Agenda and draft minutes

Development Control B Committee
Wednesday, 13th July, 2016 2.00 pm

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

Contact: Allison Taylor 

Items
No. Item

1.

Election of Chair 2016/17

To elect a Chair for the Municipal Year 2016/17.

Minutes:

Nomination(s) received - Councillor Fodor

 

Councillor Fodor was elected as Chair of Development Control Committee (B) for 2016/17.

 

2.

Election of Vice-Chair 2016/17

To elect a vice-Chair for the Municipal Year 2016/17.

Minutes:

Nomination(s) received - Councillor Eddy

 

Councillor Eddy was elected as Vice Chair of Development Control Committee (B) for 2016/17

 

3.

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:

In respect of agenda item 12 (1) Councillor Denyer said she was a member of Bristol Energy Coop but confirmed that her opinion in respect of the Application remained open;

In respect of agenda items 12 (1) & 12(2) Councillor Fodor said he was a member of Bristol Energy Coop and a member of the Downs Committee but confirmed that his opinion in respect of the Applications remained open;

In respect of agenda item 12 (1) Councillor Davies said that he worked for Thangam Debbonaire (MP) but confirmed that his opinion on the Application remained open.

 

4.

Membership of the Committee 2016/17

To note the Membership of the Committee for the Municipal Year 2016/17.

Minutes:

The membership for the 2016/17 Municipal Year as detailed above was noted.

 

5.

Terms of Reference. pdf icon PDF 61 KB

To note the Committee’s terms of Reference as determined by Annual Council on 31 May 2016.

Minutes:

The Terms of reference as determined by Annual Council on 31 May 2016

were noted.

 

6.

Dates and times of meetings of the Committee 2016/17.

Minutes:

23rd August 6pm;

28th September 2pm;

9th November 6pm;

21st December 2pm;

1st February 6pm;

15th March 2pm;

26th April 6pm;

 

7.

Apologies for Absence and Substitutions.

Minutes:

Apologies were received from Councillor Khan, Councillor Quartley (substituted by Councillor Lesley Alexander who gave apologies for arriving late at the meeting) and Councillor Shah.

 

8.

Minutes of the previous meeting

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

Additional documents:

Minutes:

The Minutes of the Development Control Committee B meeting on the 27 April 2016 were approved as a correct record and signed by the Chair. 

 

9.

Appeals pdf icon PDF 43 KB

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

Minutes:

The Committee considered a report of the Service Director, Planning noting appeals lodged, imminent public inquiries and appeals awaiting decision.

 

Item no. 20: 420 Stapleton Road, digital advertising appeal against refusal - the Committee was advised that a decision on this was currently pending.

 

10.

Enforcement pdf icon PDF 8 KB

To note enforcement notices.

Minutes:

The Committee was advised there were no updates for this meeting.

 

11.

Public Forum pdf icon PDF 95 KB

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 6th July 2016.

 

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 12.00 noon on 12th July 2016.

 

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

 

Minutes:

Statements

 

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. (A copy of the public forum statements are held on public record in the Minute Book).

 

 

 

Questions

 

The Commission received and noted questions and officer responses in relation to agenda item 12 (1) 16/00719/F – Avonbank Feeder Road, Bristol BS2 0TH (A copy of the questions and answers are held on public record in the Minute Book).

 

            Supplementary questions

 

1.         Asked for clarification of ‘significant’ in respect of Air Quality assessments?

 

Response – key to the assessment was that air pollutants did not exceed the recognised pollution objectives.

 

            2.         Asked if Condition relating to hours of operation could be changed?

 

Response – Amended Condition restricted hours from 7.30 am to 2.30 pm and no more than 200 hours a year. Any extension to these hours would require a further planning application to extend and a further air quality assessment.

 

3.         Asked if air quality decision could be reviewed as stated evidence was deemed poor and could be challenged in the light of new information?

 

Response – the current report provided adequate information for the Committee to make a decision on the Application before it. It was considered that officers could not respond to the new information at this time.

 

12.

Planning and Development pdf icon PDF 1 MB

Report of the Service Director Planning.

 

To consider the following applications for Development Control Committee B:

 

1.      16/00719/F – Avonbank Feeder Road, BS2 0TH;  Lawrence Hill Ward

2.      16/01266/F – Land Between Ladies Mile and Clifton Down, Bridge Valley Road, BS8; Stoke Bishop Ward

3.      16/01311/F – Scout Hut, Goolden Street, BS4 3BB; Windmill Hill Ward

4.      16/00013/F – 127-131 Raleigh Road, BS3 1QU; Southville Ward

5.      15/06483/F – Land On West Side of 95 Jacob Street; Lawrence Hill Ward

6.      16/00665/F – Land Adjacent to 81 Hallen Road, BS10 7RA; Henbury and Brentry Ward

Minutes:

The Committee considered the following reports of the Service Director, Planning -

 

1.         16/00719/F – Avonbank Feeder Road, Bristol BS2 0TH;proposed installation of low carbon, bio-diesel powered generators; Lawrence Hill Ward

(Councillor Alexander took no part in the debate or decision on this item)

 

The Committee noted that planning consent had been sought for the installation of 48 bio diesel powered generators and associated infrastructure to link into the National Grid at times of high demand, participating in the National Grid's Short Term Operating Reserve (STOR) programme, to assist in energy supply during unexpected period of high demand for electricity or where there were constraints on electricity available in England and Wales.

 

Comments on the Application had come from across the city and in summary were as follows –

 

1. The emissions from the generators would worsen air quality in the area to the detriment of public health, with particular concern for St Phillip's Nursery and residential areas such as Barton Hill and the Paintworks;

2. The development was within the Air Quality Management Area where pollutant limits were already exceeded;

3. The development would result in noise pollution to the detriment of amenity and in particular St Phillip's Nursery which the application had not taken into account;

4. The proposal was not a sustainable energy solution and undermined the city's Green Capital status;

5. The use of bio fuel had a large environmental impact and concerns had been expressed about how it would be resourced. Some felt that the environmental credentials of the applicants as a result were a cause for concern;

6. There was a risk that the development would set a precedent for similar development in future if approved.

 

Having regard to the comments made during the public forum session and the information presented by the case planning officer’s report, and amendment sheet, the Committee debated the application and arising from this the following points were made/clarified –

 

1.     An Air Quality Assessment had been made regarding the impact to air quality caused by the development proposal noting in particular the limited hours of operation of no more than 200 hours per annum;

2.     Pollution filters had been considered but were deemed unnecessary because anticipated pollution levels would not breach the air quality short term health based objectives;

3.     Pollution levels would be monitored for two years and reviewed if any breaches had occurred;

4.     The issue of whether the sourcing of bio fuel was a planning consideration had been defined by the Secretary of State in relation to the W4B public inquiry and focussed only on the type of fuel used and not geographical origin, this meant that the planning permission could not include a Condition seeking to define the geographical sources of bio fuel;

5.     An Environmental Impact Assessment had not been done as the development proposals fell below the threshold set by the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (as amended). In addition the site did  ...  view the full minutes text for item 12.

13.

Additional Information relating to Agenda Item No. 12 pdf icon PDF 28 MB