MINUTES

OF THE MEETING OF THE

WEST AREA Committee

Wednesday 23rd April 2003

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

Meeting Commenced: 2.30 p.m. Meeting Concluded:

PRESENT: Councillors Patrick Taylor (Chairman), John Wiltshire (Vice-Chairman), Bob Bateman, Peter Bryant, John Carter, Peter Crew, Michael Fazackerley, Peter Goulbourn, John Heenan, Alan Hockridge, Ian Hogg, Muriel Kraft, Kenneth Lacey, Ronald Moon, John Morris, Ian Parker, Bill Prosser, Michael Roe, Richard Skinner,

APOLOGIES FOR ABSENCE: Councillors Derek Kraft, Michael Lyall, Richard Tucker

WAC 224

Public Speaking at Planning Committees under Standing Order 17A (Agenda Item 1) Mr Rendell

Mr Rendell addressed the Area Committee as spokesperson for residents of Fairfield Close and spoke against Planning Application No. 03/P/0049/O (min WAC 233 refers). In referring to the site inspection, he re-iterated concerns relating to excavation problems, the narrowness of the access and general overdevelopment of the site. He also referred to the history of a previous planning application for this site and urged members to refuse the grant of the permission.

The Chairman thanked Mr Rendell.

WAC 225

Public Speaking at Planning Committees under Standing Order 17A (Agenda Item 1) Mr Sleeman

Mr Sleeman addressed the Area Committee, and spoke against Planning Application No. 03/P/0164/F (min WAC 237 refers), as spokesperson for neighbouring properties at Kelston Road. He told of the loss of amenity neighbouring properties would suffer due to overdevelopment. He asked for clarification in that the plan submitted detailed a single storey extension whereas the application related to a two-storey extension. He urged members to refuse the grant of the permission.

The Chairman thanked Mr Sleeman.

WAC 226

Public Speaking at Planning Committees under Standing Order 17A (Agenda Item 1) Mr Evans

Mr Evans addressed the Area Committee, and spoke against Planning Application No 03/P/0507 (min WAC 239 refers). He raised objections relating to the impact and loss of privacy the proposal would have on neighbouring properties due to the apparent overbearing nature of the proposed extension.

The Chairman thanked Mr Evans.

WAC 227

Declarations of Interest by Members (Agenda Item 3)

Members made the following declarations of interest:

Councillor Wiltshire declared a personal interest in Agenda item 6.1 and 6.2 relating to the proposed new school at Bransby Way/Highlands Lane, Locking Castle as he was a member of the temporary school governing body.

Councillor Moon declared a personal interest in Agenda item 8 Area Committees Budget Bidding as the applicant is a customer of his.

Councillor Prosser declared a personal interest in Agenda item 6.6 as he was personally acquainted with one of the objectors.

WAC 228

Minutes of the Meeting held on 19th March 2003 (Agenda Item 4.1)

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

WAC 229

Minutes of the Sites Inspections Meetings held on 7th April 2003 (Agenda Item 4.2)

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

MATTERS REFERRED BY THE PLANNING AND REGULATORY COMMITTEE

WAC 230

Application No. 02/P/1815/F – Proposed change of use from a hotel to 7 self contained flats at 5 Paragon Road, Weston-super-Mare (Agenda Item 5.1)

Members considered the proposed conditions relating to this application following an endorsement of their decision by the Planning and Regulatory Committee.

RESOLVED: that the following conditions be imposed:-

1. The development hereby permitted shall be begun before the expiry of the Town and Country Planning Act 1990.

2. 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 including replacement of timber windows with PVCu, to the flats shall be carried out without the permission, in writing, by the Local Planning Authority.

3. 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.

4. The front boundary wall shall not be altered without the prior written consent of the Local Planning Authority.

5. No development shall take place until details of a refuse storage area has been submitted to and approved by the Local Planning Authority. The approved details shall be provided prior to the occupation of the flats hereby approved.

