Contact:

Direct Dial:    01934 634911

Contact:          Jou Pyke

E-mail:            joanna.pyke@n-somerset.gov.uk

Date:               8th April 2003

 

 

 

 

 

 

 

 

 

 

 

 

 

Dear Sir or Madam

 

South Area Committee

Wednesday 23rd April 2003, 6.00 p.m., New Council Chamber, TOWN HALL

 

A meeting of the Committee will take place as indicated above.  The agenda is set out overleaf.

A Members are requested to retain the report of the Director of Development and Environment for use at site inspections, where appropriate.

 

Parish Voice is scheduled for 5.30 pm in the Kenn Room.  Please note, however, that at the time of the agenda preparation no items of business have been received.

 

 

 

Yours faithfully

 

 

 

Solicitor to the Council

 

 

 

 

To:       Members of the Committee

 

Councillors:

 

Hugh Parsons (Chairman), Ann Harley(Vice-Chairman), Elfan Ap Rees, Leslie Crutchley, Rosey Knifton, Anthony Lake, Ian Peddlesden, Ian Porter, Deborah Yamanaka, Jan Young

 

 

 

 

All other Members of the Council (for information)

Joanna Pyke, Democratic Services, 01934-634911

 


 PARISH VOICE

 

Local councils may discuss matters of concern with District Councillors.  The matters must be notified to the Contact Officer at the top of this summons letter prior to the commencement of the meeting in accordance with the deadline dates previously circulated to all Chairmen and Clerks to Local Councils.

 

AGENDA

 

1                    Public Participation/Petitions/Deputations (Standing Order 17 & 17A)

To receive and hear any person who wishes to address the Committee.  The Chairman will select the order of the matters to be heard.  Each speaker will be limited to a period of five minutes for public participation non-planning matters (up to a maximum of 30 minutes) and three minutes for the applicant/supporters and three minutes for objectors on a planning application (up to a maximum of 30 minutes).

 

2                    Apologies for Absence

3                    Declarations of Interest by Members

4                    Minutes of the Meeting held on 19th March 2003 - to be confirmed as a correct record and signed by the Chairman (copy attached – page 5)

5                    Matters referred by the Council, the Executive or other Committees

None

 

6                    Development Control – Report of the Director of Development and Environment

Section 1 – for decision by Planning and Regulatory Committee (if appropriate)

 

None

 

Section 2 – for decision by the Area Committee

 

6.1              03/P/0348/F     Erection of a ‘Portakabin’ to provide pre school facilities at Wrington Primary School (page 13)

 

6.2              03/P/0121/F     Proposed erection of timber clad pig breeding unit at land adjacent to Walnut Barn, Church Lane, Hutton (page 21)

 

6.3              03/P/0222/F     Alterations to design of approved extension to provide a shop front to forma lock up shop at Cullens Garage, Churchill (page 29)

 

6.4              03/P/0562/F     Re-alignment of fence and erection of greenhouse at 21 Observatory Field, Winscombe (page 33)

 

6.5              03/P/0685/F     Replacement of windows at Banwell Primary School, West Street, Banwell (page 37)

 

 

 

6.6              03/P/0021/E     Unauthorised change of use from agricultural to stationing of caravans for residential use at O.S Plot No. 3637 adjoining A370 Hewish, Puxton (page 40)

 

Section 3 for information

 

6.7              Delegated Decisions (page 46)

 

6.8              Appeals (page 50)

 

Section 4 – for consultation

 

6.9              Wildlife and Countryside Act 1981 – Section 53, Section 14 – Definitive Map Modification Order in respect of claimed byway open to all traffic at Public Footpath AX3/23, Towerhead, Banwell (page 52)

 

7                    Report of the Solicitor to the Council – Certificate of Lawfulness

Proposed use of a building at Sunnyside, Mill Lane, Butcombe as a dwelling house (Granny House/Guest’s House) Application No. 03/P/0160/LUP (page 67)

 

8                    Area Committee Budget Bidding – Report of the Head of Corporate Policy – to follow

9                    Urgent Business permitted by the Local Government Act 1972

Any item of business which the Chairman is of the opinion should be considered at the meeting as a matter of urgency by reason of special circumstances (to be specified in the Minutes).  For a matter to be considered as an urgent item, the following questions must be addressed:

"What harm to the public interest would flow from leaving it until the next meeting?" If harm can be demonstrated, then it is open to the Chairman to rule that it be considered as urgent.  Otherwise the matter cannot be considered urgent within the statutory provisions.

 

 

 


EXEMPT ITEMS

 

Should the Committee wish to consider a matter as an Exempt Item, the Committee will be invited to pass the following resolution –

 

“(1)      That the press, public, and officers not required by the Members, the Chief Executive or the Director, to remain during the exempt session, be excluded from the meeting during consideration of the following item of business on the ground that its consideration will involve the disclosure of exempt information as defined in Section 100I of the Local Government Act 1972.”

 

Also, if appropriate, the following resolution should be passed –

 

“(2)      That members of the Council who are not members of this Committee be invited to remain.”

 

MOBILE PHONES, PAGERS AND SIMILAR CALLING DEVICES

 

All persons attending this meeting are requested to turn off these devices in accordance with the Council’s statement concerning disturbance caused by such apparatus.  The Chairman may approve an exception to this request in special circumstances.

 

EMERGENCY EVACUATION PROCEDURE

 

ON HEARING THE ALARM – (a continuous two tone siren)

 

Leave the room by the nearest exit door.    Ensure that windows are closed.

Last person out to close the door.

 

DO NOT stop to collect personal belongings.

 

DO NOT use the lifts.

 

FOLLOW the green and white exit signs and make your way to the assembly point.

 

DO NOT re-enter the building until authorised to do so by the Fire Authority.

 

GO TO ASSEMBLY POINT D – THE CAR PARK OPPOSITE MAIN RECEPTION

 

The agenda conference

 

The Chairman, Vice-Chairman and Officers

will be held on Wednesday, 23rd April at 9.00 am in the Kenn Room.


                           AGENDA ITEM 4

DRAFT

MINUTES

OF THE MEETING OF THE

South Area Committee

Wednesday 19th March 2003

HELD AT THE TOWN HALL, WESTON-SUPER-MARE, SOMERSET.

 

Meeting Commenced:  6.00 p.m.        Meeting Concluded:      7.13 p.m.

 

PRESENT:  Councillors  Hugh Parsons (Chairman), Ann Harley (Vice-Chairman),  Leslie Crutchley, Rosey Knifton, Anthony Lake, Ian Peddlesden, Ian Porter, Deborah Yamanaka, Jan Young

 

APOLOGIES FOR ABSENCE:  Councillor Elfan Ap Rees

 

 

SAC

47     

Public Speaking at Area Committees and Standing Order 17A

Mr J. J. Lundy

 

Mr Lundy addressed the Area Committee, and spoke against Planning Application 02/P/2875/F change of use from agricultural field to caravan park at Cypress Farm, Wick St. Lawrence, on behalf of local residents.  He raised concerns regarding the change from a “touring” site to a caravan park.  The residents had no objection to the current use.  Other issues raised included loss of privacy for neighbours and increased traffic through the village of Wick St Lawrence.

SAC

48     

Declarations of Interest by Members

 

Councillor Lake – a personal, non- prejudicial interest in Agenda Item 7 Area Budget Bidding (1) relating to Sandford Village Hall Trust as he is a member of the Hall Trust.

 

Councillor Porter – a personal, prejudicial interest in Agenda Item 6.1 relating to Proposed Magistrates Court buildings, as he is a Magistrate.

 

SAC

49     

Minutes of the Meeting held on 19th February 2003

 

            RESOLVED: that the minutes of the meeting be approved as a correct record and signed by the Chairman.

 

PART 1 – RECOMMENDATIONS TO THE PLANNING AND REGULATORY COMMITTEE

 

None

 

PART 2 – DECISIONS OF THE AREA COMMITTEE

 

6.05 COUNCILLOR PORTER HAVING PREVIOUSLY DECLARED A PERSONAL PREJUDICIAL INTEREST LEFT THE ROOM

SAC

50     

02/P/2338/F – Proposed Magistrates’ Court building and Office Headquarters building for the Magistrates and Probation Services – land adjacent to B3340, Bristol Road, Homebase, Worle (Agenda Item 6.1)

 

The Acting Director of Development and Environment reported on the above application and advised on additional comments following re-notification of revision to plans dated 4th March 2003, contained in the update sheet (a copy of which is filed on the signed minute book).  It was reported that West Area Committee had received the report for consultation earlier in the day and had expressed concerns regarding traffic signalling at the Queensway Junction.

 

In considering the report Members expressed concerns relating to traffic signalling and previously agreed works to be carried out at the Queensway Junction.  The Chairman of the Committee undertook to speak to the Executive Member for Strategic Planning on the matter.

 

RESOLVED:  that the application be APPROVED subject to the following conditions:-

 

1.            The development hereby permitted must be begun not later than the expiration of five years from the date of this permission.

2.       No development shall take place until full details of a landscape scheme which shall be in accordance with the approved master plan and include both hard surfacing and planting have been submitted to and approved, in writing by the Local Planning Authority.

3.       No development shall commence until full details of the design of the open plaza area at the front of the building and which shall contain an identified element of public art have been submitted to and approved by the Local Planning Authority. The scheme shall be fully implemented in accordance with the approved plans.

4.       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 building or completion of the development, whichever is the sooner.

5.       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.

6.       No development shall be commenced until drainage details have been submitted to and approved by the Local Planning Authority.  Such works shall be carried out concurrently with the development to a programme to be submitted to and approved, in writing, by the Local Planning Authority.

7.       The Office building hereby permitted shall not be open to the public outside the hours of 0700 and 2100 Monday to Friday and shall not be open to the public on Saturdays, Bank Holidays and Sundays.  The Court Building hereby permitted shall not be open to the public outside the hours of 0700 and 2100 Monday to Friday and 1000 and 1600 on Saturdays and Bank Holidays and shall not be open to the public at all on Sundays.

8.       Notwithstanding the submitted plans and information, no development shall commence until full details of the proposals for illumination of the external areas of the site, including a lighting contour plan and details of the design of lamps and supporting structures have been submitted to and approved in writing by the Local Planning Authority. The works shall be carried out in full in accordance with the approved details and the approved lighting contour plan shall not be exceeded without the prior permission of the Local Planning Authority.

9.            The noise rating level from fixed plant and machinery when measured in accordance with the British Standard 4142 shall not exceed the background noise level by more than 5dB(A) when measured at the boundary of the nearest residential property, unless otherwise agreed in writing with the Local Planning Authority.

10.        The public car parks shall be locked at all times that the complex is closed to the public.

11.        Notwithstanding the submitted details of external materials no works shall commence until samples and /or sample panels of external materials, including for walls, roofs, fenestration, doors and surfacing materials including paviours have been constructed on site or submitted for the approval of the Local Planning Authority. No work shall commence until the written approval of the Local Planning Authority to the materials has first been obtained and no variations to the approved details shall take place without the written approval of the Local Planning Authority.

12.     Use of the development shall not commence until properly surfaced and consolidated parking and turning area have been constructed in accordance with the approved plans. These areas shall be used for no other purpose.

13.     No development shall be commenced until full details of a Green Transport Plan and its proposed timescales for implementation have been submitted to and approved by the Local Planning Authority.  This Plan shall be implemented in accordance with the approved details at all times, unless amendments are first submitted to and approved by the Local Planning Authority.

14.     Prior to the occupation of the building hereby approved full details of the provision for cycle parking shall be submitted to and approved, in writing, by the Local Planning Authority and the approved scheme carried out in full.

15.     Prior to occupation of the building hereby approved an illuminated traffic island and right hand turning lane shall be constructed within the existing carriageway at the access to the site from The Hedges, in accordance with details to be submitted to and approved by the Local Planning Authority.

16.     No development shall commence until fully detailed drawings and cross sections showing the proposed treatment of all doors and windows and window surrounds have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in complete accordance with the approved scheme.

17.     Notwithstanding the submitted plans and information, no development shall commence until full details of the proposals for CCTV cameras and security fencing have been submitted to and approved in writing by the Local Planning Authority. The works shall be carried out in full in accordance with the approved details and shall not be varied without the prior permission of the Local Planning Authority.

 

Advice Notes

 

1.            The applicant should be aware that the proposed drainage should conform to the comprehensive and strategic drainage layout of the St Georges Development Area.

 

2.            The applicant is advised to contact the West Mendip Internal Drainage Board to discuss the need for Land Drainage Consent for the development.

 

3.            The applicant will need to enter into a separate agreement  with the Council as the local highway authority for the design and implementation of any works on the public highway.  The applicant/developer is advised to contact Highway Services on 01275 882001.

 

6.17 PM COUNCILLOR PORTER RETURNED TO THE MEETING

SAC

51     

02/P/2875/F – Change of use from agricultural field to caravan park at Cypress Farm, Wick St Lawrence (Agenda Item 6.2)

 

The Acting Director of Development and Environment reported on the above application and further comments as detailed in the update sheet (a copy of which is filed on the signed minute book).

