MINUTES

OF THE MEETING OF THE

WEST AREA Committee

Thursday 23rd October 2003

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

Meeting Commenced: 6.00 p.m. Meeting Concluded: 7.16 p.m .

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

APOLOGIES FOR ABSENCE: Councillor Michael Roe

WAC 117

Public Speaking at Planning Committees under Standing Order 17A – Application No. 03/P/1895/F (Agenda Item 1)

Mr. Puffitt addressed the Committee and spoke against the application.

The Chairman thanked Mr. Puffitt for his comments.

WAC 118

Public Speaking at Planning Committees under Standing Order 17A – Application No. 03/P/1895/F (Agenda Item 1)

Mr. Saunders addressed the Committee and spoke in favour of the application.

The Chairman thanked Mr. Saunders for his address.

WAC 119

Public Speaking at Planning Committees under Standing Order 17A – Application No. 03/P/2074/F (Agenda Item 1)

Mr. Sleeman addressed the Committee and spoke against the application.

The Chairman thanked Mr. Sleeman for his address.

WAC 120

Declarations of Interest by Members (Agenda Item 3)

Councillor Ian Parker declared a personal interest in Agenda Item 8, Budget Bidding – he is a patron of 290 Squadron Air Training Corps.

Councillor Mari Owen declared a non-prejudicial interest in Agenda Item 8, Budget Bidding – she is a member of the St. John’s Football Club Committee.

Councillor Bob Bateman declared a non-prejudicial personal interest in Planning Application No. 03/P/2454/F – the applicant is a friend.

Councillor Peter Bryant declared an interest in Agenda Item 8 – he is a member of the Civilian Committee to 290 Squadron Air Training Corps.

Councillor Mark Canniford declared a prejudicial interest in Planning Application No. 03/P/1967/F - friend of the owner.

Councillor John Crockford-Hawley declared a prejudicial interest in Planning Application No. 03/P/1937/F – he made the following statement:

“I have expressed a view on this planning application via an internal memorandum which could be interpreted as being prejudicial to the application insofar as my comments were expressed before the commencement of this meeting and whilst I believe that I am still capable of conducting discussion in a fair and open manner it nevertheless could be interpreted by any so minded that such action renders me biased and following legal advice I have decided to vacate the chair and the chamber for the duration of the application’s discussion.”

WAC 121

Minutes of the Meeting held on 25th September 2003

RESOLVED: that subject to it being noted that Councillor Parker had declared an interest in Minute Number WAC 105, left the room prior to its discussion at 6.27 p.m. and returned at 6.48 p.m. following determination of the matter, the minutes of the meeting be approved as a correct record and signed by the Chairman.

PART 1 – RECOMMENDATIONS TO THE PLANNING AND REGULATORY COMMITTEE

None.

PART 2 – DECISIONS OF THE AREA COMMITTEE

WAC 122

Application No. 01/P/2301/F – Residential development of 36 dwellings and access road and public open space on land at the Cornfields, Ebdon Grounds, Wick St. Lawrence (Agenda Item 6.1)

The representative of 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 to all seven affordable housing units being provided on site as part of the development, to be secured as part of the Section 106 Legal Agreement pertaining to the development.

It was further

RECOMMENDED: that the affordable housing should be dispersed around the development.

WAC 123

Application No. 03/P/2480/F – Erection of two three-storey office blocks, 2 four-storey buildings with central atrium and one three-storey building for D1 use with associated parking facilities at land adjacent to Sunnyside Road North and Station Approach, Weston-super-Mare (Agenda Item 6.2)

The representative of 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 the receipt of satisfactory amended plans and the resolution of any new planning issues raised by consultees, 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. Buildings 1 and 2 (as identified on the attached plan) shall be used for the purpose of Class B1 offices and for no other purpose (including any other purpose in Class B1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order).

3. Buildings 3, 4 and 5 (as identified on the attached plan) shall be used for the purpose of Class B1 offices or for educational facilities for use by Weston College only. The said buildings shall be used for no other purpose (including any other purpose in Classes B1 or D1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order).

