Contact: Sue Efford/Vicky Brice

Direct Dial: (01275) 884244

E-mail: sue.efford@n-somerset.gov.uk

Date: 27th May 2003

Dear Sir or Madam

Planning and Regulatory Committee

Wednesday 4th June 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. Members are requested to retain the report of the Director of Development and Environment for use at site inspections, where appropriate.

Yours faithfully

Solicitor to the Council

To: Members of the Committee

Councillors:

Elfan Ap Rees, Felicity Baker, Astra Brand, Peter Burden, John Clark, Bob Cook, Alan Cotton, John Crockford-Hawley, Jon Gething, John Daws, Glyn Duck, Ann Harley, Tony Lake, Greta Lewis, Mari Owens, David Shopland, Bob Steadman, Arthur Terry, Deborah Yamanaka

All other Members of the Council (for information)

AGENDA

1 Election of Chairman for the 2003/2004 Municipal Year

2 Election of Vice-Chairman for the 2003/2004 Municipal Year

3 Dates and Times of Meetings

4 Public Participation (Standing Order 17 & 17A)

To receive and hear any person who wishes to address the Committee. The Chairman will select the order of the matters to be heard. Each speaker will be limited to a period of five minutes for public participation 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).

5 Apologies for Absence and Notification of Substitutes

6 Declarations of Interest by Members

7 Minutes of the Meeting held on 9 April 2003 - to be confirmed as a correct record and signed by the Chairman (page 4)

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

See item 9 below for references from the area committees.

9 Report of the Director of Development and Environment

9.1 Wildlife and Countryside Act 1981 Section 53 and Schedule 14. Result of Appeal – Secretary of State Direction to make Order at Chapel Lane, Cleeve (page 9)

9.2 Wildlife and Countryside Act 1981 - Section 53, Schedule 14 – Definitive Map Modification Order in respect of Claimed Byway Open to All Traffic at Public Footpath AX3/23, Towerhead, Banwell (Reference from SAC 23/04/03) (page 31)

9.3 Public Path Diversion Order no. H5 and H6, 2002 Footpaths LA12/15 and LA12/41, Castle Farm, Long Ashton (Reference from CAC 15/05/03) (page 40)

9.4 01/P/2301/F – Residential development of 36 dwellings and access road and public open space on land at The Cornfields, Ebdon Grounds, Wick St Lawrence, Weston-super-Mare (Reference from WAC 21/05/03) (page 47)

10 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

The agenda conference

The Chairman and Vice-Chairman will be elected at the meeting on 4th June 2003.

It is not intended to hold an agenda conference for this meeting.

Item 7

MINUTES

OF THE MEETING OF THE

Planning and Regulatory Committee

Wednesday 9th April 2003

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

Meeting Commenced: 2.30 p.m. Meeting Concluded: 4.27 p.m.

PRESENT: 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, Barry Walters, John Wiltshire, Deborah Yamanaka

APOLOGIES FOR ABSENCE: Councillor Patrick Taylor

PAR 78

Suspension of Standing Orders

The committee noted that a late request to speak had been received from a representative of Cleeve United Junior Football Club.

RESOLVED: that Standing Orders be suspended to enable a representative from the football club to address the committee.

THE COMMITTEE’S PROCEEDINGS WITH STANDING ORDERS SUSPENDED THEN FOLLOWED

PAR 79

Public Speaking at Planning Committee under Standing Order 17A Planning Application No.02/P/2073/F

Mr Steve Richardson, Treasurer of Cleeve United Junior Football Club addressed the committee speaking in support of the application.

The Chairman thanked Mr Richardson for his comments.

THE COMMITTEE’S PROCEEDINGS UNDER THE PROVISIONS OF STANDING ORDERS THEN RESUMED

PAR 80

Public Speaking at Planning Committee under Standing Order 17A Planning Application No. 03/P/0047/F

Mr Andrew Renshaw, agent for the applicant, addressed the committee speaking in support of the application.

The Chairman thanked Mr Renshaw for his comments.

SAC 81

Declarations of Interest

Councillor Shopland declared a personal interest in respect of application no. 02/P/2073/F (minute no. PAR 84 refers) – his son is involved with club. He indicated he would take no part in the discussion or voting on this item.

Councillor Cotton declared a personal interest in respect of application no. 02/P/2073/F (minute no. PAR 84 refers) – he is a regular supporter of the football club.

Councillor Cook declared a personal interest in respect of application no. 03/P/0047/F(minute no. PAR 86 refers) – the applicant works at his local garage.

SAC 82

Planning Performance

The Chairman referred to the significant improvement in the performance of the planning team during 2002 and on behalf of the committee congratulated officers on their achievement.

SAC 83

Minutes of the Meeting of the Planning and Regulatory Committee held on 12th March 2003 (Agenda Item 4)

RESOLVED: that the minutes of the meeting held on 12th March 2003 be approved as a correct record and signed by the Chairman.