 

RESOLVED:  that subject to the Environment Agency removing their objection, the planning application be APPROVED subject to the following conditions:-

 

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

2.            The use of the land to which the application relates shall be restricted to the use of touring caravans only and no more than 15 touring caravans shall be on the site at any one time.

3.            No caravans shall remain on site between 1 November in any one year and 28 February in the succeeding year.

4.            No development approved by this permission shall be commenced until a scheme for the provision of foul and surface water drainage works have been submitted to and approved in writing, by the Local Planning Authority.  The scheme shall be completed in accordance with the approved plans and details before the use of the land as a touring caravan site commences.

5.            The existing toilet block shall be painted dark green (BS 10 c 35: Topaz) in accordance with the details received on 3 March 2003 prior to the use of the site commencing.

6.       No external lighting shall be erected on any part of the site, without the permission, in writing, of the Local Planning Authority.

7.       All details comprised in the approved details of landscaping as shown on drawing number 02/12/49-BP (revision B) shall be carried out in first available planting season (October to March) following this approval.

8.            Trees, hedges and plants shown in the landscaping scheme to be retained or planted which, during the development works or a period of five years following full implementation of the landscaping scheme, are removed, without the 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.

9.            No hard standings, other than those shown on drawing number 02/12/49-BP (revision B), shall be constructed on site unless first submitted to and approved in writing by the Local Planning Authority.

10.        The caravans stationed at this site shall only be used for the purposes of tourist accommodation and shall not be used as permanent residential accommodation at any time whatsoever.

 

Advice Note

 

Under The Caravan Sites and Control of Development Act 1960, a site licence is required in order to use this land as a touring caravan facility.  For further information on this matter please contact Private Housing Services on 01275 884431.

SAC

52     

A) 03/P/0149/RG3 and B) 03/P/0410/RG3 – Construction of Dance Studio with integral recording facilities, Art Studios including a dark room, all forming a major extension to the existing Drama Studio at Churchill Secondary School, Churchill Green, Churchill (Agenda Item 6.3)

 

The Acting Director of Development and Environment report on the application and drew member’s attention to the update sheet (a copy of which is filed on the signed minute book).

 

RESOLVED:  that Planning Application A) 03/P/0149/RG3 and B) 03/P/0410/RG3 be APPROVED subject to the following conditions:-

 

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

2.            The building hereby granted shall not be used except between 08:00 Hours to 21:00 Hours Mondays to Saturdays and 09:00 Hours to 17:00 Hours on Sundays.

3.            Live or pre-recorded music or other amplified sounds operated inside the building shall be inaudible at the residential curtilage of the closest residential property.

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

5.      No development shall be commenced until drainage details including land drainage where applicable have been submitted to and approved by the Local Planning Authority.  Such works shall be carried out concurrently with the development to a programme to be agreed and approved, in writing, by the Local Planning Authority.

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

7.       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 building or completion of the development, whichever is the sooner.

8.       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.

SAC

53     

03/P/0205/RG4 – Temporary ‘Elliott’ type classroom with access ramp and toilets including disabled facilities at Winford Primary School, High Street/Parsonage Lane, Winford (Agenda 6.4)

 

The Acting Director of Development and Environment presented a report.

 

RESOLVED:  that the application be APPROVED subject to the following conditions:-

 

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

2.      Samples of the external colour finish of the classroom shall be submitted to and approved in writing by the Local Planning Authority, before the classroom is erected on the site.

SAC

54     

03/P/0226/F – 2 Bay Elliott building link to existing Elliott Classroom with alterations to existing Elliott Unit at Dundry Primary School, Dundry (Agenda Item 6.5)

 

The Acting Director of Development and Environment reported on the application and drew member’s attention to the update sheet (a copy of which is filed on the signed minute book).

 

RESOLVED:  that the application be APPROVED subject to the following conditions:-

 

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

2.            No development shall be commenced until drainage details have been submitted to and approved by the local planning authority.

SAC

55     

Applications determined by the Officers (Agenda Item 6.6)

 

The Acting Director of Development and Environment reported on applications that had been determined by the officers under delegated authority.

 

RESOLVED:  that the decisions contained in Section 3 of the Report of the Director of Development and Environment dated 19th March 2003 be noted.


SAC

56     

Planning Appeals (Agenda Item 6.7)

 

Planning Appeal Decisions

 

None.

 

Planning Appeals Received

 

02/P/1256/F – Two storey residential dwelling with detached garage – Leg Lane, Bristol Road, Winscombe – Mrs F Greensides.

 

02/P/1920/F – Use of land for siting 12 static holiday caravans – Land at Sand Farm, Sand Farm Lane, Sand Bay, Weston super Mare – J A Vowles.

SAC

57     

Consultation on a Planning Application (Bristol City Council) – Proposed Park and Ride, Yew Tree Farm, Bridgwater Road, Bedminster Down, Bristol (Agenda Item 6.8)

 

The Acting Director of Development and Environment presented a report that described a planning application made to Bristol City Council and assessed the application and environmental statement submitted with it.  He referred to the update sheet (a copy of which is filed on the signed minute book).

 

RESOLVED:

 

that Bristol City Council should be advised of the following:

 

(1)          that the proposal appears premature in pre-empting the outcomes of the Greater Bristol Transport Study;

 

(2)         that  the proposals have not adequately assessed the transport impacts, particularly for the North Somerset area, including the impact of traffic to and from Bristol International Airport, and that the tests for Park and Ride Development in the Green Belt (PPG13) are therefore not fully met;

 

(3)        that in the absence of a safe pedestrian crossing point to serve the rights of way network, the proposal adversely affects the rights of way network in North Somerset; and

 

North Somerset Council therefore objects to the proposal in its current form

SAC

58     

Draft Planning Enforcement Protocol (Agenda Item 6.9)

 

The Acting Director of Development and Environment submitted an enforcement protocol which is required to guide the priorities for enforcement action.  The draft protocol, now submitted, has been agreed with the Executive Member for the purposes of consultation.

 

In considering the protocol members made reference to Policy 8 and whether it would encourage breaches and Policy 24 should the police be involved more regularly.  Other issues included recruitment and retention of staff.

 

RESOLVED: that the report be noted and the comments of this committee be included in the report to the Planning and Regulatory Committee in respect of the Draft Planning Enforcement Protocol.

SAC

59     

Area Committees – Budget Bidding (Agenda Item 8)

 

The Committee considered a report from the Customer Services Officer presenting applications for financial assistance under the Budget Bidding Process.

 

RECOMMENDED TO THE LEADER OF THE COUNCIL:

 

(1)     that the bid in respect of Sandford Village Hall Trust in the sum of £500 be APPROVED;

 

(2)     that the bid in respect of Kewstoke Village Hall and Playing Field Trust in the sum of £600 be APPROVED;

 

(3)     that the previously agreed bid in respect of Banwell Parish Council in the sum of £3,000 to install traffic measures at Riverside, Banwell and a further request for an additional £504 be APPROVED.

 

 

 

 

 

 

                                                                                        ________________________________

                                                                                                                 Chairman

                                                                                        ________________________________

 


                                                                        AGENDA ITEM 6.1      

 

SOUTH AREA COMMITTEE

23 April 2003

 

ITEM NO: 1

 

APPLICATION NO: 03/P/0348/F

 

 

DATE REGISTERED: 17.02.03

 

 

APPLICATION: Erection of a portakabin to provide pre-school facilities

 

 

SITE ADDRESS: Wrington Pre-School, Home Close, Wrington

 

 

PARISH/WARD: Wrington

 

WARD COUNCILLOR(S): Mrs Yamanaka

 

The following plan is for illustrative purposes only, and cannot be guaranteed to be up to date or to scale.

 

LOCATION PLAN: (This map is based upon Ordnance Survey material with the permission of Ordnance Survey on behalf of the controller of Her Majesty’s Stationery Office c. Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. North Somerset Council, LA09063L,2001)

 

 


1        03/P/0348/F.  ERECTION OF PORTAKABIN TO PROVIDE PRE-SCHOOL FACILITIES, AT WRINGTON PRIMARY SCHOOL, HOME CLOSE, WRINGTON

(GR 33283 15939)                                                                                          NRU

 

COUNCIL PROPERTY

 

Background

 

Planning permission (Reference Number 02/P/0928/F) was refused in August 2002 for the erection of purpose built pre-school and after school club in the school grounds.  The refusal was due to the excessive size and immediate proximity of the building in relation to an adjoining residential property.

 

Site Description

 

Wrington Primary School is located within the Wrington Settlement Boundary and Wrington Conservation Area.  The main school building comprises a Grade II Listed Building which fronts onto School Road.  There is a separate vehicle access to the school from Home Close, which leads to a small car park and 3 portable classrooms.

 

Relevant Planning History

 

Year

Reference

Proposal

Decision

 

2002

02/P/0928/F

Erection of pre-school building

 

Refused

2002

02/0990/LB & 02/0747/RG3

Planning and Listed Building Applications for extension to classroom

 

Approve subject to referral to  Gov. Office for the South West

 

1999

99/P/1316

Temporary Classroom Unit

Approved

 

 

 

 

The Application

 

Full planning permission is sought to erect a portakabin next to 3 other similar buildings at the north end of the school grounds. The building is approximately 15.1 metres long, 7.9 metres wide and 4.2metres high and is to be used as a pre-school facility.  The walls of the building will have a textured painted finish. The building is situated approximately 25 metres from the vehicle access to the school from Home Close.  The proposal would result in 4 additional car parking spaces being provided within the school grounds adjacent to the existing tarmac car park. It is understood that the building could serve between 16 to 20 children, for which 2 to 3 staff will be required.  The School has indicated that the proposed hours of use for the building are likely to be 08.30 hours to 13.00 hours and would be restricted to pre-school education only.

 

Policy Framework

 

The site is situated within the Wrington Settlement Boundary and the land is allocated for a replacement Primary School.

 

The main relevant policies are as follows:

 

Development Plan

 

North Somerset Local Plan (NSLP)

 

Proposal CF/1

 

Land north of School Road Wrington is allocated for replacement of Wrington CEVC Primary School.

 

Policy CON/1

 

Planning permission will be granted for development provided it is compatible to it surroundings in terms of scale, design, material and layout.

 

Policy CON/13

 

Development within a Conservation Area will be permitted only where it preserves or enhances the character or appearance of the Conservation Area

 

Policy T/11

 

Development will be permitted provided that it does not detract from Highway safety or convenience

 

Policy T/13

 

Planning permission will be granted subject to proposals providing adequate off-street car parking where it is deemed appropriate.

 

Policy RL/1

 

Development will not be permitted where it would harm the privacy or amenity from overlooking

 

Policy R/3

 

The development of recreational land will not be permitted unless, in the case of school playing fields, the development is for educational purposes.

 

Consultations

 

Wrington Parish Council:  “No objections in principle, but could the windows be lowered to enable the children to see out.”

 

Sport England: Comments awaited.

 

Bristol Water: No comments

 

Wessex Water: It would necessary for the developer to agree points of connection into the main surface water sewer.

 

Environment Agency: No comments

 

Director of Education: Comments awaited

 

Local Residents: A total of 45 letters have been received.  Of these, 15 object to the application and 30 are in support of the application 

 

The main planning objections are as follows: -

 

1)         The proposal would result in increased traffic and demands for convenience parking close to the School gates.  However, the nature of the approach roads are narrow residential roads with limited parking, which cannot absorb further traffic without causing disruption, inconvenience and a general loss of amenity to local residents.

 

2)         There is no need to relocate the use from its present location (Memorial Village Hall) which provides dedicated car parking.

 

3)         The siting and scale of the building would detract from the appearance of the field and Conservation Area, and set a precedent for further development on the school playing field, which should be retained, in its present form

 

4)         The scale and immediate proximity of the building would detract from the amenities of adjoining residents.

 

The letters of support for the application point out that this facility will benefit the local community and that it makes good sense to locate a pre-school at the Primary School site, as a good foundation for children attending school.  It is also claimed that the Village Hall, due to poor acoustics and the time it takes to set up pre-school facility each time it is used is excessive and is not practical.

 

It should be noted that most of the letters of objection are from residents who live in Orchard Close and Home Close, which are the approach roads to the school, whereas the letter of support are mainly from residents who live further from the school.

 

 

 

Planning Issues

 

The principal planning issues in this case are (a) traffic and parking (b) loss of playing fields (c) appearance of building (d) impact of building on neighbours.

 

Issue 1. Traffic and Parking

 

Although the School has its main frontage and pedestrian access onto School Road, the only vehicle access to the School is from Home Close via Orchard Close, both of which are narrow residential roads. As the vehicle entrance does not permit parking within the school (except a limited number of spaces for staff), it results in parents parking close to the school gates, particularly at the start and end of the school day, which creates congestion and disruption to local residents.

 

The effect of this proposal is likely marginally to increase the number of car journeys to and from Home Close particularly in the morning and increase demands for convenience car parking close to the school gates.  It is considered however, that the net increase in trip numbers is unlikely to be significant, particularly as some of the children may be siblings of children already at the school.  The four extra car-parking spaces proposed within the school should enable staff to park off the road. On the basis of the relatively small increase in trip numbers that are likely to arise there are no objections to access or car parking issues.

