Agenda and minutes

Development Control B Committee - Wednesday, 5th April, 2023 6.00 pm

Venue: The Council Chamber - City Hall, College Green, Bristol, BS1 5TR. View directions

Contact: Jeremy Livitt 

Link: Watch Live Webcast

Items
No. Item

48.

Welcome, Introduction and Safety Information pdf icon PDF 103 KB

Additional documents:

Minutes:

The Chair welcomed all parties to the meeitng and outlined the safety arrangements in the event of the need for emergency evacuation of the building.

49.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillor Katja Hornchen and Councillor Chris Windows.

50.

Declarations of Interest

To note any interests relevant to the consideration of items on the agenda.

 

Any declarations of interest made at the meeting which are not on the register of interests should be notified to the Monitoring Officer for inclusion.

 

 

Minutes:

Councillor Chris Jackson indicated that he was a Ward Councillor for one of the Planning Applications but retained an open mind in considering it.

51.

Minutes of the previous meeting held on 8th March 2023 pdf icon PDF 202 KB

To agree the minutes of the last meeting as a correct record.

Minutes:

RESOLVED – that the minutes of the meeting held on 8th March 2023 be confirmed as a correct record and signed by the Chair.

52.

Action Sheet pdf icon PDF 47 KB

The Committee is requested to note any outstanding actions listed on the rolling Action Sheet for DCB Committee.

Minutes:

There were no items to report from the Action Sheet.

53.

Appeals pdf icon PDF 159 KB

To note appeals lodged, imminent public inquiries and appeals awaiting decision.

Minutes:

Number 44 Marksbury Road – This application had been refused on 3 grounds at Committee. However, the Inspector found against Bristol City Council on all three grounds and since he believed that none of these had been substantiated, accepted the appellants’ request for costs. Inspectors did not provide an amount for costs during the appeal but purely indicated whether or not these were applicable. Action: Planning officers to confirm with legal officers the costs of the covenant on the land and advise the Committee

 

Number 37 Home Gardens – This application had been refused but the appellants’ request to overturn this had been unsuccessful. The Inspector agreed that there was an overbearing impact of the development on the two storey residential development but not in terms of the impact of construction and day to day traffic. Therefore, there was a partial award of costs against Bristol City Council.

 

Number 33 Merchants Arms Bell Hill – The Inspector felt that the marketing had not been extensive enough for previous applications. In making this decision, he had given weight to access which the Council now had to marketing advice which provided more tools for future cases. Therefore, costs had not been awarded in this case.

 

In response to a member’s question, officers stated that this provided a signpost for future action. Whilst a marketing exercise provided a means to retain pub use, it was possible that no interest would be shown in this even with the strong support of a community group. Whilst pubs tended to be treated as a special case, recent measures put in place by the Government eroded the ability to restrict changes from retail to other use.

 

Number 5 Land At Broom Hill/Brislington Meadows – Bristol City Council would be making a final submission to the Inspector concerning biodiversity net gain with an expected decision either at the end of this month or possibly into the following month.

 

Number 38 - 37 Maple Road, Bishopston – In response to a member’s question, Planning officers stated that their view was that a Management Plan was a means to ameliorate problems and, if satisfactorily conditioned, could not be refused on these grounds. If the construction site was difficult, applicants would always be encouraged to address this but would always be required to provide the necessary level of detail.

 

 

54.

Enforcement pdf icon PDF 72 KB

To note enforcement notices.

 

Minutes:

The Committee noted that enforcement action included an HMO.

55.

Public Forum pdf icon PDF 2 MB

Any member of the public or councillor may participate in public forum. The detailed  arrangements for so doing are set out in the Public Information Sheet at the back of this agenda. Please note that the following deadlines will apply in relation to this meeting:

 

Questions:

Written questions must be received three clear working days prior to the meeting. For this meeting, this means that your question(s) must be received at the latest by 5pm on Thursday 30th March 2023.

 

Petitions and statements:

Petitions and statements must be received by noon on the working day prior to the meeting. For this meeting, this means that your submission must be received at the latest by 12 Noon on Tuesday 4th April 2023.

 

The statement should be addressed to the Service Director, Legal Services, c/o The Democratic Services Team, City Hall, 3rd Floor Deanery Wing, College Green,

P O Box 3176, Bristol, BS3 9FS or email - democratic.services@bristol.gov.uk

 

PLEASE NOTE THAT IN ACCORDANCE WITH THE NEW STANDING ORDERS AGREED BY BRISTOL CITY COUNCIL, YOU MUST SUBMIT EITHER A STATEMENT, PETITION OR QUESTION TO ACCOMPANY YOUR REGISTER TO SPEAK.

 

In accordance with previous practice adopted for people wishing to speak at Development Control Committees, please note that you may only be allowed 1 minute subject to the number of requests received for the meeting.

 

 

Minutes:

Members of the Committee received Public Forum Statements in advance of the meeting.

 

The Statements were heard before the application they related to and were taken fully into consideration by the Committee prior to reaching a decision.

56.

