Agendas, Minutes and Reports

MINUTES

OF THE MEETING OF THE

Planning and Regulatory Committee

Wednesday 8th October 2003

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

Meeting Commenced: 2.30 p.m. Meeting Concluded: 4.31 p.m.

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

APOLOGIES FOR ABSENCE: Councillors Felicity Baker and David Shopland

ALSO IN ATTENDANCE: Councillors Bob Coleman, Colin Golland, Robert Payne, Ian Porter, Chanel Stevens and Andy Wright

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Request to Consider the Suspension of Standing Order 17A

The Chairman advised that he had received a request to consider suspending standing orders to enable all of the members of the public who had requested to address the Committee, to speak. He asked for a member of the Committee to put forward a proposition to suspend standing orders for this purpose if they wished to do so. No such proposition was forthcoming.

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Public Speaking at Planning Committee Under Standing Order 17A

Planning Application No. 03/P/1333/F (Agenda Item 9.2)

Mr Anton Bantock addressed the Committee, as a member of the Malago Society and on behalf of Professor Langton Hewer, speaking against the above-mentioned application. He referred to two letters, which had been passed to the Committee, summarising their concerns.

Mr. Andrew Beard, agent for the applicant, then addressed the Committee in support of the application. He referred, in particular, to possible amendments that the applicant would be willing to make to the application to try to address the concerns raised by the Area Committees.

The Chairman thanked the speakers for their comments.

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Declarations of Interest by Members (Agenda Item 3)

Councillor Ap Rees declared a prejudicial interest in the urgent report entitled “Judicial Review concerning Helicopter Museum, Weston-super-Mare – Joint Report of the Solicitor to the Council and the Director of Development and Environment” (Agenda Item 10) – he is a trustee of the Museum

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Mr David Turner, Director of Development and Environment

The Chairman, on behalf of the Committee, welcomed Mr Turner, Director of Development and Environment, to his first meeting of the Planning and Regulatory Committee. Mr Turner addressed the Committee accordingly.

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Minutes of the Meeting of the Planning and Regulatory Committee held on 20th August 2003 (Agenda Item 4)

RESOLVED: that the minutes of the meeting held on 20th August 2003 be approved as a correct record and signed by the Chairman.

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Minutes of the Joint Site Inspection held on 26th August 2003 (Agenda Item 5)

It was noted that Councillor Clark had been present at this Site Inspection

RESOLVED that the minutes of the Joint Site Inspection held on 26th August 2003 be noted.

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Minutes of the Licensing Sub-Committee held on 13th August 2003 (Agenda Item 6)

RESOLVED: that the minutes of the Licensing Sub-Committee held on 13th August 2003 be noted.

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Minutes of the Licensing Sub-Committee held on 2nd September 2003 (Agenda Item 7)

RESOLVED: that the minutes of the Licensing Sub-Committee held on 2nd September 2003 be noted.

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Application for the Registration of Land at The Orchard, Weston-super-Mare as a Town or Village Green (Agenda Item 9.1)

The Committee considered a report of the Director of Development and Environment concerning an application from a Weston-super-Mare Town Councillor to register The Orchard, Weston-super-Mare as a town or village green.

RESOLVED: that this matter be deferred to the next meeting of this Committee to enable further investigation by officers/executive members

PAR

Application No. 03/P/1333/F – Construction of 4 no. new car parks, pedestrian underpass, new golf pavilion, new golf greens and kiosk, new public toilets, new highway access point, new paths and fences, new drainage, tree removal and replanting and associated landscaping and demolition of kiosk at Ashton Court Estate, Long Ashton (Agenda Item 9.2)

The Director of Development and Environment reported on the above application.

The Committee noted that the application had previously been considered by both North and Central Area Committees, both of which had recommended approval subject to the emission of the proposed new car park and underpass adjacent to Beggar Bush Lane and subject to appropriate conditions. Furthermore, the Central Area Committee had recommended the retention of the trees covered by the Tree Preservation Orders. These recommendations were a variation to the officers’ recommendation, which was for approval of the scheme as a whole.

