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.

Seven 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.

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.

11 October 2023 to approve as a correct record (attached)

Resolved: that the minutes be approved as correct record.

None.

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 resolved that the application beREFUSED contrary to recommendation for the following reasons:

1. The site occupies an elevated position on the edge of the village and the position, scale and extent of the proposed development would have a significant urbanising effect on its rural location, adversely affect the landscape setting of the village and harm the recreational enjoyment of the public footpaths across and adjoining the site contrary to policy CS5 of the North Somerset Core Strategy 2017 and policies DM10 and DM25 of the North Somerset Sites and Policies Plan Part1 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 nature and scale of development on land which is within the setting of the  designated heritage asset would cause less than substantial harm to the setting of the designated asset by further eroding the relationship of the grade 2 listed Park Farmhouse from the previously associated farmland contrary to policy CS5 of the North Somerset Core Strategy 2017,  policy DM4 of the North Somerset Sites and Policies Plan Part1 Development Management Policies 2016 and paragraphs 199 and 202 of the National Planning Policy Framework.

3. The proposed development would not enhance the overall sustainability of the settlement and substantially exceeds the threshold which defines the appropriate scale of development deemed to be sustainable on the edge of service villages and in the case of Congresbury has inadequate local infrastructure in terms of primary school places and doctors’ surgery to serve the scale of development proposed  contrary to policies CS14 and CS32 of the North Somerset Core Strategy, policy H1 of the Congresbury Neighbourhood Development Plan 2019-2036.

4. The application has failed to make satisfactory provision for mitigating the effect of the scheme on insufficient primary school places and doctors’ services contrary to policies CS25 and CS32 of the North Somerset Core Strategy 2017

At the invitation of the Chairperson, Amanda Boyd, objector, addressed the committee speaking in opposition of the application.

At the invitation of the Chairperson, Des Dunlop, Agent, addressed the committee speaking in favour of the application.

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

At the invitation of the Chairperson, the ward member, Councillor Joe Tristram, addressed the Committee.

Following debate, it was

Resolved: Subject to

(a) the completion of a Habitat Regulation Assessment;

(b) the completion of a section 106 legal agreement securing financial contributions towards affordable housing, green infrastructure, highway and transport improvements, fire hydrants and a LLA;

          i.    The provision of 30% on site affordable housing, which equates to 20 units;

         ii.    The provision of onsite green infrastructure to secure 936m2 Neighbourhood Open Space, 1560m2 Woodland, 1872m2 Conservation Site (rural) and 400m2 of Play Provision;

        iii.    Contributions and a s278 agreement towards highway and transport improvements to include £150.00 per dwelling to be spent flexibly on active travel incentives, £3,400.00 for the Traffic Regulation Order for double yellow lines on the access road from Sandford Road, Public Transport contributions totalling £178,200.00. and the delivery of 2 puffin crossings at an agreed location with the Highway Authority, to contribute to a safe walking route to Churchill School scheme;

        iv.    The provision of a Local Labour Agreement for the construction phase of the development; and

         v.    £9,000 plus VAT towards the provision of six fire hydrants within the site.

the application be APPROVED (for the reasons stated in the report above) subject to the following conditions and any other additional or amended conditions as may be required in consultation with the Chairman and Vice Chairman and local members:  

1.         The development hereby permitted shall be begun before the expiry of three years from the date of this permission.

Reason: In accordance with the provisions of Section 91 of the Town and Country Planning Act 1990.

2.         The development has been approved on the basis of the documents listed below and it shall be carried out in accordance with those drawings and documents.

At the invitation of the Chairperson, Rory Stracey, objector, addressed the committee speaking in opposition of the application.

At the invitation of the Chairperson, Christian Samuel, Agent, addressed the committee speaking in favour of the application.

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

At the invitation of the Chairperson, the ward member, Councillor Jenna Ho Marris, addressed the Committee.

