shall be erected or installed prior to the construction of any dwelling on site and shall be maintained in accordance with the approved specifications at all times thereafter, unless otherwise agreed in writing by the Local Planning Authority.

26.

No development shall commence until plans of the siting of the proposed site compound have been submitted to and approved by the Local Planning Authority. The compound shall thereafter be sited only in accordance with the approved plans.

27.

No development including demolition works shall take place on Plots 5-11 and 19-21 inclusive, except between the months of April to August .

28.

The south elevations of Plots 5-11 and 19-21 shall be fitted with double glazing units and these shall be retained at all times in accordance with the approved specification or higher.

29.

No dwelling shall be occupied until details of the siting and method of traffic calming within the site has been submitted to and approved by the Local Planning Authority.

30.

The development hereby permitted shall be carried out in accordance with the following approved plans: 1096/01C, 80B, 09, 02/02A, 02/01A 03, 04A, 05B, 06B, 07/01, 07/02A, 08/B, 30/01, 30/02, 30/10A, 31/01, 02, 10A, 32/01, 02, 10A, 11A, 33/01A, 02,03A, 04A, 05, 06, 10C, 11C,11A, 12, 34/01, 02, 11B, 35/ 01, 02, 10A, 11A, 36/01, 02, 10A, 11A, 12A, 13A, 37/01, 02, 03, 10A, 38/01B, 02B, 10A, 11B, 39/01, 02, 10B, 40/01, 02, 03, 04, 10B, 11B, 41/01, 02, 10B, 42/01, 02, 10B, 50/02B, 04B, 05B, 06A, 07, 08, 09 and S38/100C.

Advice Note

It is recommended that the height of the acoustic wall exceeds the eaves height of the garage and single-storey stables and the length is no less than the collective length of the garage and stables and it shall be designed to take reasonable measures to prevent any children's balls or other objects landing on the stable roof.

 

(2)  that the Director of Development and Environment, in consultation with the Chairman and ward members, be authorised to add any further conditions, modifications to conditions and advice notes required as a result of the advice of consultees.

 

PAR

36

Application 12/P/0714/HAZ Hazardous substance consent for the storage of high flash distillates (aviation fuel kerosene) (minimum flashpoint 38 degrees Celsius) within 3 no. existing tanks Redcliffe Bay PSD, Down Road, Portishead  (Reference from North Area Committee 8 November 2012) (Agenda item 6.2)

 

The Director of Development and Environment reported on the above application for hazardous substance consent.

 

The Director of Development and Environment’s representative drew members’ attention to the update sheet, a copy of which is filed on the minute book.  He drew particular attention to clarification from the Environment Agency, clarification of the comments from the Health and Safety Executive (HSE) and additional neighbour representations.

 

In considering the application and the recommendation from the North Area Committee, Members were mindful of the advice of the HSE that the reuse of the three tanks would not increase any hazards at the site and furthermore that it would not support the refusal reason at appeal.

 

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

                       

1.

The consent hereby permitted shall be begun before the expiration of three years from the date of this approval.

2.

The Hazardous substances shall not be kept or used other than in accordance with the particulars provided on the application forms including supporting information provided in the Fisher German letter dated 15 June 2012 (and revised substance location plan drawing no 3 rev A) nor outside the areas marked for storage of the substances on the maps and plans that formed part of the application.

3.

The hazardous substance permitted to be stored on site under this consent is restricted to a maximum of 21,010 tonnes of refined aviation fuel kerosene (min. flashpoint 38 degrees Celsius). 

 

PAR

37

National Grid Proposals (Agenda item 6.3)

 

Having earlier declared a disclosable pecuniary interest in this item Councillor Jill Iles left the meeting.

 

The Director of Development and Environment reported on the recently announced draft route for the new 400kv power connection between Bridgwater and Seabank near Avonmouth.

 

At the invitation of the Chairman Councillor Garner addressed the meeting.

 

In discussing the report members welcomed some of the proposals but felt that every effort should be made to encourage National Grid to continue to actively consider alternative solutions to the 400kv overhead lines in order to minimise the impact on the environment and residents of North Somerset.

 

Resolved: 

 

(1)  that North Somerset Council ask National Grid to continue to actively explore and evaluate emerging practical technologies such as gas insulated lines (GIL) which would not necessitate the use of 400kv overhead power lines, and to re-evaluate the relative costs of alternative solutions and consult with the public on the potential implications for energy bills; and

 

(2)  that National Grid be informed that:

 

(i)      the undergrounding of the draft route through the Mendip Hills AONB and the second 132kv line from Nailsea to Portishead sub station is welcomed;

 

(ii)     the Council will continue to work with National Grid to ensure the adverse environmental, social and economic impact of the new 400kv line and associated works throughout North Somerset is minimised wherever possible;

 

(iii)    the Council re-iterates its support for the proposed siting of the Sandford sub-station and strongly suggests that this is gas insulated and grass roofed, with measures to assist bat roosting/foraging. In addition the detailed design and layout should allow for a more direct alignment of the nearby Strawberry Line cycleway;  

 

(iv)    the preferred route corridor for the new 132kv link to Weston-super-Mare is supported and that this should be undergrounded to minimise any impact on the level landscape;

 

(v)     further investigations should be undertaken to assess the impact on the residents of Moorland Park Congresbury with a view to moving the line further east;

 

(vi)    more work needs to be undertaken to assess the impact on the setting of Tickenham Court;

 

(vii)   the full impact on Portbury and Sheepway needs to be assessed and mitigated by careful pylon design and positioning;

 

(viii)  North Somerset officers will continue to work with National Grid in order to identify appropriate mitigation measures and fully assess the impact of the draft route on key environmental concerns.

 

 

 

                                                                                    ________________________________

                                                                                                                Chairman

                                                                                    ________________________________