Agenda and minutes

Apologies for absence were received from Councillors C. Leaver and Maddocks.  Councillor Lovering was appointed as a Substitute Member for Councillor C. Leaver.

RESOLVED that the minutes of the meetings held on 6 September 2023 and 5 October 2023 (circulated previously) be approved as correct records and signed by the Chair.

The Chair advised that following a recent meeting of the Committee there had been some informal complaints received in relation to remarks made by Members and reminded Members that their comments and representations made at Committee meetings should be based on planning matters rather than being aimed at individuals and requested that this was adhered to.

Please telephone the Corporate and Community Services team to prepare a form for your signature before the meeting. Interests must be re-declared when the item is called. A declaration of interest under the Code of Conduct will be a Disclosable Pecuniary Interest, an Other Registrable Interest or a Non-Registrable Interest.  If the item directly relates to your interest you must declare the interest and leave the room for the item, save in the case of Other Registrable Interests or Non-Registrable Interests where you may first speak on the item as a member of the public if provision has been made for the public to speak.  If the matter does not directly relate to your interest but still affects it then you must consider whether you are affected to a greater extent than most people and whether a reasonable person would consider your judgement to be clouded, if you are then you must leave the room for the item (although you may speak as a member of the public if provision has been made for the public to speak) or, if you are not, then you can declare the interest but still take part).

There were no declarations of interest received.

Erection of new stable building and associated works (amended plans). Report by the Senior Planning Officer (attached).

The Committee considered a report by the Senior Planning Officer (SM) regarding planning application 77474.

Councillor Haworth-Booth advised the Committee that Swimbridge Parish Council was in support of the application.

RESOLVED (unanimous) that the application be APPROVED as recommended by the Senior Planning Officer subject to a condition being included that no infill material be imported on to the site for construction unless in agreement in writing with the Local Planning Authority.

Retrospective application for erection of two timber structures. Report by the Planning Officer (attached).

The Committee considered a report by Planning Officer (DJ) regarding planning application 77028.

The Planning Officer (DJ) advised the Committee that since the publication of the report that the applicant had provided a Noise Management Plan which included mitigation measures such as the contact details of the manager being provided to immediate neighbours, proposals for checks on noise and behaviours that were likely to cause a disturbance.  The Environmental Health technical officer had been consulted on the Noise Management Plan and did not support the proposed mitigation measures and therefore the recommendation remained as refusal.

The Senior Corporate and Community Services Officer read out statements received on behalf of Charles Waldron (supporter) and Tim Courtney (objector).

Darren Trick (supporter), Jannett Randal (supporter), Richard Medland (supporter), Elaine Brown (supporter), Steven Shepherd (objector) and Andy James (on behalf of the applicant) addressed the Committee.

In response to questions from the Committee, the Planning Officer (DJ) advised the following:

·       The Environmental Health technical officer had recommended that the structure was not used for live music.

·       In 2019, three noise complaints had been received and three had been received after the structure had been erected.  Lighting had been referred to in some of the complaints received.  These complaints had been made to Environmental Health.  Noise levels were considered to be excessive as a result of some of the complaints had been made.

·       Discussions had taken place with the applicant regarding proposed conditions.  The applicant had not agreed with the proposed conditions. His position had been that he should be able to rely on the provisions of the Licensing Act.  The Noise Management Plan had not been produced in consultation with the Planning Officer or Environmental Health technical officer.

·       As the beer garden was licensed, a live band could perform in the beer garden, however this would not occur in certain weather conditions or times of year.

·       The current mitigation proposed in the Noise Management Plan were not acceptable, there could be a compromise, but this had been reached yet.

In response to questions from the Committee, David Morgan, Environmental Health technical officer advised the following:

·       Different tests were applied under the Planning Act and Licensing Act.  There was guidance on dealing with protecting existing residents and amenity.  In relation to the licensed premises, evidence was sought in relation to previous public nuisance that had occurred.  This guidance was not the same under the Planning Act. There was a different approach and different set of tests.  There was a need to consider the noise arising from the licensed premises and other premises.

·       The applicant had not provided any details of the proposed number of live events to be held, the only information that had been provided was that it would be occasional. On that basis, there was not sufficient control that the level of use was sufficient to cause a nuisance for neighbours.  The number of events needed to be specified so that there was sufficient control.

·       There was limited information available regarding the complaints  ...  view the full minutes text for item 42.

RESOLVED that the meeting be adjourned for a comfort break and reconvened at 11.55 a.m.

Councillor R. Knight left the meeting.

To consider the report by the Senior Planning Support Officer (attached).

The Committee considered and note the appeal report by the Senior Planning Support Officer (circulated previously).

The Service Manager (Development Management) provided an update in relation to planning appeals 73875, 74082, 74197, 75015, 75762 and 74895.

There were no Planning Site Inspections required.