Minutes

of the Meeting of the

Planning & Regulatory Committee

Wednesday, 9th November 2016

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

 

Meeting Commenced:  2.30pm      Meeting Concluded: 5.45pm

 

Councillors:

 

A  Peter Crew (Chairman)

P  Jill Iles (Vice-Chairman)

 

P   Nigel Ashton (substitute for Peter Crew)

P  Elfan Ap Rees 

P  Felicity Baker 

P  Jan Barber 

P  Chris Blades 

P  Mary Blatchford 

P  Peter Bryant 

P  Peter Burden (substitute for Reyna Knight)

    Mark Canniford 

P  Charles Cave 

P  Robert Cleland 

P  Andy Cole 

P  John Crockford-Hawley 

P  Bob Garner 

P   Ann Harley (substitute for David Hitchins)

A  David Hitchins 

A  Reyna Knight 

P  Tom Leimdorfer 

P  John Ley-Morgan 

P  Richard Nightingale 

A  David Pasley 

P  Marcia Pepperall (substitute for David Pasley)

P  Dawn Payne 

P  Terry Porter 

P  David Shopland 

P  Richard Tucker 

P  Liz Wells 

 

 

 

P: Present

A: Apologies for absence submitted

 

Also in attendance:  Councillor Deborah Yamanaka

 

Officers in attendance: Sue Buck (Corporate Services), Simon Exley (Development & Environment), Richard Kent (Development & Environment), Heather Sanders (Corporate Services), Roger Willmot (Development & Environment)

 

PAR

71    

Public speaking at planning committees (Standing Order 17A)

Planning Application Nos. 16/P/1440/O, 16/P/1795/RM & 16/P/1486/F

 

Local resident Hilary Burn addressed the Committee speaking against development proposals at Bristol International Airport.

 

Representing the applicant Robert Sinclair then spoke in support of the proposals.

 

PAR

72    

Public speaking at planning committees (Standing Order 17A)

Planning Application No. 15/P/2521/O

 

Local resident Robert Lovell addressed the Committee speaking against an application for planning permission at Pudding Pie Lane, Langford.

 

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

 

PAR

73    

Public speaking at planning committees (Standing Order 17A)

Planning Application No. 16/P/2094/O

 

The applicant’s agent addressed the Committee speaking in support of an application for planning permission at land at Wolvershill Road, Banwell.

 

PAR

74    

Public speaking at planning committees (Standing Order 17A)

Planning Application No. 16/P/1701/F

 

Representing a local resident Bill Howard addressed the Committee speaking against an application for planning permission at Hill Road, Clevedon.

 

The applicant then spoke in support of the proposal.

 

PAR

75    

Public speaking at planning committees (Standing Order 17A)

Planning Application No. 16/P/1936/F

 

The applicant addressed the Committee speaking in support of an application for planning permission at Greenhill Lane, Sandford.

 

PAR

76    

Public speaking at planning committees (Standing Order 17A)

Planning Application No. 15/P/1538/F

 

Local resident Pat Jones addressed the Committee speaking against an application for planning permission at Pill Road, Abbots Leigh

 

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

 

PAR

77    

Public speaking at planning committees (Standing Order 17A)

Planning Application No. 16/P/2174/F

 

The applicant addressed the Committee speaking in support of an application for planning permission at Knightcott Road, Banwell.

 

PAR

78    

Public speaking at planning committees (Standing Order 17A)

Planning Application No. 16/P/2141/F

 

The applicant’s agent addressed the Committee speaking in support of an application for planning permission at Hillside Road, Portishead.

 

PAR

79    

Declaration of Disclosable Pecuniary Interest (Agenda item 3)

 

Councillor Garner advised that he knew the owner of the property adjoining Planning Application No.16/P/1701/F and would therefore abstain.

 

PAR

80    

Minutes of the Meeting held on 12 October 2016 (Agenda item 4)

 

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

 

PAR

81    

Planning Application No. 16/P/1440/F Extension to existing staff car park to provide an additional 196 parking spaces with associated lighting, security fence and landscaping at Bristol International Airport, North Side Road, Felton (Agenda item 6)

 

The Director of Development & Environment reported on an application for planning permission. The Director of Development & Environment’s representative drew Members’ attention to the update sheet a copy of which is filed on the Minute Book and in particular to the outcome of the Habitats Regulation Assessment screening and also to the need to mitigate and compensate the ecological impacts of the proposal via further conditions.

 

Resolved: that subject to a) the referral of the application to the Secretary of State; and b) clarification of potential for ground contamination, 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 development hereby permitted shall be carried out in accordance with the approved plans and documents to be listed on the decision notice.

3.

The car park hereby granted shall only be used for staff, contractor parking and any visitors to the airport and it shall not be used by for passenger car parking at any time.

4.

No development shall be commenced until details of a sustainable surface water drainage system together with a programme of implementation and maintenance for the lifetime of the development has been submitted to and approved by the Local Planning Authority.  Such works shall be carried out in accordance with the approved details.

5.

No development shall commence until full details of soft landscape works for the development has been submitted to and approved in writing by the Local Planning Authority.  This shall include details of all vegetation to be retained and removed and details of all new planting in terms of their species, numbers of plants, stock and spacing.

6.

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

7.

For the duration of the development works existing trees and hedgerows which are to be retained shall be protected by a suitable barrier erected and maintained at a distance from the trunk or hedge 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 position can be established. Within this protected area there shall be no excavation, tipping or stacking, nor compaction of the ground by any other means during the course of the construction of the development.

8.

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

9.

The development shall proceed in strict accordance with the mitigation, enhancement and compensatory measures outlined in Sections 6, Table 6.1 Measures M1 – M13 inclusive; and Table 6.2 Enhancement measures E1-E5 inclusive of the Bristol Airport Staff Car Park Extension EIA Final Report Version 5 (Johns Associates, 2016); and in line with the illustrative landscape proposals.  Any amendments to these must be submitted to and approved in writing by the Local Planning Authority before relevant works proceed. The development shall then be implemented in accordance with the agreed changes.

10.

The details to be submitted in respect of condition number 5 shall be based on Appendix A to the Ecological Impact Assessment and shall include vegetated buffers annotated with widths; and planting schemes. 

11.

A Construction Environment Management Plan (CEMP) /or Construction Method Statement, shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of development.   This shall include details of the method of works, including: site enabling works, vegetation clearance, siting and installation of services, drainage; measures for storage and disposal of waste; implementation of pollution prevention guidelines (PPGs); measures for the protection of ecological features and trees; and provisions to avoid harm to legally protected species and wild mammals.   Works shall be implemented in strict accordance with the approved methodology.   

12.