 

It should also be noted that the existing school grounds, (excluding the main building onto School Road), have been identified in the North Somerset Local Plan for a replacement Primary School.  Although the size of the school and projected pupil numbers is unknown, the only vehicle access is from the same point from Home Close.  Thus, unless alternative access arrangements are proposed, this would ultimately become the only vehicle route into the school and may even reduce short stay parking on School Road, if pedestrian links are closed off.

 

Issue 2. Loss of Playing Fields

 

The proposed building would encroach onto part of the School playing fields, albeit on an area which is not marked as a formal playing pitch.  The total area of the School playing field is approximately 1.27 hectares, whereas the amount of playing field lost to accommodate this proposal is 0.04 of a hectare (or approximately 3.5%).  It is the Policy of the Council (Policy R/3 of the North Somerset Local Plan) to retain playing fields unless (in the case of School playing fields) the development is for educational purposes, or the land is no longer required for school use and would not result in a deficiency of local playing fields.  As the development is for educational purposes and results in the loss of a very small area at the very edge of the field, this would not appear to conflict with the Local Plan objectives.

 

Notwithstanding this however, planning applications involving the loss of playing fields must be referred to Sport England for their comments.  Furthermore, Sport England will usually only support planning applications involving loss of parts of playing fields provided that: 1) the loss of the playing space does not result in shortfall of local playing fields; 2) the development is ancillary to the playing field; 3) the land in question is incapable of forming part of a playing pitch or does not result in the loss of existing pitches; 4) the loss of the playing area will be re-provided elsewhere; or 5) the proposal involves the development of indoor our outdoor sports uses.  The Council is not permitted to grant planning permission for proposals where Sport England object without first referring the application to the Secretary of State (The Government Office for the South-West).

 

 

Issue 3 Appearance of the Building

 

Concerns have been raised from some local residents that the building would be too prominent and would detract from the appearance of the playing field and Conservation Area.  In response to these comments, it is considered that the impact of the building would differ very little compared to the three other portable classrooms immediately to the south.  Because the proposed porta-kabin is sited at the very edge of the playing fields, it will also be seen in the context of the adjoining portable classrooms and housing in Home Close, which form the immediate backdrop to the building when viewed from the south.  In these circumstances, there are no objections to the appearance of the building or its impact on the character or appearance of the Conservation Area.

 

Issue 4 Impact of the building on neighbours

 

The previous application for a pre-school building was refused because it was considered that the building was too close (approximately 4 metres) to the adjoining dwelling at 1 Home Close, and the size of the building would have had an overbearing effect on its occupants.

 

The building subject to this application is approximately 18 metres from the same property and is also “end-on” to that property. The ground levels at the school are approximately 1 to 1.3 metres lower than the adjoining garden levels of properties in Home Close.  Consequently, it is now considered that impact of the building (the proposed use and size of the building) and the use of the extra car parking space would not unacceptably harm the amenities of adjoining residents.

 

Accordingly, there are no objections to the impact of the building on the amenities of adjoining residents.

 

 

RECOMMENDATION:  Subject to, a) the receipt and consideration of any comments from Sport England and b) referral to the Secretary of State if deemed appropriate, APPROVE subject to the following conditions: -

 

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

 

Reason. In accordance with the Provisions of Section 92 of the Town and Country Planning Act 1990.

2.      Details of the external colour finish to be used on the building hereby permitted shall be submitted to and approved in writing by the Local Planning Authority, and shall the approved colour shall be applied to the building before it is erected on the site. 

 

Reason,  To ensure that the colour to be used in appropriate to its setting, in accordance with Policy CON/13 of the North Somerset Local Plan.

 

3. No development shall be commenced until a scheme for the disposal of foul and surface waters and details of land drainage have been submitted to and approved in writing by the Local Planning Authority.  The scheme shall be completed in accordance with the approved plans before the occupation of the development.

Reason:  To prevent pollution of the water environment and any flooding of neighbouring property in accordance with policy ENV/6 of the North Somerset Local Plan

 

4.      The building hereby permitted shall not be used except between 08:30 Hours and 16:00 Hours on Mondays to Fridays.

 

Reason.  To minimise the potential for noise disturbance to local residents, in accordance with Policy ENV/1of the North Somerset Local Plan.

 

5.      The building hereby granted shall be used as a pre-school facility only and for no other use, including use which fall into Class D1 of the Town and Country Planning (Use Classes) Order 1987, as amended, or in any provision equivalent to or re-enacting that Order.

 

Reason.  To ensure that the nature of the use is reasonable in relation to adjoining properties, in accordance with Policy ENV/1 of the North Somerset Local Plan

 

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

 

Reason: To ensure that a satisfactory landscaping scheme is prepared, in accordance with Policy LSC/1 of the North Somerset Local Plan

 

7. 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 building or completion of the development, whichever is the sooner.

 

Reason: To ensure that a satisfactory landscaping scheme is implemented, in accordance with Policy LSC/1 of the North Somerset Local Plan

 

 

8. 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.

 

Reason.  To ensure as far as possible that the landscape scheme is fully effective, in accordance with Policy LSC/1 of the North Somerset Local Plan.

 

9. For the duration of the development works all existing trees and hedges shall be protected by a suitable barrier erected and maintained at a distance from the trunk or hedge specified in writing by the Local Planing Authority.  The Authority shall be informed at least 7 days before work starts on site so that the barrier positions can be established.  Within this protected neither area there shall be no excavation, tipping or stacking nor compaction of the ground by any other means.

Reason: To protect the existing hedges and trees during development works in accordance with Policy LSC/1 of the North Somerset Local Plan.

 


                                                                        AGENDA ITEM 6.2

 

SOUTH AREA COMMITTEE

23 April 2003

 

ITEM NO: 2

 

APPLICATION NO: 03/P/0121/F

 

 

DATE REGISTERED: 21.01.03

 

 

APPLICATION: Proposed erection of a timber clad pig breeding building and retention of existing pig pen and run

 

 

SITE ADDRESS: Land adj. to Walnut Barn, Church Lane, Hutton

 

 

PARISH/WARD: Hutton & Locking

 

WARD COUNCILLOR(S): Ap Rees & Peddlesden

 

The following plan is for illustrative purposes only, and cannot be guaranteed to be up to date or to scale.

 

LOCATION PLAN: (This map is based upon Ordnance Survey material with the permission of Ordnance Survey on behalf of the controller of Her Majesty’s Stationery Office c. Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. North Somerset Council, LA09063L,2001)

 

 


2        03/P/0121/F: PROPOSED ERECTION OF A TIMBER CLAD PIG BREEDING BUILDING AND RETENTION OF EXISTING PIG PEN AND RUN ON LAND ADJACENT TO WALNUT BARN, CHURCH LANE, HUTTON.

 

(GR: 335334 158630)                                                                                     PH

 

REFERRED DELEGATED ITEM BY COUNCILLOR PEDDLESDEN

 

Site Description

 

The site is situated to the east of Church Lane and lies close to Walnut Barn and a barn converted into holiday accommodation.  The application site comprises a concrete hardstanding that measures 18m x 28m.  Access to this site is via a single width gravel drive off Church Lane that serves Walnut barn, the holiday cottage, Court Farm and The Old Court Farm House.

 

Relevant Planning History

 

 

Year

 

Reference

Proposal

Decision

1999

99/P/2268/F

Renovation of barn

Withdrawn

 

2000

 

 

 

 

00/P/0691/F

 

a) Extension of residential curtilage of Walnut Barn. b) Change of use and alterations of barn to holiday cottage, garage, domestic storage and office for Walnut Barn. c) Change of use of residential annexe barn to holiday accommodation between 1st March and 31st October each year.

 

Approved with conditions

 

The Application

 

This is a full planning application that seeks permission to erect a pig-breeding unit in the north east corner of the concrete hardstanding and retain an existing pig pen and run located along the west side of the yard. 

 

The building would comprise of an isolation unit, farrowing box and pig feed/ medical store.  The structure forms an L-shape and covers an area of approximately 40 square metres.  The isolation unit and pig feed store would cover 13 square metres and the farrowing box 17 square metres. The height of the building would measure 2.9m to the ridge.  The building would be largely pre-fabricated and comprise of a timber frame that is mounted onto a single brick plinth.  The external elevations of the building would be shiplap timber boarding with the roof covered in Onduline that is finished in grey.  Three doors and three windows would be inserted into the building.  The appearance of the building is similar to that of a stable.

 

The structure is intended to serve as a breeding unit for Gloucestershire Old Spotted Pigs which are classed as a traditional and rare breed.  The applicant designed the unit to enable viewing facilities for the children of Hutton Primary School.  It is intended that the children will visit the piglets as part of the educational element of the applicants Countryside Stewardship Scheme.  The applicant intends to have only 3 sows in residence at any one time and ten weeks after being born, the piglets would be transported onto to Towerbrook Farm at Banwell for fattening.

 

The retention of the existing pig pen that is sited on the hardstanding requires planning permission because it is being used for the keeping of livestock.  The existing pig pen measures 2m x 2.9m, is constructed out of block work (which is finished in a render) and has a pitched tiled roof .  The pig run has also been constructed from concrete block walls and measures 2m x 3m and was erected over 12 months ago.

 

The site has access to electricity and a water supply.  The pig breeding unit would have shavings as bedding and any effluent run-off would be directed to an existing effluent tank that was previously used on the farm as a silage/slurry pit.

 

Policy Framework

 

The site lies within the Mendip Hills Area of Outstanding Natural Beauty and outside the settlement boundary of Hutton.  The site is close to the edge of the Conservation Area.

 

Development Plan

 

North Somerset Local Plan (NSLP)

 

DCS/1:            Permission will be granted for agricultural or forestry buildings, development or operations provided that:

 

i)                    the proposals are reasonably necessary for and ancillary to the use of the land for agricultural purposes.

ii)                  the re-use of existing buildings is impractical

iii)                the scale, siting, design nd external appearance of the buildings, operations or development and their landscaping are in keeping with their surroundings

iv)                There are no insurmountable amenity or highway objections.

 

AONB/1:         Development within the Mendip Hills AONB will not be permitted if it would harm the natural beauty of the landscape.  Particular attention is paid to the siting, scale, size, character, design, materials and landscaping of the proposal.

 

CON/13:         Development within or likely to have an impact upon views into and out of a conservation area will only be permitted where it preserves or enhances the character of the area.

 

ENV/1:            The development or use of land for the purposes likely to cause air, water or other environmental pollution or damage, risk to health or safety, or loss of amenity or enjoyment, through noise, dust, harmful emissions, smell, litter, vibration, light or heat and proposals for development near and sensitive to such sources of pollution or nuisance, will not be permitted unless measures are included or can be imposed by condition or planning obligation to limit the adverse effects to an acceptable level.

 

T/11:               Planning permission will be granted for development only when the proposal:

 

i)                    will not be detrimental to highway safety;

ii)                  is well related to the highway network and unlikely to give rise an unacceptable degree of traffic congestion, and the traffic generated can be generated without seriously affecting the character of the surrounding area.

 

Other material policy guidance

 

North Somerset Replacement Local Plan

 

GDP/3:            Promoting good design and sustainable construction.

 

ECH/9:            Development within the Mendip Hills AONB.

 

RD/2:              Agricultural development.

 

ECH/3:            Development likely to affect views into or out of a Conservation Area.

 

Planning Policy Guidance Notes

 

Relevant guidance is contained in the following PPG’s:

 

Planning Policy Guidance Note 7: The Countryside: Environmental Quality: Economic and Social Development.

 

Planning Policy Guidance Note 15: Planning and the Historic Environment.

 

 

 

 

 

 

 

Consultations

 

Third Parties: Thirty five letters of objection had been received. The principle points raised are:

 

·        The pig breeding unit is sited too close to residential properties and would cause harm to the amenity of neighbouring residents and users of the public footpath by virtue of odour and noise.

·        The drainage system is inadequate to cope with the associated effluent that would run-off from the proposed pig-breeding unit.

·        The access into the site is sub-standard and Church Lane is unsuitable to serve the vehicles having to visit this site in association with the pig breeding enterprise.

·        The building would fail to preserve or enhance the character of the Hutton Conservation Area and would harm the character and appearance of the Mendip Hills AONB.

 

Two letters of support have been received.  The principle points raised are:

 

·        This is a small-scale facility and subject to controls over the management of the waste would not give rise to any adverse impact.

·        There has been a farm on Mr Orchard’s property for centuries.  The application is not for a huge pig-breeding unit but for a couple of rare breed sows and their litters.

·        The yard is clean and tidy and has been much improved by Mr Orchard since he acquired the property.

 

Hutton Parish Council

 

“The planning application was discussed at length at the Parish Council Meeting of 3 March 2003.  After listening to comments from all parties concerned the Parish council made the following proposal which was passed and duly recorded:

 

The Parish Council does not object to pigs being kept in regards to this application but is of the opinion that the siting should be further away from neighbouring properties.  The Council are also concerned that any waste, effluent, etc is properly disposed of to the satisfaction of the Environmental Officers”

 

Officer Note: These comments are based on the original application and not the amended application that includes the retention of the existing pig pen and run.  Consultation letters regarding this structure have been sent to the Parish Council and neighbours and any further comments received over this amendment will be reported to the Committee via and update sheet.

