Contact: Vicky Brice

Direct Dial: (01275) 884244

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

Date: 12th August 2003

Dear Sir or Madam

Planning and Regulatory Committee

Wednesday 20th August 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 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).

2 Apologies for Absence and Notification of Substitutes

3 Declarations of Interest by Members

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

5 Minutes of the Licensing Sub-Committee held on 3rd July 2003 - to be noted (page 7)

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

03/P/0596/F – Change of use of greenhouses (D,E and F) for the sale of live fish and aquatic goods, together with change of use of external area (G) to store and sell aquatic goods and siting of storage container (Retrospective). Erection of 5 no. polytunnels and extension to car park at Golden Acres Nursery, 35 Clevedon Road, Tickenham (reference from NAC 07/08/03) (page 10) A further oral update will be given at the meeting

7 Report of the Director of Development and Environment

7.1 Wildlife and Countryside Act 1981 – Section 53, Schedule 14 – Definitive Map Modification Order in respect of Claimed Byways Open to all Traffic at Eastwell Lane, Fullers Lane and Yadley Lane, Winscombe (reference from SAC 30/07/03) (page 21)

7.2 03/P/0377/F – Demolition of existing house and erection of new dwelling and garage at The Observatory, Clevedon Road, Flax Bourton (Reference from CAC 10/07/03)(page 46)

7.3 03/P/0167/F – Erection of a non-food retail warehouse (Use Class A1) including bulk builders yard and garden centre together with access and servicing arrangements, car parking and landscaping on land adjoining Flowerdown Bridge, Railway Triangle Park, Aisecombe Way, Weston-super-Mare (reference from WAC 31/07/03) (page 56)

7.4 03/P/1189/F – Proposed first floor front, side and rear extension to existing dwelling, alterations to garage roof and erection of front porch at Meadowside, Tower House Lane, Wraxall (reference from CAC 07/08/03) (page 77)

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

Agenda Item 4

MINUTES

OF THE MEETING OF THE

Planning and Regulatory Committee

Wednesday 9th July 2003

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

Meeting Commenced: 2.30 p.m. Meeting Concluded: 3.38 p.m.

PRESENT: Councillors Tony Lake (Chairman), John Clark (Vice-Chairman), Elfan Ap Rees, Peter Burden, Bob Cook, Alan Cotton, John Crockford-Hawley, John Daws, Jon Gething, Colin Golland (substitute for Astra Brand), Ann Harley, Greta Lewis, Ian Peddlesden (substitute for Felicity Baker), David Shopland, James Tonkin (substitute for Bob Steadman), Barry Walters (substitute for Arthur Terry) and Deborah Yamanaka

APOLOGIES FOR ABSENCE: Councillors Felicity Baker, Astra Brand, Glyn Duck, Mari Owens, Bob Steadman and Arthur Terry.

PAR 10

Public Speaking at Planning Committee under Standing Order 17A Mrs. C. Pollard – Planning Application No. 02/P/2281/F)

Mrs. Christine Pollard addressed the Committee on behalf of the residents of Southmead Road, outlining their objections to the above-mentioned application.

The Chairman thanked Mrs. Pollard for her comments.

PAR 11

Declarations of Interest by Members

Councillor Jon Gething declared a personal interest in respect of the Minutes of the Meeting of the Licensing Sub-Committee held on 29^th May 2003 (Agenda item 5) – he owns a property along Slade Road, Portishead

Councillor Elfan Ap Rees declared a personal interest in respect of the report entitled “Judicial Review – Concerning Helicopter Museum, Weston-super-Mare” (Agenda item 8) – he is a trustee of the Museum

PAR 12

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

RESOLVED: that the minutes of the meeting held on 4th June 2003 be approved as a correct record and signed by the Chairman.

PAR 13

Minutes of the Licensing Sub-Committee held on 29th May 2003 (Agenda Item 5)

A member queried the accuracy of Minute LSC 2 relating to the Working Men’s Club, Slade Road, Portishead in that he considered the resolution should have reflected the licensing hour/days agreed at this meeting.

Officers undertook to address this matter and, in particular, would check the accuracy of the Certificate of Suitability and would ensure that a copy of this Certificate was forwarded to the member concerned.

RESOLVED: that the minutes of the meeting held on 29th May 2003 be noted.

PAR 14

Minutes of the Licensing Sub-Committee held on 19th June 2003 (Agenda Item 6)

RESOLVED: that the minutes of the meeting held on 19th June 2003 be noted.