Prior to commencement of development a landscape and ecological management plan (LEMP) for the site shall be submitted to and approved by the Local Planning Authority in writing.  This shall include details and a table of works, including monitoring. Ongoing management shall be carried out in accordance with the approved details.

13.

No external lighting shall be installed until the following details/plans have been submitted to the LPA for approval in writing, to include:

(i)  details of the type and location of the proposed lighting;

(ii)  the proposed lux levels and lighting contour plans, with confirmation that lighting levels of less than 1 lux will be achieved on the internal faces of boundary habitats, unless otherwise agreed. 

(iii) details of proposals to undertake light monitoring checks once the staff car park extension lighting is operational. The results shall be submitted to the local planning authority. If the appropriate lux levels are not being achieved, remedial works shall be undertaken to ensure implementation. 

Any external lighting shall be installed and operated in accordance with the approved details.

14.

Prior to the commencement of development, details of compensatory habitat provision for the species rich grassland to be removed from the site, shall be submitted to and approved in writing by the Local Planning Authority.  The proposals shall include: i) plans shows the location of the ‘receptor’ site for 1116 square metres of species rich grassland translocated turf from the application site and; ii) the additional area of 1116 square metres for grassland restoration/enhancement  to species rich grassland.  This shall include details of the current botanical interest (DAFOR or NVC survey) and soil pH (as part of the justification for selection of the compensatory habitat site(s)); and a translocation protocol and justification for selection of protocol, with reference(s) to previous successful application.  The compensatory habitat provision shall be implemented in strict accordance with the submitted details including a timetable for carrying out these works.  The works shall be carried out in accordance with the approved details. 

Advice Note

Badgers: Where setts need to be closed as part of the development application, or where works (including site preparation) are likely to contravene the provisions of the Protection of Badgers Act 1992, a Natural England derogation licence must be obtained prior to the commencement of any such works (subject to grant of planning permission).  

 

PAR

82    

Planning Application No. 16/P/1795/RM Approval of reserved matters for access, appearance, landscaping, layout and scale for the erection of a new car park reception building pursuant to outline planning permission 09/P/1020/O at Bristol Airport, Silver Zone Car Park, Felton, Wrington (Agenda item 7)

 

The Director of Development & Environment reported on an application for planning permission.

 

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

 

1.

The development hereby permitted shall be carried out in accordance with the approved plans and documents to be listed on the decision notice.

2.

The existing reception building and canopy shall be completely removed from the site within 3 months on the replacement building being brought into use in accordance a scheme of restoration of the land.

 

PAR

83    

Planning Application No. 16/P/1486/F Development of car parking with associated temporary lighting, fencing and landscaping on agricultural land, providing approximately 3,650 long stay car parking spaces for use in peak months May-October and forming an extension to the existing Silver Zone Car Park at Bristol International Airport, North Side Road, Felton (Agenda item 8)

 

The Director of Development & Environment reported on an application for planning permission considered by the Committee at the September meeting. The Director of Development & Environment’s representative drew Members’ attention to the update sheet a copy of which is filed on the Minute Book and in particular to the following: confirmation that the Secretary of State did not wish to intervene in the application; the receipt of additional third party correspondence; and the need the need for additional conditions.

 

Resolved: that subject to the completion of a ‘Deed of Variation’ to the Section 106 Legal Agreement for planning permission 09/P/1020/OT2 securing implementation of the new ‘Weston Flyer’ public transport services when the airport passenger numbers reach 8 million passengers per annum or when any part of the seasonal car park is first brought into use (whichever the earlier), the application be approved subject to the conditions set out in the previous report to the Planning and Regulatory Committee on 14 September 2016 (Minute PAR 52) with the amended condition 5 and additional conditions 14 and 15 as follows, subject to any further additions or amendments as may be required in consultation with the Chairman and Vice-Chairman:

5.

No external lighting shall be installed until the following details/plans have been submitted to the LPA for approval in writing, to include:

(i)         details of the type and location of the proposed lighting;

(ii)        existing lux levels affecting the site;

(iii)       the proposed lux levels and lighting contour plans, with confirmation that lighting levels of less than 1 lux will be achieved on the horseshoe bat foraging habitats and commuting routes on day one of the operational phase;

(iv)       details of lighting restrictions that will be in effect to maintain horseshoe bat commuting routes at below 1 lux during the construction phase;

14.

Prior to commencement of development a landscape and ecological management plan (LEMP) for the site shall be submitted to and approved by the Local Planning Authority in writing. This shall include a table of works including monitoring. Ongoing management shall be carried out in accordance with the approved details.

15.

Bat monitoring surveys of the site shall be undertaken in accordance with details to be agreed with the Local Planning Authority on the first, second and fifth anniversary of the any part of the car park hereby approved being brought in to use.  The results of these surveys shall be submitted within 6 months of the surveys being undertaken.  The objective of the surveys will be to determine if horseshoe bat species are continuing to foraging and commute on site.   If numbers of greater horseshoe and other bat species using the site have declined, additional/amended mitigation measures shall be implemented in accordance with details and a timetable to be agreed by the Local Planning Authority.

 

 

 

 

PAR

84    

Planning Application No. 15/P/2521/O Outline application with all matters reserved except access for up to 35 dwellings with associated access, parking, hard/soft landscaping and open space, drainage and infrastructure at land to the north of Pudding Pie Lane, Langford, Churchill  (Agenda item 9)

 

The Director of Development & Environment reported on an application for planning permission.

 

A Motion for refusal having been duly seconded and debated, nine Members of the Committee signified their support for a named vote.  The voting was as follows:

 

For the Motion (7)

Peter Burden, Robert Cleland, Andy Cole, Ann Harley, Tom Leimdorfer, David Shopland, Liz Wells

 

Against the Motion (17)

Nigel Ashton, Elfan Ap Rees, Felicity Baker, Jan Barber, Chris Blades, Mary Blatchford, Peter Bryant, Charles Cave, John Crockford-Hawley, Bob Garner, Jill Iles, Jon Ley-Morgan, Richard Nightingale, Dawn Payne, Marcia Pepperall, Terry Porter, Richard Tucker

 

There were no abstentions.

 

The Motion having been lost it was subsequently moved, seconded and,

 

Resolved: that subject to the completion of a legal agreement securing (a) 30% on-site affordable Housing (b) financial contributions towards off-site built sports and leisure (c) financial contributions towards public open space (d) £4,200 towards Travel Information packs, and (e) financial contribution of £138,556 towards education, the application be approved subject to the following conditions and any other additional or amended conditions as may be required in consultation with the Chairman and Vice-Chairman:

 

1.      

