Agendas, Minutes and Reports

MINUTES

OF THE MEETING OF THE

NORTH AREA COMMITTEE

THURSDAY 21ST APRIL 2005

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

Meeting Commenced: 2.30 p.m. Meeting Concluded: 4:50 p.m.

PRESENT: Councillors Jon Gething (Chairman), Nigel Ashton, John Clark, Alan Cotton, Glyn Duck, Carl Francis-Pester, George Morris, Michael Nobes, John Norton-Sealey, David Shopland, Arthur Terry, Barry Walters (Vice-Chairman)

APOLOGIES FOR ABSENCE: Councillors Ian Bates, Nick Brown, Chanel Stevens

ALSO IN ATTENDANCE: Councillors Felicity Baker (Vice-Chairman of Planning and Regulatory Committee), Peter Burden (Executive Member)

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Public Speaking at Area Committees Under Standing Order 17A

Application No. 04/P/2418/O

Mr Martin Saysell, the applicant, addressed the Committee and spoke in support of the application for planning permission at Gordano Valley Riding Centre, Moor Lane, Clapton-in-Gordano (Agenda Item 5.1).

The Chairman thanked Mr Saysell for his address.

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Public Speaking at Area Committees Under Standing Order 17A

Application No. 05/P/0519/F

Mr D Bowring, a local resident, addressed the Committee raising objections to the application for planning permission at Plot 1 Charlcombe Rise, Portishead (Agenda Item 5.5).

Ms Lyn Jones, agent on behalf of the applicant then addressed the Committee speaking in support of the application

The Chairman thanked both speakers for their address.

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Declarations of Interest by Members (Agenda Item 3)

Members declared the following interests :

Councillor Glyn Duck declared a personal interest in agenda item 5 – he had in the past had building works done by the applicant.

Councillor Michael Johnston declared a personal interest in agenda item 5.4 – his son is a pupil at Gordano School.

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Minutes of the Meeting held on 24th March 2005 (Agenda Item 4.1)

RESOLVED: that subject to the addition of the words “and associated costs (including insurance),” at minute NAC 225 paragraph (4) after the words “public address system”, the minutes of the meeting held on 24th March 2005 be approved as a correct record and signed by the Chairman.

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Minutes of the Site Meetings held on 18th April 2005 (Agenda Item 4.2)

RESOLVED: that the minutes of the site meeting held on 18th April 2005 be confirmed a correct record and signed by the Chairman.

PART 1 – RECOMMENDATIONS TO THE PLANNING AND

REGULATORY COMMITTEE

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Application No. 04/P/2594/O – Outline application to resite existing outdoor school and construct new indoor school at Gordano Valley Riding Centre, Moor Lane, Clapton-in-Gordano (Agenda Item 5.1)

The Director of Development and Environment’s representative reported on the above application for planning permission. He drew Members’ attention to the update sheet, which detailed the response to consultation from the Environment Agency, additional information from the applicant and officer’s comments and an amendment to the recommendation by the deletion of Refusal reason 2. A copy of the update sheet is filed on the Minute Book.

In considering the application Members were of the view that the riding school made a valuable and important contribution to the local, rural economy. The Committee considered the application should be approved by reason of special circumstances. The existing business needed to continue and expand in line with the need for rural diversification, promoting tourism and economic growth; it was satisfying a growing need in a growing residential area.

RECOMMENDED TO THE PLANNING AND REGULATORY COMMITTEE: that the application be APPROVED subject to appropriate conditions to be agreed.

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Application No. 05/P/0519/F – Retrospective reserved matters application for new dwelling at Plot 1, Charlcombe Rise, Portishead (Agenda Item 5.5)

The Director of Development and Environment’s representative reported on the above application for planning permission. The Committee was advised of further correspondence received and the views of the town and parish councils since the agenda had been published, as detailed on the update sheet, a copy of which is filed on the Minute Book.

In considering the application, some Members echoed the views of the town and parish councils. The Chairman of the Planning and Regulatory Committee, under the provisions of Article 10 ii) b) of North Somerset Council’s Constitution, referred the matter to the Planning and Regulatory Committee

RECOMMENDED TO THE PLANNING AND REGULATORY COMMITTEE:

(1) that the application be APPROVED subject to the following conditions:

1. Works to amend the roof of the dwelling to accord with the proposals hereby approved shall be completed in accordance with the approved plans and specifications within 3 months of the date of this permission.

2. The approved details of landscaping, including the re-siting of the fence to the west of the dwelling, shall be carried out in the first planting and seeding season following the date of this decision.

3. 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.

4. Within two months of the date of this permission, full design details of all walls, gates, fences and other permanent means of enclosure and boundary treatment, including height and means of construction, shall be submitted to the Local Planning Authority for its approval. Notwithstanding the provisions of the Town and Country Planning (General Permitted) Development Order 1995, or any order revoking and re-enacting that Order, any enclosure of the application site shall take place strictly in accordance with the agreed scheme.