PAR 15

Judicial Review – Concerning Helicopter Museum, Weston-super-Mare (Agenda Item 8)

The Committee received a report of the Solicitor to the Council advising of a High Court Judicial Review application, which had been made against the Council. This related to a decision by the Planning and Regulatory Committee at its meeting on 5th February 2003, following a recommendation from the West Area Committee on 22nd January 2003, in respect of the use of the museum as an aerodrome.

RESOLVED: that the action being taken be noted and that this matter be referred to the West Area Committee for their information.

[Councillor Elfan Ap Rees abstained from commenting and voting on this matter and requested that this be recorded]

PAR 16

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

The Committee received a report of the Executive Member for Strategic Planning and Transport updating the Committee on the current difficulties in progressing the many Definitive Map Modification Orders and examining ways in which the situation could be improved.

Members supported the need to remedy the situation and some members considered that political balance should not apply to the sub-committee. It was noted that all members should be invited to attend any training events on Public Rights of Way matters.

RESOLVED:

(1) that a Rights of Way Sub-Committee be established, with delegated authority from the Planning and Regulatory Committee, to determine applications for Definitive Map Modification Orders and Public Path Orders;

(2) that the Rights of Way Sub-Committee comprise of five members and be politically balanced (2 conservative members, 2 liberal democrat members and 1 labour member – group leaders to be asked for nominations);

(3) that the decisions of the Sub-Committee be reported back to the Planning and Regulatory Committee for information; and

(4) that the Committee supports the allocation of additional resources within the medium term financial plan for the appointment of a Definitive Map Officer within the Public Rights of Way and Access Team for an initial period of three years, in order to progress the growing backlog of definitive map work.

PAR 17

Application No. 02/P/2281/F – Change of use from garage/car sales to residential including complete demolition with twenty new build residential units comprising houses and flats at 351-361 Locking Road, Weston-super-Mare (Agenda Item 9.2)

The Committee were advised that this application had been recommended for approval by the West Area Committee subject to amended plans and subject to a Section 106 Agreement, contrary to officer recommendation. Officers had, however, since revised their recommendation in the light of the comments made by the applicant and were now also recommending that if this application were amended in the manner set out by the Area Committee, it could be approved subject to a S106 agreement.

Members noted that this report had been referred to the Planning and Regulatory Committee for procedural reasons as the West Area Committee had considered the report under Section 1 and had made a decision contrary to officers’ recommendation at that time.

Members considered this report in conjunction with the views expressed by Mrs Pollard (minute no. PAR 10 refers). Debate ensued.

RESOLVED:

(1) that the Committee consider the policy implications of this application to be acceptable;

(2) that the matter be referred back to the West Area Committee to allow that Committee to be satisfied as to the design details of the proposal; and

(3) that Councillor Kehoe, Executive member for Learning, be asked to confirm that no education contribution is required in respect of this application.

________________________________

Chairman

________________________________

MINUTES Agenda item 5

OF THE MEETING OF THE

Licensing Sub-Committee

HELD ON

Thursday 3rd July 2003

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

Meeting Commenced: 2.30 p.m. Meeting Concluded: 4.55 p.m.

PRESENT: Councillors Bob Cook, Colin Golland, Muriel Kraft, James Tonkin, Barry Walters

ALSO IN ATTENDANCE: Councillor David Shopland (local ward Member)

LSC 18

Election of Chairman for the Meeting

RESOLVED: that Councillor Bob Cook be elected Chairman for the meeting.

LSC 19

Declarations of Interest by Members

Councillor Barry Walters reported that he had a received a personal approach from a former employee of North Somerset Council in respect of the application before the Sub-Committee. However this approach had not served to influence his views on the proposal. He sated that he remained open-minded about the application and would reserve judgement until all of the evidence had been presented.

PAR 20

Application for Variation of Hours of a Public Entertainment Licence – The Bristol Inn, Clevedon (Agenda Item 4)

Mr Parrot, Mrs Bond and Mr McGrath (for the Applicant), 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 proposal and referred to the statutory background to the licensing of public entertainments. Ms Fear then called Lynette Champion, Licensing Officer, who confirmed that the Licensing Authority had received no complaints about the way in which the premises were run. She referred to the large number of objections submitted in respect of the current proposal, and circulated additional correspondence which had recently been received.