4. The use of buildings 3, 4 or 5 by Weston College shall not commence until buildings 1 and 2 have been constructed and are available for office use.

5. Notwithstanding the submitted specifications, no building shall be erected until reference panels showing all external materials to be used for that building have been erected on site and approved, in writing, by the Local Planning Authority. The approved reference panels shall be retained on site during the course of the development and shall not be removed until agreed by the Local Planning Authority. The external materials to be used in the buildings shall be in strict accordance with the approved reference panels. No other material shall be used unless it has first been approved in writing by the Local Planning Authority.

6. Notwithstanding the submitted specifications, no hardsurfacing materials shall be laid until reference panels have been provided on site and approved, in writing, by the Local Planning Authority. The approved reference panels shall be retained on site during the course of the development and shall not be removed until agreed by the Local Planning Authority. The hardsurfacing materials to be used in the development shall be in strict accordance with the approved reference panels. No other material shall be used unless it has first been approved in writing by the Local Planning Authority.

7. Notwithstanding the submitted specifications, no boundary walls, railings, gates, gate piers or other means of enclosure shall be erected on site until reference panels have been provided on site and approved, in writing, by the Local Planning Authority. The approved reference panels shall be retained on site during the course of the development and shall not be removed until agreed by the Local Planning Authority. The boundary treatments to be used in the development shall be in strict accordance with the approved reference panels. No other boundary treatment shall be used unless it has first been approved in writing by the Local Planning Authority.

8. No development shall be commenced until details of finished floor and external ground levels have been submitted to and approved by the Local Planning Authority. Notwithstanding the submitted plans and specifications, the details submitted shall include raising the ground level at the south eastern corner of the site. The development shall be constructed in accordance with the approved levels.

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

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

11. 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.

12. No development shall be commenced until full details and specifications of all new roads and footpaths, including the resurfacing of Station Approach and the paving of the footpaths either side of this road and the footpaths shown to be paved on the annotated site plan (drawing number 03054/16/C), have been submitted to and approved in writing by the Local Planning Authority. The said roads/footpaths shall be surfaced/constructed in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

13. No building shall be brought into use until a Travel Plan has been submitted to and approved by the Local Planning Authority. The said Plan shall be implemented in accordance with the approved details.

14. The buildings hereby permitted shall not be brought into use until all existing fencing has been removed from the perimeter of the site and replacement boundary treatments have been erected in accordance with the approved plans and plans to be submitted to and approved in writing by the Local Planning Authority in respect of the entrance piers/gates to buildings 2 - 5 inclusive, the entrance canopy feature on the north elevation, the sub-station enclosure and all boundaries abutting Hildesheim Bridge, and in accordance with the approved reference panels referred to in condition 7 above . Notwithstanding the provisions of the Town and Country Planning (General Permitted) Development Order 1995 or any Order revoking and re-enacting that Order, the replacement boundary treatments shall not be altered, nor shall any additional means of enclosure be constructed on any boundaries of the site, or elsewhere within the site, without the prior written permission of the Local Planning Authority.

15. Within two months of the commencement of the development hereby permitted, details shall be submitted to the Local Planning Authority for its approval outlining the proposed process for the selection and commissioning of a piece of public art on site. The said public art shall be procured in accordance with the agreed process and erected on site in accordance with details to be agreed by the Local Planning Authority. The said details shall include the siting and design of the public art and timescales for erecting it on site. The public art shall not be altered or removed from the site without the prior written permission of the Local Planning Authority.

16. No building shall be occupied until two bus stops (one with a shelter) and, if practicable, associated crossing facilities have been provided at the northern end of Drove Road in accordance with details to be submitted to and approved by the Local Planning Authority.

17. No building shall be occupied until pedestrian access has been provided onto Hildesheim Bridge from the site in accordance with plans and specifications (including structural calculations that demonstrate no adverse impact on the structure of the bridge) to be submitted to and approved in writing by the Local Planning Authority.

