Minutes

of the Meeting of the

Planning & Regulatory Committee

Wednesday, 11th January 2017

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

 

Meeting Commenced:  2.30pm      Meeting Concluded: 3.50pm

 

Councillors:

 

P  Peter Crew (Chairman)

P  Jill Iles (Vice-Chairman)

 

A  Elfan Ap Rees 

P  Felicity Baker 

P  Jan Barber 

A  Chris Blades 

P  Mary Blatchford 

P  Peter Burden (substitute for Reyna Knight)

A  Peter Bryant 

A  Mark Canniford 

P  Charles Cave 

P  Robert Cleland 

P  Andy Cole 

A  John Crockford-Hawley 

P  Bob Garner 

P  Ann Harley (substitute for Liz Wells)

A  David Hitchins 

P  Reyna Knight 

P  Tom Leimdorfer 

P  John Ley-Morgan 

P  Richard Nightingale 

A  David Pasley 

A  Dawn Payne 

P  Terry Porter 

P  David Shopland 

P  Richard Tucker 

A  Liz Wells 

P  Roz Willis (substitute for Peter Bryant )

 

 

P: Present

A: Apologies for absence submitted

 

Officers in attendance: Sue Buck (Corporate Services), Simon Exley (Development & Environment), Richard Kent (Development & Environment), Jackie Lower (Development & Environment), Julia Parkes (Democratic Services), Heather Sanders (Democratic Services), Andrew Stevenson (Development & Environment), Steve Thorne (Development & Environment), Roger Willmot (Development & Environment)

 

PAR

102          

Public speaking at planning committees (Standing Order 17A)

Planning Application No. 15/P/2828/O

 

Local resident Peter Walton addressed the Committee speaking against an application for planning permission at Wrington Lane, Congresbury.

 

On behalf of the applicant Chirstien Lee spoke in support of the proposal.

 

PAR

103          

Declaration of disclosable pecuniary Interest (Agenda item 3)

 

None.

PAR

104          

Minutes of the Committee Meeting held 14 December 2016 (Agenda item 4.1)

 

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

 

PAR

105          

Minutes of the Public Rights of Way Sub-Committee 29 March 2016 (Agenda item 4.2)

 

Resolved: that the minutes of the meeting be noted.

 

PAR

106          

Minutes of the North Somerset Local Access Forum 05 July 2016 (Agenda item 4.3)

 

Resolved: that the minutes of the meeting be noted.

 

PAR

107          

Planning Application No. 15/P/2828/O Outline application for the erection of up to 50 residential dwellings (including up to 30% affordable housing), structural planting and landscaping, informal public open space, surface water attenuation, vehicular access point from Wrington Lane and associated ancillary works.  All matters reserved with the exception of the main site access point at land off Wrington Lane, Congresbury (Agenda item 6)

 

The Director of Development & Environment reported on an appeal against non-determination.  The Director of Development & Environment’s representative drew Members’ attention to the update sheet and in particular to proposals for the provision of a continuous footway along Wrington Lane that officers considered overcame the highway safety objection and as a consequence the recommendation had been amended.  The update also referred to the submission of additional information regarding the ecological impacts of the development.

 

A motion to defend the appeal on the grounds that permission would have been refused had the Committee been afforded the opportunity to determine the application was seconded and debated. Five Members of the Committee then signified their support for a named vote and the voting was as follows:

 

For the Motion (9)

Jan Barber, Charles Cave, Andy Cole, Ann Harley, Jill Iles, Tom Leimdorfer, John Ley-Morgan, David Shopland, Richard Tucker

 

Against the Motion (8)

Felicity Baker, Mary Blatchford, Peter Burden, Peter Crew, Bob Garner, Richard Nightingale, Terry Porter, Roz Willis

 

Abstentions (1)

Robert Cleland

 

The Motion having been carried it was,

 

Resolved:

 

1)      that had the Committee been able to determine the application permission would have been refused for the following reasons:

 

1.

The scale and form of development is excessive and would have an adverse effect on the character and setting of the village contrary to policies CS32 and CS12 of the North Somerset Core Strategy, and policy DM32 of the North Somerset Sites and Policies Plan Part 1.

2.

The proposal would generate additional traffic movements onto a local road network with inadequate footpath links to the village leading to danger to road users and pedestrians.  The inadequate footpath links  would result in future occupants having reliance on the private car and therefore in its current form the site is unsustainable contrary to policies CS10 of the North Somerset Core Strategy, and policies DM24 and DM25 of the North Somerset Sites and Policies Plan Part

3.

