Agendas, Minutes and Reports

MINUTES

OF THE MEETING OF THE

Planning and Regulatory Committee

Wednesday 4th June 2003

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

Meeting Commenced: 2.30 p.m. Meeting Concluded: 3.08 p.m.

PRESENT: Councillors Elfan Ap Rees, Felicity Baker, Peter Burden, John Clark, Bob Cook, Alan Cotton, John Crockford-Hawley, John Daws, Glyn Duck, Colin Golland (substitute for Jon Gething), Ann Harley, Tony Lake, Mari Owens, David Shopland, Bob Steadman, Sally Tabrett (substitute for Astra Brand), Arthur Terry, Deborah Yamanaka

APOLOGIES FOR ABSENCE: Councillors Astra Brand, Jon Gething and Greta Lewis

PAR

Election of Chairman for the 2003/2004 Municipal Year

RESOLVED: that Councillor Lake be elected Chairman of the Planning and Regulatory Committee for the 2003/2004 municipal year.

COUNCILLOR LAKE IN THE CHAIR

PAR

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

RESOLVED: that Councillor Clark be elected Vice-Chairman of the Planning and Regulatory Committee for the 2003/2004 municipal year.

PAR

Dates and Times of Future Meetings

RESOLVED: that future meetings of the Committee be held on Wednesdays at 2.30 p.m. on the dates set out in the Municipal Calendar.

PAR

Declarations of Interest by Members

Councillor Cotton declared a personal interest in respect of the reports on public rights of way (minute nos. PAR 6,7&8 refer) – he is a member of the Ramblers Association.

PAR

Minutes of the Meeting of the Planning and Regulatory Committee held on 9th April 2003 (Agenda Item 7)

RESOLVED: that the minutes of the meeting held on 9th April 2003 be approved as a correct record and signed by the Chairman.

PAR

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

The Director of Development and Environment reported that the Secretary of State for the Environment, Food and Rural Affairs had directed the Council to make the order at Chapel Lane, Cleeve. Reference was made to the update sheet, as filed in the Minute Book, advising that this matter would also be considered by the Central Area Committee at its meeting on 5th June 2003 and amending the officer recommendation to reflect this.

In discussing the processing of applications for Definitive Map Modification Orders, members noted there was currently a backlog of 30 cases to be investigated and that cases were taking an average of three years to resolve. It was agreed that a report be submitted to the next meeting of the committee setting out the resource implications associated with the processing of these applications together with options for addressing the current backlog, including the setting up of a small sub-committee.

RESOLVED: that, subject to the concurrence of the Central Area Committee, if no objections or representations are received following the orders being advertised as directed by the Secretary of State, they be confirmed by the Council.

PAR

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 (Agenda Item 9.2)

The Director of Development and Environment submitted a report advising that objections had been received to the above-mentioned order which meant that it must now be referred to the Secretary of State for determination. The various options available to the Committee in making such a recommendation were detailed in the report and members were advised that the South Area Committee, at its meeting held on 23rd April 2003, had recommended that the Planning and Regulatory Committee should not support confirmation of the order.

RESOLVED: that the committee does not accept the recommendation of the South Area Committee and instead supports the confirmation of the Order.

PAR

Public Path Diversion Order No. H5 and H6, 2002 Footpaths LA 12/15 and LA 12/41, Castle Farm, Long Ashton (Agenda Item 9.3)

The Director of Development and Environment submitted a report advising that a formal objection had been received to the above-mentioned Orders and that the Council must now decide whether to refer the Orders to the Secretary of State for confirmation or to abandon them. Members were advised that the Central Area Committee had considered this matter at its meeting held on 15th May 2003 and had recommended that the Planning and Regulatory Committee refer the Orders to the Secretary of State.

RESOLVED: that the Orders be referred to the Secretary of State for the Environment, Food and Rural Affairs with the request that they be confirmed.

PAR

Application No. 01/P/2301/F – Residential development of 36 dwellings and access road and public open space at Ebdon Grounds School Site, land off The Cornfields, Wick. St. Lawrence, Weston-super-Mare (Agenda Item 9.4)

The Committee considered a report of the Director of Development and Environment recommending approval of this application subject to the completion of a Section 106 Legal Agreement and a number of planning conditions. The West Area Committee had recommended refusal of the application and the South Area Committee had received a report for information on this matter.

RESOLVED: that application no. 01/P/2301/F be APPROVED subject to the completion of a Section 106 Legal Agreement to secure the following issues:

1. The deletion of the School reserve from the Principal Ebdon Grounds Section 106 Legal Agreement.

2. Financial Contribution towards extensions to Local Primary Schools

3. Provision of on site and off-site Affordable Housing Provision.

4. Provision and Maintenance costs for Public Open Space including contributions toward off-site playing equipment and sports pitch provision

and subject to the following planning conditions: -

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

2. No dwelling shall be occupied until the road shown on the approved plans, including footpaths and turning spaces, where applicable, has been constructed in such a manner that each dwelling before it is occupied, is served by a properly consolidated and surfaced carriageway and footpath (where appropriate) between the dwelling and the highway.

3. The dwellings hereby approved shall not be occupied until their respective car parking spaces including garages have been constructed in accordance with the approved plans and are available for use. The garages once provided, shall not be converted into living accommodation, or used for other purposes, without the prior consent of the Local Planning Authority.

4. The finished floor levels and ridge heights of the dwellings hereby approved shall accord with those details shown in approved drawings.

5. No development shall be commenced until a scheme for the disposal of foul and surface waters and details of land drainage have been submitted to and approved in writing by the Local Planning Authority. The scheme shall be completed in accordance with the approved plans before the occupation of the development.

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

7. 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 building or completion of the development, whichever is the sooner.

8. 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.

9. For the duration of the development works all existing trees and hedges 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 7 days before work starts on site so that the barrier positions can be established. Within this protected neither area there shall be no excavation, tipping or stacking nor compaction of the ground by any other means.

10. 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 developments shall be carried out in the approved materials unless otherwise agreed in writing.

11. Prior to the commencement of the development, sampling of the soils on and beneath ground level shall be carried out to determine the nature and extent of contamination that may be present in the land as a result of tipping on the land. Details of the results of the sampling shall be submitted to the Local Planning Authority.

12. Development shall not begin until a scheme to deal with any contamination of the site identified as a result of condition 11 has been submitted to and approved in writing by the Local Planning Authority.

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Chairman

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