18. The pedestrian access referred to in condition 18 above shall not be constructed until the results of a safety audit covering the design and use of the said access have been submitted to and approved by the Local Planning Authority. Any recommendations made in the safety audit shall be carried out in accordance with details to be submitted to and approved by the Local Planning Authority prior to the access being brought into use in accordance with condition 18.

19. No building shall be occupied until its associated parking area has been constructed in accordance with the approved plans. The said parking areas shall not be altered nor shall they be used except for the parking of vehicles in connection with the building to which they relate without the prior written permission of the Local Planning Authority.

20. Details of the proposed number and design of covered cycle parking facilities shall be submitted to and agreed in writing by the Local Planning Authority before development commences and the cycle parking facilities shall be provided on site in accordance with the approved details prior to the occupation of the associated buildings.

21. No external means of illumination shall be used on site unless full details and specifications of the lighting have first been approved in writing by the Local Planning Authority.

22. No development shall commence until a supplementary land contamination report has been submitted to and approved by the Local Planning Authority and any recommendations contained in that report for disposal or treatment of contaminants have been carried out in accordance with the agreed scheme.

23. No development shall be commenced until drainage details have been submitted to and approved by the Local Planning Authority. The drainage details shall be carried out as approved.

24. Works to construct buildings 3 and 4 shall not be commenced until detailed working drawings of the main entrance atrium, doors, canopy and any integrated signage, together with details of the tensile canopies over the rear entrance to buildings 3 and 4 and within the courtyard to the rear have been submitted to and approved in writing by the Local Planning Authority. The said atrium, and canopies shall be completed in accordance with the approved details and the approved reference panels referred to in condition 7 above prior to buildings 3 and 4 being brought into use.

25. Works to construct the sub-station building and adjoining covered cycle parking facilities shall not be commenced until detailed working drawings of the said building/facilities have been submitted to and approved in writing by the Local Planning Authority. The said building/facilities shall be completed in accordance with the approved details and the approved reference panels referred to in condition 7 above, and in accordance with the timescales set out in conditions 15 and 20 of this permission.

26. Works to construct the car park to the front of building 3 shall not be commenced until amended plans and specifications have been submitted to and approved in writing by the Local Planning Authority detailing a paved crossing point linking the ramped access to pedestrian paths to the north and providing a 'pinch point' separating this parking area from that in front of building 4. The said parking area shall be constructed in accordance with the approved amended plans and specifications and in accordance with the approved reference panels referred to in condition 7 above the timescales set out in condition 20 of this permission.

Advice notes

1. You are advised that this decision is based on the plans/documents listed in the attached schedule.

2. You are advised to contact Wessex Water at an early stage with regards to the proposal to divert the foul sewer on site. (Tel: 01225 526000)

3. You are advised to contact Network Rail at an early stage regarding compliance with the conveyance dated 30 March 1972 which required the approval by the rail company of any proposed development within 20 metres of its land (contact Roy Mealing, Tel 01793 515741).

4. The Environment Agency recommends that in view of the risk from flooding, as a precautionary measure, finished floor levels should be raised 600mm above existing ground levels. This advice will be taken into account when assessing the details submitted in compliance with condition 9 of this permission.

5. The Environment Agency recommends that the developer investigates the use of Sustainable Drainage Systems (SuDS) for surface water drainage of this site, in order to reduce the rate of run-off and to reduce pollution risks. These techniques involve controlling the sources of increased surface water, and include:

· Interception and re-use

· Porous paving/surfaces

· Infiltration techniques

· Detention/attenuation

6. You are advised to contact Bristol Water at an early stage regarding proposals affecting the 100mm main on site. Please contact Geoff Beale on tel: 0117 934 1074.

7. This development includes works that will be offered for adoption as public highways. The developers' attention is drawn to the need for a section 38 Agreement under the Highway Act 1980 and that the said works should not be carried out prior to the Agreement being in place.