 

Planning Issues

 

The principal planning issues in this case are: (a) Would the proposal be detrimental to the character and appearance of the Mendip Hills Area of Outstanding Natural Beauty (b) Would the proposal preserve or enhance views into the conservation area and (c) Would the proposal give rise to amenity problems.

 

Issue 1: Existing buildings

 

The site originally formed a complex of farm buildings.  Some prefabricated farm buildings have been removed and three of the original stone buildings have been retained.  These stone buildings comprise of barns that have been converted and are now used as a dwelling (the applicants), a holiday unit and garage, and a stable block.  These conversion of these buildings were considered on their merits and at the time the application was assessed there was no knowledge of an intention to erect a  pig breeding unit.  The suitability of these buildings for the purposes of undertaking pig breeding has, however, been discussed and considered.  However, given the current use and layout of these buildings, they are not deemed to be suitable for pig breeding.

 

Issue 2: Impact upon the Mendip Hills AONB

 

Under Policy AONB/1 of the North Somerset Local Plan, development in the Mendip Hills AONB will be permitted provided that it would not harm the natural beauty of the area.  Planning Policy Guidance Note 7 also advises that development in the countryside should be grouped wherever possible to minimise its impact upon the landscape.

 

In landscape terms, the siting of the proposed pig breeding unit and existing pig pen and run are well-related to other buildings and would not appear out of keeping with the character or appearance of the Mendip Hills AONB.  The proposed materials of the pig breeding unit are traditional and would blend in with the use of timber that is already in evidence around this site.  The existing pig pen and run are in-keeping with the character and appearance of the area and do not cause any visual harm to the natural beauty of the Mendip Hills AONB.

 

Issue 3: The Hutton Conservation Area

 

Although the site does not lie within the Conservation Area it adjoins it and as such is assessed against policy CON/13 of the North Somerset Local Plan.  This policy only allows development that will either preserve or enhance the setting and character of the Conservation Area.

 

Views of the pig breeding structure from within the Conservation Area would be screened by virtue of Walnut Barn.  The majority of the public views of this structure would be from the footpath that runs along the north boundary of the site.  From this path you would see the rear elevation of the pig breeding unit and the existing pig pen and run.  Given the scale, location and external materials of both structures they would not obscure or dominate any important features within the Conservation Area.  As such there would be no harm to the setting of or views into the Conservation Area and it, therefore, complies with policy CON/13 of the North Somerset Local Plan.

 

 

 

Issue 4: The amenity of neighbouring residents

 

The concrete yard is an established agricultural part of this site and as such the keeping of animals on this land would not, in its own right, require planning permission.  Therefore, the merits of this application revolve around the impact that the pigs would have whilst using the proposed breeding unit and existing pig pen and run.

 

National planning policy advice recommends that permission should not be refused where development would be acceptable subject to the imposition of conditions.  The pig breeding unit would be sited in the north east corner of the yard.  The nearest residential property would be over 30 metres away and the effects of a pig breeding building can be adequately controlled via the use of conditions.  The location of the existing pig pen and run do not appear to be causing any environmental problems to neighbouring residents and given that the small size of the pen, the recommended conditions would be able to control any potential adverse environmental effects of this building.

 

The recommended conditions seek to control the environmental impact of this proposal.  Restrictions over the number of animals to be kept on the yard at any one time, the storage and disposal of waste, the period of time in which the piglets can be kept on the site and the drainage of the yard have been recommended.

 

The applicant’s intention would be for no more than 3 sows to be on the land at any one time.  Only 1 litter of piglets shall only be kept on site for a maximum of 10 weeks.  After 10 weeks, the intention is for the piglets to be removed from the site and taken to another farm for finishing.  For obvious reasons there is no way in which a condition restricting the maximum number of piglets can be applied as this is an unknown quantity.  However, subject to the piglets only being on site for 10 weeks after being born, the environmental impact of the piglets being on site for no more than 10 weeks is deemed to be acceptable in environmental terms, given that the yard is an established agricultural hardstanding.

 

The intention is for the pigs to be housed on shavings in the breeding unit and these would be stored in a covered skip on site that would be removed periodically.  The shavings will collect nearly all of the waste generated from the pigs.

 

Conclusion

 

This proposal would not harm the character of the nearby Conservation Area or the landscape qualities of the Mendip Hills Area of Outstanding Natural Beauty.  There is no evidence to suggest that this development would cause harm to the amenity of local residents by virtue of odour, noise or drainage. It is considered that this proposal complies with the relevant policies of the development plan and is recommended for approval subject to conditions.

 

 

 

 

 

RECOMMENDATION: APPROVE, subject to the following conditions:

 

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

 

Reason: In accordance with the provisions of Section 91 of the Town and Country Planning Act 1990.

 

2. No development shall be commenced until drainage details for the surface water and effluent have been submitted to and approved, in writing, by the Local Planning Authority.

 

Reason: No satisfactory drainage details have been submitted as part of this application and in accordance with policy ENV/1 and DCS/1 of the North Somerset Local Plan.

 

3. No more than 3 sows and 1 litter of piglets shall be kept on the concrete yard and in any of the buildings or structures situated on the yard at any one time.

 

Reason: In the interests of the amenity of neighbouring residents and in accordance with policy ENV/1 of the North Somerset Local Plan.

 

4. The piglets shall be removed from the site before they are 11 weeks old and the applicant shall keep a record of the births of the piglets and make this information available to the Local Planning Authority for inspection upon their request.

 

Reason: In the interests of the amenity of neighbouring residents and in accordance with policy ENV/1 of the North Somerset Local Plan.

 

5. No development shall commence until the means of storage and disposal of the waste generated by the pigs has been submitted to and approved in writing, by the Local Planning Authority.  The approved scheme shall be implemented and used at all times thereafter unless an amended scheme has first been submitted to and approved, in writing, by the local Planning Authority.

 

Reason: In the interests of the amenity of neighbouring properties and in accordance with policy ENV/1 of the North Somerset Local Plan.

 

6. There shall be no burning of waste on site at any time whatsoever.

 

Reason: In the interests of the amenity of neighbouring residents and in accordance with policy ENV/1 of the North Somerset Local Plan.


                                                                        AGENDA ITEM 6.3

 

SOUTH AREA COMMITTEE

23 April 2003

 

ITEM NO: 3

 

APPLICATION NO: 03/P/0222/F

 

 

DATE REGISTERED: 05.02.03

 

 

APPLICATION: Alterations to design of shop extension granted under planning permission 02/P/1998/F to provide a shopfront to form a lock-up shop

 

 

SITE ADDRESS: Cullens Garage, Bye Pass, Langford

 

 

PARISH/WARD: Blagdon & Churchill

 

WARD COUNCILLOR(S): Mrs Young

 

The following plan is for illustrative purposes only, and cannot be guaranteed to be up to date or to scale.

 

LOCATION PLAN: (This map is based upon Ordnance Survey material with the permission of Ordnance Survey on behalf of the controller of Her Majesty’s Stationery Office c. Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. North Somerset Council, LA09063L,2001)

 

 


03/P/0222/F     ALTERATIONS TO DESIGN OF SHOP EXTENSION GRANTED UNDER PLANNING PERMISSION 02/P/1798/F TO PROVIDE A SHOPFRONT TO FORM LOCK-UP SHOP AT CULLENS GARAGE, A38, CHURCHILL

(GR  34560 16037)                                                                               NRU

 

REFERRED DELEGATED ITEM BY COUNCILLOR MRS YOUNG

 

Site Description

         

          The site is situated outside the Churchill Settlement Boundary, east of the road junction between the A38 Bristol Road and B3133 Langford Road.  It comprises a petrol filling station with associated convenience shop, car wash facilities, disused vehicle workshop building and car display area.

 

Relevant Planning History

         

Year

 

Reference

Proposal

Decision

2002

02/P/1798/F

Demolish workshop and extend sales building and re-site vehicle access

Approved

2000

00/0460/F

Demolition of forecourt canopy, shop, car showroom and car wash and erection of new forecourt canopy and  sales building

Approved

 

          Background and Current Application

 

Full planning permission was granted in November 2002 to extend the sales building and carry out alterations to the vehicular access and parking layout.  This planning permission has not yet been implemented.  However, separate planning permission is now sought to alter the design of the approved extension.  Specifically, it is now proposed to install a shopfront in the elevation facing the A38 in order to provide a separate lock-up shop.  Since the extension approved under planning permission 02/P/1798 is for retail use, the internal sub-division of part of it for a lock-up shop does not require planning permission.  However, separate planning permission is required for the installation of the shopfront.  The lock-up shop, excluding the small office and toilet, is 6 metres x 7 metres

 

          Policy Framework

 

          The site is situated outside the Settlement Boundary of Churchill.

 

The main relevant policies are as follows:

         

 

 

Development Plan

 

North Somerset Local Plan.

 

Policy CON/1

 

Development will not be permitted unless it is compatible with its surroundings or general locality in terms of height, scale, layout and materials used.

 

Policy T/11 and T/13

 

Planning permission will be granted provided development is not detrimental to road safety and there is sufficient car parking provided within the site

 

          Consultations

 

Churchill Parish Council:  “This was recommended for refusal on the grounds of inadequate parking facilities and the generation of extra traffic.”

 

Local Residents: The occupants of 16 local properties have been notified of the planning application.  To date, no representations have been received.  Any comments received will be reported to Committee.

 

A Site Notice was also displayed and no representations have been received in response to this.

 

          Planning Issues

  

          The principal planning issues in this case are (1) the appearance of the development (2) parking and highway safety.

 

Issue 1 Appearance of the Development

 

The design of the shopfront comprises a large window divided up with horizontal glazing bars and one entrance door.  A tiled roof canopy is provided over the shopfront, to provide some shelter and depth to the appearance of the shopfront.  It is considered the proportions and design of the shopfront is acceptable.

 

Issue 2.  Car Parking and Access

 

Planning permission is not required for the sub division of the premises. Nevertheless, attention has been paid to the parking arrangements. The total retail floorspace at this site including the extension to the petrol station sales building and the proposed lock-up shop is approximately 320 square metres.  The Councils car-parking standards for retail development is that a maximum of 1 parking space is provided for every 35 square metres of retail floorspace.  A maximum of 10 car parking spaces would therefore be required.  However, the approved car park layout for the extension to the sales building (which is unaffected by the application) provides 12 car-parking spaces.  This layout also includes the removal of the existing parking, which is accessed from the A38, which is to be returned to a grass verge.  If necessary additional car parking spaces could also be provided either in front of the shop or close to the car wash. Conditions already imposed on planning permission 02/P/1798/F require this parking area to be implemented and available before the shop extension is brought into use.  Therefore there is adequate car parking to serve the development, even though planning permission is not required for the subdivision.

 

Pedestrian access to the lock-up shop would be gained from a pathway, which extends across the front of the building facing onto the A38, which is also acceptable.

 

The proposed shopfront is therefore considered to be acceptable.

 

 

RECOMMENDATION:  APPROVE subject to the following conditions: -

 

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

 

Reason:  In accordance with the provisions of Section 92 of the Town and Country Planning Act 1990.

 

 

 


                                                                        AGENDA ITEM 6.4

 

SOUTH AREA COMMITTEE

23 April 2003

 

ITEM NO: 4

 

APPLICATION NO: 03/P/0562/F

 

 

DATE REGISTERED: 12.03.03

 

 

APPLICATION: A) Re-alignment of chainlink fence previously protecting sycamore tree during site construction. B) Erection of greenhouse on concrete paving

 

 

SITE ADDRESS: 21 Observatory Field, Winscombe

 

 

PARISH/WARD: Banwell & Winscombe

 

WARD COUNCILLOR(S): Mrs Harley, Lake & Parsons

 

The following plan is for illustrative purposes only, and cannot be guaranteed to be up to date or to scale.

 

LOCATION PLAN: (This map is based upon Ordnance Survey material with the permission of Ordnance Survey on behalf of the controller of Her Majesty’s Stationery Office c. Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. North Somerset Council, LA09063L,2001)

 

 


4        03/P/0562/F A) Re-alignment of chainlink fence previously protecting sycamore tree during site construction. B) Erection of greenhouse on concrete paving AT 21 Observatory Field, Winscombe, Somerset, BS25 1LL

(GR 42644 57607)                                                                                        KH

 

REFERRED DELEGATED ITEM BY COUNCILLOR MRS Harley

 

Site Description

 

The property is situated on the new Observatory Field residential development off Brae Road, Winscombe.  It is a detached bungalow located at the north part of the site, which adjoins properties in Hillyfields.

 

Relevant Planning History

 

 

Year

 

Reference

Proposal

Decision

2002

02/P/2032/F

Proposed alteration to the approved position of the chain link fence for the badger run at the rear of plots 5 &11.

