Agendas, Minutes and Reports

MINUTES

OF THE MEETING OF THE

WEST AREA Committee

Thursday 25th September 2003

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

Meeting Commenced: 6.00 p.m. Meeting Concluded: 7.35 p.m.

PRESENT: Councillors John Crockford-Hawley (Chairman), Muriel Kraft (Vice-Chairman), Ian Baker, Michael Bell, Peter Bryant, Mark Canniford, Colin Golland, Jenny Gosden, Alan Hockridge, Derek Kraft, Ronald Moon, Mari Owens, Ian Parker, Robert Payne, Richard Skinner, Sally Tabrett, Clive Webb, Roz Willis, Andy Wright

APOLOGIES FOR ABSENCE: Councillors Bob Bateman, Astra Brand, Richard Tucker and Michael Roe

WAC

Public Speaking at Planning Committees under Standing Order 17A - Planning Application 03/P/1591/F (Agenda Item 1)

Mr. Edwards addressed the Committee, speaking against the application.

The Chairman thanked Mr. Edwards for his comments.

WAC

Public Speaking at Planning Committees under Standing Order 17A – Planning Application 03/P/1844/F (Agenda Item 1)

Mr. Miller addressed the Committee, speaking against the application.

The Chairman thanked Mr. Miller for his comments.

WAC

Public Speaking at Planning Committees under Standing Order 17A – Planning Application 03/1844/F (Agenda Item 1)

Mr. Wells addressed the Committee speaking in favour of the application as he is the applicant.

The Chairman thanked Mr. Wells for his comments.

WAC

Public Speaking at Planning Committees under Standing Order 17A – Planning Application 02/P/2281/F (Agenda Item 1)

Mrs. Pollard addressed the Committee on behalf of local residents, speaking against the application.

The Chairman thanked Mrs. Pollard for her comments.

WAC

100

Public Speaking at Planning Committees under Standing Order 17A – Planning Application 03/P/2068/F (Agenda Item 1)

Mrs. Freeman addressed the Committee on behalf of local residents, speaking against the application.

The Chairman thanked Mrs. Freeman for her comments.

WAC

101

Declarations of Interest by Members (Agenda Item 3)

Councillor Ian Parker declared a prejudicial interest in respect of planning application 02/P/2281/F – he is a friend of the applicant.

WAC

102

Minutes of the Meeting held on 28th August 2003 (Agenda Item 4.1)

RESOLVED: that the minutes of the meeting be approved as a correct record and signed by the Chairman subject to it being noted that in Minute No. WAC 80, Declarations of Interest, a close relative of Councillor Payne’s lives near the site of planning application 02/P/2281/F.

WAC

103

Minutes of Site Meetings held on 15th September 2003 (Agenda Item 4.2)

RESOLVED: that the minutes of the site meetings be approved as a correct record and signed by the Chairman.

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6.27 p.m.COUNCILLOR PARKER HAVING PREVIOUSLY DECLARED A PREJUDICIAL INTEREST LEFT THE MEETING

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PART 1 – RECOMMENDATIONS TO THE PLANNING AND REGULATORY COMMITTEE

WAC

104

Application 03/P/2068/F – Temporary consent for 1 year for change of use of the ground and first floor from hotel to hostel for a maximum of 15 families, Dorville Hotel, 18 Madeira Road, Weston-super-Mare (Agenda Item 6.3)

The Director of Development and Environment presented the report.

The Chairman advised the meeting that Councillor Canniford had a petition of 200 signatures to present. Although the formal notice was not adhered to, the Chairman was minded to accept the petition with the concurrence of the Committee, which was duly confirmed.

RECOMMENDED TO THE PLANNING AND REGULATORY COMMITTEE:

that the application be REFUSED for the following reasons:

(1) The proposal would have a harmful effect on the character and amenities of the property and adjoining properties contrary to North Somerset Local Plan Policy HOU/15;

(2) The proposal would have a harmful effect on the amount of tourist accommodation and the character of the Prime Tourist Area contrary to Policy TOR/5 of the North Somerset Local Plan.

The Committee requested that it be recorded that the vote was unanimous.

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6.42 p.m.COUNCILLOR PARKER RETURNED TO THE MEETING

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THE MEETING ADJOURNED AT 6.44 P.M.

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THE MEETING RECONVENED AT 6.48 P.M.

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PART 2 – DECISIONS OF THE AREA COMMITTEE

WAC

105

Application No. 02/P/2281/F – Change of use from garage/car sales to residential including complete demolition with 19 new build residential units comprising houses and flats at 351-361 Locking Road, Weston-super-Mare (Agenda Item 6.1)

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

RESOLVED: that the application be APPROVED subject to the completion of a Section 106 Agreement which requires contributions in the region of £28,000 for the provision of off-site public open space and 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 commence until a parking layout plan for the whole site has been submitted to and approved in writing by the Local Planning Authority. The parking area shall be properly consolidated, surfaced and laid out as in accordance with the approved plans prior to occupation of the flats unless otherwise agreed in writing with the Local Planning Authority.