Advice Note

1. You are advised to contact Wessex Water to agree a point of connection for the foul sewer and any Wessex Water infrastructure.

PART 1 – RECOMMENDATIONS TO THE PLANNING AND REGULATORY COMMITTEE

None

PART 2 – DECISIONS OF THE AREA COMMITTEE

WAC 231

03/P/0388/RG3 – Submission of reserved matters of external appearance, siting, design, means of access and landscaping for the Locking Castle combined community project incorporating 420 place junior school, 67 place severe learning disabilities school; community facilities, library and resource centre, meeting rooms, police office, college room, parking, landscaping, culverting of watercourses, public open space including playing fields, skate park, BMX track and all weather multi-use games area etc. pursuant to outline planning permission 0551/90 at Bransby Way/Highlands Lane, Locking Castle, Weston-super-Mare (Agenda Item 6.1)

The Acting Director of Development and Environment reported on the above application. He drew members’ attention to the additional information and replacement conditions 4 and advice notes 8, details contained in the update report, a copy of which is filed on the signed minute book.

RESOLVED: that subject to the satisfactory comments of Sport England and the receipt of satisfactory revised plans (to cover landscaping, CCTV coverage, keep nets/pitch alignment, mini-bus garaging, bridge over rhyne and changing rooms), the application be APPROVED subject to the following conditions:-

1. No development shall be commenced until sample panels of the proposed walling, roofing and hardsurfacing materials have been erected on site and approved in writing by the Local Planning Authority. The development shall be carried out using the approved materials unless otherwise agreed in writing.

2. The school/community building hereby permitted shall not be brought into use until full details of all boundary treatments (including keep nets and a means of enclosing the Bransby Way and Merton Drive frontages) together with a programme for their implementation have been submitted to and approved by the Local Planning Authority. Thereafter, all boundary treatments shall be erected in accordance with the approved details and programme.

3. The school/community building hereby permitted shall not be brought into use until full details of all street furniture (including benches, street lighting, bins and bollards) have been submitted to and approved by the Local Planning Authority. Thereafter, all street furniture installed on site shall be in accordance with the approved details.

4. No development shall be commenced until a safety audit covering the water courses within the site has been submitted to and approved by the Local Planning Authority. The recommendations made in the approved report shall be carried out in accordance with details to be approved by the Local Planning Authority before the school/community building hereby permitted is brought into use. Any permanent barriers or other safety features installed as a result of the report's recommendations shall thereafter be retained, unaltered, at all times unless otherwise agreed in writing by the Local Planning Authority.

5. No development shall be commenced until a detailed scheme for surface water drainage and land drainage has been submitted to and approved by the Local Planning Authority.

6. No development shall be commenced until an approved scheme for surface water drainage and land drainage has been implemented and made fully operational

7. No development shall be commenced until an approved management plan for the future maintenance of the open watercourses within the development site has been submitted to and approved in writing by the Local Planning Authority.

8. The finished ground floor level of the development hereby permitted shall be a minimum of 5.800m AOD and the finished external level of playgrounds and car parking areas shall be 5.500m AOD. The finished ground level for the playing field area shall not exceed 5.35m AOD - in accordance with the approved plans and specifications. The approved levels shall not be altered without the prior written permission of the Local Planning Authority.

9. The school/community building hereby permitted shall not be brought into use until a travel plan has been submitted to and approved by the Local Planning Authority which outlines how the operators of the schools and other uses hereby permitted will encourage the use of sustainable modes of transport to and from the site and minimise the impact of car borne journeys and their associated parking. Thereafter, the said Plan shall be implemented and maintained in accordance with the approved details (unless amended details are first submitted to and approved by the Local Planning Authority).

10. The school/community building hereby permitted shall not be brought into use until off-site highway works providing traffic calming facilities on Bransby Way and Highlands Lane and turning facilities on Highlands Lane have been carried out in accordance with details to be approved by the Local Planning Authority.