Insufficient information has been provided regarding the proposed surface water drainage proposals to allow the Local Planning Authority to be sure that surface water flooding issues would not be exacerbated contrary to policies CS3 of the North Somerset Core Strategy and policy DM1 of the North Somerset Sites and Policies Plan Part 1.

4.

Insufficient information has been provided regarding the potential impacts on bat flight corridors and foraging grounds and whether any impacts can be satisfactorily mitigated contrary to policies CS4 of the North Somerset Core Strategy and policy DM8 of the North Somerset Sites and Policies Plan Part 1 and the North Somerset Biodiversity SPD

 

2)      that the appeal be defended on this basis.

 

The Director of Development’s representative reminded members that as a Section 1 item determined contrary to the officers’ recommendation the application would be held over to the next meeting in accordance with the scheme of delegation, to enable the Committee to confirm the decision.  Councillor Leimdorfer queried whether this was necessary in light of the officers’ recommendation having changed immediately prior to the meeting.  The officers undertook to clarify the position before the next meeting.

 

PAR

108          

Planning Application No. 16/P/2051/O Outline application for the erection of 3no. dwellings with new access onto Churchill Green.  Matters of appearance, landscaping layout and scale reserved for subsequent approval at land to the north west of Lyncombe Farm, Churchill Green, Churchill (Agenda item 7)

 

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

 

Resolved: that subject to the submission of the results of satisfactory ecological surveys demonstrating no overriding adverse impacts on the protected species of reptiles the application be approved subject to the following conditions together with any additional or amended conditions that may be required in consultation with the Chairman and Vice-Chairman:

 

1.

Approval of the details of the layout, scale, appearance of the buildings 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 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 development hereby permitted shall be carried out in accordance with the approved plans and documents to be listed on the decision notice.

5.

The development shall be designed and all works shall be carried out in strict accordance with the recommendations to be set out in the   report of the six refugia surveys for the protected species of reptiles.  Once the advice is received any mitigation measures shall be incorporated into the development as approved and shall be maintained permanently.

6.

All the derelict horticultural buildings and structures on the application site shall be taken down and all materials shall be completely removed from the application site.

7.

The details submitted under condition 1 of this permission shall include the external walling and roofing materials to be used in the building works for the dwellings and garages hereby permitted.  Once these details are approved the development shall be carried out 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.

8.

The full details of the site access, its size, surfacing and visibility splays shall be submitted with the reserve matters application.  Once approved the access and visibility splays shall be retained permanently in accordance with the approved plans.

9.

The details submitted under condition 1 of this permission shall include plans showing the shared road, driveways and parking areas for the dwellings and details of surfacing.  The shared road, driveways and approved parking areas shall be properly consolidated and surfaced in accordance with the approved details before the dwellings are occupied and shall thereafter be permanently retained and shall not be used except for the parking of vehicles in connection with the dwellings hereby permitted.

10.

The details submitted under condition 1 of this permission shall include plans of landscaping and boundary treatments for the development and once approved all works 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.

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 details submitted under condition 1 of this permission shall include plans showing details of foul and surface water drainage together with a programme of implementation for the three dwellings. Such works shall be carried out in accordance with the approved details, prior to the occupation of the dwellings.

13.

The details submitted under condition 1 of this permission shall include plans showing 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.  Once approved the dwellings hereby permitted shall not be occupied until such measures have been installed on site and are fully operational in accordance with those details. Thereafter, the approved technologies shall be permanently retained unless otherwise first agreed in writing by the Local Planning Authority.

14.

The details submitted under condition 1 of this permission shall include plans showing a scheme for providing space and facilities for the storage and collection of domestic waste.  Once approved the dwelling shall not be occupied until 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.

15.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended), or any Order revoking and re-enacting that Order, any windows shown on the detailed plans submitted at Reserved Matters Stage to be obscure glazed shall be glazed permanently with glazing that provides a degree of obscuration no less obscure than that which is provided by privacy level 3 of the Pilkington Group Limited textured glass range as defined in publication "Pilkington Textured Glass Range" (published January 2010).  This window shall be non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed.

16.

The garages hereby permitted shall not be used except for private and domestic purposes and shall at no times be used for any commercial or business purposes whatsoever.

 

PAR

109          

Planning Appeals (Agenda item 8)

 

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

                                                                                    ________________________________