 

Refused

2002

02/P/1592/F

Relocation of Badger Corridor fence at Plot 4, Observatory Field

 

Approved

2000

00/P/0174/RM

Reserved Matters for construction of 29 dwellings and roads

 

Approved

1999

99/0305/RM

Outline planning application for residential development

Allowed on appeal

 

 

The Application

 

Full planning permission is sought to reposition a 1.2 metre high chain-link fence parallel to the northern site boundary.  The existing chain link fence forms an ‘arc’ shaped area around a Sycamore tree on the northern site boundary.  The effect of the proposal will be to enlarge the private garden but still retain a protected badger route and the Sycamore tree.  Furthermore the proposal is to construct a green house to the west of the site on a hard standing adjacent to the existing garage.

 

 

 

Policy Framework

 

The site is situated within the revised Winscombe Settlement Boundary.

The main relevant policies are as follows:

 

Development Plan

 

North Somerset Local Plan (NSLP)

 

Policy NE/5 and NE/6.

 

Proposals that would harm animals protected by law or their habitats will not be permitted.

 

Policy RL/6

Planning permission to extend a dwelling will be granted provided that:

·        The scale of the extension is not disproportionate to the size if the dwelling or the space around it.

·        The design and external materials of the extension are in keeping with the character and appearance of the dwelling and its surroundings

·        The extension does not visually disrupt the street scene or detract from the privacy and amenity if nearby residents

·        The off-street parking arrangements and vehicular access to the dwelling are not adversely affected.

 

Consultations

 

Third Parties: No letters of objection have been received. 

 

The Badger Consultancy: No response received at time of writing.

 

Winscombe and Sandford Parish Council: No response received at time of writing.

 

Planning Issues

 

The principal planning issues in this case is the effect of the proposal on the Badger Sett and the Sycamore tree.

 

It is considered by the Council’s ecologist that the relocation of the fence will not impact the badger sett or the associated vegetation, therefore the proposal is considered to be acceptable.  The proposed condition 3 will ensure that a fence is present at all times as recommended by the ecologist.

 

There are no planning objections to the proposed greenhouse

 

 

 

 

 

RECOMMENDATION: APPROVE subject to the following conditions:-

 

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

 

Reason: In accordance with the provisions of Section 91 of the Town and Country Planning Act 1990.

 

2.      The hedgerow vegetation shall be retained at all times unless otherwise agreed first in writing by the Local Planning Authority.

 

Reason: To retain a suitable habitat for Badger activity in accordance with Policy NE/5 and NE/6 of the North Somerset Local Plan

 

3.      The replacement fencing to the Badger Corridor shall be erected prior to or simultaneously with the removal of the existing fencing marking the Badger Corridor. The approved replacement fence once provided, shall be retained at all times, unless otherwise first agreed in writing by the Local Planning Authority,

 

Reason: To ensure that the Badger Corridor is segregated from the domestic garden of the property, which is in the interest of the welfare of Badgers, in accordance with Policy NE/5 and NE/6 of the North Somerset Local Plan.


                                                                        AGENDA ITEM 6.5

 

SOUTH AREA COMMITTEE

23 April 2003

 

ITEM NO: 5

 

APPLICATION NO: 03/P/0685/F

 

 

DATE REGISTERED: 24.03.03

 

 

APPLICATION: Replacement of some of the existing metal frame windows with double glazed polyester coated aluminium windows to match existing.

 

 

SITE ADDRESS: Banwell Primary School, West Street, Banwell

 

 

PARISH/WARD: Banwell & Winscombe

 

WARD COUNCILLOR(S): Mrs Harley, Lake & Parsons

 

The following plan is for illustrative purposes only, and cannot be guaranteed to be up to date or to scale.

 

LOCATION PLAN: (This map is based upon Ordnance Survey material with the permission of Ordnance Survey on behalf of the controller of Her Majesty’s Stationery Office c. Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. North Somerset Council, LA09063L,2001)

 

 


5        03/P/0685/F Replacement of some of the existing metal frame windows with double glazed polyester coated aluminium windows to match existing AT Banwell Primary School, West Street, Banwell, Somerset

(GR 339661, 159106)                                                                                   CP

 

Council Application

 

Site Description

 

Banwell Primary School is set within the Banwell Conservation Area to the south of West Street, the B3368, and adjacent to School Close. The land to the south of West Street slopes up towards the main building, which is set back 28metres from the road.  The building is 1-2 storeys and has been extended to the north elevation fronting West Street and the east elevation, which faces School Close.  There are two temporary buildings, which are used as additional classrooms to the west of the main building.  The main building has white painted metal-framed windows.  The temporary buildings have double-glazed white UPVC windows.

 

There is an Article 4 Direction controlling windows and fenestration in operation in the Banwell Conservation Area.

 

Relevant Planning History

 

No relevant history

 

The Application

 

This is a full application for the replacement of the exiting metal frame windows with new double glazed polyester-coated aluminium windows to the east, west and north elevations.  The windows are similar to the existing windows.

 

Policy Framework

 

The site lies within the Banwell Settlement Boundary.

 

The main relevant policies are as follows:

 

Development Plan

 

North Somerset Local Plan (NSLP)

 

Policy CON/13 Development within a Conservation Area must preserve or enhance the character or the appearance of the area; any features of special historic or architectural interest; and other elements of the townscape that make a positive contribution to the quality of the area’s character or appearance.

 

 

Other material policy guidance

 

Planning Policy Guidance Notes

 

Relevant guidance is contained in the following PPG’s:

 

PPG1                General Policy and Principles

 

PPG15              Planning and the Historic Environment

 

Supplementary Planning Guidance

 

North Somerset Council Guidance Note 1: Window Replacement

 

Consultations

 

Third Parties: no letters received at the time of writing. 

 

Banwell Parish Council: no comment received at the time of writing

 

Planning Issues

 

The principal planning issue in this case is the effect of the proposed windows upon the character and the appearance of the Conservation Area. It is considered that the proposal respects the character of the Conservation Area and therefore is in accordance with Policy CON/13.

 

RECOMMENDATION: APPROVE subject to the receipt of additional drawings showing detailed elevations and the profiles of the proposed windows, and subject to the following conditions:-

 

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

 

Reason: In accordance with the provisions of Section 91 of the Town and Country Planning Act 1990.

 

 

 

 


                                                                        AGENDA ITEM 6.6

 

SOUTH AREA COMMITTEE

23 April 2003

 

ITEM NO: 6

 

APPLICATION NO: 03/0021/E

 

 

DATE REGISTERED: N/A

 

 

BREACH: Unauthorised change of use of agricultural land to the use for the stationing of caravans for residential use

 

 

SITE ADDRESS: O.S. Plot No. 3637 adjoining A370, Hewish, Puxton

 

 

PARISH/WARD: Kewstoke

 

WARD COUNCILLOR(S): Porter

 

The following plan is for illustrative purposes only, and cannot be guaranteed to be up to date or to scale.

 

LOCATION PLAN: (This map is based upon Ordnance Survey material with the permission of Ordnance Survey on behalf of the controller of Her Majesty’s Stationery Office c. Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. North Somerset Council, LA09063L,2001)

 

 


6      NORTH SOMERSET COUNCIL ENFORCEMENT REPORT

 

 

Reference Number:

03/0021/E       

Case Officer:

GJR

 

Site Location:

 

O.S. plot no. 3637 adjoining A370, Hewish, Puxton ( Field 1 on plan )

 

The Alleged Breach

 

Unauthorised change of use of Agricultural Land to the use for the stationing of caravans for residential use.

 

Site Description

 

The site is an agricultural field which forms plot 3637 in Hewish.

 

It is immediately to the west of the Moorland Park Gypsy site. It is accessed via a gate which is set back about 5 metres from the A370 road. A hardstanding was created and a caravan moved onto the land on the 24th March 2002.

 

Relevant Planning History

 

FIELD 1

 

1983  177/83        Fish Farm, market garden and mobile home  Refused

1993  2043/9        Resort development                                      Refused

Appeal dismissed

1994  1984/93      Resort development                                      Refused

 

On 25th March, the Authority sought an injunction against the proposed unauthorised use of the field for the stationing of caravans. The owner of the land gave a temporary undertaking in terms that she would not take any steps to divide the land under her control into plots or to establish a site for gypsies travellers or the like.  The court also ordered that she was forbidden whether by herself or by anyone encouraged or instructed by her from doing anything on the land under her control that lacks the required planning permission.  The day before the hearing, the owner sold half of the land to another person.  Therefore the court order and undertaking only applied to the plot of land that was still owned by her.  The case was adjourned in order that she could take legal advice. The owner gave an undertaking on 3 April not to site or station any caravan or mobile home on her land without planning permission.

 

Visits have since been made to the site and it now appears that a hardstanding has been formed on the plot of land which was sold on and is not the subject of the order.  A  mobile home has been stationed and is now occupied.

 

The surrounding area has been the subject of numerous planning applications as follows:

 

 

 

FIELD 2

 

1977      2401/77         Milking parlour and mobile home                                  Approved

1993/4   2043/93}       Resort development                                                      Refused

            1984/94}                                                                                             Appeal

                                                                                                                        dismissed

1999      99/1416 Tractor and feed store                                                       Refused

2002      02/P/2177/F  Mobile home and touring caravan                                  Refused

Enforcement Authorised.

 

FIELD 3

 

1990  1808/90      Agricultural mobile home                                          Approved

1991  1603/91      Agricultural workers dwelling                                    Refused

1992  1264/92      Gypsy site                                                                Refused

1992  1687/92      Leisure emporium to be used as brothel                    Refused

1993  0391/93      Retention of mobile home                                     Refused

                                                                                                            Appeal dismissed

1993/4  2043/93  Resort development                                      Refused

             94/1984                                                                                  Appeal dismissed

1997  97/0350  Mobile home                                                    Refused} Appeal

          97/1603      Single gypsy pitch                                                     Refused}Dismissed

1999  99/0791      1 residential, 1 touring caravan                                  Refused

                                                                                                            Appeal Dismissed

2003    03/P/0474/F     2 mobile homes                                              Current

 

FIELD 4

 

            41032              Residential use                                                  Refused

1991    0978/91           Permanent gypsy site                                                    Approved

1992    2431/92           Permanent gypsy site                                                            Approved

1992    2294/92           SWEB electric cables                                                   Approved

 

 

Policy Framework

 

The site lies outside the Settlement Boundary for any village.

           

The main relevant policies are as follows:

           

Development Plan

 

North Somerset Local Plan (NSLP)

 

Policy HOU/19: Planning permission will not be granted for gypsy/traveller sites in the Green Belt. Elsewhere, will only be granted subject to specific criteria: well related to services; not harmful to the landscape; traffic/ highway safety; need to be in North Somerset; no harm to ecology/ archaeology; affects as few residential properties as possible.

 

 

 

 

Joint Replacement Structure Plan (JRSP)

 

Policy 37: Permanent gypsy/ traveller sites to be located within reasonable distance of services, accessible from the main road, avoiding encroachment on open countryside and minimising noise, visual impact and disturbance

 

Policy 17: protects landscape character

 

Policy 59: location of new development/ reducing need to travel

 

Other material policy guidance

 

Planning Policy Guidance Notes

 

Relevant guidance is contained in the following PPGs

 

PPG3

PPG13

 

Circulars:

 

Relevant guidance is contained in the following circulars:

1/94: Gypsy sites and Planning

18/94: Gypsy sites Policy and Unauthorised Camping

 

Summary of Complaints received

 

Complaint received from Parish Council

Two complaints from members of the public.

 

Planning Issues

 

The principal planning issues in this case are (a) Whether the site is a suitable location for gypsy/ traveller provision (b) Landscape Impact and (c) Access and Highway safety

 

Issue 1: Whether the site is a suitable location for gypsy/ traveller provision

 

Bona fide gypsies are recognised as a “special case” where permission for residential use may be granted in the countryside where it would normally be refused. The relevant circumstances are defined in Policy HOU/19 of the North Somerset Local Plan and Policy 37 of the Joint Replacement Structure Plan. These policies set criteria for site suitability. In particular, they require that sites should be well related to services and facilities, and that they should affect as few existing residential properties as possible.

 

A proposal for a site for a single gypsy family, on the adjoining field and accessed via the same track, was considered at appeal in 1999. The Inspector made the following analysis of the location:

 

“Although the appeal site is within 120m of a bus stop, it is in open countryside over 3.5 km from the nearest shop and so…it is relatively isolated from local services. Accordingly, whatever the judgement might be on other criteria in Policy HOU/19, the site does not meet that particular criterion and would encourage vehicle trips to use the services contrary to the aims of sustainability. I realise that the nearby Moorland Park gypsy site has been built in recent years, but the planning permission was granted in 1991 prior to the formulation of Policy HOU/19 or the sustainability objectives of PPG13.”

 

The current proposal is no closer to services and facilities and hence fails to comply with the policy requirement in terms of location. A refusal is therefore merited based on structure plan policy 59 and PPG13 as well as Policy HOU/19.

 

Issue 2: Landscape Impact

 

Again, this issue has been well summarised by the previous Appeal Inspector:

 

“…so far as the effect on the landscape is concerned, its existing character and appearance is of open, flat, irregular pastoral fields with occasional rhynes and views broken by hedges and hedgerow trees.”