Prior to submission of any reserved matters, a Master Plan or framework of development document to establish the main principles of the layout and design principles shall be submitted to and approved by the Local Planning Authority.

2.

Before any work is commenced, details of the design and external appearance of the building(s), the landscaping of the site, the layout, and the scale (hereinafter called the reserved matters shall be submitted to and approved in writing by the Local Planning Authority.

3.

Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiry of three years from the date of this permission.

4.

The development hereby permitted shall be begun either before the expiry of five years from the date of this permission, or before the expiry of two years from the date of approval of the last of the reserved matters to approved, whichever is the later.

5.

The development hereby permitted shall, unless otherwise subsequently agreed by the Local Planning Authority in writing, be carried out in accordance with the supporting documents and approved plans to be listed on the decision notice.

6.

The dwellings shall not be occupied until the parking areas have been laid out in accordance with the approved plans and shall be made from a permeable material and shall be retained permanently and not be used except for the parking of vehicles in connection with the dwellings hereby approved.

7.

No development shall commence until a plan showing the extent of the adoption of highway into the site has been submitted to, and approved in writing by the Local Planning Authority. No construction shall be commenced until plans widths and sections have been submitted to and approved, in writing, by the Local Planning Authority for this purpose.

8.

The development hereby permitted shall not be commenced until the visibility splays shown on the approved plans have been provided with no obstruction to visibility at or above a height of 0.6m above the nearside carriageway level. The visibility splays shall thereafter be maintained free of obstruction at all times.

9.

The works to provide a new 2m wide footway on the western side of the site access road and a short section of 2m wide footway on Pudding Pie Lane, extending to the proposed new vehicular access serving the 3 dwellings to the west, and a tactile crossing point to link with a drop crossing on the opposite side of the carriageway adjacent to Churchill Primary School shall be completed prior to the occupation of the first dwelling or in accordance with a timetable agreed by the Local Planning Authority in writing as part of the scheme.

10.

The development shall not commence until a construction traffic management plan has been submitted to, and approved in writing by the Local Planning Authority.  The plan shall include details of the number and frequency of construction vehicle movements, construction operation hours, construction vehicle routes to and from the site, construction delivery hours, and car parking for contractors.  The development shall thereafter be carried out in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

11.

No development shall commence until a full landscape planting scheme has been submitted to, and approved in writing, by the local planning authority.  This should include a tree and hedgerow retention plan identifying all existing trees and hedgerows to be retained.  Landscaping of the site should predominantly employ native species of local provenance including berry and fruit-bearing trees, hedgerows and shrub species and nectar rich flowering plants.

12.

All works comprised in the approved details of landscaping should be carried out during the months of October to March inclusive following occupation of the dwellings or completion of the development, whichever is the sooner.

13.

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

14.

No development shall commence until a bird nesting and bat roosting strategy has been submitted to and approved in writing by the Local Planning Authority.  The submitted strategy shall include the specification and locations of proposed bird nesting places and bat roosting places.  The development shall thereafter be carried out in full accordance with the approved details.

15.

No development shall commence until a full updated arboricultural report including a tree protection plan and relevant method statements for retaining and cutting through hedgerows, and providing root protection zones has been submitted to, and approved in writing by the Local Planning Authority.  The development shall thereafter be carried out in full accordance with the approved details.  For the duration of the development works existing trees and hedgerows which are to be retained shall be protected by a suitable barrier erected and maintained at a distance from the trunk or hedge 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 position can be established. Within the protection area there shall be no excavation, tipping or stacking, nor compaction of the ground by any means.  

16.

The development shall be implemented in accordance with the mitigation measures outlined in Sections 4.2 to 4.4 of the ‘Extended Phase 1 Habitat Survey Pudding Pie Lane, Langford’ (December 2015); and shall  implement  recommendations for enhancement within Section 4.3 of the ‘Bat Activity Transect’ (2015) report; which shall be included within relevant plans (landscaping plan; CEMP).  If amendments to the report recommendations are required, details of the changes must be submitted in writing and agreed by the Local Planning Authority before relevant works proceed. The development shall then be implemented in accordance with the agreed changes.

17.

A Construction Environment Management Plan (CEMP) or Construction Method Statement shall be submitted to and approved by the Local Planning Authority before works commence. This shall include: details of site enabling works; method of works, including: siting and installation of services such as drainage; locations for storage; measures for disposal of waste and prevention of pollution, in accordance with PPGs; measures for avoidance of harm to protected and notable species; and specification of buffers and fencing for the protection of ecological features and trees.   Works shall be implemented in strict accordance to the approved methodology.     

18.

Prior to the commencement of development, an ecological landscaping plan shall be submitted to the LPA.  This shall include provisions to: retain hedgerows and trees on site; buffer retained hedgerows with species rich grassland corridors; provide 5m meadow grassland buffers to external hedgerows; create a wildlife pond and meadow habitat. The plan shall include provision of interpretation to inform residents of the habitats on site.    This plan shall be implemented; with planting commenced at an early stage, to minimise disruption to available foraging and commuting resources for bats.   

19.

Prior to the commencement of development, an ecological management plan for the site shall be submitted to and approved in writing by the Local Planning Authority. This shall include prescriptions and a table of works, including monitoring. Ongoing management shall be carried out in accordance with the approved details.

20.

Prior to the commencement of development, a site wide lighting strategy in lux shall be submitted to the Local Planning Authority in writing.  This shall illustrate the lighting levels in lux with details of light intensity and the hours of lighting operation shall be submitted to, and approved, in writing, by the Local Planning Authority.  These details shall include an assessment undertaken by a suitably qualified ecologist on the retained bat habitats and commuting routes on the site which shall be maintained at or below 0.5 lux within the defined bat corridor width at ground level and upwards to two metres.  This lighting scheme shall be implemented and adhered to during the construction and operational phases.

21.

Prior to the commencement of the Reserved Matters phase, a reptile survey shall be carried out, and a report detailing avoidance and mitigation measures submitted to the local planning authority.  

22.

Prior to the commencement of the Reserved Matters phase an updated badger survey shall be carried out; and a method statement submitted to the Local Planning Authority in writing, to update the avoidance and mitigation measures that will be required. 

23.

