MINUTES

OF THE MEETING OF THE

North Area Committee

Thursday 6th November 2003

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

 

Meeting Commenced:  2.30 p.m.        Meeting Concluded:      5.10   p.m.

 

PRESENT:  Councillors Glyn Duck (Chairman), Nigel Ashton, Ian Bates, Nick Brown, Alan Cotton, Peter Fisher, Jon Gething, George Morris, Michael Nobes, David Shopland, Chanel Stevens, Barry Walters

 

APOLOGIES FOR ABSENCE:  Councillors John Daws (Vice-Chairman), John Clark, John Norton-Sealey, Arthur Terry

 

ALSO IN ATTENDANCE:  Councillor Felicity Baker

 

NAC

145 

Public Speaking at Planning Committees Under Standing Order 17A

Planning Application No. 03/P/1990/F

 

On behalf of the Applicants, Tony Thatcher addressed the Area Committee in respect of an application for planning permission at Ashdown Road, Portishead.

NAC

146 

Public Speaking at Planning Committees Under Standing Order 17A

Planning Application No. 03/P/2308/F

 

Mike Buswell, Agent, addressed the Area Committee in respect of an application for planning permission at North Road, Leigh Woods.

NAC

147 

Public Speaking at Planning Committees Under Standing Order 17A

Planning Application No. 03/P/2146/F

 

John Rickard, Secretary of the Portishead Railway Action Group, addressed the Area Committee in objection to an application for the construction of a cycle and pedestrian link under the M5 at Portbury.

NAC

148 

Public Speaking at Planning Committees Under Standing Order 17A

Planning Application No. 03/P/1948/F

 

Paul Kellett, Agent, addressed the Area Committee in respect of an application for planning permission at Valley Road, Portishead.

 

NAC

149 

Public Speaking at Planning Committees Under Standing Order 17A

 Enforcement Matter

 

Jay Morgan addressed the Area Committee in respect of an enforcement matter at Cadbury Camp Lane, Tickenham.

 

NAC

150 

Suspension of Standing Orders

 

RESOLVED: that the Standing Orders be suspended to allow a further speaker to address the Area Committee.

 

 The Area Committee then proceeded with the Standing Orders suspended.

 

NAC

151 

Statements made by Members of the Public

 

Gregg van Laun spoke in opposition to a proposal in Portishead.

 

The Area Committee’s proceedings under the Standing Orders then resumed.

NAC

152 

Declarations of Interest

 

Members made the following declarations of interest:

 

Councillor Ian Bates declared a prejudicial interest as a trustee of the Springboard Opportunity Group, in an application for financial assistance that had been submitted under the Budget Bidding scheme by that organisation.  Councillor Bates stated that he would leave the meeting when the matter was discussed (Minute No. NAC 172 refers).

 

Councillor Nick Brown declared a personal interest as a member of the Portishead Railway Action Group, in planning application 03/P/2146/F (Minute No. NAC 162 refers).

NAC

153 

Minutes of the Committee Meeting held on 11th September 2003 (Agenda Item 4.1)

 

RESOLVED:   that the minutes of the meeting held on 9th October 2003 be confirmed as a correct record and signed by the Chairman.

NAC

154 

Minutes of the Site Meetings held on 22nd October 2003 (Agenda Item 4.2)

 

RESOLVED   that the minutes of the site meetings held on 22nd October 2003 be confirmed as a correct record and signed by the Chairman.

 

PART 1 – RECOMMENDATIONS TO THE PLANNING & REGULATORY COMMITTEE

 

NAC

155 

Retention of Gabion walls at ‘The Venture’ Cadbury Camp Lane (03/E/0437) Clapton-in-Gordano (Agenda Item 6.16)

 

The Director of Development and Environment submitted a report on an enforcement matter.

 

In view of any potential policy implications the Chairman exercised his right to refer the matter to the Planning & Regulatory Committee for determination.

 

RECCOMMENDED TO THE PLANNING AND REGULATORY COMMITTEE:  that enforcement action be taken.

 

PART 2 – DECISIONS OF THE AREA COMMITTEE

NAC

156 

Planning Application No. 03/P/1992/O and 03/P/1999/O Erection of up to 3531 sq metres of Class A1 Non Food retail including up to 279 sq metres of Class A3 use, car parking, highway alterations, servicing and ancillary works on land at Wyndham Way, Portishead (Agenda Item 6.1)

 

The Director of Development and Environment reported on an application for planning permission.  The Committee was advised of any comments received after the dispatch of the agenda and reports.

