THIS DOCUMENT IS IN DRAFT STATUS ONLY

 

 


Draft Minutes

of the Meeting of the

Planning & Regulatory Committee

Wednesday, 12th April 2017

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

 

Meeting Commenced:  2.30pm      Meeting Concluded: 4.18pm

 

Councillors:

 

P  Peter Crew (Chairman)

P  Jill Iles (Vice-Chairman)

 

P  Elfan Ap Rees 

P  Felicity Baker 

P  Jan Barber 

P  Chris Blades 

P  Mary Blatchford 

    Peter Bryant 

P  Peter Burden (substitute for Reyna Knight)

P  Mark Canniford 

P  Charles Cave 

P  Robert Cleland 

P  Andy Cole 

P  John Crockford-Hawley 

P  Bob Garner 

P  Ann Harley (substitute for Dawn Payne)

P  David Hitchins 

A  Reyna Knight 

P  Tom Leimdorfer 

P  John Ley-Morgan 

P  Richard Nightingale 

P  David Pasley 

A  Dawn Payne 

P  Terry Porter 

P  David Shopland 

P  Richard Tucker 

A  Liz Wells 

 

 

 

P: Present

A: Apologies for absence submitted

 

Also in attendance: Councillor Lisa Pilgrim

 

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

 

PAR

134          

Public Speaking at Planning Committees (SO 17A)

Planning Application No. 17/P/0233/F

 

Representing the applicant Simon Proctor addressed the meeting speaking in support of an application for planning permission at Long Lane, Backwell.  

 

PAR

135          

Public Speaking at Planning Committees (SO 17A)

Application No. 17/P/0436/PDT

 

Local resident Nicola Hodges addressed the meeting speaking against an application for prior approval at Clevedon Golf Club.

 

PAR

136          

Public Speaking at Planning Committees (SO 17A)

Application No. 17/P/0517/PDT

 

Local resident William Jeffries addressed the meeting speaking against an application for prior approval at Worlebury Golf Club.

 

PAR

137          

Declaration of Disclosable Pecuniary Interest (Agenda item 3)  

 

None.

 

PAR

138          

Minutes of the committee meeting held on 08 March 2017 (Agenda item 4.1)

 

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

 

PAR

139          

Public Rights of Way Sub-Committee 15 November 2016 (Agenda item 4.2)

 

            Resolved: that the minutes of the meeting be noted.

 

PAR

140          

Planning Application No.  17/P/0233/F Erection of 4no. detached dwellings with associated landscaping following demolition of the former BT Radio Research Laboratory buildings and associated hardstanding at former BT Radio Research Laboratory, Long Lane, Backwell (Agenda item 6)

 

The Director of Development & Environment reported on an application for planning permission. The Director of Development and Environment’s representative drew Members’ attention to the update sheet and in particular to further comments from the Council’s Access Officer concerning improvements to and maintenance of the approach to the site and as a consequence the officers were now proposing the inclusion of an advice note  encouraging the applicant to address these issues.

 

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.

No construction of buildings 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.

The dwellings 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 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.

5.

The dwelling(s) 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.

6.

No dwelling shall be occupied until the roads shown on approved plans, including footpaths and turning spaces, where applicable, 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.

7.

The dwellings hereby approved shall not be occupied until their parking areas have been constructed and the parking spaces marked out in accordance with the approved plans and these parking spaces shall thereafter be permanently retained and shall not be used except for the parking of vehicles in connection with the development hereby approved.

8.

Details of any external illumination shall be submitted to and approved, in writing, by the Local Planning Authority before the use hereby permitted commences.  The submitted details shall comply with the lighting specification contained in the Lighting Mitigation Strategy accompanying the application.  No means of external illumination shall be installed other than in accordance with the approved details.

9.

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.

10.

Unless the Local Planning Authority confirms in writing that a remediation scheme is not required, no development shall take place until 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.

11.

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 demonstrates the effectiveness of the remediation carried out) must be submitted to the Local Planning Authority.

12.

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

13.

No development shall commence until an ecological management plan for the site has been submitted to and approved in writing by the Local Planning Authority.  The management plan shall include a detailed scheme of mitigation measures to be incorporated within the development, including a timetable for the monitoring of the impact of the development on the ecological features and details for the permanent management of the land.  The development and the requirements of the management plan shall subsequently be carried out in accordance with the approved details.

14.

No development shall take place until details of a landscaping scheme for the site have been submitted to and approved, in writing, by the Local Planning Authority.

15.

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.

16.

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.

17.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015, or any order amending or revoking and re-enacting that Order, no extensions to the dwellings shall be carried out.