No development shall be commenced until details of the design, implementation, maintenance and management of the sustainable drainage scheme have been submitted to and approved in writing by the Local Planning Authority. Those details shall include:

 

·         

Information about the design storm period and intensity, discharge rates and volumes (both pre and post development), temporary storage facilities, means of access for maintenance (5 metres minimum), the methods employed to delay and control surface water discharged from the site, and the measures taken to prevent flooding and pollution of the receiving groundwater and/or surface waters;

 

·         

Any works required off-site to ensure adequate discharge of surface water without causing flooding or pollution (which should include refurbishment of existing culverts and headwalls or removal of unused culverts where relevant);

 

·         

Flood water exceedance routes, both on and off site; The drainage system must be designed so that, unless an area is designated to flood as part of the design, flooding does not occur on any part of the site for a 1 in 30 year rainfall event and that at 1 in 100 year rainfall event no flooding occurs to any part of a building (including a basement) or in any utility plant susceptible to water (e.g. pumping station or electricity substation) within the development. Any flows resulting from rainfall in excess of a 1 in 100 year rainfall event should be managed in conveyance routes that minimise the risks to people and property both on and off site.

 

·         

A management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by an appropriate public body or statutory undertaker, management company or maintenance by a Residents’ Management Company and / or any other arrangements to secure the operation and maintenance to an approved standard and working condition throughout the lifetime of the development.

 

Such works shall be carried out in accordance with the approved details.

24.

No works shall be commenced until sample panels of the external materials to be used for dwellings, boundary walls, roads, pavement and parking areas and any other related infrastructure to be constructed either on or off site.  These shall include, all brick, stone, colour of render, roofing materials to be used for the dwellings, surface materials to be used in the construction of the roads, pavements and parking areas, and brick, stone or other material to be used in boundary treatments.  The sample panel(s) shall be submitted to and approved, in writing, by the Local Planning Authority. Construction shall be only in accordance with the approved sample panel in terms of colour of brick, mortar mix, jointing and means of laying. The development shall be carried out in the approved materials unless otherwise agreed in writing by the Local Planning Authority.

25.

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.

26.

The dwellings hereby approved shall not be occupied until the space and facilities provided on site for the storage and collection of waste have been constructed and implemented in accordance with the approved plans.  Thereafter the approved space and facilities for the storage and collection of waste shall be permanently retained unless otherwise agreed in writing with the local planning authority.

27.

No more than 35 dwellings shall be erected on the application site.

Advice Notes

Advice notes are not conditions but are a means of making a statement to the applicant or drawing attention to the requirements of other legislation.

1.

The applicant/developer is advised that there must be no interruption to the surface water drainage system of the surrounding land as a result of the operations on the site. Provisions must be made to ensure that all existing drainage systems continue to operate effectively and that riparian owners upstream and downstream of the site are not adversely affected.

2.

The applicant/Developer is advised that examples of built-in bird and bat boxes are available from:

http://www.ibstock.com/sustainability-ecozone.asp and http://www.nhbs.com/brick_boxes_for_birds_eqcat_431.html

3.

The applicant/developer is advised that the North Somerset and Mendip Bats Special Area of Conservation is a highly protected suite of sites for wildlife and ecology of international importance.

4.

The applicant/developer is advised that buffers of tall vegetation should be provided around the hedgerows on site. This accords with the guidance in Biodiversity and Trees, the Supplementary Planning Document for developments within North Somerset, section 8.4, page 13, which states that, 'At least a five metre strip and sometimes a 10 metre strip for all water courses, hedges and woodlands should be retained to allow for management.  However, where the Internal Drainage Board maintains the rhynes, an eight metre maintenance strip must be included.'

5.

The applicant/developer is advised that 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.

6.

The applicant/developer is advised that the works within the highway in association with this development will require the developer to enter into a S278 Agreement (Highways Act 1980). The developer is advised to make early contact with the highways officer (Mr W Hole 01934 426707) so that the processing of the order does not impede the implementation of planning consent. The developer will be required to agree to the specification of the works, meet the Council’s costs in the drawing up of the order, provide a bond or cash equivalent and meet the Council’s inspection charges.

7.

The applicant/developer is advised that any works which affect the traffic capacity of the highway are subject to the Traffic Management Act 2004. This Act places an obligation upon local authorities to coordinate and manage the road network to ease congestion and delay. As the works in this approval are likely to require a part of the highway to be closed, approval for the closure will be subject to the provisions of the Act. The developer is urged to make early contact with the Council’s Streets & Open Spaces Highway Maintenance Team (01275 888802) to ‘book’ any required road closure.

8.

The applicant/developer is advised that under section 184 (Highways Act 1980), any new works within the highway boundary must be to the Council’s specification and prior to any works the developer must arrange with the Council’s Streets & Open Spaces Highway Maintenance Team (01275 888802) for the approval of the works within the highway.

9.

The Local Highway Authority require the developer to enter into legally binding agreements to secure the proper implementation of improvements or alterations to existing public highway and for any new works that the developer intends shall be potentially adoptable as public highway. Further information in this respect may be obtained by contacting North Somerset Council’s Transport Development Management team.

10.

The applicant is strongly advised to consult with the Local Planning Authority and Parish Council in advance of the preparation of master plans or design codes or framework of development documents for the development.

 

PAR

85    

Planning Application Nos. 16/P/2094/O and 15/P/2752/O Outline application for the erection of up to 44no. dwellings (including up to 13no. affordable housing units, 30%) along with the provision of informal public open space and associated works with vehicular access from Wolvershill Road with all other matters reserved for subsequent approval at land east of Wolvershill Road between Orchard Close and Golling Lane, Banwell (Agenda item 10)

 

The Director of Development & Environment reported on an application for planning permission.  The Director of Development & Environment’s representative drew Members’ attention to the update sheet a copy of which is filed on the Minute Book and in particular to confirmation of the sum sought for improvements to play equipment, the receipt of additional third party comments, and the need to amend the recommendation.

 

Resolved:

 

1)      that Planning Application No.16/P/2094/O be approved subject to (1) the completion of a legal agreement securing contributions and works: (a) financial contribution to improve existing play equipment at the Banwell recreation ground and the village hall or other location; (b) financial contribution to improve the playing pitches at Riverside recreation grounds; (c) the on-site provision of informal green open space, minimum of 15sqm per dwelling and a commuted sum to cover a 15 year period if the Council is to adopt it; (d) financial contribution for improvements to the surface of Godling Lane (PROW/Bridleway no AX2/24); (e) financial contribution for the provision of educational facilities; (f) financial contribution to encourage sustainable travel and bus use; (g) financial contribution for the maintenance of fire hydrants on site; (h) financial contribution for the improvement of library facilities; (i) the delivery of 30% on site affordable housing; (2) any revisions to the above or other requirements as may arise as a result of further negotiations, to be agreed between the applicant and the Director in consultation with the Chairman and Vice Chairman (if agreement is not reached then the application may be returned to committee with a recommendation for refusal), and (3) the following conditions together with any amended or additional conditions which may be required in consultation with the Chairman and Vice-Chairman:

 

1.