3. Development shall not begin until a scheme to include an investigation and assessment to identify the extent of contamination of the site which shall be in accordance with advice note 3 of this consent, and the measures which will be taken to avoid risk to the public and the environment during and after development, has been submitted to and approved in writing by the Local Planning Authority. Development shall not commence until the mitigation measures approved have been fully implemented.

4. Prior to the commencement of development, full details of the existing and proposed boundary treatment which shall include the retention or replacement of all existing boundary walls and roof garden walls shall be submitted to and approved in writing by the Local Planning Authority and the development carried out in complete accordance with the approved scheme. No variations shall take place without the written approval of the Local Planning Authority.

5. Development shall not begin until drainage works have been carried out in accordance with details which shall be submitted to and approved, in writing, by the Local Planning Authority.

6. No development shall commence and no trees shall be removed until full details of a landscaping scheme, which shall include the retention of the existing conifer trees at the northern boundary within the proposed car park, has 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 dwellings 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. No work shall be commenced until samples of the external 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.

10. Prior to the commencement of development full details of the existing and proposed vehicular crossovers at the frontage of the site with Locking Road shall be submitted to and approved by the Local Planning Authority and the works carried out in accordance with the approved details.

11. Prior to the commencement of development full details of the covered bin stores shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be fully constructed unless variations are first approved in writing by the Local Planning Authority.

12. No development shall commence until an acoustic assessment of noise nuisance from traffic at Locking Road has been submitted to and approved by the Local Planning Authority. The recommendations of the approved report shall be fully taken into account in the design and construction of the dwellings and flats unless otherwise agreed in writing with the Local Planning Authority.

13. Notwithstanding the approved plans and details, no development shall commence until full details of the land, ridge and floor levels of the proposed flats and dwellings have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details unless amended proposals are first submitted to and approved in writing by the Local Planning Authority.

14. Notwithstanding the provisions of the Town and Country Planning (General Permitted) Development Order 1995, or any order revoking and re-enacting that Order, all windows and glazing at the first floor of the north rear elevation of the flats shall be glazed in obscured glazing and shall remain so at all times, unless revisions are first submitted to and approved in writing by the Local Planning Authority.

WAC

106

Application No. 03/P/1644/F – Care development comprising 90 bed care home for the elderly, 53 no. Cat. 2 sheltered close care flats and day care centre, land at Diamond Batch/Summer Lane, Locking Castle, Worle, Weston-super-Mare (Agenda Item 6.2)

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

RESOLVED: that subject to a) written agreement to conditions to secure improvements to boundary treatments and bin stores, b) referral of the application to the Government Office of the South West as a departure from the development plan and c) a Section 106 agreement securing:-

(i) A minimum of 30% affordable housing provision on site and/or the equivalent in contributions for off site provision,

(ii) A financial contribution provided for the improvement of existing public open space and recreational facilities at the rate of £588 per one bed flat and £1,176 per two bed flat – if this is found to be required by the Parks Officer,

(iii) The main occupancy of the 53 sheltered flats to be restricted to people aged 60 or older,

the application be APPROVED subject to the following conditions and any additional or amended conditions which may be required as a result of further submissions:-

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

2. The finished floor, ground and ridge height levels shall not exceed those shown on the approved plans unless amended details are first submitted to and approved in writing by the Local Planning Authority.

3. No development shall be commenced until drainage details including land drainage where applicable have been submitted to and approved by the Local Planning Authority. Such works shall be carried out concurrently with the development to a programme to be agreed and approved, in writing, by the Local Planning Authority.

4. No part of the development shall be occupied until the parking area has been constructed and the parking spaces marked out in accordance with the approved plans and secure cycle stands provided in accordance with plans to be submitted and approved. The parking areas and facilities shall not be used except for the parking of vehicles in connection with the development hereby approved.

5. No development shall take place until full details of a landscaping scheme, which shall be in accordance with the approved principles, have been submitted to and approved, in writing, by the Local Planning Authority.

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

7. 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.

8. Notwithstanding the submitted details no development shall be commenced until sample panels of the proposed external materials including railings, walling materials for the buildings, and walling materials for all boundary walls have been erected on the site and approved in writing by the Local Planning Authority. Thereafter, the materials to be used in the development hereby permitted shall be in accordance with the approved details.

9. Notwithstanding the submitted plans, no apartment shall be occupied until bins and bin stores have been provided on site in accordance with detailed plans and specifications to be submitted to and approved by the Local Planning Authority.