 

The appeal concerned retention of an existing mobile home, which the Inspector considered to be visible from the A370. He considered that there would be an intrusion into the landscape and the proliferation of domestic items such as the touring caravan, cars, washing lines and vehicles would be out of keeping with the surroundings.  He concluded:

 

“ …I consider that the proposal would cause significant harm to the character and appearance of the landscape and would be contrary to Policies C7 of the structure plan and HOU/19 of the NSLP”.

 

The current proposal would have an equivalent landscape impact, apart from the location, which is closer to the A370, thus making the site more prominent to public view. The structure plan has now been replaced, but Policy 17 of the Joint Replacement Structure Plan is similar to Policy C.7 of the previous plan. There is no reason to disagree with the conclusions of this recent appeal decision that further gypsy site provision in this location would adversely affect the landscape character of the area.

 

Issue 3: Access and Highway safety

 

The previous appeal inspector concluded that the increased use of this access track would be detrimental to highway safety, causing queuing on the A370 and conflicting with other accesses. There is also concern that the visibility is substandard.

 

The proposal therefore does not comply with Policy HOU/19 or Policy T/11 of the North Somerset Local plan.

 

Conclusion

 

This unauthorised use does not comply with the relevant policies on many different counts. Hence the site is unsuitable for this form of development, The recent appeal decision on an adjacent site serves to reinforce this opinion.

 

Since a planning application would be unacceptable and the site is being used without permission enforcement action is required to stop the site’s use and to secure the removal of the unauthorised caravans, structures and hardstanding and to return the site to agricultural use.

 

Such action could be by means of a permanent injunction controlling the use of the land but if this were unsuccessful then an enforcement notice followed by a stop notice would be served.

 

RECOMMENDATION

 

That ENFORCEMENT ACTIONS, including any court action if applicable, be taken to remedy the breach of planning control subject to consultation between the Director of Development and Environment and the Solicitor to the Council.

 

 

 


                                                                                                                                                                        `                                                                                   AGENDA ITEM 6.7

No

App No

LOCATION

PROPOSAL

DECISION

Decision Date

1.        

03/P/0076/F

Elmbridge Cottage, Wolvershill Road, Banwell, Somerset, BS29 6DL

Proposed erection of a two storey extension and alterations.

Approve

10/03/2003

2.        

03/P/0095/F

Mendip Outdoor Pursuits, Summer Lane, Banwell, Somerset

 Proposed change of use of barn to two storey residential accommodation

Approve

10/03/2003

3.        

03/P/0129/F

Eastermead Cottage, Eastermead Lane, Banwell, Somerset

Proposed two storey rear and single storey side extension.

Approve

17/03/2003

4.        

03/P/0186/TPO

2 Knightcott Road, Banwell, Somerset

Reduction to lower branch of lime tree.

Approve

24/03/2003

5.        

03/P/0233/F

10 Greenfields Avenue, Banwell, Somerset, BS29 6AU

Retrospective change of use from agricultural land to residential use and erection of a shed and greenhouse.

Approve

18/03/2003

6.        

03/P/0315/F

Manor Farm, Hillend, Locking, Somerset, BS24 8PQ

Erection of a 12.5m slimline telecommunication monopole mast with 3 antennae, 1 transmission dish and associated cabinets and enclosure

Refuse

03/04/2003

7.        

03/P/0656/F

Rhodyate Farm, The Rhodyate, Banwell, Somerset.

Change of use of land and barns situated at Rhodyate Farm from agricultural use as a milking parlour and bull pen to abattoir.

Withdrawn

03/04/2003

8.        

03/P/0236/WT

Foxmead, Bell Square, Blagdon, Somerset

Silver Fir: Thin by up to 20% max

Approve

20/03/2003

9.        

03/P/0376/F

Stones & Kings Cottages, Station Road, Blagdon BS40

Proposed extension to form dining room at Stones cottage

Approve

03/04/2003

10.    

03/P/0244/F

Knowle View, Accommodation Road, Bleadon, Somerset, BS24 0AP

Proposed construction of a single storey side extension

Approve

26/03/2003

11.    

03/P/0283/F

Celtic Fields, Celtic Way, Bleadon, Somerset, BS24 0NA

Proposed single storey extension, side and rear to form attached garage & garden room,  2no dormer windows to existing bungalow

Approve

28/03/2003

12.    

03/P/0101/F

Wyoming, Ladymead Lane, Langford, Somerset, BS40 5ED

Proposed roof extension including canopy over front porch gable windows and alterations.

Approve

10/03/2003

13.    

03/P/0193/F

10 Ladymead Lane, Langford, Somerset, BS40 5EG

Demolition of existing garage and conservatory and proposed construction of garage to the side of property and  conservatory to the rear

Approve

26/03/2003

14.    

03/P/0285/LC

Langford House, School of Veterinary Science, Langford, Somerset

Fell one Acer pseudoplatanus

Approve

20/03/2003

15.    

03/P/0286/WT

Langford Veterinary School, Langford Road, Churchill, Somerset

Quercus robur - remove lower laterals over driveway and reduce crown by 20%

Approve without conditions

20/03/2003

16.    

03/P/0083/F

Congresbury Service Station, Weston Road, Congresbury, Somerset, BS49 5EB

Installation of freestanding ATM cabinet.

Approve

10/03/2003

17.    

03/P/0084/ADV

Congresbury Service Station, Weston Road, Congresbury, Somerset, BS49 5EB

Proposed erection of an internally illuminated ATMS box sign

Approve

10/03/2003

18.    

03/P/0102/ADV

The Star, Rhodyate Hill, Congresbury, Somerset. BS49 5AJ

1 x externally illuminated totem sign,  2 x non illuminated totem signs.  2 x externally illuminated wall signs.  2 x internally illuminated wall signs.  1 x non illuminated wall sign

Approve

11/03/2003

19.    

03/P/0148/F

21 Moorway, Silver Street, Congresbury, Somerset, BS49 5EY

Proposed two storey extension with internal and external decorations.

Withdrawn

12/03/2003

20.    

03/P/0230/F

1 Broad Street, Congresbury, Somerset, BS49 5DG

Provision of new dwelling and change of use of part ground floor of shop & alterations to first floor flat.

Approve

02/04/2003

21.    

03/P/0247/F

Woodside, Wrington Road, Congresbury, Somerset, BS49 5AR

First floor extension to dwelling and garage extension

Approve

26/03/2003

22.    

03/P/0324/F

27 Silver Street, Congresbury, Somerset, BS49 5EY

Proposed pitched roof with roof lights to replace existing flat roof at side of property

Approve

28/03/2003

23.    

03/P/0140/F

Walnut Farm, East Dundry Lane, Dundry, Bristol, Somerset, BS41 8NH

Change of use from barn to Class B1 (light industrial) use & B8 (warehousing) use

Approve

13/03/2003

24.    

03/P/0260/F

10 Crabtree Close, Dundry, Somerset

Proposed front porch and double storey rear extension

Refuse

28/03/2003

25.    

03/P/0075/F

3 St Mary's Road, Hutton, Somerset, BS24 9QP

Proposed two storey side extension.

Approve

10/03/2003

26.    

03/P/0155/F

105 Oldmixon Road, Hutton, Somerset, BS24 9QA

Proposed side extension, rear conservatory and replacement of rear flat roof with pitched roof

Approve

20/03/2003

27.    

03/P/0389/F

31 Cedern Avenue, Elborough, Hutton, Somerset

Proposed single storey side extension, new window in side wall of lounge and new window on landing

Approve

27/03/2003

28.    

02/P/2266/F

The Newtons, Newtons Road, Kewstoke, Somerset, BS22 9LG

Proposed erection of 7 dwellings including alterations to incorporate 3 outbuildings and demolition of 2 outbuildings and walls and associated internal access roads.

Approve

20/03/2003

29.    

02/P/2267/LB

The Newtons, Newtons Road, Kewstoke, Somerset, BS22 9LG

Alterations to 3 outbuildings, to incorporate it into proposed housing development, demolition of 2 outbuildings and walls attached to outbuildings, alterations and demolition of part of wall attached to north boundary of The Newtons.

Approve

20/03/2003

30.    

03/P/0164/TPO

39 Monks Hill, Weston-Super-Mare, Somerset, BS22 9RQ

Reduce height by 20 - 30% to 3 x Ash & 2 x Sycamore / thin out various trees within woodland

Approve

20/03/2003

31.    

03/P/0246/F

4 Beach Road, Kewstoke, Somerset, BS22 9UZ

Proposed construction of additional vehicular access.

Approve

26/03/2003

32.    

03/P/0100/F

Land adjacent to Weston Business Park, Locking Moor Road, Weston-super-Mare, Somerset

Change of use to garden centre with sales to trade and public, diversion of Laneys Drove, 6m carriageway, 3m cycle path, stopping up of existing highway, landscaping & parking.

Refuse

06/03/2003

33.    

03/P/0174/F

72 Elmtree Road, Locking, , Somerset

Proposed loft conversion with dormer window to rear.

Approve

18/03/2003

34.    

03/P/0291/F

110 Elm Tree Road, Locking, Somerset, BS24 8EL

Proposed conversion of existing loft space to include 2 bedrooms with dormers.

Approve

26/03/2003

35.    

03/P/0215/F

St Andrews Farm, Church Lane, Loxton. Somerset BS26 2XQ

Proposed two storey side extension

Refuse

24/03/2003

36.    

03/P/0489/PDA

Farmland adjacent to Puxton Lane (on east side) at Hewish, Somerset

Create conservation pond in field No 8115

Full planning permission required

21/03/2003

37.    

02/P/2877/F

12 Station Road, St Georges, BS22 7XH.

Proposed two storey rear extension

Withdrawn

10/03/2003

38.    

03/P/0107/F

1 Rose Cottages, St Georges, BS22 7XE

Retrospective application for replacement private workshop to rear of property

Approve

06/03/2003

39.    

03/P/0353/F

6 Lavender Close, Wick St. Lawrence, Somerset, BS22 9WB

Proposed single storey extension to rear of building

Approve

27/03/2003

40.    

02/P/2628/F

Bramley Farm, The Street, Regil, Winford, Somerset, BS40 8BD

Proposed erection of two storey side extension.

Approve

11/03/2003

41.    

03/P/0166/TPO

8 Walton Crescent, Winford, Somerset

Proposed reduction by 30% to T27 Lime

Part Approved/Part Refused

06/03/2003

42.    

03/P/0212/F

10 Church Road, Winford, Somerset, BS40 8EW

Proposed construction of a single storey extension to the rear of the property

Approve

26/03/2003

43.    

03/P/0250/F

3 The Oaks, Winford, Somerset, BS40 8AE

Proposed alterations to roof to increase ridge and provide dormer windows on rear elevation of property for additional bedrooms

Approve

26/03/2003

44.    

03/P/0317/PDA

Regilbury Farm, The Street, Regil, Winford, Somerset, BS40 8BB

Proposed erection of shed for storage of farm machinery.

Prior approval not required

10/03/2003

45.    

02/P/2061/F

St James the Great Church, Church Lane, Winscombe, Somerset

Re-opening of existing south west doorway and lowering of existing stone cill to provide level access. With new glazed door.  New hoggin footpath to link the re-opened doorway with the existing path

Approve

10/03/2003

46.    

02/P/2722/F

2 Quarry Road, Sandford, Winscombe, Somerset, BS25 5RL

Proposed erection of a new detached garage

Approve

10/03/2003

47.    

03/P/0055/LB

West End Farm, Barton, Winscombe, Somerset

Internal alterations to West End Farm House.Internal and external alterations to Westend Farm Cottage.

Approve

20/03/2003

48.    

03/P/0065/F

Four Gables, Rob-Lynne Court, Winscombe, Somerset, BS25 1HE

Conversion of garage to office/study and construction of side garage extension with accommodation in roof space over.

Approve

10/03/2003

49.    

03/P/0081/F

Channel Farm, Oakridge Lane, Winscombe, Somerset, BS25 1NJ

Proposed erection of a rear conservatory and study extension.

Approve

06/03/2003

50.    

03/P/0097/F

17 Yadley Close, Winscombe, Somerset, BS25 1AU

Construction of a two storey rear extension and replacement garage to the side of the property

Withdrawn

10/03/2003

51.    

03/P/0179/F

76 Sandford Road, Winscombe, Somerset, BS25 1JF

Proposed demolition of existing garage and erection of a new side garage with bedroom over and 4 dormer windows on the front roof elevation and one on the rear.

Approve

25/03/2003

52.    

03/P/0203/F

54 Church Road, Winscombe, Somerset, BS25 1BJ

Proposed formation of a dormer window and construction of a rear conservatory

Approve

26/03/2003

53.    

03/P/0207/F

5 Winnowing End, Sandford, Winscombe, Somerset, BS25 5RS

Proposed conservatory to rear

Approve

18/03/2003

54.    

02/P/2904/F

Redhill House, Redhill, Somerset

Proposed two storey side extension with first floor terrace and conservatory.

Withdrawn

10/03/2003

55.    

03/P/0091/LB

Stone Barn Farm, Bristol International Airport, Lulsgate, Somerset

Proposed temporary sealing of doorway.

Approve

10/03/2003

56.    

03/P/0093/F

Stone Farm Barn, Bristol International Airport, Lulsgate, Somerset

To provide temporary closure to existing barn

Approve

10/03/2003

57.    