Approval of the details of the layout, scale, appearance of the buildings, the means of access within the site and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority, in writing before any development is commenced.

2.

Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiry of two years from the date of this permission.

3.

The development hereby permitted shall be begun either before the expiry of three years from the date of this permission, or before the expiry of two years from the date of approval of the last of the reserved matters to approved, whichever is the later.

4.

The development hereby permitted shall be carried out in accordance with the approved plans and documents listed on the decision notice and those to be approved under the conditions attached to this consent unless otherwise agreed in writing by the Local Panning Authority.

5.

No more than 44 dwellings shall be built on the site pursuant to this planning permission.

6.

The details to be submitted under condition 3 shall include the details for all public open space, wildlife corridors and management/maintenance buffers, SUDS scheme, and a phasing scheme for their delivery and all the following details:

a) hard and soft structural landscaping;

b) a 5m buffer inside the site boundary adjacent to the hedge at the north, east and south boundaries within which no development shall take place;

c) the design and surfacing of, and means of access to all public open space, public footpaths and rights of way;

d) means of enclosure and boundary treatment and

e) dog waste bins where required by the local planning authority.

The development shall be carried out in accordance with the approved details unless the Local Planning Authority gives written consent to any variation.

7.

All works comprised in the approved details of landscaping shall be carried out during the months of October to March inclusive following occupation of the buildings or completion of the development, whichever is the sooner.

8.

Provisions for the storage of refuse shall be constructed and made available for use in accordance with details to be submitted and approved under the reserved matters consent before the occupation of each dwelling that they serve and thereafter shall be made permanently available for use for the storage of refuse only.

9.

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 reserved matters 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.

10.

No development shall commence on the construction of any dwelling until the highways footpath improvements and traffic impact mitigation has been carried out in complete accordance with the following approved plans, unless revised plans are approved as part of the reserved matters consents:

·             Drawing ref no 1501-76_SK03, and

·          Drawing ref no 1501-76_SK04.

11.

No dwelling shall be occupied until the roads, footpaths and turning spaces shown on the plans to be approved, have been constructed in such a manner that each dwelling, is served by a properly consolidated and surfaced footpath and carriageway between the dwelling and the existing highway.

12.

Details to be submitted and approved under condition 3 shall include a Travel Plan which shall accord with the approved details, and which shall be fully implemented unless the Local Planning Authority gives written consent to any variation thereto.

13.

No site clearance, preparatory work or development shall take place until a plan for the protection of the retained trees and hedges, and the site specific statements for working methods in relation to demolition, construction, landscaping in accordance with Sections 5 to 8 of British Standard BS5837: 2012 – ‘Trees in relation to design, demolition and construction – recommendations’ has been approved in writing by the local planning authority.  These development shall be carried out in accordance with the approved details.

14.

All works comprised in the approved details of landscaping should be carried out during the months of October to March inclusive following occupation of the buildings or completion of the development, whichever is the sooner.

15.

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

16.

The reserved matters application shall include a water safety audit prepared by persons who are competent in water safety issues. The audit shall include measures to minimise public safety risks associated with the water body and the reserved matters applications shall incorporate those recommendations. The approved scheme shall be fully implemented prior to occupation of any dwelling unless otherwise agreed in writing by the Local Planning Authority.

17.

No development or site preparation works which involve breaking the surface of the site, shall commence until a programme of archaeological work including a Written Scheme of Investigation and a Mitigation Strategy have been submitted to and approved by the Local Planning Authority in writing. The scheme shall include an assessment of significance and research and all of the following:

1. A programme and methodology of site investigation and recording;

2. A programme for post investigation assessment;

3. A mitigation strategy to ensure the retention in situ or relocation of any significant finds or archaeology;

4. Provision to be made for analysis of the site investigation and recording;

5. Provision to be made for publication and dissemination of the analysis and records of the site investigation;

6. Provision to be made for archive deposition of the analysis and records of the site investigation

7. Nomination of a competent person or persons/organization to undertake the works set out within the Written Scheme of Investigation.

Any historic or archaeological features not previously identified which are revealed when carrying out the development hereby permitted shall be retained in-situ and reported to the Local Planning Authority in writing within 2 working days. Works shall cease in the area affected until provision has been made for the retention and/or recording in accordance with details submitted to and approved in writing by the Local Planning Authority

The development shall be carried out in complete accordance with the approved scheme. The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the approved Written Scheme of Investigation and the provision made for analysis, publication and dissemination of results and archive deposition has been secured, unless otherwise agreed in writing by the Local Planning Authority.

18.

No development shall commencement until a Construction Environmental Management Plan has been submitted to and approved in writing by the Local Planning Authority. The Plan shall include details of:

·            the number and frequency of construction vehicle movements,

construction operation hours,

·        construction vehicle routes to and from the site with distance details, and which shall exclude travel through the centre of the village of Banwell,

·        construction delivery hours,

·        car parking for contractors,

·        specific measures to be adopted to minimise and mitigate construction impacts on the environment (including effects of noise, dust, vibration, waste disposal, piling, ground works and rock removal, and infrastructure improvements if appropriate),

·        a detailed site traffic management plan to control traffic movements within the site during the construction phases,

·        a detailed working method statement to avoid/minimise impacts on protected and notable species and important habitats.

·        a plan showing measures for habitat protection and retention.

The approved Plan shall be implemented and adhered to at all times, unless any amendments are first agreed in writing with the Local Planning Authority.

19.

A Biodiversity Habitat and Green Open Spaces Management Plan shall be submitted and approved with the reserved matters in accordance with condition 3. The Plan shall cover a ten year period and include measures for establishment, enhancement and management of habitats and open spaces including ponds within the site, and shall include planting schedules and details of ongoing management. This shall include a timetable for management activities as well as a monitoring schedule. The plan should also detail the measures for the protection and enhancement of biodiversity, including those specifically for the benefit of European Protected Species, within the site and shall be fully implemented.

20.

Full details of surface water drainage together with a programme of implementation shall be submitted and approved by the Local Planning Authority as part of the reserved matters consent application under condition 3. The works shall be carried out in complete accordance with the approved details unless otherwise approved by the Local Planning Authority.

21.

A Biodiversity Habitat and Green Open Spaces Management Plan shall be submitted and approved with the Reserved Matters to be submitted in accordance with condition 3. The Plan shall cover a ten year period and include measures for establishment, enhancement and management of habitats and open spaces including ponds within the site and public access thereto, and shall include planting schedules and details of ongoing management. This shall include a timetable for management activities as well as a monitoring schedule. The plan should also detail the measures for the protection and enhancement of biodiversity, including those specifically for the benefit of European Protected Species, within the site and shall be fully implemented.

22.

