MINUTES

OF THE MEETING OF THE

Planning and Regulatory Committee

Wednesday 5th February 2003

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

 

Meeting Commenced:  2.30 p.m.        Meeting Concluded:      3.47 p.m.

 

PRESENT:  Councillors Anthony Lake (Chairman), Felicity Baker (Vice-Chairman), Peter Burden, John Clark, Bob Cook, Alan Cotton, John Daws, Glyn Duck, Alan Hockridge, Greta Lewis, Michael Nobes, Hugh Parsons, William Prosser (substitute for Elfan Ap Rees), David Shopland, Patrick Taylor, Barry Walters and John Wiltshire,

 

APOLOGIES FOR ABSENCE:  Councillors Elfan Ap Rees, Peter Goulbourn and Deborah Yamanaka

 

ALSO IN ATTENDANCE:  Councillor Ian Porter

 

PAR

65     

Public Speaking at Planning Committee under Standing Order 17

Mr John Pearson

 

Mr Pearson, a resident of Oaktree Park, Locking, Weston-super-Mare, addressed the committee on the Helicopter Museum.  He suggested the Museum was of international importance and an asset to Weston-super-Mare, attracting many visitors to the area.  He expressed the view that demonstration flights were part of the educational experience of visiting the museum and should be encouraged, and suggested complaints about noise were an overreaction.

 

Mr Pearson also presented a petition containing signatures of nine residents of Oaktree Park, this being an addition to the earlier petition presented to West Area Committee on 22nd January 2003.  The petition was in the following terms:-

“As someone who lives at Oaktree Park, the nearest residential site to the Helicopter Museum, I can confirm that I have no objection to the flying at the museum.”

 

The Chairman thanked Mr Pearson for his statement.

PAR

66     

Declarations of Interest by Members

 

 

Councillor Cotton declared a personal interest in respect of application no. 02/P/2073/F (minute no. PAR 70 refers) – he is a regular supporter of the football club.

 

Councillor Walters declared a personal interest in respect of application no. 02/0078/E (minute no. PAR 73 refers) – he is a friend of one of the museum trustees.

 

Councillor Parsons declared a personal interest in respect of alcohol consumption in designated public places orders (minute no. PAR 69 refers) – he owns property in one of the designated areas.

 

Councillor Shopland declared a prejudicial interest in respect of application no. 02/P/2073/F (minute no. PAR 70 refers) – his son is involved with the club.

 

PAR

67     

Minutes of the Meeting of the Planning and Regulatory Committee – 11th December 2002 (Agenda Item 4)

 

            Councillor Cook stated that he had attended the December meeting but was not listed as present.

 

            RESOLVED: that, subject to Councillor Cook being listed as present, the minutes of the meeting held on 11th December 2002 be approved as a correct record and signed by the Chairman.

PAR

68     

Minutes of the Licensing Sub-Committee – 16th December 2002 (Agenda Item 5)

 

RESOLVED:  that the minutes of the meeting held on 16th December 2002 be noted.

PAR

69     

Alcohol Consumption in Designated Public Places Orders (Agenda Item 7)

 

The Committee considered a report of the Solicitor to the Council advising members of the results of various consultations and requesting members to determine whether nuisance or annoyance to the public have been associated with public drinking in the places described in the report, and in light of this, whether designation orders are appropriate.

 

In response to queries raised by members Mr Sims, Licensing Inspector confirmed that designation orders could only be made where there was an existing problem but recognised that other orders may be needed in future to cover displacement problems or areas where problems had not been identified in time to be included at this stage.

 

It was agreed that a progress report be submitted to committee six months after the orders take effect to report back on their effectiveness and consider whether additional orders were needed to cover other areas.

 

RECOMMENDED TO THE COUNCIL: 

 

(1)     that being satisfied that nuisance or annoyance to the public or a section of the public or disorder have been associated with public drinking in the following public places as identified in plans and descriptions attached to the report, and being satisfied that the problem will continue unless orders are made, Alcohol Consumption in Designated Public Places Orders under Sections 12-16 Criminal Justice and Police Act 2001 be made in respect of those places:

 

1       Ashcombe Park

2       Bournville

3       North Worle

4       St Georges

5       The Maltlands

6       Weston super Mare Town Centre

7       Worle

8       Yatton

9       Claverham

10     Oldmixon;

 

(2)     after making each Order appropriate newspaper notices be published and signs be erected that identify the place, the effect of the Order and the date it will take effect, being 1st April 2003;

 

(3)         being unsatisfied that nuisance or annoyance to the public or a section of the public or disorder have been associated with public drinking an Alcohol Consumption in Designated Public Places Order under Sections 12-16 Criminal Justice and Police Act 2001 be not made in respect of Elmham Way/West Wick roundabout as identified in the plan and description attached to the report.