In response to a question from Mr Parrott, Lynette Champion confirmed that the premises had been in possession of a public entertainment licence since at least 1997, that the licence was renewed on an annual basis, and that no complaints had been received by the Licensing Authority or the Environmental Health Section in respect of the licence held by the Bristol Inn. Mr Parrott referred to other licensed premises in the locality, and asked whether the Clock Tower public house was licensed for public entertainment. Ms Champion confirmed that it did not currently hold such a licence, but that an application had recently been submitted.

Natalie Fear then called Darren Fairchild, Technical Officer Environmental Health, who referred to a recent inspection that he had conducted at the premises. He circulated a memo dated 2nd July 2003, which outlined his findings. He explained that ‘temporary threshold shift’ was the name given to a recognised syndrome which caused people who had been exposed to increased volumes of noise, to temporarily talk more loudly than usual in order to be heard. The term ‘acoustically harsh’ was used to describe an environment consisting largely of tall buildings of stone and/or concrete construction, which offered little by way of sound absorption. He confirmed that during the evening of his visit to the premises no noise could be detected emanating from the establishment.

In response to a question from Mr Parrott, Mr Fairchild confirmed that the council had received no complaints about noise from the premises, during the current Licensee’s tenure.

In response to a question from a member of the public about the recent inspection, Mr Fairchild confirmed that it had taken place on a Friday evening.

At the invitation of the Chairman, Police Sergeant Mark Cornish, Community Police Officer, addressed the Sub-Committee in respect of police concerns about increased noise and disorder arising from later opening hours, and the impact that this would have on police resources.

Sergeant Cornish then responded to a number of questions from members of the public, concerning crime and disorder issues generally.

In response to a question from Mr Parrott, Sergeant Cornish confirmed that the Police had no complaints about Mrs Bond’s stewardship of the premises. He told the Sub-Committee that a later licence for the premises concerned would attract more people to the locality.

At the invitation of the Chairman, a number of local residents including two Town Councillors then addressed the Sub-Committee in respect of the application. The issues raised included problems that arose on people leaving the premises, particularly in respect of the car park, increased levels of noise and light pollution, as well as incidents of lewdness and fighting. The need for later opening was also disputed.

At the invitation of the Chairman, Councillor David Shopland, District Councillor for Clevedon East, then addressed the Sub-Committee in respect of the application. Councillor Shopland referred to the projection of sound from the premises attributable to its elevated position. He drew Members attention to public health issues arising from later drinking, and to the greater potential for disturbance to local residents. Councillor Shopland urged the Sub-Committee to keep the hours of operation of the public entertainment licence the same as at present.

At the invitation of the Chairman, Mr Parrott then presented the Applicant’s case. He referred to the high standards of the recent refurbishment which had been undertaken by the premises’ owners, Scottish and Newcastle. This included noise minimisation measures. He told the Sub-Committee about a change in direction of the pub, including the altered age profile of customers. The premises now operated as a ‘Steak & Ale House’, which had led to increased food sales and an accompanying dip in liquor sales. He referred to a recent ‘straw’ poll of customers, of whom 120 had indicated support for later opening.

Mr Parrott asked the Sub-Committee to consider granting the application for a trial period, to allow monitoring to take place.

Mr Parrott then introduced Mrs Diane Bond, Licensee of the Bristol Inn, who confirmed that she had been in the licensed trade for sixteen years, and at these premises for the last four and a half years. Mrs Bond told the Sub-Committee that she enjoyed a good working relationship with local residents and had always sought a speedy resolution to any issues raised by her neighbours.

In response to question from Natalie Fear, Mrs Bond reported that her door staff were currently employed until 11.30 pm on Fridays, Saturdays and Sundays. She was intending to display printed notices urging customers to have due consideration for local residents on leaving the premises.

Mrs Bond told the Sub-Committee that not all customers wanted to go home at 11.00 p.m. and that there was nowhere else available in the town which catered for mature people. In response to a question from Councillor Mrs Kraft, Mrs Bond confirmed that the kitchen closed at 9.00 pm Monday to Saturday. There were currently no plans to alter this.

At the invitation of the Chairman two local residents then addressed the Sub-Committee in support of the application.

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 invited Councillor Barry Walters to announce the Sub-Committee's decision as follows,

RESOLVED: that having considered the reports and other paperwork, having heard from the Applicant and their representatives, North Somerset Council’s Licensing and Environmental Health Officers, local C