The reserved matters to be submitted for approval pursuant to condition 1 shall include no less than six single storey dwellings in the south eastern quadrant of the site in accordance with the principles demonstrated in the submitted Parameters Plan 1504.L01.02

23.

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 garages shall be erected, other than those expressly authorised by this permission.

 

 

2)      that had an appeal against the non-determination of Planning Application No. 15/P/2752/O not been submitted the Committee would have been minded to approve the application subject to the completion of a legal agreement and conditions, in accordance with Planning Application No.16/P/2094/O.

 

PAR

86    

Planning Application No. 16/P/0032/O Outline application for the demolition of all existing buildings and redevelopment of vacant garden centre (A1) to provide 32 new dwellings (C3) and 900m2 of office space (B1). New access arrangements off Clevedon Road and Church Lane - all other matters reserved for subsequent approval at Tickenham Garden Centre, Clevedon Road/Church Lane, Tickenham (Agenda item 11)

 

The Director of Development & Environment reported on an application for planning permission. The Director of Development & Environment’s representative drew Members’ attention to the update sheet a copy of which is filed on the Minute Book and in particular to the receipt of further information from the applicant, further comments from the Parish Council, additional third party correspondence, and to the need for additional conditions.

 

Members confirmed their view that the proposal constituted appropriate development in the Green Belt as the site was previously developed land and the proposals would not have a greater impact on the openness of the Green Belt than the previous use.  Additionally, the provision of on-site employment facilities would aid the sustainability of the site.  However, The Committee considered that the employment building should only be built after 10 of the dwellings were ready for occupation and that details of the management of the proposed water meadow was something for the local community to determine.

 

Resolved: that subject to the completion of a legal agreement securing the following: (a) education contributions; (b) contributions towards public open space and built sports facilities; (c) highways and transport contributions; (d) informal open space; and (e) contributions towards increased library provision, the application be approved subject to the following conditions together with any amended or additional conditions which may be required in consultation with the Chairman, Vice-Chairman and local Ward Member:

 

1.

Approval of the details of the appearance, layout, scale and landscaping of the site (hereinafter called  "the reserved matters") shall be obtained from the Local Planning Authority, in writing before any development is commenced. 

2.

Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiry of three years from the date of this permission.

3.

The development hereby permitted shall be begun before the expiry of two years from the date of approval of the last of the reserved matters to be approved.

4.

The reserved matters submitted in accordance with condition 1 shall include a detailed design and access statement and shall include details and plans showing

The arrangement of the plots and their buildings

·        The arrangements for car parking

·        Building heights and massing

·        Ground levels

·        Materials palette

·        Details of the retained and proposed landscaping

5.

The materials to be used in the development hereby permitted shall accord with the approved plans. If any other material is proposed no development shall take place until such has been approved, in writing, by the Local Planning Authority.

6.

No development shall be commenced until details of the design, implementation, maintenance and management of the sustainable drainage scheme have been submitted to and approved in writing by the Local Planning Authority. Those details shall include:

·        Information about the design storm period and intensity, discharge rates and volumes (both pre and post development), temporary storage facilities, means of access for maintenance ( 5 metres minimum), the methods employed to delay and control surface water discharged from the site, and the measures taken to prevent flooding and pollution of the receiving groundwater and/or surface waters;

·        Any works required off-site to ensure adequate discharge of surface water without causing flooding or pollution (which should include refurbishment of existing culverts and headwalls or removal of unused culverts where relevant);

·        Flood water exceedance routes, both on and off site; The drainage system must be designed so that, unless an area is designated to flood as part of the design, flooding does not occur on any part of the site for a 1 in 30 year rainfall event and that at 1 in 100 year rainfall event no flooding occurs to any part of a building (including a basement) or in any utility plant susceptible to water (e.g. pumping station or electricity substation) within the development. Any flows resulting from rainfall in excess of a 1 in 100 year rainfall event should be managed in conveyance routes that minimise the risks to people and property both on and off site.

·        A management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by an appropriate public body or statutory undertaker, management company or maintenance by a Residents’ Management Company and / or any other arrangements to secure the operation and maintenance to an approved standard and working condition throughout the lifetime of the development.

Such works shall be carried out in accordance with the approved details.

7.

Prior to the commencement of development, a site wide lighting strategy in lux shall be submitted to the local planning authority in writing.  This shall illustrate the lighting levels in lux with details of light intensity and the hours of lighting operation, details of the type and location of the proposed lighting, and existing lux levels affecting the site, the proposed lux levels and lighting contour plan. This lighting scheme shall be implemented and adhered to during the construction and operational phases.

8.

No development shall take place until a plan and method statement identifying measures to protect all trees to be retained has been submitted to and approved, in writing, by the Local Planning Authority.  The method statement shall include proposed tree protection measures during site preparation (including clearance and demolition work), construction and landscaping operations (including any changes to ground levels).  The plan shall identify which trees are to be retained, and where these are to be integrated into the subsequent landscaping of the site. Thereafter the site clearance works and development shall be undertaken in accordance with the approved details.

9.

No development shall commence until a plan showing the location and design of tree protection fencing has been submitted and agreed in writing by the Local Planning Authority and the agreed tree protection has been erected around existing trees to be retained.  Unless otherwise specified the fencing shall be as shown in Figure 2 of BS5837:2005 Trees in Relation to Construction - Recommendations and shall be erected to achieve root protection areas in accordance with BS5837: 2005 root protection area calculations and the location of the fencing will be informed by the recommendations of BS5837:2005. This fencing shall remain in place during site works. The Local Planning Authority is to be advised prior to development commencing of the fact that the tree/hedge protection measures as required are in place and available for inspection.

10.

Prior to the occupation of the first dwelling, the ‘Water Meadow’ are shall be laid out in accordance with the approved landscape masterplan drawing 1849/01/A.  This will contain the LEAP, Woodland Area, Neighbourhood Open Space and Conservation Site.

11.

All works comprised in the approved details of landscaping should be carried out during the months of October to March inclusive following occupation of the dwellings or completion of the development, whichever is the sooner.

12.

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.

13.

No development shall commence until details of the boundary treatment have been submitted to, and approved, in writing, by the Local Planning Authority. These details shall include works to be carried out around the perimeter site, and details of the boundary treatment between the approved dwellings.  The dwellings hereby approved shall not be occupied until the approved boundary treatment has been fully implemented and thereafter permanently retained.

14.

The dwellings shall not be occupied until the parking areas have been laid out in accordance with the approved plans and shall be made from a permeable material and shall be retained permanently and not be used except for the parking of vehicles in connection with the dwellings hereby approved.

15.