 

RESOLVED:  that subject to a) the application being notified to the Secretary of State under the Town and Country Planning (Shopping Direction) 1993 and as a departure from the Development Plan and b) subject to the completion of a Section 106 Agreement securing (i), acceptable access arrangements and alterations to the carriageway, footpath and cycleway within Wyndham Way, & (ii), a contribution towards the upgrading of the public realm as part of the Gateway Strategy for Portishead, Planning Application Nos. 03/P/1992/O and 03/P/1999/O be APPROVED subject to the following conditions:

 

1.       Approval of the details of the siting, design and external appearance of the building(s), the means of access thereto 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.       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.       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 buildings or completion of the development, whichever is the sooner.

5.       Trees, hedges and plants shown in the landscaping scheme to be retained or planted which, during the development works or a period of five 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.

6.       No building shall be occupied until the parking area has been constructed and the parking spaces marked out in accordance with the approved plans and shall not be used except for the parking of vehicles in connection with the development hereby approved.

7.       The buildings shall not be occupied until a means of vehicular access has been constructed in accordance with plans to be approved, in writing, by the Local Planning Authority.

8.       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.

9.       Details of secure and weather protected cycle parking areas shall be submitted to and approved by the Local Planning Authority prior to the commencement of works.  The approved facilities shall be installed and available for use prior to the occupation of the development.

10.     Deliveries to the premises shall be limited to between the hours of 0700 and 2200 Monday to Saturday and 0900 and 1200 on Sundays and Bank Holidays.

11.     Details of any air handling equipment to be installed in the premises shall be submitted to and approved in writing by the Local Planning Authority prior to its installation.

12.     Notwithstanding the provisions of the Town and Country Planning (Use classes) Order 1987, or any provisions equivalent to that class in any Statutory Instrument revoking and re-enacting that Order, the retail floorspace hereby permitted shall not be used for a primary use other than within Class A1 of the Schedule of the Town and Country Planning (Use Classes) Order 1987.  Up to 929 sq. m of the retail floorspace hereby permitted may be used for the sale and display of non-food retailing.  The remainder of the floorspace here permitted shall be restricted to the sale of non-food goods not falling within the following categories:-

                       

(a)  Fashion goods, clothing and footwear

(b)   Books stationary and greetings cards other than specialist publications related to the use of the premises

(c)    Toys

(d)   Jewellery, perfume and cosmetics

(e)    China and glassware

(f)     Musical instruments and equipment and recorded music

(g)    Chemists and opticians goods and toiletries

(h)    Sports goods

 

13.     Prior to the commencement of development design details of barriers to the car park shall be submitted to and approved in writing by the Local Planning Authority.  The approved barriers shall be installed prior to the opening of any units on the site and thereafter shall be kept locked outside the hours of trading other than for access and egress by delivery vehicles.

 14     Prior to the occupation and use of any of the units, the changes to the      highway in the vicinity of the site shall be completed to the satisfaction of the Local Planning Authority.

15.        The retail (Class A1) retail floorspace hereby permitted shall not be subdivided into units of less than 465 sq. m without the written consent of the Local Planning Authority.

16.       Details of an appraisal of the site for ground contamination shall be submitted to and approved by the Local Planning Authority prior to the commencement of development. If the appraisal reveals significant ground contamination, then it shall propose a mechanism for remediating that contamination. This mechanism shall include a detailed site investigation, and a method statement proposing measures to minimise the impact on ground and surface waters. The agreed remediation works shall be carried out prior to or concurrently with the undertaking of the development works hereby approved.

 

Advice Notes

 

The details of the off-site highway works at and in the vicinity of the development shown on the illustration plan are not acceptable and the developer is encouraged to enter into early discussions with a view to agreeing details and works.

NAC

157 

Planning Application No. 03/P/1990/F Erection of a Detached House at 16 Ashdown Road, Portishead (Agenda Item 6.2)

 

The Director of Development and Environment reported on an application for planning permission.  The Committee was advised of any comments received after the dispatch of the agenda and reports.

 

RESOLVED:   that Planning Application No. 03/P/1990/F be REFUSED for the following reasons:

 

1.      The proposed development by virtue of its scale, layout and position, will result in a built form which would be detrimental to the character and appearance of the surrounding area, contrary to Policy HOU/2 of the North Somerset Local Plan.