Following debate, it was resolved that a Certificate of Lawful development be APPROVED for the following reason:

1.    The proposed use of the site as allotments is a use within the definition of ‘agriculture’ and the use of the site for allotments falls within section 55(2)(e) and thus will not amount to development and does not require planning permission. For these reasons, it is concluded that if the proposed use had commenced on the application date, it would have been lawful for planning purposes. Also the proposed use does not breach an existing condition or limitation imposed on a grant of planning permission which has been acted upon and which would constrain the development now proposed and there are no extant enforcement notices relating to this land that would be contravened by the proposal.

Resolved: that the application be DEFERRED at the applicant’s request.

At the invitation of the Chairperson, Jos Moule, objector, addressed the committee speaking in opposition of the application.

At the invitation of the Chairperson, Steven Brodie, addressed the committee speaking in favour of the application.

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

At the invitation of the Chairperson, the ward member, Councillor Stuart McQuillan, addressed the Committee.

Following debate, it was

Resolved: that the application be APPROVED (for the reasons stated in the report above) subject to the following conditions:-

1.       The development hereby permitted shall be carried out in accordance with the approved plans and documents to be listed on the decision notice.

Reason:  For the avoidance of doubt and in the interest of proper planning.

2.       Within one month of the date of this permission, samples of the coloured paint to be applied to the white railings that enclose the horse arena shall be made available on site for inspection and for approval in writing, by the Local Planning Authority. The painting of the railings shall be carried out in accordance with the approved  colour scheme within one month of approval being given by the Local Planning Authority and they shall be retained in the agreed colour at all times thereafter unless otherwise agreed in writing.

Reason: To ensure that the finished colour is acceptable in the interests of the appearance of the area and in accordance with policy CS12 of the North Somerset Core Strategy and policy DM32 and DM52 of the North Somerset Sites and Policies Plan (Part 1).

3.       The development shall not take place except in strict accordance with the measures outlined in part 4 of the compensation, enhancement features and future management of the Ecological Assessment and Compensation dated March 2023 V1.0. If amendments to the methodology are required, details of the changes must be submitted in writing and agreed by the Local Planning Authority before relevant works proceed. The development shall then be implemented in accordance with the agreed changes.

Reason: To ensure compliance with the: Conservation of Habitats and Species Regulations 2017, the Wildlife and Countryside Act 1981 (as amended), The Natural Environment and Rural Communities (NERC) Act 2006, The Protection of Badgers Act 1992 and policy CS4 of the North Somerset Core Strategy and policy DM8 of the North Somerset Sites and Policies Plan (Part 1).

4.       All works comprised in the approved details of landscaping shall be carried out in accordance with the approved details during the months of October to March inclusive following use of the horse arena, whichever is the sooner.

Reason: To ensure that a satisfactory landscaping scheme is implemented, and in accordance with policies CS4, CS5 and CS9 of the North Somerset Core Strategy, policies DM8, DM9, DM10 and DM32 of the North Somerset Sites and Policies Plan (Part 1) and the North Somerset Biodiversity and Trees SPD.

5.       Trees, hedges and plants shown in the landscaping scheme to be retained or planted which, during the development works or a period of ten  ...  view the full minutes text for item PAR 51

Section 3 Report of the Director of Place Directorate (attached)

The Director of Place’s representative presented the report. It was reported that it had been an exceptionally busy period, performing well against targets.

Resolved: that the report be noted.

Section 3 report of the Director of Place Directorate

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

Resolved: that the report be noted.

Report of the Head of Democratic and Electoral Services

The Head of Democratic and Electoral Services reported on a review of polling districts and polling places, and responded to Members questions and queries.

Resolved: that the proposed changes to polling district boundaries and polling places set out in Appendix A, B and C of the report be approved to take effect with the publication of the new Register of Electors on 1^st December 2023 in order to comply with the requirements of the Review of Polling Districts and Polling Places (Parliamentary Elections) Regulations 2006 to provide convenient, efficient and effective electoral arrangements.

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 Chairman to rule that it be considered as urgent. Otherwise the matter cannot be considered urgent within the statutory provisions.

None.