Meeting documents

The minutes of the Area South Committee held on 7^th September 2016 copies of which had been circulated, were agreed as a correct record and signed by the Chairman.

Apologies for Absence were received from Councillors Sarah Lindsay, Mike Lock, Tony Lock and Graham Oakes.

In accordance with the Council's current Code of Conduct (adopted July 2012), which includes all the provisions relating to Disclosable Pecuniary Interests (DPI), personal and prejudicial interests, Members are asked to declare any DPI and also any personal interests (and whether or not such personal interests are also "prejudicial") in relation to any matter on the Agenda for this meeting.  A DPI is defined in The Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012 (SI 2012 No. 1464) and Appendix 3 of the Council’s Code of Conduct.  A personal interest is defined in paragraph 2.8 of the Code and a prejudicial interest is defined in paragraph 2.9. 

Members are reminded that they need to declare the fact that they are also a member of a County, Town or Parish Council as a Personal Interest.  As a result of the change made to the Code of Conduct by this Council at its meeting on 15^th May 2014, where you are also a member of Somerset County Council and/or a Town or Parish Council within South Somerset you must declare a prejudicial interest in any business on the agenda where there is a financial benefit or gain or advantage to Somerset County Council and/or a Town or Parish Council which would be at the cost or to the financial disadvantage of South Somerset District Council.  If you have a prejudicial interest you must comply with paragraphs  2.9(b) and 2.9(c) of the Code.

In the interests of complete transparency, Members of the County Council, who are not also members of this committee, are encouraged to declare any interests they may have in any matters being discussed even though they may not be under any obligation to do so under any relevant code of conduct.

Planning Applications Referred to the District Council’s Regulation Committee

The following members of this Committee are also members of the Council's Regulation Committee:

Councillors Peter Gubbins, Graham Oakes, David Recardo and Gina Seaton.

Where planning applications are referred by this Committee to the Regulation Committee for determination, in accordance with the Council's Code of Practice on Planning, Members of the Regulation Committee can participate and vote on these items at the Area Committee and at Regulation Committee. In these cases the Council's decision-making process is not complete until the application is determined by the Regulation Committee.  Members of the Regulation Committee retain an open mind and will not finalise their position until the Regulation Committee.  They will also consider the matter at Regulation Committee as Members of that Committee and not as representatives of the Area Committee.

There were no Declarations of interest.

This is a chance for members of the public and representatives of Parish/Town Councils to participate in the meeting by asking questions, making comments and raising matters of concern.  Parish/Town Council representatives may also wish to use this opportunity to ask for the District Council’s support on any matter of particular concern to their Parish/Town. The public and representatives of Parish/Town Councils will be invited to speak on individual planning applications at the time the applications are considered.

There were no questions from members of the public.

The Chairman informed members of the following:

Westlands

A full report on Westlands is due at ASC next month, in the meantime:

·         The branding and marketing is now well advanced

·         Bookings are being accepted. Many SSDC meetings will be hosted at the new centre from April

·         The sports facilities will be opening in the New Year under LED management

·         The conference centre facilities will be opened in late March.

·         Key posts are under recruitment.

·         Work is due to start shortly on the new pavilion which has attracted a substantial grant from the English Cricket Board

Markets Strategy

·         The Markets Improvement Group met this week to consider the recommendations of a Health Check on Yeovil markets from a Consultancy Group.

·         It has agreed that next step is to work up a business case to expand markets in Yeovil, to include running more Saturday markets and other town centre events. This will need  new investment including revised staffing to promote and manage the whole operation

·         Wanting to form a small Task and Finish group to work with the Area Lead (Natalie) on this.

·         Looking for 1 of the existing Market Improvement Group members to be joined by the fresh eyes of 3 other ASC members to do this work.

·         An email will be sent round later this week seeking volunteers so please give this some thought to helping with this initiative

·         This will report back to the Markets Improvement Group and on to ASC in the New Year. The aim is to have the new model up and running by April 2017.

Christmas Dinner

·         This event is being held on Thursday 15^th December 2016 at Yeovil Golf Club. £20.95 per head 7pm for 7.30pm start.  An email with further details will be sent out shortly.

This is an opportunity for Members who represent the Council on outside organisations to report items of interest to the Committee.

Councillor John Clark informed members on the work undertaken with Westfield Community Centre for Sustainable Energy offering help to anyone who may struggle to pay fuel bills this winter.  Energy advice drop in centres are being held at various dates through the winter at St Peters Church Hall.