The Committee were advised of suggested amendments, which had been put forward by the applicant in terms of the northern car park and the tree removal, together with further representations opposing the application. Details of the additional information is set out on the update sheet, which is filed on the minute book. The Committee also received a letter from the English Heritage, a copy of which is filed in the minute book

Debate ensued

RESOLVED: that subject to the application being referred to the Secretary of State as a departure from the Development Plan, application no. 03/P/1333/F be APPROVED subject to:-

(a) the deletion of the northern car park;

(b) the felling of only those Redwoods and other trees blocking the views across the South Lawn to the house, so that these views can be restored;

(c) the felling of some trees (not Redwoods) in the proposed picnic area south of the courtyard café so that the views to the Mansion from the Kennel Lodge entrance are restored and to facilitate surveillance of this area from the courtyard; and

subject to the following conditions (amended as appropriate):-

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

2. The developer shall afford access at all times to any archaeologist nominated by the Local Planning Authority, and shall allow him or her to observe the excavations and record items of interest and finds.

3. Further archaeological survey work, including a geophysical survey, shall be undertaken in the wilderness garden area concurrently with the work to be undertaken in this area. If any archaeological remains are found then work on this area shall cease until further investigations are carried out with an assessment of their significance submitted to the Local Planning Authority, together with appropriate revised design proposals for approval. The revisions shall be implemented in complete accordance with the approved details.

4. No development shall commence unless and until the site has been surveyed for the presence of protected species (including Bats, Dormice, Great Crested Newts, Badgers and Owls) in accordance with a specification to be submitted to and approved by the Local Planning Authority. Should any protected species be identified no development shall commence unless and until a scheme and programme to mitigate the impact of the development on the protected species has been fully implemented in accordance with details to be submitted to and approved in writing by the Local Authority.

5. No development shall commence until an ecological management plan for the site has been submitted to and approved in writing by the Local Planning Authority. The management plan shall include the results of an ecological survey of the site and a detailed scheme of mitigation measures to be incorporated within the development, including a timetable for the monitoring of the impact of the development on the ecological features. The development and the requirements of the management plan shall subsequently be carried out in accordance with the approved details.

6. No work shall be commenced until samples of the materials and external finishes, including colours to be used in the development, have been submitted to and approved, in writing, by the Local Planning Authority. The development shall be carried out using the approved materials unless otherwise agreed in writing.

7. All new external stonework shall be carried out in stone which shall, in type in mortar and in the manner in which it is laid, match that of the existing to the satisfaction, in writing, of the Local Planning Authority.

8. Details of the provision to be made for disabled parking and for the parking of cycles using the estate shall be submitted to and agreed in writing by the Local Planning Authority before development commences. Such works shall be carried out prior to the commencement of the use of the new car parks.

9. No structure or erection exceeding one metre in height above the adjoining carriageway level shall be placed within the sight lines shown on plans to be submitted to and approved, in writing, by the Local Planning Authority.

10. Details of the design and construction of the pedestrian underpass under Beggar Bush Lane shall be submitted to and approved in writing by the Local Planning Authority in conjunction with the Highway Authority prior to the commencement of any work on this structure. Such details should include wide splays at each end and as wide and open a structure as possible. The underpass shall be constructed in complete accordance with the approved details prior to the commencement of the use of the approved golf pavilion.

11. The use of the proposed northern car park at Beggar Bush Lane shall not commence until the pedestrian underpass is completed and available for pedestrian users.

12. The access drive to the Golf Kiosk and the miniature railway shall not be removed until details of the alterations to the access serving the miniature railway, including the reprofiling of the crossing from the site to the highway and the lowering of service boxes have been submitted to and approved by the Local Planning Authority, and the works have been completed in accordance with the approved details.

13. The visibility along the highway verge adjacent to the miniature railway access shall be maintained from the access to the brow of the hill in the Bristol direction at all times, to the satisfaction of the Local Planning Authority.

14. No development shall commence to the proposed new access adjacent to the Dovecote Public House until an amended bus stop location in the vicinity of the Dovecote has been provided in a position to be agreed with the Local Planning Authority.