WAC 124

Application No. 03/P/2232/F – Change of use of part of building from disused postal sorting office to gymnastic and exercise centre at Old Royal Mail Sorting Office, off Langford Road, Weston-super-Mare (Agenda Item 6.3)

The representative of 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 building shall only be used for gymnastics, dance and health and fitness orientated classes, and shall not be used for any or purposes, including other uses that fall within the scope of a Category ‘D2’ (Assembly and Leisure) Use as defined under the Town and Country Planning (Use Classes) Order 1987,or any Order revoking and re-enacting that Order.

3. Details of any sound or music systems to be used in connection with the type of classes hereby approved, shall be submitted to and approved by the Local Planning Authority, before such systems are brought into use. There shall be no changes to the sound or music systems that are to be approved and no new systems installed, without the prior consent of the Local Planning Authority.

4. All external windows and doors on the south facing elevation of the building shall be kept closed whilst sound or music systems are being used in conjunction with classes.

5. Sound or Music produced from systems to be installed shall be inaudible from the boundary of the nearest residential property.

6. The use hereby granted shall not take place outside 09:00 Hours to 22:00 Hours Mondays to Fridays and 09:00 Hours to 18:00 Hours on Weekends.

7. The car parking spaces identified on the approved site location plan dated 22 August 2003, shall be made available for and retained for car parking in conjunction with the use hereby granted at all times.

8. The building shall not be brought into use until measures to improve the security and lighting or the customer car park and front of the building have been submitted to and approved by the Local Planning Authority and the approved details have been installed and are fully operational.

WAC 125

Application No. 03/P/1895/F – Demolition of existing house to be replaced with a three storey building containing six two-bedroom flats at 23C Cecil Road, Weston-super-Mare (Agenda Item 6.4)

The representative of 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 REFUSED for the following reason:-

1. The scale and immediate proximity of the building to 23B Cecil Road would have a harmful effect on the immediate outlook from this property to the detriment of its occupants. The proposal is therefore contrary to Policy HOU/2 of the North Somerset Local Plan.

6.35 P.M. – COUNCILLOR CROCKFORD-HAWLEY (CHAIRMAN) HAVING PREVIOUSLY DECLARED A PREJUDICIAL INTEREST LEFT THE MEETING

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COUNCILLOR MRS. KRAFT (VICE-CHAIRMAN) IN THE CHAIR

WAC 126

Application No. 03/P/1937/F – Alterations to roof space to create additional flat including 2 rear dormers at 59 Severn Road, Weston-super-Mare (Agenda Item 6.5)

The representative of the Director of Development and Environment presented the report.

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

1. The proposal represents an over-intensive use of the site harmful to the character of the area contrary to Policy HOU/15 of the North Somerset Local Plan.

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6.46 P.M. – COUNCILLOR CROCKFORD-HAWLEY RETURNED TO THE MEETING

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COUNCILLOR CROCKFORD-HAWLEY IN THE CHAIR

WAC 127

Application No. 03/P/1976/F – Change of use of single dwellinghouse into three self-contained flats at 59 Clevedon Road, Weston-super-Mare (Agenda Item 6.6)

The representative of the Director of Development and Environment presented the report.

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

1. The proposal represents an over-intensive use of the site harmful to the character of the area contrary to Policy HOU/15 of the North Somerset Local Plan.

WAC 128

Application No. 03/P/1967/F – Construction of an extension at Chase Lodge, 4 Grove Park Road, Weston-super-Mare (Agenda Item 6.7)

The representative of the Director of Development and Environment presented the report.

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

The proposal by virtue of its scale would close the space between the buildings which would be harmful to the character and appearance of the Conservation Area contrary to Policy CON/1 and CON/13 of the North Somerset Local Plan.

Councillor Canniford having previously declared a prejudicial interest did not speak or vote on the matter.