NAC

158 

Planning Application No. 03/P/2308/F Demolition of rear section to existing building, conversion of existing building and erection of new extension to the rear to form 18 self-contained flats at Ferncliffe, North Road, Leigh Woods (Agenda Item 6.3)

 

The Director of Development and Environment reported on an application for planning permission.  The Committee was advised of any comments received after the dispatch of the agenda and reports.

 

RESOLVED:   that consideration of the matter be DEFERRED pending a site meeting.

NAC

159 

Planning Application No. 03/P/2069/F Erection of two storey side and rear extension at ‘Wyndham’ Battery Lane, Portishead (Agenda Item 6.4)

 

The Director of Development and Environment reported on an application for planning permission.  The Committee was advised of any comments received after the dispatch of the agenda papers and reports.

 

RESOLVED:   that Planning Application No. 03/P/2069/F be REFUSED for the following reasons:

 

1.      The proposed development by virtue of its scale and form would adversely affect views into and out of the Conservation Area and would have an adverse impact on the character of the area contrary to Policies RL/6 and CON/13 of the North Somerset Local Plan

NAC

160 

Planning Application No. 03/P/2043/F Erection of two storey detached dwelling, new access and parking at 34 Copse Road, Clevedon (Agenda Item 6.5)

 

The Director of Development and Environment reported on an application for planning permission. The Committee was advised of any comments received after the dispatch of the agenda and reports.

 

RESOLVED:   that Planning Application No. 03/P/2043/F be REFUSED for the following reasons:

 

1.       The proposed development by virtue of its height, scale, layout and design, will result in a built form which would be detrimental to the character and appearance of the Conservation Area.  This would be contrary to Policies HOU/2, CON/1 and CON/13 of the North Somerset Local Plan.

2.             The proposed development, due to its close proximity to the southern boundary and rear garden of 32 Copse Road, will result in a loss of privacy, light and amenity to the detriment of the living conditions currently enjoyed by the residents of no. 32 Copse Road.  This would be contrary to Policies HOU/2 and RL/1 of the North Somerset Local Plan.

NAC

161 

Planning Application No. 03/P/1712/F Erection of a dwelling with integral garage on land at the rear of 80 Down Road, Portishead (Agenda Item 6.6)

 

The Director of Development and Environment reported on an application for planning permission.  The Committee was advised of any comments received after the dispatch of the agenda and reports.

 

RESOLVED:  that Planning Application No. 03/P/1712/F be REFUSED for the following reasons:

 

1.       The development would constitute a cramped form of development which would due to the proximity of the proposed dwelling to the rear elevation of 80 Down Road, have an adverse effect on the living conditions of the occupiers of the existing property and any future occupiers of that property by way of an overbearing impact.  The proposal is therefore contrary to Policy HOU/2 of the North Somerset Local Plan.

 

NAC

162 

Planning Application No. 03/P/2146/F Construction of cycle and pedestrian path linking Avon Road, Pill to Marsh Lane, Portbury at disused railway beneath M5 Motorway at Portbury Dock, Portbury (Agenda Item 6.7)

 

The Director of Development and Environment reported on an application for planning permission.  The Committee was advised of any comments received after the dispatch of the agenda and reports.

 

RESOLVED:   that Planning Application No. 03/P/2146/F 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.       At such time as the adjoining railway line is re-opened, the path hereby permitted shall be stopped up and all traces removed.

NAC

163 

Planning Application No. 03/P/1948/F Erection of dormer bungalow with access from Valley Court, land to the rear of 37 and 37A Valley Road, Portishead (Agenda Item 6.8)

 

The Director of Development and Environment reported on an application for planning permission.  The Committee was advised of any comments received after the dispatch of the agenda and reports.

 

RESOLVED:   that consideration of the matter be DEFERRED pending a site meeting.

NAC

164 

Planning Application No. 03/P/2483/F Erection of a single storey side extension at 15 Anchor Way, Pill (Agenda Item 6.9)

 

The Director of Development and Environment reported on an application for planning permission.  The Committee was advised of any comments received after the dispatch of the agenda and reports.