18.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015, or any order amending or revoking and re-enacting that Order, no gates, fences, walls or other means of enclosure (other than those expressly authorised by this permission) shall be erected or constructed on any boundaries of the site, or elsewhere within the site.

19.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015, or any Order amending or revoking and re-enacting that Order, no additional garages shall be erected without the consent of the Local Planning Authority in writing.

20.

Prior to the commencement of development an archaeological mitigation strategy shall be submitted to and approved in writing by the Local Planning Authority.  The strategy shall identify and record all of the existing buildings prior to their demolition and removal.  The strategy shall also include the following:

·      A Written Scheme of Investigation setting out a programme of archaeological investigation and recording;

·      A sound geoarchaeological/palaeoenvironmental sampling strategy, with provision for deposit modelling;

·      A detailed mitigation strategy to ensure the retention in situ or removal where appropriate of any significant archaeology;

·      Provision to be made for publication and dissemination of the analysis and records of the site investigation, including appropriate archiving strategies;

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

Advice Note

1.

The applicant is advised to consider making a contribution towards the maintenance of the footpath leading to the site and to agree this with the local land owner.

 

PAR

141          

Application No. 17/P/0436/PDT Prior approval of proposed installation of telecommunications apparatus; 24 metre mast, 2no. dishes and 2no. cabinets at land at Clevedon Golf Club, Castle Road, Clevedon (Agenda item 10)

 

The Chairman varied the order of the agenda taking the following two items next.  The Director of Development & Environment reported on an application for Prior Approval. The Director of Development and Environment’s representative drew Members’ attention to the update sheet and in particular to the submission of amended plans, the receipt of additional third party comments and to a minor typographical correction.  The Committee was also advised of further comments from the Council’s Tree officer concerning the impact on trees and biodiversity and as a consequence the officers’ recommendation had changed to refusal.

 

Members considered that the proposed mast would be too high and prominent.

 

Resolved:  that Prior Approval is required and hereby refused for the following reasons:

 

The proposed mast would be unacceptably prominent and insufficient information has been submitted to allow a full assessment of the impact of the proposals on the existing trees on site and, in the absence of details to the contrary, the proposal for installation of the mast and the access for construction and maintenance of the mast is considered to result in the significant loss of trees which would adversely affect the biodiversity of the area, and as such the proposal is contrary to policy DM8, DM9, DM10and DM32 of the Sites and Policies Part 1, policies CS/4, CS/5, and CS/9 and CS/12 of the North Somerset Core Strategy, section 7 and 11 of the NPPF and the supplementary planning document 'Biodiversity and Trees' and of the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 20061)

 

PAR

142          

Application No. 17/P/0517/PDT Prior notification of proposed installation of telecommunications apparatus of 1no. 12.5m shrouded monopole, 2no. 300mm microwave dishes and 2no. equipment cabinets on Highway land adjacent to Worlebury Golf Club, Monks Hill, Weston-super-Mare (Agenda item 11)

 

The Director of Development & Environment reported on an application for Prior Approval. The Director of Development and Environment’s representative drew Members’ attention to the update sheet and in particular to additional information submitted by the applicant regarding coverage, details of other sites considered, the repositioning of the mast to an alternative position and to amended plans clarifying the precise location. The Committee was also advised of the receipt of further third party comments.

 

Members considered that the proposed mast would be unacceptably prominent and a visual intrusion on the area.

 

Resolved: that Prior Approval is required and hereby refused for the following reasons:

 

The proposed monopole would be sited in a prominent position within the street scene between Milton Hill/Monks Hill and Worlebury Hill Road. Its design in relation to other street furniture in the area and the residential scale of adjacent buildings will detract from the street scene and harm visual amenity in the Area.  As such the proposal will be contrary to Policy CS5 and CS12 of the North Somerset Core Strategy and Policies DM10 and DM32 of the Sites and Policies Plan Part 1.

 

PAR

143          

Planning Application No. 16/P/3009/RG3 Erection of a detached two storey building to create a new dining and classroom facility within existing school site, following demolition of a single storey classroom block at Gordano School, St Marys Road, Portishead (Agenda item 7)

 

The Director of Development & Environment reported on an application for planning permission. The Director of Development and Environment’s representative drew Members’ attention to the update sheet and in particular to the receipt of additional information from the applicant concerning the archaeological evaluation undertaken and that Scheduled Monument Consent was required.  As a consequence the officers were now proposing an additional condition to ensure that archaeological interests were protected.

 

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.

No work on the construction of walls and roof 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.