11. The school/community building hereby permitted shall not be brought into use until the footpaths and cycleways shown on the approved plans have been provided and lit in accordance with plans and specifications to be submitted to and approved by the Local Planning Authority

12. The school/community building hereby permitted shall not be brought into use until covered and secure cycle parking facilities have been provided in accordance with details to be approved by the Local Planning Authority.

13. The school/community building hereby permitted shall not be brought into use until the parking area has been constructed in accordance with the approved plans and the car park shall not be used except for the parking of vehicles in connection with the development hereby approved.

14. Noise levels from fixed plant and machinery installed on the application site shall not exceed 10 dB(A) below background levels (as specified in the submitted noise report) unless alternative details have first been submitted to and approved by the Local Planning Authority.

15. There shall be no perceptible sound at the site boundary at frequencies below 250Hz as measured by an officer appointed by the Local Planning Authority.

16. All rooflights serving the community hall hereby permitted shall be permanently fixed shut. Notwithstanding the provisions of the Town and Country Planning (General Permitted) Development Order 1995, or any Order revoking and re-enacting that Order, these rooflights shall not be altered, nor shall any additional windows or rooflights serving the hall be inserted in the building without the prior written permission of the Local Planning Authority.

17. Full details of the proposed kitchen extract system shall be submitted to the Local Planning Authority for its approval prior to its installation. The extract system shall be installed in accordance with the approved details and shall not be altered without the prior written permission of the Local Planning Authority.

18. No external lighting, other than that authorised by this permission shall be installed within the application site boundary unless details of such lighting (including a lighting contour plan) have first been submitted to and approved by the Local Planning Authority. No means of external illumination shall be installed other than in accordance with the approved details.

Advice notes

1. You are advised that this decision is based on the plans and specifications listed in the attached schedule.

2. You are advised that this decision must be read in conjunction with outline permission 0551/90 and the associated legal agreement.

3. You are reminded that, in accordance with conditions 13 – 20 of outline permission 0551/90, it will be necessary for you to submit to the Local Planning Authority and receive its approval for a detailed landscaping scheme and erect protective barriers around existing trees/hedges prior to the commencement of development on site.

4. You are advised that all works affecting the existing land drainage system, and any new surface water discharge, will require the Consent of the West Mendip Internal Drainage Board, under the provisions of the Land Drainage Act 1991.

5. You are advised to contact the Environment Agency regarding the adoption of appropriate pollution prevention measures on site (contact the Area Environment Management Section – Tel 01278 457333).

6. You are advised that the proposed banners indicated on the approved layout plan with require separate Advertisement Consent under the Town and Country Planning (control of Advertisements) Regulations 1992.

7. Developers are advised that they should contact Bristol Water to be advised of the terms under which the site can be supplied (Contact Bristol Water plc Tel 0117 9665881).

8. This development includes highways and street lighting which will be offered for adoption as public highways. The developer's attention is drawn to the need for an agreement with the Highways Services Unit regarding the implementation of such works and that the said works should not be implemented until the agreement is in place.

WAC 232

03/P/0633/RG3 – Construction of 120 place temporary primary school, including temporary access road and car park at Bransby Way/Highlands Lane, Locking Castle, Weston-super-Mare (Agenda Item 6.2)

The Acting Director of Development and Environment reported on the above application. Amended plans had been received and five classrooms were proposed, not three as reported. Members were advised of additional information received, changes to the advice notes, details of which are contained in the update report, a copy of which is filed on the signed minute book

RESOLVED: that subject to the receipt of satisfactory revised plans/details (regarding highway works, parking and health and safety measures) the application be APPROVED subject to the following conditions:

1. The buildings hereby permitted shall be removed from the land on or before 31/08/04 and the land restored in accordance with a scheme of work to be submitted to and approved in writing by the Local Planning Authority.