5. Notwithstanding the provisions of the Town and Country Planning (General Permitted) Development Order 1995, or any order revoking and re-enacting that Order, no extensions or external alterations to the dwelling shall be carried out without the permission, in writing, of the Local Planning Authority.

6. No structure, erection or planting exceeding one metre in height above the adjoining carriageway level shall be placed within the sight lines at the junction between Charlcombe Heights and Down Road shown on a plan to be approved, in writing, by the Local Planning Authority.

AND

(2) That the Enforcement Notice dated 12 January 2005 be WITHDRAWN and that a fresh Enforcement Notice be served changing the requirements of the Notice to amend the dwelling in line with the requirements of condition 1 above.

(Councillor Nigel Ashton voted against the recommendation to approve the application and requested that his vote be recorded.)

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Application Nos. 04/P/3331/F and 04/P/3332/F – Former Council Yard, Brampton Way, Portishead (Agenda Item 5.13)

The Committee received a reference from the Planning and Regulatory Committee of 13th April 2005 (minute PAR 98 refers) which invited comments on the amended plans which had been received on 11th April 2005.

In considering the amended plans, concerns were still expressed as to the scale, height and mass of the building on this prominent site, and the protection of the dedicated parking bay for service vehicles to the development. Members considered that the provision of affordable housing should ideally be included within the development. The Committee withdrew its objection to the level of parking provision for service vehicles.

RESOLVED: that the above comments be referred to the Planning and Regulatory Committee and

RECOMMENDED TO THE PLANNING AND REGULATORY COMMITTEE that applications 04/P/3331/F and 04/P/3332/F be REFUSED for the following reason:

The proposed development, by virtue of its position, scale and height, would result in a built form that would be detrimental to the living conditions of adjacent local residents by way of overbearing impact and loss of privacy, contrary to policy HOU/2 of the North Somerset Local Plan.

DECISIONS OF THE AREA COMMITTEE

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Application No. 04/P/2418/O – Erection of dwelling (outline) at Gordano Valley Riding Centre, Moor Lane, Clapton-in-Gordano (Agenda Item 5.2)

RESOLVED: that the application be APPROVED subject to (1) the referral of the application to the First Secretary of State as a departure from the Development Plan; (2) the applicants entering into a section 106 Agreement agreeing: (i) not to implement planning permission 99/1890, dated 12 May 2000, and (ii) not to let, sell, or otherwise dispose of the dwelling separately from the Gordano Valley Riding Centre; and subject to the following conditions:-

1. Approval of the details of the siting, design and external appearance of the building(s), the means of access thereto and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority, in writing before any development is commenced.

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

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

4. The occupation of the dwelling hereby permitted shall be limited to a person wholly or mainly working on site in connection with the management and supervision of the Gordano Valley Riding Centre as shown edged blue on the site plan received on 29 July 2004, and to any resident dependants thereof.

5. The dwelling hereby permitted shall not exceed a height of 6.7 metres above ground level.

6. The floor space of the dwelling hereby permitted shall not exceed 150 square metres (net).

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

8. The finished floor, ground and ridge height levels shall not exceed those shown on plans to be approved by the Local Planning Authority.

9. The dwelling hereby permitted shall not be occupied until no less than 80% of the ‘indoor riding school’ building shown on drawing number 2176-01 has been demolished in its entirety and all trace thereof removed from the Gordano Valley Riding Centre site (as identified on drawing number 2176-01 and edged red on the approved block plan received 13 September 2004) – in accordance with plans and specifications to be submitted to and approved by the Local Planning Authority.

10. Notwithstanding the provisions of the Town and Country Planning (General Permitted) Development Order 1995, or any order revoking and re-enacting that Order, no extensions or external alterations to the dwelling shall be carried out without the permission, in writing, of the Local Planning Authority.

11. Notwithstanding the provisions of the Town and Country Planning (General Permitted) Development Order 1995, or any order revoking and re-enacting that Order, no garage, shed or other structure shall be erected within the curtilage of the dwelling hereby permitted (as outlined in red on the approved plan) without the written permission of the Local Planning Authority and the approval by them of the design, siting and external appearance of such structure.

12. The details submitted in accordance with condition 1 of this permission shall include plans showing the species, size and spacing of new landscape work, as appropriate, and its relationship to existing landscaping and the proposed development, together with proposed fencing designed to protect new landscape work from horses.

13. All works comprised in the approved details of the landscaping scheme, including the erection of protective fencing, shall be carried out during the first available planting season (October to March inclusive) following occupation of the dwelling or completion of the development, whichever is sooner.

14. Trees, hedges, plants and protective fencing shown in the landscape scheme to be retained or planted which, during the development works on a period of 10 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.