The building shall not be occupied until a modified 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. The modified travel  plans shall incorporate an initial travel survey  within 3 months of the new facilities being brought into use and shall thereafter provide survey data after 3 years and then at 5 years after the first survey. The modified travel plan shall also set out additional mitigation for parking and travel should it be shown that the expected modal split has not been achieved and shall identify the location and timescale for relocation of the cycle parking removed to construct the building. The approved travel plan shall thereafter be implemented in accordance with its recommendations and shall be integrated into the wider, existing travel plan for the school to the satisfaction of the Local Planning Authority.

5.

The building hereby approved shall not be occupied until the solar panels  as shown on drawing number 3587 0202 and described in the Sustainability Statement dated 27 February 2017 have been installed in accordance with the submitted details and is fully operational. Thereafter, the solar panels shall be permanently retained in accordance with the approved details unless otherwise first agreed in writing by the Local Planning Authority.

6.

No new groundworks shall take place within the site until the implementation of a programme of archaeological work has been secured, in accordance with a written scheme of investigation, which has first been submitted to and approved in writing by the Local Planning Authority. The programme of archaeological work should provide a controlled watching brief during groundworks on the site, with provision for excavation of any significant deposits or features encountered, and shall be carried out by a competent person(s) or organisation and completed in accordance with the approved written scheme of investigation. This programme of work shall not commence until Scheduled Monument Consent has been granted.

 

PAR

144          

Application No. 17/P/0356/LDE Application for certificate of lawfulness for existing use of land for commercial storage of caravans and motor homes at Dowlais Farm, Lower Strode Road, Clevedon (Agenda item 8)

 

The Director of Development & Environment reported on an application for a certificate of lawfulness for the existing use of the land for the commercial storage of caravans and motorhomes.  The Director of Development and Environment’s representative drew Members’ attention to the update sheet and in particular to clarification of whether the Council’s was able to determine its own application.  As a consequence the officers’ recommendation had changed from that set out in the committee report and the application would now be referred to the Secretary of State for determination.

 

Resolved:

 

1)      that the application be referred to the Secretary of State for determination with a recommendation that the certificate of lawfulness be granted; and  

 

2)      that should the Secretary of State decide that it does not fall to him to determine the application, then the application be granted.

 

PAR

145          

Planning Application No. 16/P/0956/F  Erection of 1no. three bedroom dwelling at 40 Manor Road, Weston-super-Mare (Agenda item 9)

 

The Director of Development & Environment reported on an application for planning permission.  The Director of Development and Environment’s representative drew Members’ attention to the update sheet and in particular to the receipt of additional third party comments.

 

Members considered that the application did not overcome any of the concerns raised in respect of the previous application, citing concerns about the cramped form of development of poor design and out of keeping with the character of the area, which would result in an inadequate garden area for no. 40 and would be overbearing to the occupiers of the surrounding houses.

 

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

 

The proposed dwelling will represent a cramped form of development and a poor design, which is out of keeping with the character of the area and will result in an inadequate garden area for no. 40 Manor Road and it will be overbearing to the occupiers of the surrounding houses and as such the proposal is contrary to the advice in the National Planning Policies Framework and policies CS12  of the North Somerset Core Strategy and policies DM32 and DM37 of the emerging North Somerset Sites and Policies Plan Part 1.

 

PAR

146          

Planning Application No. 17/P/0191/F  Conversion of garage to garden room and store at The Longhouse, 25 East Street, Banwell (Agenda item 12)

 

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 listed on the decision notice.

 

PAR

147          

Planning Appeals (Agenda item 13)

 

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.

 

PAR

148          

Delegation arrangements for planning applications (Agenda item 14)

 

The Director of Development & Environment reported on a review of the process for referring applications to Committee for decision. The Committee noted that the arrangements had last been updated in 2014 and a number of changes were now proposed in order to improve the efficiency of the process.  The Director of Development and Environment’s representative drew Members’ attention to the update sheet which included further improvements to the protocol.

 

Discussing the proposed changes to the arrangements Members agreed that in addition to the Ward Member(s) the Chairman and Vice-Chairman should similarly be able to refer an application to the Committee if they considered it appropriate to do so and also that the proposed provisions for a Member’s long-term illness would equally apply in the event of a vacancy within a ward.

 

Resolved: that subject to the inclusion of the changes on the update sheet and the amendments agreed by the Committee to (1) allow the Chairman and Vice-Chairman to have powers to refer applications to the Committee as well as the Ward Member(s) and (2) where a Council seat becomes vacant to allow Group Leaders to authorise another councillor to exercise the powers to request applications in that ward to be decided by the Committee, the updated Protocol and Code of Practice set out in the report be approved with immediate effect.

 

 

 

 

 

 

 

 

                                                                                    ________________________________

                                                                                                                Chairman

                                                                                    ________________________________