2. The school/community building hereby permitted shall not be brought into use until a safety audit covering the operation of the temporary primary school during the construction of the permanent school has been submitted to and approved by the Local Planning Authority and the recommendations made in the approved report have been carried out in accordance with details to be approved by the Local Planning Authority. Any permanent barriers or other safety features installed as a result of the report's recommendations shall thereafter be retained, unaltered, at all times whilst the school hereby permitted is in use, unless otherwise agreed in writing by the Local Planning Authority.

3. No development shall be commenced until a detailed scheme for surface water drainage and land drainage has been submitted to and approved by the Local Planning Authority.

4. No development shall be commenced until an approved scheme for surface water drainage and land drainage has been implemented and made fully operational

5. The finished ground floor level of the development hereby permitted shall be a minimum of 5.800m AOD and the finished external level of playgrounds and car parking areas shall be 5.500m AOD. The approved levels shall not be altered without the prior written permission of the Local Planning Authority.

6. The temporary buildings hereby permitted shall not be brought into use until a travel plan has been submitted to and approved by the Local Planning Authority which outlines how the operators of the schools and other uses hereby permitted will encourage the use of sustainable modes of transport to and from the site and minimise the impact of car borne journeys and their associated parking. Thereafter, the said Plan shall be implemented and maintained in accordance with the approved details (unless amended details are first submitted to and approved by the Local Planning Authority).

7. The temporary buildings hereby permitted shall not be brought into use until off-site highway works providing traffic calming facilities on Bransby Way and Highlands Lane have been carried out in accordance with details to be approved by the Local Planning Authority.

8. The temporary buildings hereby permitted shall not be brought into use until footpaths and cycleways along Highlands Lane, Bransby Way and through the public open space from Merton Drive to the west have been constructed and lit in accordance with plans and specifications to be submitted to and approved by the Local Planning Authority

9. The temporary buildings hereby permitted shall not be brought into use until secure cycle parking facilities have been provided in accordance with details to be approved by the Local Planning Authority.

10. The temporary buildings hereby permitted shall not be brought into use until the parking area has been constructed in accordance with the approved plans and the car park shall not be used except for the parking of vehicles in connection with the development hereby approved.

Advice notes

1. You are advised that this decision is based on the plans and specifications listed in the attached schedule.

2. This development includes highways and street lighting which will be offered for adoption as public highways. The developer's attention is drawn to the need for an agreement with the highways section regarding the implementation of such works and that the said works should not be implemented until the agreement is in place.

3. You are advised that all works affecting the existing land drainage system, and any new surface water discharge, will require the Consent of the West Mendip Internal Drainage Board, under the provisions of the Land Drainage Act 1991.

4. Developers are advised that they should contact Bristol Water to be advised of the terms under which the site can be supplied (Contact Bristol Water plc Tel 0117 9665881).

5. In order to discourage parents/carers from dropping off and collecting children by car from the car park hereby permitted, you are advised to erect a sign at the entrance to the car park stating “staff parking – no dropping off” and ensure that the gates to the car park are closed during the periods of 8.30 – 9.00am and 3.00 – 3.30pm.

WAC 233

Application No. 03/P/0049/O – Construction of one two storey dwelling with garage and vehicular access fronting Fairfield Close, Weston-super-Mare (Agenda Item 6.3)

The Acting Director of Development and Environment reported on the above application. The Committee was advised of further correspondence and additional information, including a proposed amended condition, as detailed in an update report, a copy of which is filed on the signed Minute Book. It was noted that following the site inspection and because of the Easter break, there had been insufficient time to send notification letters to neighbours concerning the additional plans and information received.

RESOLVED: that consideration of this application be DEFERRED for one cycle to enable consultation with neighbours following receipt of additional plans and information received, and to seek additional details including that of the datum point from the applicant.