15. 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.

16. No development shall commence until plans and specifications showing

the retention and conversion of no more than 20% of the indoor riding school for use as an ancillary store have been submitted to and approved in writing by the Local Planning Authority. The works shall not take place except in accordance with the approved details.

Advice notes

The applicant is advised that the details should be referred to Gordano Valley Internal Drainage Board to allow land drainage consent to be obtained from the Board for the additional flows generated by the proposals.

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Application No. 05/P/0364/F – Change of use from existing B1 offices to mixed offices (B1) and consulting rooms – D1 to facilitate use of office suite for medical consultations and minor non-surgical procedures at Building C2, Portishead Office Park, Wyndham Way, Portishead (Agenda Item 5.3)

The Director of Development and Environment’s representative reported on the above application for planning permission. It was unanimously

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

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

2. The premises shall be used for the purposes of offices, consulting rooms and non-surgical procedures as described in the application and for no other purpose including any other purpose in D1 of the Schedule of the Town and Country Planning (Use Classes) Order 1987 or in any provision equivalent to that class or any statutory instrument revoking and re-enacting that Order

3. The amount of floor space used for D1 as described in the application and in condition 2 shall be restricted to no more than 20% of the total gross floor space of the premises.

4. The use hereby approved shall not commence until a minimum of 2 parking spaces, in close proximity to the entrance of the building have been marked out for disabled people, to the satisfaction, in writing, of the Local Planning Authority.

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Application No. 05/P/0322/RG3 - Refurbishment and redevelopment of site including erection of 1 and 2 storey block and 4 no. 1 storey extensions. Landscaping across site at Gordano School, St. Mary’s Road, Portishead (Agenda Item 5.4)

The Director of Development and Environment’s representative reported on the above application for planning permission. He drew Members’ attention to the update sheet, which detailed other issues which had been considered, and amendments to the recommendation. A copy of the update sheet is filed on the 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 three years from the date of this permission.

2. No works shall be commenced until samples of the materials to be used in the development, including surface materials to the hard landscape areas, have been submitted to and approved, in writing, by the Local Planning Authority. The development shall be carried out in the approved materials unless otherwise agreed in writing.

3. Notwithstanding the submitted cycle stand provision, details providing for a minimum provision on site of 1 cycle space for every 5 pupils/students attending the school shall be submitted to and be approved by the Local Planning Authority prior to work commencing on site. The submitted details shall provide for covered cycle provision and shall include full plan and elevation details of the construction proposed including external materials and the timescale for bringing the agreed cycle provision into use.

4. The proposed cycle provision shall be erected in accordance with the approved plans and within the timescale agreed under condition 3 of this permission.

5. The premises shall not be occupied until the public accesses have been equipped with ramp(s) for the disabled in accordance with details to be submitted to and approved, in writing, by the Local Planning Authority.

6. No development shall take place until a scheme for external site lighting has been submitted to and approved in writing by the Local Planning Authority. The lighting scheme, which shall include re-appraisal of all existing external lighting needs on the site and details of all lighting modifications considered necessary by an approved lighting engineer, shall include plans/details of (a) all columns and luminaires whether free standing or mounted on buildings, (b) the proposed average maintained luminance levels at ground level, (c) a lighting contour plan to show lux levels at the boundary with existing residential property and (d) an annual program of maintenance works that is to be carried out by a qualified lighting engineer. No additional external lighting shall be provided at the site except in accordance with the approved scheme.

7. Details of the proposed Travel Plan shall be submitted to and approved by the Local Planning Authority in writing prior to work commencing on site. The Travel Plan shall be operated in accordance with the approved detail unless otherwise approved in writing from the Local Planning Authority.

8. No development shall commence until foul and surface water drainage details have been submitted to and approved by the Local Planning Authority in writing. The agreed drainage works shall be carried out in full prior to the use commencing.

9. Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from impermeable parking areas and hardstandings for vehicles, shall be passed through an oil interceptor designed and constructed to have a capacity and details compatible with the site being drained. Roof water shall not pass through the interceptor.

10. No development approved by this permission shall be commenced until a scheme for the provision of surface water drainage works has been submitted to and approved in writing by the Local Planning Authority.

11. There shall be no discharge of foul or contaminated drainage from the site into either groundwater or any surface waters, whether direct to watercourses, ponds or lakes, or via soakaways/ditches.

12. No works shall commence until the Local Planning Authority has been given at least seven days’ notice of the intention to start work on site.

13. The developer shall afford access at all times to any archaeologist nominated by the Local Planning Authority, and shall allow him or her to observe the excavations and record items of interest and finds.

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

15. For the duration of the development works existing trees/shrubs shall be protected by a suitable barrier erected and maintained at a distance from the trunk or hedge specified, in writing, by the Local Planning Authority. The Authority shall be informed at least seven days before works start on site so that barrier position can be established. Within this protected area there shall be no excavation, tipping or stacking, nor compaction of the ground by any other means.