 

RESOLVED:   that Planning Application No. 03/P/2483/F 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 development hereby permitted shall be carried out in complete accordance with the approved plans and elevations received on 23rd September 2003 (unless amended plans and specifications are first submitted to and approved, in writing, by the Local Planning Authority).

3.       The external materials to be used in the building works hereby permitted shall be identical to those in the existing building.  If any other material is proposed no development shall take place until the Local Planning Authority has approved such, in writing.

4.       Notwithstanding the provisions of the Town and Country (General Permitted) development Order 1995, or any order revoking or re-enacting that Order, no additional windows shall be inserted into the south elevation of the extension hereby approved without the prior written consent of the Local Planning Authority.

NAC

165 

Planning Application No. 03/P/2240/F Erection of fencing to create a garden centre enclosure adjacent to existing retail store at Focus DIY Store, Tweed Road, Clevedon (Agenda Item 6.10)

 

The Director of Development and Environment reported on an application for planning permission.  The Committee was advised of any comments received after the dispatch of the agenda and reports.

 

RESOLVED:   that consideration of the matter be DEFERRED pending a site meeting.

NAC

166 

Planning Application No. 03/P/2465/RG3 Roofing over existing courtyard at  High Down Junior School, Down Road, Portishead (Agenda Item 6.11)

 

The Director of Development and Environment reported on an application for planning permission.  The Committee was advised of any comments received after the dispatch of the agenda and reports.

 

RESOLVED:   that Planning Application No. 03/P/2465/RG3 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 development shall commence until details of the materials 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 in complete accordance with the approved details.

NAC

167 

Planning Application No. 03/P/2287/RG3 Proposed replacement of existing steps with new galvanised steel steps at Portishead Seafront (located near the Windmill Inn, Nore Road) Portishead (Agenda Item 6.12)

 

The Director of Development and Environment reported on an application for planning permission.  The Committee was advised of any comm4ents received after the dispatch of the agenda and reports.

 

RESOLVED:   that Planning Application No. 03/P/2287/RG3 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.

NAC

168 

Phase 2 Sub Area Masterplan, The Ashlands, Portishead (03/P/2512/MP) (Agenda Item 6.13)

 

The Director of Development and Environment reported on the Area 2 Sub Area Masterplan for the Ashlands development. 

 

RESOLVED:  that the Area 2 Sub Area Masterplan be REFUSED for the following reasons:

1.            Lack of wildlife habitat within the residential layout.

2.            Inadequate informal play space within the development.

 

NAC

169 

Delegated Decisions (Agenda Item 6.14)

 

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

 

RESOLVED:   that the decisions contained in Section 3 of the report of the Director of Development and Environment dated 6th November 2003, concerning applications that had been determined by the officers under delegated authority, be noted.

NAC

170 

Planning Appeals (Agenda Item 6.15)

 

The Director of Development and Environment reported on appeal decisions received and appeals that had been lodged since the date of the last meeting.

 

Appeal Decisions

 

03/p/0975/O Development of closed premises, south view farm self livery stables, 82 Clevedon Road, Tickenham – Mr DJ Withers.  APPEAL DISMISSED.

 

Appeals Received

 

03/P/1245/F Erection of two-storey side extension, 175 Badger Rise, Portishead

The Chairman reported that an appeal in respect of a proposal on land at 36 Lodway, Pill (Planning Application No. 03/P/2456/F) had been allowed by the Planning Inspector and that costs had been awarded against the Council.   Members asked for a report into the way that the Committee had dealt with the matter.

 

In response to a query from a Member, the Director of Development and Environment’s representative confirmed that as of September this year, applicants were allowed a period of three months in which to submit an appeal against an unsuccessful determination.

NAC

171 

03/E/0080 Paint balling, clay pigeon shooting at Weston Lodge Farm, Weston-in-Gordano (Agenda Item 6.17)

 

The Director of Development and Environment reported on an enforcement matter.

 

RESOLVED:    that consideration of the matter be DEFERRED for one cycle.

 

NAC

172 

Area Committee Budget Bidding (Agenda Item 7)

 

The Area Committee considered applications submitted for financial assistance under the Budget Bidding process.

 

RESOLVED:    that consideration of the applications be DEFERRED for one cycle.

 

(Having previously declared a prejudicial interest in one of the submitted applications, Councillor Bates took no part in the discussion and did not vote).

 

 

                                                                                        ________________________________

                                                                                                                 Chairman

                                                                                        ________________________________