WAC 234

Application No. 03/P/0049/F – Change of use from A1 retail to A3 restaurant and takeaway, extensions at 4 Drove Road, Weston-super-Mare (Agenda Item 6.4)

RESOLVED: that as required by the Monitoring Officer consideration of this application be DEFERRED for one cycle

WAC 235

Application No. 03/P/0531/F – Proposed change of use from A1 retail to A3 restaurant at ground floor of 7 Orchard Place and 38 Meadow Street, Weston-super-Mare (Agenda Item 6.5)

The Acting Director of Development and Environment reported on the above application. The Committee was advised of additional information as detailed in an update report, a copy of which is filed on the signed Minute Book. The Committee considered that the proposal would not harm the town centre and would not adversely affect the availability of shops in the area and it was therefore

RESOLVED: that the application be GRANTED subject to the for the following conditions:-

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

2. Details of equipment to suppress and disperse fumes and odour produced from cooking and food preparation, or any external extract or plant to be installed, including details of any noise levels generated by such equipment shall be submitted to, approved in writing by the Local Planning Authority and be fully operational prior to the use hereby permitted commencing. The approved equipment shall remain fully operational at all times thereafter, unless otherwise agreed by the Local Planning Authority.

3. Any extract equipment to be installed in accordance with condition 2 shall be maintained to ensure its continued satisfactory operation and cooking processes reliant on such extract systems shall cease to operate if at any time the extract equipment ceases to function to the satisfaction of the Local Planning Authority.

4. The use hereby permitted shall only operate between 11:00 hours and 16:00 hours and 18:00 hours and 22:30 hours Mondays to Saturdays and 11:00 hours to 16:00 hours on Sundays.

5. Details of refuse storage and disposal arising from the use hereby permitted shall be submitted to and approved by the Local Planning Authority before the use commences.

6. The premises hereby permitted shall be used for the purpose of a restaurant and for no other purpose (including any other purpose in class A3) of the Schedule to the Town and Country Planning (Use Classes) Order 1987 or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order.

7. No hot food shall be taken away for consumption off the premises.

Advice Note: You are reminded that all extraction equipment should be maintained in good working order as approval of details under condition 2 does not render you immune from action under other legislation in the event of a statutory nuisance occurring.

WAC 236

Application No. 03/P/0126/F – Proposed first floor side and rear extension over existing to form new bedroom at 7 Broadoak Road, Weston-super-Mare (Agenda Item 6.6)

The Acting Director of Development and Environment reported on the above application.

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. The existing conservatory roof to the north elevation shall not be used, or adapted for use as a balcony at any time.

3. Not withstanding the provisions of the Town and Country Planning (General Permitted) Development Order 1995, or any order revoking and re-enacting that Order, no additional windows, roof lights or dormers shall be inserted in the east elevation without the prior written consent of the Local Planning Authority.

WAC 237

Application No. 03/P/0164/F – Proposed erection of a two storey extension to side of existing dwelling at 37 Kelston Road, Weston-super-Mare (Agenda Item 6.7)

The Acting Director of Development and Environment reported on the above application.

RESOLVED: that consideration of this application be DEFERRED pending a site inspection to be advised.

WAC 238

Application No. 03/P/0563/F – Proposed extension to rear and erection of rear boundary wall at 1 Chalfont Road, Weston-super-Mare (Agenda Item 6.8)

The Acting Director of Development and Environment reported on the above application.

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

3. The hedge to the east elevation is to be retained. Should the hedge be removed without prior written consent from the Local Planning Authority, or die, become seriously diseased or damaged, it shall be replaced in the first available planting season with such species and size as the Authority may specify.

WAC 239

Application No. 03/P/0507/F – Proposed first floor extension above garage to provide en-suite and dressing room are at 7 Pearse Close, Weston-super-Mare (Agenda Item 6.9)

The Acting Director of Development and Environment reported on the above application.

RESOLVED: that consideration of this application be DEFERRED pending a site inspection to be advised.