The development shall not commence until a construction traffic management plan has been submitted to, and approved in writing by the Local Planning Authority.  The plan shall include details of the number and frequency of construction vehicle movements, construction operation hours, construction vehicle routes to and from the site, construction delivery hours, and car parking for contractors.  The development shall thereafter be carried out in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

16.

No development shall commence until a plan showing the extent of the adoption of highway into the site has been submitted to, and approved in writing by the Local Planning Authority. No construction shall be commenced until plans widths and sections have been submitted to and approved, in writing, by the Local Planning Authority for this purpose.

17.

Prior to the commencement of development, a scheme for the proposed highways works in the vicinity of the site shall be submitted to, at approved in writing by the local planning authority.  The scheme shall include:

·        Provision of new northbound bus stop with 2m wide footway and 1m wide highway verge

·        Widening of the B3130 to allow provision of new southbound bus stop with associated drop kerb crossover, kerb build out of 1.8m and raised kerbs.

·        Stopping-up the existing access and creation of a 1m wide highway verge

These works shall be completed prior to the occupation of the development in accordance with a timetable to be agreed by the local planning authority in writing as part of the scheme.

18.

The means of access to the site shall be constructed in accordance with the approved plans ref HTp 150 05D Site Access arrangement with B3130.

19.

Prior to commencement of development details of renewable energy measures to generate 10% (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 shall be submitted to and agreed in writing by the local planning authority and once approved shall be installed in accordance with the approved details during the course of development and the dwelling shall not be occupied until such measures are fully functional and the measures shall be retained and maintained permanently unless otherwise approved in writing by the Local Planning Authority.

20.

No development shall take place until a plan providing appropriate space and facilities for the separate storage and collection of waste for re-use and recycling to include the location of a collection points has been submitted to and approved in writing by the Local Planning Authority.  The approved details shall be provided before the use hereby permitted commences and thereafter shall be made permanently available for the use for the storage and collection and waste for re-use and recycling only for the occupiers of the building.

21.

The gross floor area of buildings to be provided for office use (class B1) and residential use (class C3), as shown on the masterplan drawing reference 3142_PA_022B, shall not exceed the figures specified below unless alternative quantities are first agreed in writing by the local planning authority:

900sqm for the office development

4015sqm for the residential development, which shall be limited to no more than 32 dwellings.

22.

The proposed dwellings shall not exceed a height equivalent to two stories.

23.

The development hereby permitted shall be carried out in accordance with the approved plans to be listed on the decision notice

24.

The 900m2 B1 employment building hereby approved shall be fully constructed and available for occupation prior to the occupation of the 10th dwelling.

25.

A Water Meadow management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscaped and recreation areas, other than small, privately owned, domestic gardens, shall be submitted to and approved by the local planning authority prior to the occupation of the development or any phase of the development, whichever is the sooner, for its permitted use. The landscape management plan shall be carried out as approved.

26.

No development shall take place until a schedule of Water Meadow maintenance for a minimum period of 15 years has been submitted to and approved in writing by the local planning authority. The schedule shall include details of the arrangements for its implementation. Development shall be carried out in accordance with the approved schedule.

 

PAR

87    

Planning Application No. Planning Application No. 16/P/1701/F Retention of an outbuilding with terrace over and retention of bi-fold doors to rear of dwelling (Amendment to planning approval 14/P/2131/F) at 47B Hill Road, Clevedon (Agenda item 12)

 

The Director of Development & Environment reported on an application for planning permission.

 

Members considered that the installation of screening to the terraced area would help mitigate any overlooking issues.

 

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

 

1.

The development hereby permitted shall be carried out in accordance with the approved plans and documents to be listed on the decision notice.

2.

Details and specifications showing a privacy screen on the south-west side of the terrace hereby permitted shall be submitted to and approved in writing by the Local Planning Authority within 2 months of this decision.  The details shall include the size, height and position of the privacy screen and the materials to be used.  The privacy screen shall be erected in accordance with the approved details within 2 months of the date of approval of the details and once erected shall be maintained permanently thereafter in accordance with the approved details.

 

PAR

88    

Planning Application No. 16/P/1936/F Erection of 1no. detached four-bedroom dwelling with a double detached garage at land at Greenhill Lane, Sandford (Agenda item 13)

 

The Director of Development & Environment reported on an application for planning permission.

 

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 development hereby permitted shall be carried out in accordance with the approved plans and documents to be listed on the decision notice.

3.

The external walling and roofing materials to be used in the building works for the dwelling and garage hereby permitted shall be in strict accordance with the approved plans. If any other material is proposed no development shall take place until such has been approved, in writing, by the Local Planning Authority.

4.

The dwelling hereby approved shall not be occupied until the access has been formed and the parking and turning area has been constructed and laid out in accordance with the approved plans in permeable materials and the parking area shall thereafter be permanently retained and shall not be used except for the parking of vehicles in connection with the dwelling hereby approved.

5.

No development shall be commenced until foul and surface water drainage details together with a programme of implementation have been submitted to and approved, in writing, by the Local Planning Authority. Such works shall be carried out in accordance with the approved details.

6.

All works comprised in the approved details of landscaping should be carried out in accordance with the approved plans during the months of October to March inclusive following occupation of the building or completion of the development, whichever is the sooner.

7.

Trees and hedges 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.

8.

No development shall take place until the tree protection as shown in the Arboricultural Report prepared by Wootton Tree Consultancy dated 11 July 2016 has been put in place.  Thereafter the site clearance works and development shall be undertaken in accordance with the approved details.

9.

The dwelling hereby approved shall not be occupied until measures to generate 10% (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 the details that have been 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.

10.

The dwelling shall not be occupied until details of a scheme for providing space and facilities for the storage and collection of waste have been submitted to and approved in writing by the Local Planning Authority and the approved scheme has been implemented. Thereafter the approved space and facilities for the storage and collection of waste shall be permanently retained unless otherwise agreed in writing with the Local Planning Authority.

Summary of advice notes to be included on the decision notice

1.

If new drainage connections are to be made, the applicant should establish which drains are surface water and which are foul, and ensure that connections are made to the correct drain. Any new kitchen or bathroom facilities (such as baths, sinks, toilets, washing machines and dishwashers) must be connected to the foul sewer. Further advice is available online at www.connectright.org.

2.

Bats - Please note that bats are protected under the Conservation of Habitats and Species Regulations 2010 (as amended) and the Wildlife and Countryside Act 1981 (as amended). This includes bats and places used as bats roosts, whether bats are present at the time or not. If live bats or evidence of bats is unexpectedly found during the course of works, all works must cease and Natural England must be contacted immediately (0300 060 3900).

3.

