MINUTES

OF THE MEETING OF THE

South Area Committee

Wednesday 27th August 2003

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

Meeting Commenced: 6.00 p.m. Meeting Concluded: 7.02 p.m.

PRESENT: Councillors Ann Harley (Chairman), Ian Porter (Vice-Chairman), Elfan Ap Rees, Tony Lake, Tom Leimdorfer, Hugh Parsons, Elizabeth Wells, Deborah Yamanaka

APOLOGIES FOR ABSENCE: Councillors Ian Peddlesden, Audrey Telling.

SAC

Public Speaking at Area Committees under Standing Order No 17 (Agenda Item 1) – Alan Wilson

NON PLANNING APPLICATION MATTERS

Alan Wilson addressed the Committee and spoke on Agenda Item 8 . Certificate of Lawfulness for an existing use of land at Elton Farm, Dundry for Clay Pigeon shooting 02/P/0501LDE.

Mr. Wilson contended that the method of calculus used by the Legal Department to determine its recommendations to this Committee was mathematically flawed in several areas.

SAC

Public Speaking at Area Committees under Standing Order No. 17A (Agenda Item 1) - Mavis Dyer – on behalf of the Well Park residents, Congresbury.

PLANNING APPLICATIONS

Ms. M. Dyer addressed the Committee and spoke against planning application no. 03/P/1217/0 – Erection of affordable housing on land at Well Park, Congresbury. She highlighted the following points:

· inadequate access;

· the flood plain issue;

· noise levels on existing elderly residents;

· the village boundary alteration;

· lack of local consultation.

SAC

Public Speaking at Area Committees under Standing Order 17A (Agenda Item 1) – Ms., Lesley Sheldrake, Knightstone Housing Association

Ms. L. Sheldrake spoke in favour of planning application no. 03/P/1217/0 – Erection of affordable housing on land at Well Park, Congresbury.

She updated Members on recent events and drew Members’ attention to the following details:

· if permission is approved for the development, bungalows would be included;

· as stated in the Replacement Local Plan published in September 2002, there will be an annual shortfall of 375 units per year;

· no major sites proposed for development in the village of Congresbury during the plan period (2011);

· the site is a brownfield site, adjacent to existing development;

· the site is owned by a Housing Association;

· Highways Engineer, the West Mendip Drainage Board and the Environment Agency are satisfied with both the access and drainage concerns.

SAC

Declarations of Interest by Members

None.

SAC

Minutes of the Meeting held on 30th July 2003 (Agenda Item 4.1)

RESOLVED: that the minutes of the meeting held on 30th July 2003 be approved as a correct record and signed by the Chairman.

SAC

Notes of the Site Inspection held on 14th August 2003 (Agenda Item 4.2)

RESOLVED: that the notes of the meeting held on 14th August 2003 be noted.

PART 1 – RECOMMENDATIONS TO THE PLANNING AND REGULATORY COMMITTEE

None

PART 2 – DECISIONS OF THE COMMITTEE

SAC

03/P/1217/O – Erection of Affordable Housing on land at Well Park, Congresbury (Agenda Item 6.1)

The Director of Development and Environment reported on the application. He referred to the update sheet, a copy of which is filed on the signed Minute Book.

RECOMMENDED: that the application be APPROVED subject to the completion of a Section 106 legal agreement securing a restriction on occupancy of the units in accordance with Policy HOU/12 and proposed Policy H/5 of the Replacement Local Plan and to secure financial contributions towards the public open space and improvements to the footpath network and subject to the following conditions:

1. Approval of the details of the siting, design and external appearance of the building(s), and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority, in writing before any development is commenced.

2. Plans and particulars of the reserved matters referred to in Condition 01 above, relating to the siting, design and external appearance of any buildings to be erected, the means of access to the site and the landscaping of the site, shall be submitted in writing to the Local Planning Authority and shall be carried out as approved.

3. Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiry of three years from the date of this permission.

4. The development hereby permitted shall be begun either before the expiry of five years from the date of this permission, or before the expiry of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

5. 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 shall be inserted in the elevations of properties overlooking the northern boundary of the site without the permission of the Local Planning Authority.

6. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or any Order revoking and re-enacting that Order, no gates, fences, walls or other means of enclosure shall be erected or constructed to any plot boundary without the permission of the Local Planning Authority.

7. No works shall be commenced until samples of materials have been submitted to and approved by the Local Planning Authority.

8. All works comprised in the approved details of landscaping shall be carried out during the months of October to March inclusive following occupation of the dwellings, or completion of the development, whichever is the sooner.

9. Trees, hedges and plants shown in the landscaping scheme to be retained or planted which, during the development works or a period of 10 years following 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.

10. Finished floor levels of all new dwellings to be built on site shall not be set at a level lower than 9.3m Above Ordnance Datum.

11. No development approved by this permission shall be commenced until a scheme for the provision of surface and foul water drainage works has been submitted to and approved in writing by the Local Planning Authority. The drainage works shall be completed in accordance with the details and timetable agreed.

12. No development approved by this permission shall be commenced until a scheme for the provision and implementation of compensatory flood storage works has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved programme and details.

13. The application for reserved matters shall include details of a footpath link from the site to the nearby public footpath and this footpath link shall be provided prior to the occupation of the last dwelling in accordance with the approved details.

14. There shall be no more than 13 dwellings provided on the site and a range of dwelling sizes shall be proposed, to include two bungalows nearest to the existing settlement on the northern side.

Advice Notes: The applicant is advised that

1. Consideration should be given to the construction of the development in terms of hours of working, parking and access to reduce the impact on the existing residents.

2. They should liaise with Congresbury Parish Council and arrange a consultative event with the Parish.

SAC

02/P1438/F – The addition of a green oak porch to the north elevation of the Chapel at Wrington United Reformed Church, Ropers Lane, Wrington (Agenda Item 6.2)

The Director of Development and Environment reported on the application. He referred to the update sheet, a copy of which is filed on the signed Minute Book.

RESOLVED: that the application be APPROVED subject to 5 years condition.

SAC

02/P/1531/F – Extension to existing agricultural building and erection of implement store (retrospective application), change of use of part of agricultural building to form shop at Over Langford Manor, Bath Road, Upper Langford (Agenda Item 6.3)

The Director of Development and Environment reported on the application. He referred to the update sheet, a copy of which is filed on the signed Minute Book.

RESOLVED: (a) that the application be REFUSED with ENFORCEMENT for the following reasons:-

1. The barn extension, open fronted store building and farm shop are not reasonably necessary for and ancillary to the use of the land for agricultural purposes and this proposal is therefore contrary to policy DCS/1 (i) of the North Somerset Local Plan and policy RD/2 of the North Somerset Local Replacement Local Plan.

2. The form and materials used on the barn extension and open fronted implement store fail to respect the character and appearance of the existing buildings and the Mendip Hills Area of Outstanding Natural Beauty, contrary to policies DCS/1 (iii) and AONB/1 of the North Somerset Local Plan; policies GDP/3, RD/2 and ECH/9 of the North Somerset Replacement Local Plan, and the advice contained within the ‘Agricultural Building Design Guidelines for the Mendip Hills Area of Outstanding Natural Beauty (AONB)’ (Supplementary Planning Guidance).

3. The vehicular access of Over Langford Manor onto the A 368 (Bath Road), due to poor forward and junction visibility and its restricted width, is unsuitable to cater for any additional traffic associated with the sale of general goods and as such the development is contrary to policies T/11 and S/5 (i) of the North Somerset Local Plan and T/10 of the North Somerset Replacement Local Plan.

(b) that ENFORCEMENT ACTION including any court action if applicable, be taken to remedy the breach of planning control subject to consultation between the Director of Planning and Environment and the Solicitor to the Council.

SAC

04/P/1664/RG3 – Demolition of two classroom buildings and toilet block. Erection of two new modular Elliott classroom buildings at Blagdon County Primary School, Bath Road, Blagdon

03/P/1649/CA – Demolition of two classroom buildings and toilet block, erection of two new modular Elliott classroom buildings at Blagdon County Primary School, Bath Road, Blagdon (Agenda Item 6.4)

The Director of Development and Environment presented the report. He referred to the update sheet, a copy of which is filed on the signed Minute Book.