 

RESOLVED:

 

That after six months of operation, a progress report be submitted to committee on the effectiveness of the orders and whether these should be extended to cover other areas.

PAR

70     

Application No 02/P/2073/F – Change of use of agricultural land to sports/recreation use.  Formation of 3 No full size and 2 No half size sports pitches.  Erection of new clubhouse to provide changing facilities and social area.  Construction of new access to Manmoor Lane and parking area at Manmoor Lane, Clevedon (Agenda Item 8.1)

 

 

____________________________________________________________________

 

Councillor Shopland, having declared a prejudicial interest in this item, left the meeting.

____________________________________________________________________

 

The Committee considered a report of the Acting Director of Development and Environment recommending refusal of the application which proposed to provide a new sports facility on land outside the settlement boundary.  The application was recommended for approval by the North Area Committee.

 

The Committee was advised of additional information and amended plans received since the report was written, details of which are set out on the update sheet inserted in the Minute Book.  In view of this, it was recommended that the application be deferred to allow further consultation to be carried out.  It was suggested by members that further consideration be given to whether any alternative sites were available which would be more suitable for this use.

 

RESOLVED:  that the application be DEFERRED to allow further consultation in respect of the amended plans and additional information received and to consider alternative sites.

_______________________________________________________

 

Councillor Shopland RETURNED TO the meeting.

_______________________________________________________

 

PAR

71     

Claimed Public Footpath at Weston super Mare Golf Course, Uphill (Agenda Item 8.2)

 

The Committee considered a report of the Acting Director of Development and Environment regarding an application for a Definitive Map Modification Order under Section 53(3)(b) and (c) of the Wildlife and Countryside Act 1981, to add a claimed public footpath to the Definitive Map and Statement, over land in the occupation of Weston super Mare Golf Club.

 

On the general issue of Definitive Map Modification Orders, it was suggested by members that given the complexity of some of the cases brought before committee, it would be more appropriate for a sub-committee to be set up to deal with these orders.  In response, the Solicitor to the Council suggested that this could be addressed as part of the annual review of the Constitution.

 

RESOLVED:  that a Definitive Map Modification Order be made to add the claimed path as a public footpath, as it is considered that there is sufficient evidence to show that presumed dedication has taken place.

PAR

72     

Application No 02/P/2565/MP – Phase 1 – Sub-Area Master Plan for The Ashlands, Portishead (Agenda Item 8.3)

 

The Committee considered a report of the Acting Director of Development and Environment recommending a Sub-Area Master Plan for the south-western quadrant of The Ashlands indicating the form of development and the principles of design and layout for this part of the site.

 

In considering the report, members raised concerns regarding the small percentage of affordable housing proposed, the housing density and house size mix, the inadequacy of car parking provision, the impact of additional traffic on Junction 19 and the instability of the ground to be built on.

 

RESOLVED:  that the Area 1 Sub-Area Master Plan be APPROVED and be used as a basis for the determination of reserved matters applications within the boundaries of the sub-area, subject to Planning Permission 00/P/1844/0T2 granted 30th August 2002.

PAR

73     

Application No 02/0078/E – Use of Museum as Aerodrome at Helicopter Museum, Locking Moor Road, Weston super Mare (Agenda Item 8.4)

 

The Committee considered a report of the Acting Director of Development and Environment regarding the use of the Helicopter Museum as an aerodrome.

 

The Committee was advised of further correspondence received, details of which are set out on the update sheet inserted in the Minute Book.

 

In considering the report, Members did not accept the need to use a noise consultant to advise on appropriate limits for ancillary flights, suggesting this was an unnecessary expense.

 

RESOLVED: 

 

(1)     that the museum be advised that the following are not ancillary to the use of the museum:-

 

·                    take off and landings related to:-

pleasure flights or sight seeing flights where the primary purpose of the visit by the passenger to the museum is to take part in a sight seeing flight;

·                     visits of helicopters at the museum in order to refuel or buy fuel;

·                     flights by third parties for private purposes not connected to the use of the site as a museum; and

·                    the storage or keeping of helicopters which are not exhibits or used for spare parts to assist the restoration of exhibits

 

and the Director of Development and Environment, in consultation with the Solicitor to the Council, be authorised to take ENFORCEMENT ACTIONS including any Court action if applicable, to secure the cessation of these non-ancillary activities should they continue;

 

(2)     without prejudice to any decision that the Council might make on the acceptability of flying activities, the Helicopter Museum be invited to submit a planning application for the use of the site for non-ancillary activities listed below:

 

·                    the landing of helicopters at the museum in order to refuel or buy fuel;

·                    take off and landings by third parties for private purposes not connected to the use of the site as a museum;

·                    the storage or keeping of helicopters which are not exhibits or used for spare parts to assist the restoration of exhibits.

 

 

                                                                                        ________________________________

                                                                                                                 Chairman

                                                                                        ________________________________