15. Use of the proposed car parks and golf pavilion shall not commence until the necessary highway works (including highway works adjacent to Clifton Lodge, Church Lodge, the Dovecote and Beggar Bush Lane) have been carried out in accordance with details, to include the detailed design, safety audit and capacity design, to be agreed with the Local Planning Authority and Highway Authority.

16. No development shall be commenced until drainage details, including those for the car parks and 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.

17. No work shall commence on the toilet block until the works to heighten the boundary wall to Rownham Hill has been completed in accordance with the approved plans.

18. A detailed programme for the implementation of the overall restoration proposals shall be submitted to and agreed in writing by the Local Planning Authority. No work shall take place other than in accordance with the agreed programme.

19. No work shall commence on the amendments to the golf courses until details of the changes in levels and how that is to be achieved are submitted to and agreed in writing by the Local Planning Authority. The works shall be carried out in complete accordance with the agreed details.

20. The use of the car parks hereby approved shall not be commenced until details of the CCTV arrangements for monitoring each one have been submitted to and approved by the Local Planning Authority and have been installed and in operation in complete accordance with the approved details.

21. The detailed design and layout of the proposed car parks, including the positioning and angles of the car parking spaces and the location of tree planting within the car park shall be approved by the Local Planning Authority and implemented in complete accordance with the approved details prior to the commencement of the use of each car park.

22. The use of the mansion and the Beggar Bush Lane car parks shall not commence until lighting equipment has been installed and is operational in accordance with details to be submitted and approved beforehand by the Local Planning Authority.

23. The underpass between the Park and the Beggar Bush Lane car park shall only be available for public use during daylight hours and shall be locked at other times to prevent such access.

24. Facilities for the safe storage of golfers equipment shall be provided in or adjacent to the golf pavilion prior to the commencement of the use of the pavilion.

Advice Notes

1. It will be necessary to enter into agreement with the Highway Authority in order to implement the works as outlined in Conditions 10, 12, 14, 15, 16 and 17.

2. The applicants are urged to consider within their management plans for the Estate, the incorporation of features, which will provide for greater accessibility for pedestrians, cyclists and horse riders, to include use of signage, especially to identify a link over the plateau towards Tyntesfield.

3. The applicants are urged to pursue discussions with regard to the use of the Ashton Vale park and ride site during events, and the possibility of dedicated bus services from the city, during events.

4. The applicant is advised that no works shall commence until the local planning authority has been given at least seven days’ notice of the intention to start work

5. The applicant is advised that Council Officers and any consultants whose advice they consider necessary shall be given access to the property throughout the period of the works.

6. The applicant is urged to provide appropriate signage in each of the proposed car parks to identify a telephone contact in the event of an emergency.

PAR

Application No. 03/P/2068/F – Temporary consent for one year for change of use of the ground and first floor from hotel to hostel for a maximum of 15 families at The Dorville Hotel, 18 Madeira Road, Weston-super-Mare (Agenda |Item 9.3)

The Director of Development and Environment reported that this application had been withdrawn by the applicant

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URGENT ITEM: Judicial Review concerning Helicopter Museum, Weston-super-Mare (Agenda Item 10)

The Committee received a Joint Report of the Solicitor to the Council and the Director of Development and Environment

The Chairman ruled that this item be considered as an urgent item, the reason for urgency being that a decision on the matters raised in the report was required in order for the Council to defend itself in imminent High Court proceedings.

RESOLVED:

(1) that at present levels the following activities are ancillary to the primary use of the museum, namely the use of the land of the museum for:-

(i) the static and working display of helicopters, on the ground and in the air, with or without passengers who are visitors to the museum;

(ii) helicopter “air experience” flights with passengers who are visitors to the museum;

(iii) helicopter flights to and from the museum and in order to visit the museum, with or without passengers who are visitors to the museum

(2) that having regard to the decision in (1), that no enforcement action is taken at present and that the situation be monitored in the future to ensure that the activities remain ancillary to the primary use of the museum.

[Councillor Ap Rees, having declared a prejudicial interest in this item, left the meeting prior to this item being discussed]

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Chairman

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