WAC 129

Application No. 03/P/2074/F – Erection of a single storey side extension at 37 Kelston Road, Weston-super-Mare (Agenda Item 6.8)

The representative of 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 REFUSED for the following reason:-

The proposal represents an overdevelopment of the site which would have an adverse effect on the living conditions of the adjoining property by reason of its overbearing effect contrary to Policy RL/6 of the North Somerset Local Plan.

WAC 130

Application No. 03/P/2288/RG3 – Proposed internal alterations and new windows at Masefield House, Chaucer Road, Weston-super-Mare (Agenda Item 6.9)

The representative of 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 following condition:-

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

WAC 131

Application No. 03/P/2300/F – Proposed replacement of existing windows with white upvc windows at Hillsborough House, Selworthy Road, Weston-super-Mare (Agenda Item 6.10)

The representative of 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 following condition:-

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

WAC 132

Application No. 03/P/2454/F – Erection of single storey rear extension at 71 Langford Road, Weston-super-Mare (Agenda Item 6.11)

The representative of 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. 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 shall be inserted in the north elevation of the extension without the prior written consent of the Local Planning Authority.

WAC 133

Application No. 01/0024/E – Unauthorised erection of an amateur radio aerial array at 25 Woodspring Avenue, Weston-super-Mare (Agenda Item 6.12)

The representative of 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 ENFORCEMENT ACTIONS, including any court action if applicable, be taken to remedy the breach of planning control subject to consultation between the Director of Development and Environment and the Solicitor to the Council.

WAC 134

Explanation of Planning Application Numbers

RESOLVED: that the paper be noted.

WAC 135

Applications determined by the Officers (Agenda Item 6.14)

RESOLVED: that the decisions contained in Section 3 of the report of the Director of Development and Environment for the period 10/09/03 to 7/10/03 detailing the applications dealt with by the officers under delegated authority be noted.

WAC 136

Planning Appeals (Agenda Item 6.15)

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

(a) Planning Appeal Decisions

None.

(b) Planning Appeals received since the last Committee

03/P/1389/F – Erection of three storey rear extension to provide three self-contained flats and detached double garage, 5 Albert Quadrant, Weston-super-Mare – Mr. W. Harrison.

03/P/1321/O – Erection of a dwelling and alterations to boundary wall to create access, Tanglewood, Bristol Road Lower, Weston-super-Mare – Mr. R. Burrows.

WAC 137

Application No. 03/P/1892/F – Erection of 12 flats, parking and landscaping at land adjoining Walford Avenue/Jesmond Road, Brimbleworth Farm, St. Georges (Agenda Item 6.16)

The representative of 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.

Officers advised members that this application had been reported to the South Area Committee for decision

RESOLVED: that the report be noted.

WAC 138

Certificate of Lawfulness for an Existing Use of land at Hutton Moor Lane, Weston-super-Mare for use as defence/aviation electronics system research and development facility with ancillary storage, office, workshop space, hardstanding, car parking and open land (Application No. 03/P/2135/LUE) (Agenda Item 7)

The representative of the Solicitor to the Council presented a report.

RESOLVED: that a Certificate of Lawfulness for an existing use of land at Hutton Moor Lane, Weston-super-Mare for use as defence/aviation electronics system research and development facility with ancillary storage, office, workshop space, hardstanding, car parking and open land (as described in the submitted application and plans), being use in accordance with Class B1(b) Town and Country Planning (Use Classes) Order 1987, be GRANTED on the ground that the use is immune from enforcement as the land was Crown land when the development took place.

WAC 139

Area Committees – Budget Bidding (Agenda Item 8)

The Committee received a report from the Funding Advisory Service presenting 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 £1,000 be APPROVED.

(2) that the bid in respect of Woodspring Association for Blind People in the sum of £2,000 be APPROVED.

(3) that the bid in respect of 290 Squadron Air Training Corps in the sum of £1,000 be APPROVED.

(4) that the bid in respect of Weston St Johns’s Junior Football Club in the sum of £1,000 be APPROVED.

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Chairman

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