Nesting Birds - Please note that all birds are protected by the Wildlife and Countryside Act 1981 (as amended). This protection also covers their nests and eggs. To avoid breaking the law, do not carry out work on trees, hedgerows or buildings where birds are nesting. The nesting season for most bird species is between March and September.

 

PAR

89    

Planning Application No. 16/P/1538/F Demolition of existing bungalow (C3 use). Construction of new single-storey building containing 4no. supported accommodation flats (C2 use) with associated landscaping and car parking at The Orchard 252 Pill Road, Abbots Leigh (Agenda item 14)

 

The Director of Development & Environment reported on an application for planning permission. The Director of Development & Environment’s representative drew Members’ attention to the update sheet a copy of which is filed on the Minute Book and in particular to the receipt of additional third party comments and to amendments to the refusal reasons.

 

Resolved: that the application be refused for the following reasons:

 

1.

The proposal constitutes inappropriate development in the Green Belt which, by definition and due to the scale and prominent position of the development, will be harmful to the openness of the Green Belt and conflict with the purposes of including land within it. No very special circumstances have been demonstrated that outweigh the harm caused and the proposal is therefore contrary to policies DM12 and DM40 of the North Somerset Sites and Policies Plan (Part 1).

2.

The proposed development, by virtue of its scale and position, would harm the historic character, appearance and importance of this grade II Registered Historic Park and Garden. The proposal is therefore contrary to policy DM5 of the North Somerset Sites and Policies Plan (Part 1).

 

The Committee adjourned at 5.30pm

____________________________________________

 

The Committee reconvened at 5.35pm

 

PAR

90    

Planning Application No. 16/P/2173/F Conversion and extension of existing barn to create 1no. dwelling. Replacement of 2no. existing farm buildings with 1no. new building creating a single dwelling and a further building to create 2no. dwellings and the change of use of agricultural land to domestic gardens at Waits Farm, Knightcott Road, Banwell (Agenda item 15)

 

The Director of Development & Environment reported on an application for planning permission. The Director of Development & Environment’s representative drew Members’ attention to the update sheet a copy of which is filed on the Minute Book and in particular to the receipt of additional information from the applicant as well as to a minor amendment to the recommendation.

 

Resolved: that the application be approved subject to the following conditions together with any additional or amended conditions which may be necessary in consultation with the Chairman and Vice-Chairman:

 

1.

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

2.

The development hereby permitted shall be carried out in accordance with the approved plans and documents to be listed on the decision notice.

3.

No work shall be commenced until samples of the materials to be used in the development have been submitted to and approved, in writing, by the Local Planning Authority. The development shall be carried out in the approved materials unless otherwise agreed in writing.

4.

Prior to the new dwellinghouses hereby permitted being brought into use, the parking area and erection of gates set back 6m from the road edge shall be provided in accordance with layout plan drawing no. PL3692/3 and surfaced using permeable materials. Thereafter, the permeable parking area and position of the gate shall be retained.  The parking area shall not be used except for the parking of vehicles in connection with the use of the dwelllinghouses hereby approved.

5.

No development shall take place until an assessment of the nature and extent of contamination on site has been submitted to and approved, in writing, by the Local Planning Authority. This assessment must be undertaken by a competent person, and shall assess any contamination on the site, whether or not it originates on the site. Moreover, it must include:

 

i. a survey of the extent, scale and nature of contamination;

ii. an assessment of the potential risks to:

·        human health

·        property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes

·        adjoining land

·        groundwaters and surface waters

·        ecological systems

·        archaeological sites and ancient monuments

6.

A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment has been submitted to and approved, in writing, by the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, an appraisal of remedial options, and proposal of the preferred option(s) and a timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

7.

The remediation scheme, if required, shall be implemented in accordance with the approved timetable of works. Within 3 months of the completion of measures identified in the approved remediation scheme, a validation report (that demonstrations the effectiveness of the remediation carried out) must be submitted to the Local Planning Authority.

8.

No development shall take place until details of the boundary treatment and a landscaping scheme to show the existing trees to be retained and proposed trees and hedgerows within the application site have been submitted to and approved, in writing, by the Local Planning Authority.

9.

No development shall commence until a plan showing the location and design of tree protection fencing has been submitted and agreed in writing by the Local Planning Authority and the agreed tree protection has been erected around existing trees to be retained.  Unless otherwise specified the fencing shall be as shown in Figure 2 of BS5837:2005 Trees in Relation to Construction - Recommendations and shall be erected to achieve root protection areas in accordance with BS5837: 2005 root protection area calculations and the location of the fencing will be informed by the recommendations of BS5837:2005. This fencing shall remain in place during site works. The Local Planning Authority is to be advised prior to development commencing of the fact that the tree/hedge protection measures as required are in place and available for inspection.

10.

All works comprised in the approved details of landscaping should be carried out in accordance with the approved details during the months of October to March inclusive following occupation of the building or completion of the development, whichever is the sooner.

11.

Trees and hedges 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.

12.

The units 2, 3 and 4 hereby approved shall not be occupied until measures to generate 10% (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 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.

13.

The dwellings shall not be occupied until details of a scheme for providing space and facilities for the storage and collection of waste have been submitted to and approved in writing by the Local Planning Authority and the approved scheme has been implemented. Thereafter the approved space and facilities for the storage and collection of waste shall be permanently retained unless otherwise agreed in writing with the Local Planning Authority.

14.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended), or any Order amending or revoking and re-enacting that Order, no extensions or external alterations to the dwelling referred to as unit 1 or no extensions to the dwellings referred to as units 2, 3 and 4 as shown on drawing no. PL3692/3 shall be carried out, other than those expressly authorised by this permission.

15.

The approved works shall be shall be carried out in accordance with the recommendations within paragraph 4 of the Bat Survey received 23 August 2016 unless otherwise agreed in writing by the Local Planning Authority.

Advice Note

Prior to commencement of the development hereby approved a development Licence from Natural England will be required.

 

PAR

91    

Planning Application No. 16/P/2141/F Erection of a two-storey front extension and a single-storey rear extension and extension to basement garage at 61 Hillside Road, Portishead (Agenda item 16)

 

The Director of Development & Environment reported on an application for planning permission.

 

Members considered that the proposed extension would not be out of keeping with the character of the area particularly given the diversity of architectural styles present in the location.

 

Resolved: that the application be approved subject to suitable conditions to be agreed in consultation with the local Ward Member.

 

PAR

92    

Planning Appeals (Agenda item 17)

 

The Director of Development & Environment reported on appeal decisions and appeals that had been lodged since the date of the last meeting.

 

Resolved: that the report be noted

 

 

                                                                                    ________________________________

                                                                                                                Chairman

                                                                                    ________________________________