Agenda and minutes

Councillor Sultan Khan welcomed all parties to the meeting and explained arrangements for emergency access in the event of a fire.

Apologies for Absence have been received from Councillor Tom Brook and Councillor Harriet Bradley. Councillor Donald Alexander will substitute for one of these two Councillors (details to be confirmed in due course).

Apologies have also been received from Councillor Harriet Clough (Councillor Mark Wright substituting).

The following apologies and substitution were noted:

•          Councillor Harriet Clough (Mark Wright substituting)

•          Councillor Tom Brook (Donald Alexander substituting)

•          Councillor Harriet Bradley (Margaret Hickman substituting)

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.

Councillor Fi Hance declared an interest in Agenda Item 8 (a) Planning Application Number 18/05206/A -Stoke Lodge Playing Field, Shirehampton as her daughter attended Cotham School.

To agree the minutes of the last meeting held on 7^th November 2018 as a correct record.

The Committee noted Public Forum Statement Number 87 (Richard Walker) which requested that the following additional paragraph is added to the minutes of the above meeting:

“In response to suggestion that the application should be rejected, the advice given by Garry Collins (Head of Development Management) was that a planning policy reason would need to be given by Members of the Committee. Public safety was the reason then proposed by Cllr. Fabian Breckels. This prompted further advice from Garry Collins, that this (public safety) was not a valid planning policy reason for rejection of the application.”

The Committee agreed not to include this proposed additional comment.

Resolved:  that the minutes of the meeting held on 7th November 2018 are approved as a correct record with the following additional amendments:

•          The word “refuge” on Page 6 to be altered to read “refuse”

•          The word “ally-gating” on Page 6 to be altered to read “alley-gating”

•          The words “of parked” on Page 10 to be altered to read “of oncoming” and the word “expenses” to be altered to read “expensive”

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

The Head of Development Management gave an overview of the appeals in progress drawing attention to:

•          Item 35 – Land Adjacent to Karakal, Penpole Lane, Bristol – The Service Manager (Development Management) stated that he would confirm with the ward members whether or not this appeal had been withdrawn

•          Items 60 and 61 (Mortimer House Nursing Home, Clifton Down, Bristol) – There had been an appeal against the Committee’s decision to refuse the application contrary to officers’ recommendations. This appeal had been allowed in November 2018 by the Inspector who had given weight to the issues of listed building status and the removal of parking at the front but felt that the parking at the rear would have a modest impact on the site. The Inspector did not agree with either reason for refusal as they felt it was unlikely that any additional parking would have a negative impact. However, costs were not awarded in this case

To note enforcement notices.

It was noted that there had been 4 Enforcement Notices served since the last Committee Meeting.

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 13^th December 2018.

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 12pm on Tuesday 18^th December 2018.

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

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

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

To consider the following applications for Development Control Committee B -

The planning committee considered the following Planning Applications:

a Planning Application 18/05206/A – Stoke Lodge Playing Field, Shirehampton

Following her previous Declaration of Interest (Minute Number 3 above), Councillor Fi Hance did not participate or vote on this item.

The Head of Development Management and his representative presented this item and made the following comments:

•          There were a large number of historic issues that had affected this site. However, the scope of the Committee in respect of this application was limited

•          He explained that the Committee could not consider the following issues in determining this application:

            The nature of the lease

            The use and access of the playing field

            The designation of the site as open space

            The impact on trees

            The retrospective nature of the application

•          Planning Guidance indicated that what the sign says is not material to this application

•          This was a retrospective application

•          Images of the sign were shown

•          An aerial photo of the site was provided

•          The location plan that was submitted with the application, was shown

•          The report explained the outcome of the consultation exercise, as well as the issues of amenity and public safety

•          The distance of the sign from the highway was indicated

•          The report concluded that the application was acceptable and that, therefore, it was recommended for approval

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

•          The reference in the report to any refusal based on the application being detrimental to amenity related to the powers that the Local Planning Authority could exercise. These related to the control of the nature of the advert (for example, distracting traffic), as opposed to the wording of the sign

•          The issue of the fencing was not relevant to the Planning Authority since the fence benefited from permitted development rights.

•          The Committee noted the history of this site concerning the curtilage, namely that despite officers’ original view that the field was within the curtilage of the listed Stoke Lodge, the matter had subsequently been referred to Counsel for advice and this advice was  the playing field was not within the curtilage of the listed building

•          Officers did not agree with the assertion that the wording of the sign affected the amenity of a site. Officers considered the size, scale , appearance and colouring of the sign, not the content or the form of words

•          The third paragraph of the report set out the definition of an advertisement which officers believed fitted the application. Certain types of advert were classified as having deemed consent under the Regulations (ie. permission not required), assessed by different sizes, classes and functions and the three signs had been tested against these classifications. Since the deemed consent provisions in the regulations meant that two signs could be displayed in relation to schools,  the school had made an application for the third sign. Despite the objections that were received, the application was considered  ...  view the full minutes text for item 163.

The next meeting of Development Control (B) Committee is scheduled for 6pm on Wednesday 30^th January 2019 in the Council Chamber, City Hall, College Green, Bristol

The Committee noted that the next meeting was scheduled for 6pm on Wednesday 30th January 2019 in the Council Chamber, City Hall, College Green, Bristol.