Planning and Development pdf icon PDF 54 KB

To consider the following applications for Development Control Committee B -

Minutes:

The Committee considered the following applications:

56a

22/02320/F - 10 Melvin Square and 1 Illminster Avenue pdf icon PDF 5 MB

Minutes:

Planning Officers made the following points during their presentation for this report:

 

·       Details of the application were provided including views of the current site proposed development from various directions

·       A comparison was provided between the original proposed scheme and the new scheme

·       The shadowing diagram that had originally been requested had now been provided. However, they did not make any significant change to officers’ recommendations

·       In the event that the application was approved, it would require a condition due to change in the layout

·       Although this application included improvements to the scheme, officers concluded that these were still outweighed by the visual impact of the scheme

·       Officers recommended refusal on the grounds of the design impact on the surrounding area and the flats at the 2nd floor level, as well as the impact on neighbouring properties

 

In response to members’ questions, officers made the following comments:

 

·       It was noted that the building at Carpenters Place at the other end of the square had previously been approved at Committee

·       If this application was approved, a Construction Management Plan delegated to officers was recommended to limit the highway network. There was currently very little information concerning the construction phase

·       Officers had taken account of the complete merits of the scheme and felt that the revised scheme would still have an unacceptable impact

·       Due to the number of comments received and a petition, officers had considered that it should be submitted to committee for consideration

·       The height of the building would be in comparison with the roof extension

·       The site had historically been a house but the application indicated that it had been used for storage. The possibility of this usage being regularised was a factor for the Committee to consider in making its decision. Number 10 had been built as a detached property and had previously been a post office. The buildings were on the footprint of the existing property

·       The two objections to the property were from neighbours

·       Officers could not anticipate whether or not the proposed change in use from single dwelling to C3 commercial use was likely to succeed

·       In the event that the Committee was minded to approve the application, appropriate conditions would relate to highways, the materials during design and other general conditions to ensure the development complied with plans. Officers proposed that they should be given delegated authority to draw up these.

 

The Committee made the following points during the debate:

 

·       The proposed development would improve the street scene. Whilst it may not be ideal, it was better than the current building. In addition, there would be consequences if it was refused and no development was made in this area. Therefore, the Committee should support the application

·       There was strong public support for the scheme which was a significant improvement on the original since it was less overbearing and plain. Since the Carpenters building already broke the line of height of buildings, it would not set a precedent in this respect. If the scheme was  ...  view the full minutes text for item 56a

56b

22/05628/LDO - Various Sites Across the City pdf icon PDF 9 MB

Minutes:

Officers gave a presentation on this item and made the following points:

 

·       Local Development Orders allowed an LPA (Local Planning Authority) to

introduce new permitted development rights. They were subject to statutory consultation period and require formal adoption by the LPA

·       The area within the city covered by the Local Development Order was shown

·       The LDO had the following aims and objectives: (a) deliver the infrastructure to enable the distribution of low carbon energy sources (b) achieve reductions in the Council’s CO? emissions and contribute to the city’s aim of carbon neutrality by 2030 (c) align with ambitions set out in the One City Climate Strategy and the Bristol Core Strategy

·       Permitted development rights related to heating transmission and distribution system and ancillary infrastructure, above ground infrastructure, and reinstatement works within the defined order and subject to conditions

·       The scope of the LDO was clarified as follows: (a) The scope of the LDO is for a heating transmission and distribution network with ancillary infrastructure only and is required to ‘join the dots’ between the heat source and the connection to individual buildings (b) It does not give consent for heat sources that may provide heat to the network in the future (c) It does not give consent for connections from the heat network to individual buildings

·       The following restrictions on development were noted: (a) above ground infrastructure limitations, (b) trench depth/width limitations, (c) above ground pipework limitations (d) EIA development threshold, (e) limiting

above ground development within boundaries of heritage designations (f)

limiting development within boundaries of environmental designations

(g) where Article 4 directions are in place (h) development on sites identified as parks, woodland or playing fields

·       Conditions included design, biodiversity, protected species and protected sites, development within boundaries of heritage assets, completion of an environmental management plan and an assessment of high risk coal mining areas

·       Details were set out of other statutory requirements, timeframes for Local Planning Authority approval and for a monitoring and review process

·       The consultation process had lasted from 14 December 2022 to 20 January 2023 ie a 38 day consultation period, with 39 representations having been received on the order

·       There had been responses as follows: 6 in support, 26 neutral and 7 objections. Main objections raised related to Parks and green spaces, Construction phase impacts, Traffic and transport. Amendments made in response to these were: removal of development on sites identified as parks, woodlands and playing fields from the Order, addition of Condition 12, ‘High Risk Coal Mining Areas’ and the addition of requirements to the Construction Environment Management Plan

 

In response to members’ questions, officers made the following points:

 

·       The defined coal mining areas would be identified and assessed in Health and Safety terms

·       A condition on the LDO (Local Development Order) would ensure that any highway would be restored to its original condition. A trench could be dug up to 4 metres in depth and there was no requirement to go beyond this. Road would not need to be widened.  ...  view the full minutes text for item 56b

57.

Date of Next Meeting

The next meeting is currently scheduled to be held at 2pm on Wednesday 10th May 2023 in the Council Chamber, College Green, Bristol but may need to be changed if the Full Council Annual General Meeting is held before this date.

Minutes:

It was noted that the next meeting would be the DCB Committee Annual Meeting for the 2023/24 Municipal Year and would be held at 2pm on Wednesday 10th June 2023 in the Council Chamber, City Hall, College Green, Bristol.