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

17. 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.

18. The approved external lighting for the site shall be installed and operated so that the level of illumination when measured in a horizontal plan at ground level shall not exceed the lux levels shown on the approved plans/detail submitted in respect of condition number 7. Thereafter, the agreed lighting specification shall be inspected by an approved lighting specialist every 12 months and adjusted as necessary to comply with the requirements of condition number 7. The result of the annual inspection shall be notified in writing to the Local Planning Authority.

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Application No. 05/P/0320/F – Erection of replacement stable building at The Groves, Cross Lane, Easton-in-Gordano (Agenda Item 5.6)

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

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

2. Details of the means of storage and the disposal of stable waste shall be submitted to and approved by the Local Planning Authority prior to the occupation of the stables by livestock. All waste shall be stored and disposed of in accordance with the approved scheme.

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

4. The details submitted in accordance with condition 3 of this permission shall include plans showing the species, size and spacing of new landscape work, as appropriate, and its relationship to the proposed development.

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

6. 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.

7. No development shall commence until drainage details have been submitted to and approved by the Local Planning Authority. The approved scheme shall be fully implemented prior to the first use of the building.

8. The stables hereby approved shall be used only for the private equestrian use of the owner only and shall not be used for any commercial riding, breeding, livery or training purposes.

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Application No. 05/P/0160/F – Erection of a first floor side extension over existing garage at 35 High View, Portishead (Agenda Item 5.7)

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

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

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

2. The 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.

3. Notwithstanding the provisions of the Town and Country Planning (General Permitted) Development Order 1995, or any order revoking or enacting that Order, no additional windows, rooflights or dormers shall be inserted in side (north) elevation without the prior written consent of the Local Planning Authority.

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Application No. 05/P/0523/RG3 – Erection of single storey extension to provide three additional classrooms and extension to existing hall without complying with condition 7 attached to planning permission 04/P/1896/RG3 which required that the development shall not be brought into use until a dropping off facility has been brought into use at St. Peter’s School, Hallets Way, Portishead (Agenda Item 5.8)

The Director of Development and Environment’s representative reported on the above application for planning permission. The Committee was advised of further correspondence received since the agenda was published on the update sheet, a copy of which is filed on the Minute Book.

In considering the application Members were very much aware of the effect of parking at school dropping off/collection times on the residents of Hallets Way under the current conditions. They noted the reference to a Travel Plan for the school.

RESOLVED: that determination of the application be DEFERRED for one cycle to enable planning officers, and officers from the Education Department and the school to report further proposals and details of the Travel Plan for St Peter’s Primary School.

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Halliwell Road, Redcliffe Bay, Portishead (Agenda Item 5.9)

The representative of the Director of Development and Environment presented a report.

RESOLVED: that subject to legal process, the sums of money from planning agreements relating to plots accessed from Halliwell Road be returned to the householders /developers for them to make their own arrangements for the works to improve the private lane.

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Applications Determined by the Officers (Agenda Item 5.10)

RESOLVED: that the decisions contained in Section 3 of the report of the Director of Development and Environment for the period 10/03/05 to 03/04/05 detailing the applications dealt with by the officers under delegated authority be noted.

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Planning Appeals (Agenda item 5.11)

The Director of Development and Environment’s representative reported on the appeal decisions received and new appeals lodged since the date of the last meeting. Members commented on the planning appeal decision in respect of the Home Office Screening Unit and requested a report to a future meeting of the Committee to update Members on how the proposals by the Home Office would be monitored so that assurances could be given to local residents..

RESOLVED: that the report be noted.

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Application No. 05/P/0104/F – Variation of Condition – extra 150 dwellings at The Ashlands, Portishead (Agenda Item 5.12)

The Committee considered a report in respect of the developer’s Section 73 application to vary the terms of Condition 5 of the outline consent granted in August 2002 (00/P/1844/OT2) which stated that no more than 1500 dwellings shall be constructed on the site. The application seeks to vary Condition 5 in order to provide an additional 150 dwellings.

The report was to inform the Committee of the current stage of the processing of the application and to provide an opportunity for Members to request any additional information which would be required by them in order to make an informed decision at a future meeting. An outline map of the development, divided into areas detailing the proposed numbers of dwellings in each area, was tabled at the meeting (copy filed on the Minute Book).

The Committee raised various issues including the lack of meaningful community facilities (for example a community meeting place), houses were a long way from shops; inadequate infrastructure for traffic to access Junction 19 of the M5. The Committee generally considered that any increase in the density on this development would be a prescription for the creation of a slum area. Members welcomed the suggestion of a visit to the site accompanied by planning officers and wished to extend the invitation to all Members of the Council.

RESOLVED: that the above comments be noted.

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Chairman

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