WAC 240

Application No. 03/P/0646/F – Change of use of internal store to bar area and external alterations including insertion of 4 windows and alterations to doorway at the Winter Gardens, Royal Parade, Weston-super-Mare (Agenda Item 6.10)

The Acting Director of Development and Environment reported on the above application.

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

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

WAC 241

Application No. 02/P/2551/F – Demolition of existing buildings and construction of three dwellings at 139A Moorland Road, Weston-super-Mare (Agenda Item 6.10A)

The Acting Director of Development and Environment reported on the above application. In considering the report the Committee considered the impact on the adjacent properties and it was therefore

RESOLVED: that the application be REFUSED on the grounds that the height of the proposed development would have an overbearing effect on adjacent dwellings, contrary to policies HOU/2 and CON/1 of the North Somerset Local Plan.

WAC 242

Applications determined by the Officers (Agenda Item 6.11)

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

WAC 243

Planning Appeals (Agenda Item 6.12)

The Acting Director of Planning and Environment reported on the following appeals:-

(a) Planning Appeal Decisions

02/P/1833/ADV – Internally roof mounted sign, Pizza Hut, Herluin Way, Weston-super-Mare (Pizza Hut UK) Ltd – Appeal Allowed.

(b) Planning Appeals received since the last Committee

02/P/2469/F – Demolition of existing garage and erection of a new garage, 2 Chesham Road North, Weston-super-Mare – Mr. and Mrs. C. Reynolds.

02/P/2836/F – Change of use of ground floor from Class A1 butchers shop to Class A3 restaurant, 80 Regents Street, Weston-super-Mare – K. P. Developments.

WAC 244

Certificate of Lawfulness for an existing use of forecourt as parking for the offices of 37-40 Alexandra Parade, Weston-super-Mare (Agenda Item 7.1)

The Solicitor to the Council reported on an application for a Certificate of Lawfulness. The Committee was advised of further specific information provided as detailed in the update report, a copy of which is filed on the signed Minute Book, and noted the amendment to the recommendation contained in the original report

RESOLVED: that a Certificate of Lawfulness for an existing use of the forecourt of 37-40 Alexandra Parade, Weston-super-Mare for car parking for up to five cars Monday – Friday 9 a.m. – 5.30 p.m. and Saturday 9 a.m. – 1.30 p.m. ancillary to the use of the offices at 37-40 Alexandra Parade be GRANTED on the ground that the use began more than ten years before the date of the application.

WAC 245

Certificate of Lawfulness for an existing use of 32 Alma Street, Weston-super-Mare as two self-contained flats (Agenda Item 7.2)

The Solicitor to the Council reported on an application for a Certificate of Lawfulness.

RESOLVED: that a Certificate of Lawfulness for an existing use of 32 Alma Street, Weston-super-Mare as two self-contained flats (on ground and first floor) be GRANTED on the ground that the use began more than ten years before the date of the application.

WAC 246

Area Committee Budget Bidding (Agenda Item 8)

The Committee considered a report from the Customer Services Officer for one new application for financial assistance under the Budget Bidding Process. The Chairman advised the Committee that the balance of unallocated funds from the year ending March 2003 would be added to this year’s allocation. Having declared an interest in this item, Councillor Moon took no part in the debate or vote.

RESOLVED:

That the application submitted by “d:CODE:d” and Councillor Carter for training costs for volunteer leaders, towards the hire of the building and to purchase equipment for the event “Big Wednesday”, be DEFERRED in order that:

1. more detailed information be provided as to the equipment required
and

2. details of other contributions received/to be received.

WAC 247

Thanks to Retiring Members

The Chairman on behalf of the Committee thanked the following members, who would be retiring from the Council, for their hard work and participation on the Committee - Councillors Bill Prosser, Peter Goulbourn, Ken Lacey, John Morris and John Wiltshire.

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Chairman

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