RECOMMENDATION:

(1) Conservation Area Consent (03/P/1649/CA) APPROVE subject to the following condition:-

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

(2) Planning permission 03/P/1664RG3 APPROVE 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. No development shall take place until details of a landscaping scheme have been submitted to and approved, in writing, by the Local Planning Authority.

3. 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.

4. 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.

5. No development shall be commenced until drainage works have been carried out in accordance with details to be submitted to and approved, in writing, by the Local Planning Authority.

SAC

Applications determined by the Officers (Agenda Item 6.5)

The Director of Development and Environment reported on the applications that had been determined by officers under delegated authority.

RESOLVED: that the decisions contained in Section 3 of the Report of the Director of Development and Environment dated 15th July 2003 be noted.

SAC

Planning Appeals (Agenda Item 6.6)

Planning Appeal Decisions

None.

Planning Appeals received since the last Committee

02/P/2208/F– Erection of 15m high slimline monopole with antennae and transmission dishes housed along with ground based equipment cabinets in fenced and landscaped compounds - Sidcot Hill Farm, Oakridge Lane, Winscombe - Orange PCS Ltd

03/P/0121/F - Erection of a timber clad pig breeding unit and retention of existing pig pen and run - Land adjacent to Walnut Barn, Church Lane, Hutton - Mr M Orchard & Mr S Perks

03/P/1283/F - Change of use from agriculture to gypsy/travellers site for 4 pitches to include access road, hardstanding, cesspit, earth bunding and landscaping - Land adjoining A370, Hewish - Mr & Mrs N Penfold

02/P/2490/F - Retrospective change of use for barn from agricultural to general storage use - Farm Buildings at Honeyhall Lane, Congresbury - Mrs S Stuckey

02/P/2673/F - Change of use of redundant barn to dwelling and erection of garage/garden store - Barn on plot off Whitling Street, Winford - Mr & Mrs Groves

03/P/0215/F - Erection of a two storey side extension - St Andrews Farm, Church Lane, Loxton - Mr & Mrs M J Isgar

SAC

Area Committee Budget Bidding

The Committee received a report from the Funding Advisory Service presenting applications for financial assistance and under the budget bidding process.

RECOMMENDED TO THE LEADER OF THE COUNCIL: that the bid in respect of Winford Parish Council in the sum of £2,500 be APPROVED.

SAC

Certificate of Lawfulness for an Existing Use of land at Elton Farm, Dundry for Clay Pigeon Shooting (Application No 02/P/2592/LUE) (Agenda Item 8)

The Solicitor to the Council addressed the points raised during Public Participation – attached at Annex 1.

RESOLVED: to defer the application for one cycle to review further crucial information.

SAC

Certificate of Lawfulness for an Existing Operation on land at Elton Farm, Dundry – Erection of container (Application No 03/P/0501/LDE) (Agenda Item 9)

Members received a report from the Solicitor to the Council giving details on an application for an existing operation on land at Elton Farm, Dundry – Erection of a container.

RESOLVED: that a Certificate of Lawfulness be granted for an existing operation on land at Elton Farm, Dundry being the erection of a shipping container (made of aluminium with steel sheets bolted on and with dimensions 8' x 8' x 20'). The Certificate should be granted on the grounds that the operations were substantially completed more than four years before the date of the application.

SAC

Certificate of Lawfulness for a Proposed Development – Conversion of garage to habitable living space (replacement of garage door to French doors at Primrose Cottage, Ham Link, Burrington (Application No 03/P/1792/LUP) (Agenda Item 10)

Members received a report from the Solicitor to the Council giving details on an application for a Certificate of Lawfulness for an proposed development – conversion of garage to habitable living space (replacement of garage door to French doors at Primrose Cottage, Ham Link, Burrington).

RESOLVED: that a Certificate of Lawfulness be granted for the proposed development of the conversion of garage to habitable living space, including replacement of garage door to French doors at Primrose Cottage, Ham Link, Burrington in accordance with the drawing submitted with the application, on the grounds that the development is permitted development in accordance with the provisions of Class A of Part I of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995.