03/P/0123/TPO

21 Hawthornes, Butts Batch, Wrington, Somerset, BS40 5LN

Proposed removal of T1 Conifer due to close proximity to property.

Approve

06/03/2003

58.    

03/P/0181/F

The Barton, Ropers Lane, Wrington, Somerset

Proposed construction of conservatory to the rear of the property.

Approve

18/03/2003

59.    

03/P/0240/F

Pine Farm, Wrington Hill, Wrington, Somerset, BS40 5PJ

Demolition of existing agricultural dwelling and erection of new 2 storey detached agricultural dwelling with associated garage

Approve

26/03/2003

60.    

03/P/0270/F

Udley Farm, West Hay Road, Wrington, Somerset

New entrance to agricultural land and buildings at Udley Farm to replace 2 no. existing entrances from West Hay Road.

Approve

02/04/2003

61.    

03/P/0327/F

1 Garstons, Wrington, Somerset, BS40 5QW

Proposed construction of single storey side extension

Approve

03/04/2003

62.    

03/P/0343/WT

Becket House, Station Road, Wrington, Somerset, BS40 5LG

Proposed thinning to no1 Ash tree

Approve without conditions

25/03/2003

 


                                                                                                                                                                        AGENDA ITEM 6.8

SOUTH AREA COMMITTEE – 23RD APRIL 2003

 

REPORT OF THE DIRECTOR OF PLANNING & ENVIRONMENT

 

A - PLANNING APPEAL DECISIONS

 

PLANNING APPLICATION NO.

DETAILS OF PLANNING APPLICATION

OFFICERS’ RECOMMENDATION OR DECISION IF DELEGATED

COMMITTEE DECISION IF RELEVANT

DECISION OF PLANNING INSPECTOR

CONTACT OFFICER

02/P/1270/O

 

Single storey dwelling,

Plot between 3 and 4 Orchard Walk, Churchill

Clive M Willey

Approve

Refuse

Allowed 13.03.03

Kevin Hunt

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

B – PLANNING APPEALS RECEIVED SINCE LAST COMMITTEE

 

APPEALS REFERENCE

APPLICATION NO.

DETAILS OF APPLICATION

DATE OF APPEAL

DATE OF INQUIRY/

HEARING IF KNOWN

CONTACT OFFICER

APP/DO121/A/03/1113293

 

 

02/P/1723/F

Creation of extra storage above existing dwelling to create two new dwellings,

L’Ancresse, Bristol Road, Hewish

Mr R E M Foulds

Received 20.03.03

Written representations

Sally Evans

 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

 


                                                                                                AGENDA ITEM 6.9

 

NORTH SOMERSET COUNCIL

 

REPORT OF AN OFFICER TO THE

 

SOUTH AREA PLANNING COMMITTEE

 

 23RD APRIL 2003

 

OFFICER:                  ENVIRONMENT GROUP MANAGER

OF:                              DEVELOPMENT AND ENVIRONMENT DIRECTORATE

SUBJECT:                 WILDLIFE AND COUNTRYSIDE ACT 1981 – SECTION 53, SCHEDULE 14 – DEFINITIVE MAP MODIFICATION ORDER IN RESPECT OF CLAIMED BYWAY OPEN TO ALL TRAFFIC AT PUBLIC FOOTPATH AX3/23, TOWERHEAD, BANWELL

 

 

SUMMARY

North Somerset Council was directed, on 20th March 2002, by the Secretary of State for Environment, Food and Rural Affairs to make the above Order.  The Order was made and advertised during December 2002 and January 2003.  The receipt of objections requires that the Order must now be referred to the Secretary of State for determination.  The Council must advise the Secretary of State whether or not it believes that the Order should be confirmed, or it may choose to take a neutral position.  This report sets out the current situation and considers the options available to the Committee in making a recommendation to the Planning and Regulatory Committee to approve the confirmation of the Order.

 

RECOMMENDATION

 

That the South Area Committee recommends to the Planning and Regulatory Committee that it supports the confirmation of the Order.

 

PROPORTIONALITY ISSUES

 

None

 

HUMAN RIGHTS ISSUES

 

The Definitive Map Modification Order process follows statutory procedure, and as it considers the possible existence of public rights of way it is undoubtedly in the public interest.  However, because the decision whether or not to confirm an Order is reached on the interpretation of the available evidence, the views of any affected property holder whose rights are affected must be taken into account. As this Order will be determined by the Secretary of State, she will be required to determine the appropriate course of action should a challenge be made on human rights grounds.

 

FUNDING IMPLICATIONS

 

The Secretary of State will determine the Order either by written representations, a hearing, or a local public inquiry.  Depending on which method is used (a local public inquiry is most likely) the costs will be in the region of £900 (written representations), £1900 (hearing) or £4200 (inquiry).   

 

If the Order is confirmed, it is estimated that the advertising and administrative costs will be between £500 - £1000.  Estimated costs of processing this application to date are approximately £4200.  The total cost to the Council is therefore estimated at approximately £10,000.

 

Members are asked to note that there is at present no specific budget provision for processing Definitive Map Modification Orders, so that the costs involved have to be met through further bids.

 

 

Approved Budget

Extra Bid?

Recurring/Base Budget?

Revenue

£ N

£ Y

£ N

Capital

£ N

£ N

£ N

 

OTHER/RESOURCE IMPLICATIONS

 

Legal

Crime &

Disorder

Health &

Safety

Equal Opportunities

Trades Unions

Youth Voice

Other

Y

N

N

N

N

N

N

 

COMMUNITY IMPACT

 

Corporate

Environment

Health & Welfare

Lifelong

Learning

Prosperity

N

Y

Y

N

N

 

POLICY IMPLICATIONS (if any)

 

The processing of applications for Definitive Map Modification Orders is a statutory duty as detailed in the Council’s Countryside Access Strategy.  The Council’s target is to clear the existing backlog by determining a minimum of six applications per year given current staffing levels.  

 

BACKGROUND

 

The Committee considered the evidence submitted in support of this application in February 2000. The application included three claimed routes, based on both evidence of use and historic documentary evidence. The officers’ recommendation was that insufficient evidence was available to support the application for the two claimed routes through the farm, but that the documentary evidence suggested that an order should be made to upgrade the public footpath AX3/23 to a byway open to all traffic.  However, the Committee resolved that no order should be made for any of the three routes.

 

The applicant appealed to the Government Office for the South-West against that decision.  On 20th March 2002, having considered all of the available evidence, the Secretary of State dismissed the appeal in respect of the two routes through the farm, but took the view that the documentary evidence, on the balance of probabilities, shows that  public footpath AX3/23 should be recorded on the Definitive Map as a byway open to all traffic.  She therefore directed the Council to make the Order.  A copy of the decision letter is attached at Appendix A.

 

The Order was made on 13th December 2002, and advertised on 20th December 2002, giving a deadline for representations and objections to be made by 30th January 2003.   The effect of the Order, if confirmed, will be to modify the Definitive Map and Statement by showing the route currently recorded as public footpath AX3/53 as a Byway Open to All Traffic, as shown on the attached plan.

 

15 letters of objection were received to the Order.  A summary of the grounds of objection is set out below.  The receipt of one or more objections to an order requires that the Council must refer the Order, with the objections, to the Secretary of State to be determined.   The Council must tell the Secretary of State whether it supports the confirmation of the order, or believes that the Order should not be confirmed, or in exceptional circumstances, it may decide to neither support or oppose confirmation.  It is stressed that the Council must make its decision only on the extent to which it believes that the evidence supports the Order; there is no opportunity for other considerations such as suitability, safety, landscape and wildlife conservation or desirability to be taken into account.

 

The Secretary of State’s consideration of the evidence for and against the application is detailed in the Secretary of State’s direction letter.  The Committee will need to take account of the reasons for the direction and also to decide whether there is now any new evidence, taken into account with that previously considered, that will help it reach its decision. 

 

SUMMARY OF OBJECTIONS TO THE ORDER

 

As stated above, fifteen letters of objection were received.  There were no letters of support for the Order.  The letters have been analysed to identify a total of nine individual grounds of  objection. These are summarised below together with the case officer’s comments.

 

1.                  That there has been no recent use of the order route by the public other than on foot.  Occasional permissive use has been made by the hunt.  Vehicular use has only been by the landowner and neighbouring landowners, in accordance with documented private rights or prescriptive rights.  One of the landowners states that vehicles and horses have not been allowed to use the route during the past 30 years while he has been there.

 

Officer’s comment:       The Secretary of State’s appeal letter makes it cleat that the user evidence does not support the claimed rights; it is the documentary evidence that is supportive.

 

2.                  The order route carries only public rights of way on foot.  The Road used as Public path to which it connects is an occupation road, with the bridge on that path over the railway having been erected as an accommodation or occupation bridge for access to agricultural land.  Suggestion that if footpath AX3/53 was originally used by vehicles, was it no more than an occupation road itself?

 

Officer’s comment:       The route is shown on the current definitive map as a public footpath, but was originally acknowledged to be a CRF (cart or carriage road used as a footpath) by the parish survey carried out when the map was prepared.  The showing of a way of a particular status on the Definitive Map is conclusive of the rights shown, but does not preclude the existence of higher rights.  Occupation roads are generally accepted to have been intended only for use by landowners as a means of accessing their land, however public rights can have come into existence over time if public use was unchallenged and uninterrupted for at least twenty years. There is no available evidence concerning this possibility.

 

3.                  That there is no proof that the “so-called old roads” followed the line shown on the order plan.  There is nothing visible on the ground to show the past existence of a road, such as trees lining the route.  Probes have not found any signs that the route was stoned, which seems likely if it was used as a vehicular road.  The gateway onto the A368 may be of modern construction.  The safety and suitability of such a route as a vehicular way would have been taken into account by our forebears.

 

Officers comment:      The line of the path is in accordance with the Definitive Map which shows a public footpath over the route. Older maps suggest an unbounded track; any need for a stone or other hard surface would presumably have been dictated by the level and type of use being made of the route; it is difficult to equate the extent to which a route is used with its legal status.

 

4.                  That the evidence concerning the proposed diversion of the route through Quarter Sessions in 1853 is insufficient to support the claim of vehicular rights existing.

 

Officer comment:        The Secretary of State takes the view that the Quarter Sessions Order and the landowner’s consent thereto in 1854 are good evidence of the existence of other public rights of way besides those on foot. It appears to be a valid and widely held view that it was necessary to apply to the Quarter Sessions justices to divert highways that were not solely for public use on foot.

 

5.                  That the evidence in support of the claimed rights is not acceptable, possible or valid.

 

Officer comment:        The Quarter Sessions Order, the Rural District Council Road List of 1929 and the County Roads Records of 1930 when taken together and with the addition of the parish survey card suggest that the route carried higher public rights than those on foot.

 

6.                   Access onto the A368 is dangerous.

 

Officer comment:          This is not a valid consideration.

 

7.                  Pedestrian and vehicular use are not compatible.

 

Officer comment:          This is not a valid consideration.

 

8.                  The order route is not suitable for use as a Byway Open to All Traffic.

 

Officer comment:          This is not a valid consideration.

 

9.                  That it is inappropriate to determine such matters by means of historic documents that do not bear relevance to the modern context.

 

Officer comment:        The legal principle “Once a highway, always a highway” applies.  The process of determining such claims relies on the interpretation of historic documents and/or rights acquired by public usage if certain conditions can be shown to have been met.  The objector acknowledges in his letter that a change in the existing law would be required before this argument could be applied.   

 

DETERMINATION OF THE ORDER

 

The Secretary of State will determine the Order by one of three methods, in consultation with the objectors.  The first option is to deal with the matter by written representations from the interested parties.  This method is generally only used when there are a very small number of objectors, the issues under consideration are straightforward, and the objectors do not wish to be heard in person. 

 

Alternatively, where the number of objectors is few, and the issues are not especially complex, but where the objectors wish to be heard, a Hearing may be held.  The hearing is led by an independent Inspector appointed by the Secretary of State to hear the case. It takes the form of a round-the-table discussion of all the considerations involved, but there is no cross-examination of witnesses permitted. All of the interested parties must be in agreement to this method being used; if they are not, and if written representations are not appropriate, a local public inquiry must be held.

 

The third option (which is mostly commonly used) is the local public inquiry.  Any person may present a case either in support of or against the Order, with the main parties expected to produce statements of their case and proofs of evidence in advance.

 

Whichever method is used, the Council will be required to present its case according to the stance it has opted to take.  If a hearing or local public inquiry is required, the Council must make the arrangements and bear the costs of providing a suitable venue, advertising the date and location, provision of site notices etc. 

 

CONCLUSIONS

 

The Council’s original consideration of the application took all three of the claimed routes into account.  The Secretary of State decided through the appeal process that the Council had been correct in rejecting two of the three routes, and that none of the three were supported by the user evidence submitted.  However, in respect of the claim that the existing public footpath AX3/53 carried higher rights, and was in reality either a public bridleway or a byway open to all traffic, the Secretary of State decided that the documentary evidence, on the balance of probabilities, suggested that public vehicular rights exist.  She therefore directed the Council to make an order to modify the Definitive Map to show the path as a Byway Open to all Traffic.