PAR 84

Application No. 02/P/2073/F – Change of use of agriculture land to sports/recreation use. Formation of 3 no. full size and 2 no. half size sports pitches. Erection of new clubhouse to providing changing facilities and social area. Construction of new access to Manmoor Lane and parking area at Manmoor Lane, Clevedon (Agenda Item 6.1)

The Committee considered a report of the Acting Director of Development and Environment recommending refusal of this application which proposes to provide a new sports facility outside the settlement boundary. The application had been recommended for approval by the North Area Committee.

The Committee was advised of additional correspondence which had been received since the report was drafted, details of which are set out on the update sheet inserted in the Minute Book.

RESOLVED: that the application be REFUSED for the following reasons:

1. The proposal is contrary to Policy 17 of the Joint Replacement Structure Plan in that the combined impact of the building and car parking will have a significant impact on the character of this open agricultural landscape.

2. The proposal is contrary to Policies 1 and 59 of the Joint Replacement Structure Plan and advice contained in Planning Policy Guidance Note 13 (Transport) in that the proposed development would be situated in a rural location and would therefore not be accessible by alternative modes of transport.

3. The proposed development is contrary to Policies T/11 and T/12 of the North Somerset Local Plan in that the proposed formation and use of the access to the classified road with sub-standard visibility, and the likely use of the highway for parking from the proposed use will be to the detriment of highway safety.

4. The proposed development is contrary to Policy ENV/6 of the North Somerset Local Plan and advice contained within Planning Policy Guidance Note 25 (Development and Flood Risk) in that the site is situated within a high risk flood area, and in the absence of a Flood Risk Assessment to prove that engineering and mitigation works are possible to prevent the proposal from unacceptably increasing the risk of flooding, the proposed development would reduce the capacity of the floodplain, impede the flow of water, and increase the risk of flooding elsewhere.

SAC 85

Application No. 02/P/2753/F – Alterations and extensions to existing dwelling to include partial demolition and roof alterations and construction of a terraced area at Lime Breach, Cadbury Camp Lane, Tickenham (Agenda Item 6.2)

The Committee considered a report of the Acting Director of Development and Environment recommending refusal for the application which proposes to alter and extend a dwelling on land within the Bristol and Bath Green Belt where there is a presumption against inappropriate development unless very special circumstances can be demonstrated. The application had been recommended for approval by the North Area Committee.

In discussing this application, it was generally agreed that the proposal would improve the appearance of the existing building and would not adversely affect the openness of the Green Belt given the character of the locality, in which there are already houses of a similar scale.

RESOLVED: that, subject to referral of the application to the Secretary of State as a departure from the Development Plan, the application be APPROVED subject to standard conditions (to be delegated to officers).

SAC 86

Application No. 03/P/0047/F – Demolition of existing bungalow and erection of a new two-storey dwelling at Garth, Tower House Lane, Wraxall (Agenda Item 6.3)

The Committee considered a report of the Acting Director of Development and Environment recommending refusal for this application to demolish an existing bungalow and erect a two-storey dwelling on the site located outside an identified settlement boundary, within the countryside, Green Belt and the Tickenham Ridge Landscape Character Area. The application had been recommended for approval by the Central Area Committee.

In discussing the application, members did not generally accept that the proposal would be materially larger than the existing dwelling or that it would affect the openness of the Green Belt given the limited areas from which it could be viewed. It was also felt that the proposal would be an improvement on the existing dwelling, which was in a poor condition.

RESOLVED: that the application be APPROVED subject to suitable conditions, to be agreed with the Chairman of the Planning and Regulatory Committee.

SAC 87

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 6.4)

The Committee considered a report of the Acting Director of Development and Environment recommending refusal of this application to change the use of and convert the Paragon Hotel to seven residential flats. The application had been recommended for approval by the West Area Committee.

In discussing the application, it was generally agreed by members that the proposal did not conflict with the Council’s objectives to promote more mixed residential use in the area around the seafront. Furthermore it was noted that other hotels in the vicinity had already been granted planning permission to change to permanent residential use. However it was agreed there were issues relating to the town’s hotel stock which lay outside the proposed Waterfront Revitalisation Area which would need to be addressed as part of the review of the draft local plan.

RESOLVED: that the application be APPROVED, subject to referral back to the West Area Committee for suitable conditions to be agreed.

(Councillor Duck voted against the proposition and asked for this to be recorded in the minutes.)

SAC 88

Draft Planning Enforcement Policy (Agenda Item 6.5)

The Committee considered a report of the Acting Director of Development and Environment recommending adoption of a draft Enforcement Policy that had been agreed with the Executive Member for the purposes of consultation.

Members raised a number of queries in respect of the policy to which officers responded accordingly. In response to concerns raised regarding anonymous complaints, the Development Control Manager drew members’ attention to paragraph 2 of the Policy (page 52 refers) pointing out that anonymous complaints would not be entertained. Any complainant who wished to remain anonymous would be encouraged to ask their ward member or parish council representative to advance their complaint on their behalf.

RESOLVED: that the Enforcement Policy be adopted for use in the management of enforcement work.