________________________________

Chairman

________________________________

APPENDIX A

SOUTH AREA COMMITTEE

PARISH VOICE

27TH AUGUST 2003

Meeting Commenced: 5.15 p.m. Meeting Concluded: 5.50 p.m.

PRESENT:

Ken Richardson – Clerk to Congresbury Parish Council

North Somerset Council:

Councillors Ann Harley (Chairman), Ian Porter (Vice-Chairman), Elfan Ap Rees, Tony Lake, Tom Leimdorfer, Elizabeth Wells and Deborah Yamanaka arrived at 5.30 p.m.

Officers:

Simon Ecksley – Development and Environment Directorate

Richard Kent – Development and Environment Directorate

Xanne Blythe – Democratic Services

1	Congresbury Parish Council

Congresbury Parish Council wishes to receive clarification with regard to the procedure of implementing authorised enforcement action whilst unauthorised development continues.

Officers and Members responded.

A letter was handed to Mr. K. Richardson covering the following points on enforcement issues –

· sites adjoining Moorhead Park, A370, at Hewish and Congresbury;

· the currant planning position on the above sites was provided;

· if an appeal is lodged against the notice, the notice would be held in abeyance;

· the submission of a planning application or an appeal against the refusal of planning permission would not prevent the authority from pursing enforcement action;

· this would be the case relating to sites at this address, where there has been a history of previous refusals and appeals being dismissed.

Officers informed Members that methods of improving the speed of enforcement notices are being addressed with internal arrangements although it was a question of resources. The enforcement procedure is not a quick process, initiated by a Committee resolution a CPN with a 28 day notice period to be upheld before an enforcement notice can take effect. Stop notices are rarely used due to possible financial compensation claims. In the future an Enforcement Notice will be served at the same time as the appeal so that the appeal could be linked.

The following issues were discussed by Members and officers –

* The Local Plan identifies sufficient sites for gypsies in North Somerset.

* Only 27 sites were identified in North Somerset irrespective of need.

* Gypsies do not register in a housing needs survey, but accounts are made to pick up local needs in particular areas.

* This is a national problem the Government no longer supplies local authorities grants to established sites.

* The precedent of allowing one site perpetuates other sites.

* Once an appeal is lodged with the planning inspectorate a great deal of time is taken to determine the appeal.

* Social Services are involved with the families.

* The Human Rights Act is used.

* Planning legislation offers alternative accommodation or sites.

* Protocol has been approved by Committee.

* The officers have to judge the level of priority.

Ken Richardson reiterated that the enforcement time should be reduced from five to three months and that his Parish Council was mindful of the problems met by North Somerset Development and Environment Directorate.

SOUTH AREA COMMITTEE

27 AUGUST 2003

UPDATE SHEET

Agenda Item 6.1

Application 03/P/1217/0

Land at Well Park, Congresbury

Correspondence received

A letter has been received from the agent to confirm that further consideration has been given to the mix of dwellings on the site due to concerns of local residents. The preliminary list of dwellings would be:

4 x 1 bed, 2 person flats

2 x 2 bed, 3 person bungalows

4 x 2 bed, 4 person houses

2 x 3 bed, 5 person houses

1 x 4 bed, 6 person houses

The final layout would be subject to a detailed application and the intention would be to position the bungalows adjacent to existing properties and to consider a route for cyclists from the site.

Officer’s comments: Since the application is in outline with only the means of access NOT reserved for subsequent approval. As such it is considered condition 14 covers the need for a mix of dwelling sizes and the detailed layout, mix and effect on adjoining properties would be determined as part of the application for reserved matters. It is, however, considered that 2 advice notes are required;

Amendments to recommendation:

“You are advised that

1. You should consider the provision of bungalows adjacent to the existing bungalows as part of the reserved matters application to reduce the impact on the existing properties and to comply with condition 14.

2. Consideration should be given to the construction of the development in terms of hours of working, parking and access to reduce the impact on the existing residents.

Agenda Item 6.2

Application 03/P/1438/F

Wrington United Reformed Church, Ropers Lane, Wrington Page 30.

History Update

Application 03/P/1467/F, approved subject to 4 conditions 20 August 2003.