 

The Order must now be referred to the Secretary of State for determination.  The Council must advise the Secretary of State whether or not it believes the Order should be confirmed.  The Council must reach its opinion only on consideration of the evidence; no other considerations can be applied.

 

It is the opinion of the Council’s officers that there is no significant evidence that would bring into question the Secretary of State’s decision that on the balance of probabilities, the historical documentary evidence suggests that vehicular rights do exist over the order route.

The Council’s statutory duty is to maintain the Definitive Map as an accurate legal record of the public’s rights of way. 

 

The Committee is therefore recommended to advise the Planning and Regulatory Committee that the Council should inform the Secretary of State that it supports the confirmation of the Order.      

 

 

Contact officer :                      Richard Broadhead, Access Policy Officer

                                                richard.broadhead@n-somerset.gov.uk

 

Background papers :              Public Rights of Way file no: Mod07



                                                                AGENDA ITEM 7

 

NORTH SOMERSET COUNCIL

REPORT OF AN OFFICER TO THE

south Area Committee MEETING ON 23rd APRIL 2003

 

 

OFFICER:

SOLICITOR TO THE COUNCIL

OF:

COrporate SERVICES unit

SUBJECT:

CERTIFICATE OF LAWFULNESS FOR A proposed USE of a building at sunnyside  mill lane butcombe as a dwellinghouse (granny house / guest’s house) (APP. NO. 03/P/0160/LUP)

KEY DECISION:

NO

 

 

1.      SUMMARY

 

To apprise the Committee of the application to enable the matter to be determined.

 

2.      RECOMMENDATIONS

 

 

That a Certificate of Lawfulness should be granted for a proposed use of the building within the curtilage of the main dwellinghouse as residential accommodation (only for visiting friends and family of the occupiers of the main dwellinghouse) being an integral part of the main use of the land as a single dwellinghouse. The Certificate should be granted on the grounds that this use does not involve a material change of use of the land.

 

3.      PROPORTIONALITY ISSUES

 

None.

 

4.      HUMAN RIGHTS ISSUES

 

None.

 

5.      FUNDING IMPLICATIONS

 

 

Approved Budget

Extra Bid?

Recurring/Base Budget?

Revenue

 

 

 

 

Capital

 

 

 

 

 

6.      OTHER/RESOURCE IMPLICATIONS

 

Legal

Crime & Disorder

Health & Safety

Equal Opportunities

Trades Unions

Youth Voice

Other

Y

N

N

N

N

N

N

 

7.      COMMUNITY IMPACT           PARISH SPECIFIC – butcombe

 

Corporate

Environment

Lifelong Learning

Health & Welfare

Prosperity

N

N

N

N

N

 

8.      POLICY IMPLICATIONS (if any)

 

None.

 

 

9.      DETAILS

 

9.1 Background

 

The application was received on 14th January 2003. It concerns the proposed use of a building at Sunnyside Mill Lane Butcombe (shown edged in black and building hatched black on the attached plan). The application is for the building to be used as a dwelling. The applicant states that the dwelling is within the boundary of Sunnyside and has no wish for the house to be separated from Sunnyside. He wishes to reinstate its ability to be used as a dwellinghouse. He further states that the building was used as a dwelling until the 1940s and now wishes to use it as a granny house / guest’s house.

He also states that the building in the past has been used as a dwelling. It has its own water supply, mains electric and is connected to the main drains. Since the building stopped being a dwelling it fell into a state of disrepair and has since been used for storage. He has repaired the roof and made good the walls and now wishes to use the building as a dwelling again.

 

The applicant has provided further clarification about the building and its proposed use. It is intended that there will be a small kitchen but there are no separate rooms as the area is open plan. There is no intention to use the building as accommodation for paying guests. It is our intention that the building is to be used as part of the main dwellinghouse and will be used by our visiting family and friends. But as both me and my wife have elderly parents we would like at some point in the near future (hopefully not too near) to have the option to house them in the building, this would require a certain amount of independence such as a bathroom and kitchen.

 

 

9.2 Comments of Planning and Environment

 

a)      Development Control

The building in question is 4.4 metres from the original dwelling, which has had no previous extensions. The building is within the residential curtilage of the main house at Sunnyside.

The development control records do not have any reference to the extension of the building in question. The current owner claims not to be aware of any previous extensions to the outbuilding, however circumstantial evidence suggests that there has been an extension to the building.

The use of the outbuilding as ancillary residential accommodation to the main dwelling is permitted development.

The plans as submitted with the LUP show a building of different dimensions to that on the ground. When I visited the site on 13.2.2003 it was clear that the southern elevation has one continuous wall along the whole elevation. Yet the plans submitted show that the wall kicks inwards on the north and south walls. This strongly suggests recent extensions.

Aerial photographs taken of the site at approximately the end of 2000 have been viewed, however these prove to be inconclusive.

Given the distance from the original dwelling, any extensions on the outbuilding would count against the volume entitlement of the dwelling. The existence of an extension cannot be confirmed, however, any extension would be counted as permitted development under the T&CP(GDPO)1995.

The building is within the curtilage of the main dwelling.

 

b)      Environmental and Consumer Protection

No record of the property.

 

 

 

 

 

9.3 Comments of Parish Council and Local Members

 

Butcombe Parish Council – after talking to the older inhabitants of the village our understanding is that the building at Sunnyside has always been used as a store and has never been used as a dwelling house. We have heard that the proposed use of the building may include commercial letting for bed and breakfast. The parish council believes that full planning permission is necessary.

In addition they subsequently contacted planning officers and commented: a stone shed, open at the back and only partially roofed has been converted into a granny flat/guest house without planning permission. We have made enquiries and discovered that if it was ever used as a dwelling it has not been for a very long time. Several people in the village will testify to this and one will testify that it has not been used as a dwelling since 1931. We are not sure exactly to what use the applicant wishes to put the dwelling and how often it will be used, but the site is very tight for space and it would be difficult to park any cars in addition to those belonging to the applicant’s family. There is no turning space and it is hazardous to back a car into the road. We think it unlikely that planning permission would have been granted in the first instance and it would clearly set an unfortunate precedent as an incidence of planning permission by the back door if a certificate of lawfulness was grated now. We cannot therefore recommend that a certificate be granted and suggest that it might be sensible to have a site meeting of North Somerset South Committee.

 

 

10.  CONSIDERATION

 

The applicant has not applied for use as a separate dwellinghouse. He has applied for use of the building as residential accommodation only for family and friends visiting the occupiers of the main dwellinghouse.

 

The applicant did not have to prove that the building had previously been used for residential purposes, but it had to be clear that it was within the curtilage of the main dwellinghouse. The planning officer who had been on site had no reason to doubt that the building was within the curtilage of the main dwellinghouse.

 

Section 55(2)(d) of the T&CPAct 1990 confers the right to USE any buildings or other land within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse as such. A building within the curtilage may be put to any use which is either a primary residential use or incidental to such a use. 

In a 1987 case the Secretary of State stated “it is the departments present view that the use of an existing building in the garden of a dwellinghouse for the provision of additional bedroom accommodation is not now to be regarded as being incidental to the enjoyment of the dwellinghouse as such…:it merely constitutes an integral part of the main use of the planning unit as a single dwellinghouse and, provided that the planning unit remains in single family occupation, does not therefore involve any material change of use of the land”.

In a 1992 case where a garage had been adapted for occupation by an elderly relative, this creation of a residential annex to an existing dwellinghouse was not held to constitute a material change of use. It was held that the essential question was whether the change had resulted in the creation of a separate planning unit, in which case a material change of use would have occurred. The fact that the elderly relative occupying the annexe would have her own essential facilities so that she would be independent from the rest of the family did not of itself result in the creation of a separate planning unit.

 

The parish council raised concerns about whether the building was to be used for paying guests. If the building were to be used for paying guests then this would be a material change of use being neither a use that was either part of the primary residential use or incidental to such use. However the applicant states that this is not the proposed use.

 

There appears to be some confusion as to whether or not the building has been extended at any time. However this application is merely for USE of the building shown on the application plan. Whether or not it has been extended is not relevant to the issue of proposed use.

 

 

11.conclusion

 

That a Certificate of Lawfulness should be granted for a proposed use of the building within the curtilage of the main dwellinghouse as residential accommodation (only for visiting friends and family of the occupiers of the main dwellinghouse) being an integral part of the main use of the land as a single dwellinghouse. The Certificate should be granted on the grounds that this use does not involve a material change of use of the land.

 

Contact Officer: Katy Blake, Senior Legal Officer (Ext. 8881)

Background Papers: Working File

 

 


SUNNYSIDE, MILL LANE, BUTCOMBE


                                                                                    AGENDA ITEM 8

 

NORTH SOMERSET COUNCIL

REPORT OF AN OFFICER TO THE

SOUTH AREA COMMITTEE MEETING ON 23rd APRIL 2003

 

 

OFFICER:                  JO SHANKS

OF:                              CORPORATE SERVICES UNIT

SUBJECT:                 AREA COMMITTEES – BUDGET BIDDING

KEY DECISION:      NO

 

SUMMARY

 

1) To submit a report to Members on the applications received in the South Area for financial assistance under the Budget Bidding Process and to submit recommendations on the applications to the Leader for approval.

 

2) To request that individual Members, or Ward Members collectively undertake the monitoring of the projects/initiatives supported for audit purposes.

 

RECOMMENDATIONS

 

(1)        To consider the applications and submit recommendations to the Leader.

 

PROPORTIONALITY ISSUES

 

(1)        .........................................................; and

 

(2)        ..............................................................................................

 

HUMAN RIGHTS ISSUES

 

..............................................................................................................................

 

FUNDING IMPLICATIONS

 

                        Approved Budget                     Extra Bid?                    Recurring/Base Budget?

Revenue           £27,500                                   £                                              Y/N     £

Capital             £                                              £                                              Y/N     £

 

OTHER/RESOURCE IMPLICATIONS

 

Legal    Crime & Disorder    Health & Safety    Equal Opportunities    Trades Unions    Youth Voice    

 

Y                 Y                                 Y                              Y                               N                       Y

 

Other

 

N

 

COMMUNITY IMPACT

 

Corporate    Environment       Health & Welfare       Lifelong Learning              Prosperity

 

Y/N              Y/N                         Y/N                           Y/N                                  Y/N

 

POLICY IMPLICATIONS (if any)

 

(1)               Local Area Initiative

 

DETAILS

 

Criteria has been approved for the budget bidding process for which there is an allocation of £27,500 in 2003/04 to be considered on the basis of recommendations from this area committee.

 

1.         Background

 

1.1       A budget of £110,000 has been made available to be allocated equally to each of the four areas and to be made available through bids submitted via area committees with local Members’ support for local community, including town & parish council, initiatives.

 

1.2              The budget bidding process was approved originally by the then Policy Committee on 26 June 2001.

 

2.         Budget Bidding Process

 

2.1       The following criteria has been revised and approved by the Leader taking into account Members views:

 

(a)        The sum of £27,500 be allocated to each of the four Area Committees,

(b)        Bids require sponsorship and support of the local ward member(s) to be brought forward.

(c)        Bids be considered on the recommendation of the Area Committee submitted to the Leader,

(d)               Bids in any cycle to be prioritised first by the Area Committee and then by the Leader in the determination of applications,

(e)                Bids are acceptable for capital projects or initiatives which have a community focus but will not normally be approved to replace a service budgeted for and provided by North Somerset Council or other public authority.

(f)         Bids to be required to satisfy an identified local need which would not otherwise be funded and would be encouraged where an equal or higher proportion of matched funding is available from a town or parish council or from some other source,

(g)                    Where a project or scheme involves NSC, and the Council is the contractor or responsible for carrying out the work (eg, highways), this must be within or capable of being integrated into the NSC works programme for the year. (This will require reference and clarification from the relevant NSC directorate before report to the Area Committee).

(h)        Allocated sums to be paid upon completion or as approved by the officers (Head of Corporate Policy and the Head of Corporate Finance) in the event of an ongoing project or revenue funding offer,

(i)                  Projects not normally to be approved for equipment purchased in advance or where work has already begun except where funding might be sought for an additional phase of a long term project.

3.         New Applications

 

3.1       One new application has been received. The full application forms are completed on file and can be viewed by contacting the Officer below.

 

Organisation

Project

Total Cost of Project

Funding Requested

Matched Funding

Reason for application

Congresbury War Memorial Hall & Councillor Mrs Knifton

To refurbish the Memorial Hall toilets.

Approx £6,000

£3,000

£1,000 raised to date through fundraising activities. Awaiting result of bid to Parish Council for £1,000. Asking local businesses for donations.

To benefit all users of the hall and need to comply with EU Regulations coming into force next year.

 

4.      Recommendations

 

4.1       Members are invited to submit their recommendation on the application. A sum of approximately £27,500 still remains unallocated from this year’s budget.

 

Background Papers

 

North Somerset Council Budget 2002/2003

Policy Committee Report and Minutes 26 June 2001

Application letters

Application forms completed - on file and can be viewed by contacting the Officers below

 

Contact Officers

 

Jo Shanks, Customer Services Officer, Ext 8638