10. No apartment shall be occupied until a scheme of external lighting (which shall include details of the design of the means of illumination and a lighting contour plan) has been installed in accordance with details to be submitted to and approved by the Local Planning Authority.

11. Notwithstanding the provisions of the Town and Country Planning (General Permitted) Development Order 1995, or any order revoking and re-enacting that Order, no external alterations to the buildings shall be carried out without the permission, in writing, of the Local Planning Authority.

12. Prior to commencement of development a security fence shall be erected at the boundary of the site with the Railway as shown on plans to be submitted to and approved in writing by the Local Planning Authority unless revisions are first approved in writing by the Local Planning Authority.

13. Prior to commencement of development full details of a safety barrier which shall be constructed at the boundary of the site with the railway where the boundary is adjacent to areas which are accessible to vehicular traffic shall be submitted to and approved in writing by the Local Planning Authority. The works shall be carried out in accordance with the approved details unless amendments are first agreed in writing with the Local Planning Authority.

14. No development shall commence until an acoustic report into the noise from the adjacent railway and Summer Lane has been submitted to and approved in writing by the Local Planning Authority. The report shall be carried out in accordance with a brief to be first produced by the Local Planning Authority and shall identify the noise category exposure (NEC) of the site in accordance with the guidance in Planning Policy Guidance note 24. The report shall identify mitigation measures required to ensure the protection of future occupiers from effects of the noise and these measures shall be fully implemented in the development prior to occupation of any of the residential accommodation unless revisions are first submitted to and approved by the Local Planning Authority.

15. Noise from fixed plant and equipment at the development shall be inaudible at the boundary of any adjacent noise sensitive premises.

16. Prior to the construction of any facilities for the storage of oils, fuels or chemicals full details of the design and location which shall accord with the guidance in advice note 2 of this consent, shall be submitted to and approved in writing by the Local Planning Authority. The works shall be carried out in complete accordance with the approved details unless amendments are first agreed in writing with the Local Planning Authority.

17. Notwithstanding the submitted plans, no development shall commence until full details of the boundary treatment adjacent to Diamond Batch, which shall include either metal railings or a wall with railings over, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in complete accordance with the approved scheme, unless otherwise agreed in writing with the Local Planning Authority.

18. The self-contained flats in the Nursing Home shall only be occupied as ancillary accommodation to the main use of the building as a Nursing Home.

WAC

107

Application 03/P/1591/F – Continued occupation of 36 Constable Drive, Weston-super-Mare without complying with condition 7 of planning permission 1114/74 (in respect of the provision of one garage space), which states:

“Sufficient space for one garage and one parking space, together with a vehicular access thereto shall be provided contemporaneously for each dwelling before it is occupied in positions approved by the District Planning Authority. The said space and access shall not be used other than for the parking of vehicles or for the purpose of access” (Agenda Item 6.4)

The Director of Development and Environment presented the report.

RESOLVED: that the application be APPROVED 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. The garage shall not be used except for the parking of cars for private or domestic purposes and shall at no times be used for any commercial or business purposes whatsoever.

WAC

108

Application No. 03/P/1683/O – Outline planning permission for the erection of a bungalow on land at 6 Totterdown Lane and 4 Highfield Road, Weston-super-Mare (Agenda Item 6.5)

The Director of Development and Environment presented the report.

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

The proposal would result in an over-development of the site in that it would create a cramped form of residential development that is out of context with and would detract from the more spacious characteristics of adjoining properties. The proposal is therefore contrary to Policy HOU/2 of the North Somerset Local Plan.

WAC

109

Application No. 03/P/1713/O – Proposed outline planning application for the erection of two storey detached dwelling at 21 Sunningdale Road, Weston-super-Mare (Agenda Item 6.6)

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

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

The proposal would result in an over-development of the site in that it would create a cramped form of residential development, that is out of context with and would detract from the more spacious characteristics and layout of adjoining properties. The proposal is therefore contract to Policy HOU/2 of the North Somerset Local Plan.

WAC

110

Application No. 02/P/1844/F – Outline permission to demolish existing bungalow and erect two dwellings at The Rockeries, 50 Milton Hill, Weston-super-Mare (Agenda Item 6.7)

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

RESOLVED: that the application be APPROVED subject to the following conditions:-

1. Approval of the details of the design, external appearance and 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. 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.

3. 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.

4. No development shall be commenced until foul and surface water drainage details have been submitted and approved by the Local Planning Authority.

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

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

7. 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 the 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.

8. No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design and materials and type of boundary treatments to be erected. The boundary treatment shall be completed in accordance with a timetable to be agreed in writing with the Local Planning Authority.