SAC 89

Local Access Forum – Appointment of Members (Agenda Item 7.1)

The Committee considered a report of the Executive Member for Environment, Community and Youth advising members of the appointment of eighteen independent members to serve on the North Somerset Local Access Forum.

RESOLVED: that the appointments and the arrangements for appointment of reserved members be noted.

SAC 90

Final Meeting of The Committee

As this was the last meeting of the Planning and Regulatory Committee for this municipal year, the Chairman thanked officers and members for their support during the year. In response, members thanked the Chairman for the good-humoured and impartial way in which he had chaired meetings of the committee

________________________________

Chairman

________________________________

Item 9.1

NORTH SOMERSET COUNCIL

REPORT OF AN OFFICER TO THE

Planning & Regulatory Committee MEETING

4th June 2003

OFFICER:	Environment Group Manager, PLANNING AND ENVIRONMENT DIRECTORATE
SUBJECT:	WILDLIFE AND COUNTRYSIDE ACT 1981 SECTION 53 AND SCHEDULE 14. RESULT OF APPEAL - SECRETARY OF STATE DIRECTION TO MAKE ORDER AT CHAPEL LANE, CLEEVE
KEY DECISION:	No

1. SUMMARY

North Somerset Council's Planning and Transport Committee determined in May 1999 not to make an order to modify the Definitive Map and Statement of Public Rights of Way to show part of Public Footpath LA6/1 as a public bridleway. The applicant appealed against that decsion, and on 30th April 2003 the Secretary of State for the Environment, Food and Rural Affairs directed the Council to make the order. This report is to advise the Committee of the direction and the action that the Council must now take.

2. RECOMMENDATIONS

That the orders be drafted, sealed and advertised as directed by the Secretary of State. If no objections or representations are received, that the Order is confirmed by the Council. If objections or representations are received the matter will be brought back to the Committee to decide on the stance that they would wish to adopt towards the confirmation of the order, when it is referred to the Secretary of State to be determined.

3. PROPORTIONALITY ISSUES

None

4. HUMAN RIGHTS ISSUES

Article 1 of the First Protocol : The Right to Property. "Every person is entitled to peaceful enjoyment of his possessions and cannot be deprived of them except in the public interest and within the law. This does not impair the state to enforce such laws to control the use of property or to secure payment of taxes, contributions or penalties.”

The Definitive Map Modification Order process follows statutory procedures, and is undoubtedly in the public interest as it considers the existence of public rights of way. However, because the decision whether or not to make an order is reached on the interpretation of the evidence available, the views of any affected property holder must be taken into account. In this case, the Council has been instructed to make the order by the Secretary of State, who it is presumed has adequately considered the matter. Should the order be challenged on human rights grounds, the Secretary of State will be required to determine the appropriate course of action.

5. FUNDING IMPLICATIONS

The making and advertising of the order must be carried out at the Council’s expense. It is estimated that if the order is unopposed, the advertising and administrative costs will be in the region of £1000 including the confirmation of the order. If the order is opposed, the Secretary of State will determine it by means of written representations, a hearing or a local public inquiry. The latter is the most likely method to be used. Costs will be in the region of £900 for written representations, £1900 for a hearing or £4200 for a local public inquiry. Estimated costs of processing this application to date are approximately £4000. The total cost to the Council could, therefore, be upto approximately £8200.

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

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

6. OTHER/RESOURCE IMPLICATIONS

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

7. COMMUNITY IMPACT

Corporate	Environment	Lifelong Learning	Health & Welfare	Prosperity
N	Y	N	Y	N

8. POLICY IMPLICATIONS (if any)

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

9. DETAILS

The Council’s Planning and Transport Committee considered the evidence submitted in support of this application in May 1999. The application was to recognise claimed public bridleway rights over the section of public footpath LA6/1 between the eastern end of the unclassified road which leads from the A370 to Goblin Combe Farm, Cleeve, to Cleeve Hill Road via Chapel Lane. A plan showing the claimed route is attached. The Committee decided that the evidence available to it at the time was insufficient to support the application, and so declined to make an order.

The applicant, Woodspring Bridleways Association, advised the Council in August 1999 that an appeal against the Council’s decision would be made to the Government Office for the South-West (GOSW). A debate then took place between the Council, the applicant and GOSW about the admissability of additional evidence as part of the appeal process, which resulted in advice from GOSW that the Council should be prepared to take all evidence into account even where it had not been available when the decision not to make an Order was made.

The grounds of appeal were received in February 2002, with the Council’s response being submitted to GOSW in May 2002. The case was referred by GOSW to the Secretary of State, whose decision that the Council must make an order was issued on 30^th April 2003. A copy of the Secretary of State’s decision and instructions to the Council are attached to this report.

CONCLUSIONS

The Council must now proceed to make the order, as directed by the Secretary of State. If no objections are received, the Council may itself confirm the Order. Should objections or representations be received the Council must decide whether or not to support the confirmation of the order before referring it to the Secretary of State to be determined.

Contact Officer: Richard Broadhead, Access Policy Officer

richard.broadhead@n-somerset.gov.uk

Background papers: Public Rights of Way file no: Mod06

&n