Contact: Sue Efford

Direct Dial: (01275) 884244

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

Date: 1st July 2003

Dear Sir or Madam

Planning and Regulatory Committee

Wednesday 9th July 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:

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

All other Members of the Council (for information)

AGENDA

1 Public Speaking at Planning Committee (Standing Orders 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).

2 Apologies for Absence and Notification of Substitutes

3 Declarations of Interest by Members

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

5 Minutes of the Licensing Sub-Committee held on 29 May 2003 – to be noted (page8)

6 Minutes of the Licensing Sub-Committee held on 19 June 2003 – to be noted (page 12)

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

See item 9 below for references from the area committees.

8 Report of the Solicitor to the Council

Judicial Review – Concerning Helicopter Museum, Weston-super-Mare (page 14)

9 Report of the Executive Member for Strategic Planning

9.1 Public Rights of Way – Definitive Map Modification Orders Progress Report and Review of Committee Procedures (page 35)

9.2 02/P/2281/F – Change of use from garage/car sales to residential including complete demolition with 20 new build residential units comprising houses and flats at Mac’s Garage, Locking Road, Weston-super-Mare (Reference from WAC 26/06/03)

(page 42)

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

Agenda Item 4

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.

________________________________

Chairman

________________________________

Agenda Item 5

MINUTES

OF THE MEETING OF THE

Licensing Sub-Committee

HELD ON

Thursday 29th May 2003

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

Meeting Commenced: 10.00 a.m. Meeting Concluded: 12.25 p.m.

PRESENT: Councillors Felicity Baker, Colin Golland, Derek Kraft, Ian Peddlesden, Andy Wright.

ALSO IN ATTENDANCE: Councillor Jon Gething

LSC

Election of Chairman for the Meeting

RESOLVED: that Councillor Ian Peddlesden be elected Chairman for the meeting.

PAR

Application for a Certificate of Suitability – Portishead Working Men’s Club, Slade Road, Portishead (Agenda Item 4.1)

Mr W Bowers and Mr M Gale (on behalf of the Working Mens Club), Lynette Champion, Darren Fairchild and Natalie Fear (for the 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, Natalie Fear outlined the application. She described the statutory background to the licensing of public entertainments in relation to private members clubs, and referred to the Council’s policy for the hours of operation for places of public entertainment. Natalie Fear then called Lynette Champion, Licensing Officer, who confirmed that no noise complaints had been made in respect of the Club, but referred the Sub-Committee to the large number of objections that had been received in respect of the current application. Lynette Champion told the Sub-Committee that the Licensing Authority would support the issuing of a Certificate on a trial basis for a minimum of six months, to enable officers to monitor the situation.

Natalie Fear then called Darren Fairchild, Technical Officer Environmental Health, who outlined the nature of the monitoring that would be carried out should a certificate of suitability be granted.

The Chairman then invited Mr Bowers, President of the Portishead Working Mens Club, to present the application. Mr Bowers told the Sub-Committee that the Club had done much to allay the fears of local residents and that no complaints had been received since karaoke sessions had been discontinued. He believed that late night disturbance to local residents was caused by customers of local public houses. The club had taken steps to encourage its members to have due consideration for local residents when leaving the premises and notices had been displayed to this effect. Mr Bowers believed that the numbers of people waiting for taxis home could be the explanation for some noise from the car park.

At the invitation of the Chairman, Councillor Jon Gething, on behalf of the local ward Member, then addressed the Sub-Committee. He referred to problems which had been experienced a number of years previously, and told Members that local residents were concerned about possible changes in the nature of the club. Although they could accept Saturday late opening, local residents were concerned about midweek late night opening. He also urged the management to encourage patrons to leave the premises quickly and quietly.

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 the following decision:

RESOLVED: that a Certificate of Suitability be granted for a period of six months, to allow the officers to monitor its operation. Following this monitoring period the application shall be re-submitted to the Licensing Sub-Committee for determination.

The Sub-Committee adjourned at 10.25 a.m.

The Sub-Committee reconvened at 11.30 a.m.

PAR

Application for Variation of Hours of a Public Entertainment Licence – Rock Follies 40 – 42 The Boulevard, Weston-super-Mare (Agenda Item 4.2)

Mr. Terry McGuire (the Applicant), Mick Sims, Darren Fairchild and Natalie Fear (for the 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 following at the hearing.

At the invitation of the Chairman, Natalie Fear outlined the application. She described the statutory background to the licensing of public entertainments and referred to the Council’s policy for the hours of operation for places of public entertainment. Natalie Fear then called Mick Sims, Licensing Officer, who confirmed that he had visited the premises on several occasions and had observed that the premises had always been well run. Mick Sims told the Sub-Committee that in view of the residential/semi-commercial location, the Licensing Authority would support an extension of hours to 1.00 a.m. on a trial basis, to enable officers to monitor the situation.

Natalie Fear then called Darren Fairchild, Technical Officer Environmental Health, who outlined the nature of noise complaints that had been received some eighteen months previously. He told the Sub-Committee that the applicant had carried out the necessary soundproofing works within three months, since when no further complaints had been received.

Bob Stell of the Police Licensing Bureau, told the Sub-Committee that whilst the Police had no complaints about the licensee, there was some concern over late night opening which could set a precedent. He referred to the potential increase in disorder and the effect that this could have on police resources.

Police Sergeant Holby of the local constabulary, detailed the resources needed to police the town centre on Friday and Saturday nights. He told the Sub-Committee that police resources were already stretched, and that the granting of this application would add to existing pressures. He said that the police accepted that the premises were well run, but did not support a six-month trial as this could set a precedent.

At the invitation of the Chairman Mr McGuire presented the application for variation of hours of the Public Entertainment Licence. Mr McGuire told the Sub-Committee that the premises catered for a different clientele than