The Environmental Health Manager gave a presentation on the work of the unit and with the aid of the end of year report informed the Committee of the three main areas of work within the service which consisted of:

·         Food and Safety Team including the National Food Hygiene Rating Scheme, Development of the Better Business for All (BBfA) project, supporting local agencies into recent wild game poaching and public events held within South Somerset ie festivals

·         Environmental Protection Team including investigation of Noise and Nuisance, Contaminated Land, Air Quality and Environmental Permitting and working with Streetscene regarding fly tipping.

·         Housing Standards Team including working closely with the Housing Options Team Empty Properties, House in Multiple Occupation (HMO), Housing Repair Grants and Loans and working with Yeovil One dealing with Anti-social behaviour including overcrowding and drug use in properties.

In response to members’ questions the Environmental Health Manager explained:

·         At present it is optional whether businesses wish to display their Food Hygiene Rating Scheme certificate.  At this present time it is mandatory in Wales however England is looking to replicate this.

·         SSDC have a list of empty properties although greater concentration is given to the properties that have been empty for 6 months or more.

·         Work with the Police Authority regarding abandoned vehicles.  This workload can fluctuate due to the change in scrap metal prices.

The Chairman thanked the Environmental Health Manager for his report and the excellent work of his team.

NOTED

With the aid of slides the Countryside Manager presented the report as set out in the agenda and highlighted to members:

·         Diverse Public Events Programme where there has been a significant increase in participants.

·         Success of the Educational Groups and working with local schools, teacher training and science and literacy days.

·         Excellent valuable work of the volunteers including the Ninesprings heritage works, Witcombe stream, revamping the Ham Hill Centre and assisting on school visits.

·         Enabling and enhancing the delivery of Friends groups.

·         Huge increase in the number of pre-schools and infant groups visiting the park.

·         V3 Heritage Lottery Project, where this year centre stage has been the restoration of Ninesprings Valley Gardens.

·         The success of Yeovil Country Park which helps to develop and benefits the Health and Well Being of Yeovil’s residents. 

·         The success of the Café where it has become an important meeting point and hub for many individuals and groups.

During a discussion members praised the excellent work done by the Countryside Team and raised several points including the following:

·         Suggested maintenance of scrubby areas of trees at Ham Hill Country Park spoiling the potential excellent views from the area.

·         Upkeep of the Lime Kiln Car Park at Ham Hill.

·         Praised the work and excellent condition of the Yeovil Country Park.

The Countryside Manager noted the comments made by members reporting that work is due to start very soon on the clearing of scrub areas of Ham Hill Country Park with particular attention to the view points from benches in the park.  Remedial works have been undertaken at the Lime Kiln Car Park but negotiations for further maintenance were ongoing with SSDC and the landowner.

The Chairman then thanked the Countryside Officer for her excellent report and the work of the team.

NOTED

The Section 106 Monitoring Officer presented the report as detailed in the agenda and explained the background to his role and specific responsibility for ensuring all requirements of S106 obligations, including the collection and spending of financial contributions are monitored and managed.

He also informed members that:

·         The three main key sites within Area South were deliberately omitted from the report as he would be bringing a further detailed report early in the New Year regarding Lyde Road, Brimsmore and Lufton key sites due to their significant strategic nature.

·         Clarified significant changes in legislation that will affect the way SSDC are able to seek financial planning obligations.  This change will only allow the Authority to seek financial contributions of 10 dwellings or more

·         Recently been awarded ‘substantial’ assurance from a recent Audit undertaken of the processes and controls for S106 management.

The Section S106 Monitoring Officer presented the monitoring log report (Appendix A).  In response to a question, he confirmed that some of the strategic contributions collected are being committed to support the Westland Leisure Complex and its new facilities. 

Members thanked the officer for his excellent work and informative report and endorsed the actions taken in respect of the monitoring and managing of Section 106 Planning Obligations.

NOTED

The Area Development Lead presented the report and with the aid of slides gave an update of the priorities and projects within Area South.  She updated members on the following:

·         Wyndham Park:

o   Unfortunately, the school site has been reverted back to the original plan, so work is now being undertaken to find a suitable alternative for the proposed community hall.

o   Work has now started on the school site and hopeful to be completed for September 2017 start date.

o   The MOD has agreed to allow the community to use one of its properties on the estate as a temporary community hub.

·         Lufton

o   A Community Use Agreement needs to be signed before the transfer of the school site at Lufton. Once completed it is anticipated the school will be completed by February 2018.  

