Agenda and minutes

Please note that following changes to SO17A, public speaking about applications for planning permission will be at the start of relevant agenda items rather than at the start of the meeting.  Time limits and notification deadlines remain unchanged, as set out below.

To receive and hear any person who wishes to address the Committee. The Chairperson will select the order of the matters to be heard. Each speaker will be limited to a period of five minutes for public participation on non-planning matters (up to a maximum of 30 minutes) and three minutes for the applicant/supporters and three minutes for objectors on a planning application (up to a maximum of 30 minutes).

If there is more than one person wishing to object to an application, the Chairperson will invite those persons to agree a spokesperson among themselves. In default of agreement the Chairperson may select one person to speak.

Requests to speak must be submitted in writing to the Assistant Director Legal and Governance and Monitoring Officer, or to the officer mentioned at the top of this agenda letter, by noon on the day before the meeting and the request must detail the subject matter of the address.

Please ensure that any submissions meet the required time limits and can be read out in five minutes for public participation on non-planning matters (up to a maximum of 30 minutes) and three minutes for applicant/supporter statements and three minutes for objector statements on a planning application (up to a maximum of 30 minutes). Members of the public are advised that 400 words at normal speaking speed equate to a three minute statement.

Two requests to speak had been received under Standing Order 17A and the speakers would be invited to address the committee immediately prior to the consideration of the application in question (agenda item 6).

A Member must declare any disclosable pecuniary interest where it relates to any matter being considered at the meeting. A declaration of a disclosable pecuniary interest should indicate the interest and the agenda item to which it relates. A Member is not permitted to participate in this agenda item by law and should immediately leave the meeting before the start of any debate.

If the Member leaves the meeting in respect of a declaration, he or she should ensure that the Chairperson is aware of this before he or she leaves to enable their exit from the meeting to be recorded in the minutes in accordance with Standing Order 37.

None.

20 September 2023 to approve as a correct record (attached)

It was noted that PAR30 was amended to include the site address.

Resolved: that the minutes as amended be approved as correct record.

None.

Section 1 report of the Director of Place Directorate (attached)

At the invitation of the Chairperson, Cem Kosaner, Agent, addressed the committee speaking in favour of the application.

At the invitation of the Chairperson, Amie Price-Bates, objector, addressed the committee speaking in opposition of the application.

The Director of Place Directorate’s representative presented the report.

At the invitation of the Chairperson, the ward member, Councillor Dan Thomas, addressed the Committee.

Following debate, it was considered that the application be refused for the reasons set out below.

As the resolution was contrary to the officer recommendation the application was to be held over to a future meeting for the decision to be made.

1. The development would add significantly to North Somerset’s carbon emissions, contrary to the Council’s core principle of addressing the challenge of Climate Change. It would only provide for the minimum requirement for renewable energy. The site is in an unsustainable location with inadequate bus services, no places for children in local schools and no doctor’s surgery in the village with no scheduled bus service between Congresbury and the surgery in Langford contrary and the proposed development is contrary to policies CS1, CS2 and CS10 of the North Somerset Core Strategy 2017 and policy DM24 of the Sites and Policies Plan Part: Development Management policies 2016. The adverse impacts of the development significantly outweigh the benefits of the development contrary to paragraph 11 of the National Planning Policy Framework.

2. The proposed development would do clear and demonstrable harm to the both the natural environment and wildlife, the landscape, and the character of the neighbourhood. The site is situated on an elevated field above the Yeo Valley. The position, scale and extent of the proposed development would have a significant urbanising effect on its rural location beyond the settlement boundary. There would be potential adverse effects on wildlife, including the bat population which is already under threat from other developments and the proposed mitigation measures are not sufficient to reduce the harm and the proposed development is contrary to policies CS4, CS5 and CS14 of the North Somerset Core Strategy 2017 and policies DM32 and DM36 of the Sites and Policies Plan Part: Development Management policies 2016. The adverse impacts of the development significantly outweigh the benefits of the development contrary to paragraph 11 of the National Planning Policy Framework.

Report of the Assistant Director Legal & Governance and Monitoring Officer

The Director of Corporate Services representative drew members’ attention to the report from the Assistant Director of Legal & Governance and Monitoring Officer which included advice received on the merits of the application from the independent barrister engaged by the council.

At the invitation of the Chairman, the ward member, Mike Bird, spoke on the application.

Resolved: that the application be refused as per the officer’s recommendation for the following reasons:

a)         A trigger event has occurred under Schedule 1A to the Commons Registration Act 2006 so that section 15C of the Commons Registration Act 2006 applies meaning that the Applicant is not entitled to make the application and it should, therefore, be rejected.

b)         If not rejected, the application should be refused because use of the land by local inhabitants has been “by right” and is, therefore, incapable of meeting the statutory requirement under section 15(2) of the Commons Registration Act 2006 that the use must be “as of right”.

Section 3 report of the Director of Place Directorate

The Director of Place Directorate’s representative reported on appeal decisions and appeals that had been lodged since the date of the last meeting. 

Resolved: that the report be noted.

Officers to consider whether a link to the planning application could be included in the P&R report

For a matter to be considered as an urgent item, the following question must be addressed: “What harm to the public interest would flow from leaving it until the next meeting?” If harm can be demonstrated, then it is open to the Chairperson to rule that it be considered as urgent. Otherwise the matter cannot be considered urgent within the statutory provisions.

None.