Contact: Vicky Brice

Direct Dial: (01275) 884244

E-mail: victoria.brice@n-somerset.gov.uk

Date: 4^th March 2003

Dear Sir or Madam

Planning and Regulatory Committee

Wednesday 12th March 2003, 2.30 p.m., New Council Chamber, TOWN HALL

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

Yours faithfully

Solicitor to the Council

To: Members of the Committee

Councillors:

Anthony Lake (Chairman), Felicity Baker(Vice-Chairman), Elfan Ap Rees, Peter Burden, John Clark, Bob Cook, Alan Cotton, John Daws, Glyn Duck, Peter Goulbourn, Alan Hockridge, Greta Lewis, Michael Nobes, Hugh Parsons, David Shopland, Patrick Taylor, Barry Walters, John Wiltshire, Deborah Yamanaka

All other Members of the Council (for information)

AGENDA

1 Public Speaking at Planning Committee (Standing Orders 17 and 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 on 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 and Notification of Substitutes

3 Declarations of Interest by Members

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

5 Minutes of the Licensing Sub-Committee held on 30^th January 2003 – to be noted (page 9)

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

See item 7 for references from the area committees

7 Report of the Director of Planning and Environment

7.1 01/P/1421/F and 01/P/1848/F – Erection of 214 residential dwellings with associated roads and parking at Weston-super-Mare Football Club, Winterstoke Road, Weston-super-Mare (Reference from WAC 19/02/03) (page 11)

7.2 02/P/2714/F – Erection of family restaurant/public house plus associated car parking and landscaping works on land at junction of Herluin Way and Aisecombe Way, Weston-super-Mare (Reference from WAC 19/02/03) (page 30)

8 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 question 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

ITEM NO. 4

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 22^nd 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

________________________________

ITEM NO. 5

MINUTES

OF THE MEETING OF THE

Licensing Sub-Committee

Thursday 30th January 2003

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

Meeting Commenced: 10.30 a.m. Meeting Concluded: 10.55 a.m.

PRESENT: Councillors Ian Bates, John Daws, Les Crutchley, Isabel Cummings, Ian Parker

ALSO IN ATTENDANCE: Councillor John Wiltshire (a local Member)

LSC 74

Election of Chairman for the Meeting

RESOLVED: that Councillor Bates be elected Chairman for the meeting.

PAR 75

Public Entertainment Licence – Hobbits Hole, Carlton Street, Weston-super-Mare (Agenda Item 4)

Mark Bolam and Marjorie Walton (Joint Applicants), Mark Harris, Lynette Champion and Peter Rodwell (Licensing Authority) were in attendance for consideration of this case.

The Chairman introduced the members of the Sub-Committee and the officers present and explained the procedure which would be followed at the hearing.

At the invitation of the Chairman, Mark Harris outlined the application. He referred to the Council’s policy for determining the hours of operation of premises licensed for public entertainments, and to the defined zone in Weston super Mare, which was designated for this purpose. As the premises did not fall within the designated area, the original application had been granted for a trial period to allow monitoring to take place. The Applicants had commenced operations in summer 2002, since when monitoring had revealed no problems for local residents, either in terms of noise from loud music, or disturbance from people vacating the premises late at night. No objections had been received during the trial period, and the Police Licensing Bureaux had indicated support for the current application.

Mark Harris told the Sub-Committee that the Licensing Authority was mindful of the slight deviation from the agreed policy, but had no objection to the request for a terminal hour of 2.00 a.m. Mark Harris then responded to questions from members of the Sub-Committee.

The Chairman then invited the local member present, Councillor John Wiltshire, to make representations.

At the invitation of the Chairman, Mr. Bolam presented the application. Mr. Bolam and Ms. Walton then responded to questions from members of the Sub-Committee.

The Chairman then invited both parties to sum up.

The Members of the Sub-Committee, together with the Legal Adviser to the Sub-Committee, then withdrew from the meeting to deliberate and reach a decision.

On returning to the meeting, and with all parties present, the Chairman announced that after due consideration of the evidence placed before it, the Sub-Committee had reached a decision. He invited the Legal Adviser to report that the Sub-Committee recognised that the application was an exception to policy, and would continue to be treated as such. However, mindful of the successful six-month monitoring period it had,

RESOLVED: that the Public Entertainment Licence be granted subject to the standard conditions applicable to the licensing of such entertainments, and to the three additional conditions relating to noise minimisation.

________________________________

Chairman

________________________________

PLANNING AND REGULATORY COMMITTEE 12 March 2003	AGENDA ITEM NO: 7.1
APPLICATION NO: 01/P/1421/F 01/P/1848/F	DATE REGISTERED: 18.07.01 26.09.01
APPLICATION: Erection of 214 residential dwellings with associated roads and parking
SITE ADDRESS: Weston-super-Mare Football Club, Winterstoke Road, Weston-super-Mare
PARISH/WARD: W-s-M South		WARD COUNCILLOR(S): Bateman, Lyall, Parker

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)

NORTH SOMERSET COUNCIL

REPORT OF AN OFFICER TO THE

PLANNING AND REGULATORY COMMITTEE

12 MARCH 2003

OFFICER: RICHARD KENT

OF: DEVELOPMENT & ENVIRONMENT DIRECTORATE

SUBJECT: 01/P/1421/F & 01/P/1848/F ERECTION OF 214 RESIDENTIAL DWELLINGS WITH ASSOCIATED ROADS AND PARKING AT WESTON-SUPER-MARE FOOTBALL CLUB, WINTERSTOKE ROAD, WESTON-SUPER-MARE

SUMMARY

These are duplicate, full applications which indicate the demolition of the existing buildings on the site and their replacement with a high density housing development. Amended plans submitted on 23 May 2002 detail the erection of 214 dwellings in a layout of terraced two and three bed room houses and 3 and 4 storey apartment blocks laid out in a ‘perimeter block’ pattern on this ‘non-allocated, windfall’ site.

RECOMMENDATIONS

That the application be APPROVED in accordance with the recommendation to the West Area Committee.

PROPORTIONALITY ISSUES

None

HUMAN RIGHTS ISSUES

None

FUNDING IMPLICATIONS

	Approved Budget	Extra Bid?	Recurring/Base Budget?
Revenue	£N	£ N	£ N
Capital	£ N	£ N	£ N

OTHER/RESOURCE IMPLICATIONS