The Neighbourhood Development Officer also updated members on the plans to develop the community facilities and recreation ground at West Coker.  He explained the aims to replace the currently dilapidated buildings and upgrade the sports pitches, play facilities and car parking.

In response to members’ questions, the Area Development Lead and Neighbourhood Development Officer informed members that:

·         There had been many factors to consider before the final completion of the MOD property for community use these included; ensuring the correct property was selected, responsibility for the ownership of the property and arrangement of rent/insurance etc. 

·         West Coker Recreation Ground upgrade will be a phased approach.  Anticipated work on the Play Park to start by the end of this year, with the complete plan to be 3-5 year programme.

During a short discussion, members welcomed the agreement of the MOD house to allow for community use. 

Member’s requested that a plan and Community Association for Lufton be set up as soon as possible to ensure the smooth transformation and furnishing of the building and provide support for future financial planning of the facility.  Members also believed the support of the local County Councillors would be of benefit to the project.

The Chairman thanked the Area Development Lead and Neighbourhood Development Officer for their excellent work and informative report.

NOTED

The Assistant Director, Communities introduced the report which asked members to consider the start time of the Area South Committee meetings.  She explained that the last review was in September 2015 where members resolved that the start time for the Area South Committee remain at 2.00pm and for a trial period planning applications be determined last on the agenda and not before 3.00pm.

She referred to the analysis of meetings held since September 2015 as set out in the agenda report and believed that with the control of the non-planning items and thus determining the start time of planning applications considered the current arrangement to be acceptable.  On this basis the recommendation is that the start time for Area South Committee remains at 2.00pm and that planning applications continue to be determined last on the agenda and not before 3.00pm. 

During discussion, varying views were expressed by members, including the continuing difficulty for working members to attend meetings in the normal working day.  However it was noted that other members of the committee had commitments to various other council meetings both in the normal working day and evenings and therefore on balance supported the officer’s recommendation.  

It was then proposed and seconded that the start time for Area South Committee remain at 2.00pm and that planning applications continue to be determined last on the agenda and not before 3.00pm to benefit public participation, Member attendance and officer time.  On being put to the vote was carried by 10 votes in favour, 1 against and 2 abstentions.

(voting: 10 in favour, 1 against, 2 abstentions)

No further updates or requests were made to the Forward Plan.

(Voting: Without dissent)

Members noted the report.

Members noted the report.

Members noted the Schedule of Planning Applications.

The Planning Officer presented the application as detailed in the agenda and with the aid of a power point presentation showed the location and photographs of the site.  He gave no further updates to the report and explained to members that this was a retrospective planning permission which had been created to transform a potentially hazardous outdoor space into a safe area for the applicant’s young children to play.

He clarified that the applicant’s own the top floor flat and that they have ownership over the land at the front.  He confirmed that the occupiers of the ground floor flat were happy with the decking area and have young children who play on the decking with the applicant’s children.

The Planning Officer referred to the key considerations being the impact upon residential and visual amenity and although appreciated the current agreement of both owners of the flats advised that this application would be for the permanent retention of the decking.  He explained that should the occupiers of either flat change at any time this could result in an adverse impact upon the residential amenity of the neighbouring property. 

He concluded that whilst it is proposed planting will be undertaken to further minimise the impact he considers the structure to be unsuitable for the surrounding streetscene, be of poor design and have an adverse impact upon the neighbouring properties.  Whilst he understands the applicant’s position his recommendation is for refusal for reasons set out in the agenda report.

In response to members’ questions, the Development Manager and Planning Officer confirmed that:

·         Any development located to the front of a property and any decking over 300mm in height required planning permission.

·         Members may consider whether the proposed measures to mitigate the impact would be acceptable.

·         A Legal Agreement would not normally be appropriate to impose restrictions on individuals and their current personal circumstances.

Evelyn Potts-Jones representative of Yeovil Town Council addressed the committee.  She confirmed that the Town Council were in support of the application and that with the proposed additional planting felt the structure did not have a severe impact on the streetscene.  She believed it to be a good use of space in which to aid the health and well-being of the applicant and their children.  She noted there had been no objection from the owners of the ground floor flat and understood that a condition could be imposed for the removal of structure should the flat be sold in the future.

Amy Davey, the applicant then addressed the committee.  She was unaware that planning permission was required for the decking area and that due to the current financial housing market situation both her and the owner of the ground floor flat had been unable to move to other properties with outside space for their children to play.  She explained the design of the decking was to ensure that passing traffic and pedestrians were unable to see the young children playing in their swimwear, to minimise the sound  ...  view the full minutes text for item 77.