9. Notwithstanding the provisions of the Town and Country Planning (General Permitted) Development Order 1995, or any Order revoking and re-enacting that Order, no windows or openings shall be inserted into any part of the west (side) elevation of the dwelling closest to number 54 Milton Hill without the permission, in writing, of the Local Planning Authority.

10. The dwellings hereby permitted shall not be occupied until a properly consolidated and surfaced turning area for vehicles has been constructed in accordance with drawing number 03/05/21-3A. The approved turning area shall thereafter be kept available for turning at all times.

11. The finished floor, ground and ridge height levels shall not exceed those shown on the approved plans.

12. A report showing the following:

· The identification, through a site survey, of protected wildlife species present (as designated under the Wildlife and Countryside Act 1981 (as amended) and the badger Act 1992).

· The protection, as required, of wildlife species, referred to under (I) above and as identified through the site survey. The approved measures shall be implemented in full unless the Local Planning Authority gives written consent to any variation.

Shall be submitted along with the reserve matters application.

13. Prior to any development from commencing on site a protective barrier, of a height and form to be agreed in writing, with the Local Planning Authority, shall be erected at the base of the quarry edge and remain in place until the development is completed.

14. Notwithstanding the provisions of the Town and Country Planning (General Permitted) Development Order 1995 or any Order revoking and re-enacting that Order, no means of enclosure shall be erected on any part of the site without the permission, in writing of the Local Planning Authority.

WAC

111

Application No. 03/P/2093/F – Relocate boundary wall to side of property and erect 1.8 metre (6 foot) fence to edge of pavement to enclose garden at 1 Larchgrove Walk, Weston-super-Mare (Agenda Item 6.8)

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

RESOLVED: that the application be APPROVED subject to the following condition:-

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

WAC

112

Application No. 03/P/1997/F – Erect 2.4m high palisade fencing on two sides of the field bordering the cycle path at Milton Junior School Playing Field, Ewart Road, Weston-super-Mare (Agenda Item 6.9)

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

RESOLVED: that the application be APPROVED 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 work shall be commenced until a sample of the colour coating of the fence and gates hereby permitted is submitted and approved in writing by the Local Planning Authority.

3. Prior to the commencement of the development, a landscaping scheme to soften the section of fencing along the northern boundary shall be submitted to and approved by the Local Planning Authority.

4. All works comprised in the approved details of landscaping should be carried out during the months of October to March inclusive following the completion of the development.

5. 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 the prior written consent for 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.

WAC

113

Applications determined by the Officers (Agenda Item 6.10)

RESOLVED: that the decisions contained in Section 3 of the report of the Director of Development and Environment for the period 8/8/03 to 9/9/03 detailing the applications dealt with by the officers under delegated authority be noted.

WAC

114

Planning Appeals (Agenda Item 6.11)

The Director of Development and Environment reported on the following appeals:-

(a) Planning Appeal Decisions

02/P/2513/F – Conversion of an existing garage into a one bedroom bungalow and single storey extension to side on land at 14 Portishead Road, Worle, Weston-super-Mare – Mr. K. Taylor – Appeal Dismissed.

(b) Planning Appeals received since the last Committee

03/P/0049/O – Erection of two storey dwelling with garage and vehicular access, on land adjoining 8b Fairfield Close and rear of 44 Farm Road, Milton, Weston-super-Mare – Mr. and Mrs. Sellen and Mrs. H. Walsh

WAC

115

Area Committees – Budget Bidding (Agenda Item 7)

The Committee received a report from the Funding Advisory Service presenting three new applications for financial assistance under the Budget Bidding Process.

RECOMMENDED TO THE LEADER OF THE COUNCIL:

(1) that the bid in respect of Safety Zone 2000 in the sum of £1,500 be DEFERRED for one cycle for further information;

(2) that the bid in respect of Advertising and Sponsorship Co-ordinator Graphics Unit (NSC) on behalf of a group of art businesses in Weston-super-Mare to produce an arts leaflet trail in the sum of £650 be GRANTED; and

(3) that the sum of £1,000 to the North Somerset Play Forum for a Halloween Event be GRANTED.

WAC

116

Certificate of Lawfulness for an existing use of 72 Clifton Road, Weston-super-Mare as three self-contained flats (Application No. 03/P/2176/LUE) – Agenda Item 8.1

Members received a report from the Solicitor to the Council giving details on an application for a Certificate of Lawfulness for an existing use of 72 Clifton Road, Weston-super-Mare as three self-contained flats.

RESOLVED: that a Certificate of Lawfulness for an existing use of part of 72 Clifton Road, Weston-super-Mare (flat 1 first floor front; flat 2 first floor rear and flat 3 ground rear as shown on plans submitted with the application) be GRANTED on the grounds that the use began more than ten years before the date of the application.

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Chairman

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