Agenda and minutes

The minutes of the Area South meeting held on 5^th November 2014 copies of which had been circulated, were agreed as a correct record and signed by the Chairman.

Apologies for absence were received from Councillors Cathy Bakewell, John Vincent Chainey, Nigel Gage, Jon Gleeson, Dave Greene and Andy Kendall.

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 Tim Carroll, Tony Fife, Peter Gubbins, Ian Martin 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.

Neil Waddleton, Section 106 Monitoring Officer updated members in response to concerns raised at last month’s meeting regarding the provision of a new length of pavement at St Thomas Cross in Yeovil.  He reported that they were very close to an agreement being finalised and that relevant payments had been made.  Confident that settlement should be finalised within the next couple of days with hope that work will start within the next three months.

The Chairman advised members that:

·         Free parking on Market days Tuesday and Friday between 3- 5pm.

·         Update on the current balance of Area South Community Grants Budget.

The Chairman also wished to pass on the good wishes and appreciations of the committee to the Principal Legal Executive as it was his final attendance at committee before retirement. 

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

Councillor Peter Seib told members that the trustees of John Nowes Exhibition Foundation had met but insufficient information had been supplied and the meeting would reconvene at a future date.

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 site and proposed plans.  He told members that since the report had been published further comments had been received from the applicant which included:

·         Business now comprised a total of 35 kennels

·         Part time staff consisted mainly of students

·         The nature of business was typical of long hours with a need to be present for emergencies

·         The issue of the footpath diversion could be easily resolved.

He also informed members that additional photographs had been submitted by the applicant which had been included within the power point presentation.

In conclusion the Planning Officer referred to the key considerations as to whether there is an essential need for an additional dwelling on the site to serve the existing kennel business.  He appreciated it was a successful business, however he did not feel there was a need for an additional dwelling on the site and that the applicant could easily live nearby and go to the site in case of emergency.  His recommendation was therefore to refuse the application for the reason as set out in the agenda report.

Michael Clarke, representative from Barwick and Stoford Parish Council addressed the committee to inform members that no objections had been raised from the Parish Council

Mrs Shutlar the applicant also addressed the committee.  She said this was a family business which had grown considerably and therefore there was now the need to employee a full time member of staff in addition to the part time students who already help out.  She said that over the last ten years the kennels had never been left unattended and it was getting extremely difficult for the family to have any time away. Her daughter had to rely on family members to help her out when needed.  She appreciated the site was considered to be within open countryside but felt it would improve the parking and the unsightly barns which are currently located on the site. 

In response to questions, members were informed that:

·         Unaware of any other dog kennelling business with more than one dwelling on site

·         Considered there is no evidence to support the essential need for an additional dwelling on site as detailed in Paragraph 55 of the National Planning Policy Framework (NPPF).

·         Clarified the location of the footpath on the site, however considered this was not a concern regarding this application.

In her absence the Chairman then read out a statement from Councillor Cathy Bakewell, Ward member raising a number of comments and supporting the application.  These included the following:

·         Very successful dog kennelling business

·         Footpath should not be considered a problem

·         Unreasonable to expect a family running a business from the property which they live, not to grow organically.

·         One dwelling does not met the needs of the family running the business

·         Family own the land and perfectly sensible for them to be able to build a second dwelling on  ...  view the full minutes text for item 81.

The Assistant Highway Service Manager presented the report as set out in the agenda.  He updated members that:

·         Salt bag collection had already taken place with a 40% take up

·         East Coker, Halves lane to be re-surfaced and planned for this month and not January 2015

During the ensuing discussion, the Assistant Highway Service Manager noted the comments of members and responded to questions regarding issues within Area South.  He noted the difficulties members had reporting faults to the Somerset County Council website and the members’ gratitude of the work undertaken by his small team.

The Chairman and members thanked the Assistant Highway Service Manager for his report.

NOTED

The Welfare Benefits Team Leader presented the report as set out in the agenda and with the aid of a powerpoint presentation proceeded to give members an overview of the work of the Welfare Benefits Team including:

• Appeal and Tribunal Statistics for 2013 – 2014.  Based on these figures 96% success rate
• ‘Where we are now’ - the various changes to the benefits scheme
• Households effected by Spare room Subsidy (bedroom tax) and Benefit Cap
• 487 households receiving Discretionary Housing Payments (DHP) in South Somerset
• 10 saved tenancies equating to a saving of £27,200
• 33 maintained Tenancies
• Continuous partnership working with other agencies such as Yarlington and CAB

During the ensuing discussion, the Welfare Benefits Team Leader noted the comments of members and responded to questions on points of detail.  Points raised included the following:

• In response to a member request regarding further information about DHP’s the Welfare Benefits Team Leader was happy to provide further information and would inform the member direct
• In response to a member indicating his interest in the armed forces partnership,  , it was noted that further information would be sent to him direct

·         Worked closely with ‘Pathway for Adults’ especially should the Adult Care Act impact SSDC.

The Chairman thanked the Welfare Benefits Team Leader and the excellent work of her team.

NOTED

No requests were made by members.

Members noted the planning appeals.