Agenda, decisions and minutes

To approve as a correct record the minutes of the previous meetings held on 21^st May 2015 and 3^rd June 2015.

The minutes of the Area South meeting held on 21^st May 2015 and 3^rd June 0215 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, Sam McAllister and David Recardo.

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.

Councillor Mike Lock declared a personal and prejudicial interest in Agenda Item 9 – Planning Application 13/01490/FUL as he is the applicant.  He would leave the meeting during consideration of that item.

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 that:

·         Councillor Andy Kendall has been appointed as the extra member on the Yeovil Crematorium and Cemetery Joint Committee.

·         Area South Committee in August will only take place if there are any urgent planning applications to be determined.  Members will be informed as soon as possible.

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

There were no reports from representatives on outside organisations.

Members noted the Schedule of Planning Applications.

The Area Lead South presented the application as detailed in the agenda and with the aid of a powerpoint presentation showed the site and proposed plans.  He confirmed there were no further updates to the report and that all issues for concern were addressed within the agenda report. 

He referred to the key considerations including what impact the proposal would have on the character of the use of land and on the neighbouring land and uses due to the potential nature of Hostel proposed.  He also raised concern regarding the impact on the listed building.

The Area Lead South concluded that the application does not specify what type of hostel is to be provided and that several attempts had been made to clarify the proposal.  Attempts to assess the impact of the development on the interior of the Listed Building by entering the building had been declined.

He considered that the application still provided lack of sufficient information to allow the development to be correctly assessed and as a result fails to meet the requirements of Paragraph 132 of the National Planning Policy Framework (NPPF).  His recommendation was therefore to refuse the application for the reasons as set out in the agenda report.

In response to questions, members were informed that:

·         The existing extension to the proposed property remains incomplete, however if this application was approved it would most likely be completed. Clarified that planning permission has previously been granted for this extension.

·         The applicant has declined access to the interior of the property and therefore the impacts that may be brought about by the hostel use cannot be fully assessed, including those required by Building Regulations such as fire protection/escapes. 

·         Confirmed application lacked clarity regarding the type of hostel proposed.

Robin Bryer, the Agent addressed the committee.  He said that the proposed building had never been used as a children’s nursery and that the applicant had not deliberately sought to frustrate officers by declining access to the house, but merely it was private home which the owners preferred officers not to enter.  He confirmed that at the present time the applicant was not looking for Listed Building consent and if planning permission be granted could hasten completion of the existing extension.  He felt it was an excellent position within the town as located near to the college and hospital and within walking distant to town centre.  He referred to the present adjacent hostel and therefore felt use had already been established.  He concluded the applicants were keen to complete the outstanding work on the extension and that this proposal would be an ideal solution to an interesting building.

Councillor Alan Smith, Ward member voiced his concern over the location of the hostel.   Not knowing the exact use of the hostel he was wary of its location so close to young people walking to the nearby school, college and hospital. 

Councillor John Clark, Ward member referred to the clear indication of the requirements of the NPPF and the failure of  ...  view the full minutes text for item 24.

(Having earlier declared a Personal & Prejudicial interest Councillor Mike Lock left the room during consideration of this item).

The Area Lead South presented the application as detailed in the agenda and with the aid of power point presentation showed the site and proposed plans. He updated members on the alteration to Condition 5 to change the submission period of the tree protection scheme from 6 months to 3 months. 

He explained the original intention of the Lufton 2000 development was for a quality development area with acceptable landscaping to enhance the visual amenity of the area.  He said the proposed site had been in the current condition for some time and attention would be paid to the boundary edge and shrub planting should the application be granted.

The Area Lead South referred to the key considerations of Nature of the Use, Boundary Treatment, Highways and Impact on Protected Trees.  In conclusion he considered that the proposal and its use was appropriate on an industrial estate and therefore his recommendation was for approval for the reasons as set out in the agenda report and subject to the receipt of the plan of access.

In response to questions, members were informed that:

·         Oak Tree located on site was subject to a Tree Preservation Order (TPO)

·         Boundary fencing to be finished in black as considered suitable colour for tree and shrub planting and in line with the black railings located opposite the site.

Councillor Peter Seib, Ward member said there had been a long history of the site and commended officers trying to improve this site and therefore would support the application.

During members’ discussion, several points were made including the following:

·         Concern regarding the type of trees to be planted.

·         Appreciated the application was part retrospective however a timescale should be stipulated for the landscaping/planting scheme to be completed.

·         Understood the need to improve and sustain high standards for the site, however other areas within the estate were of not such high standards.

In response the Area Lead South explained to members that:

·         Enforcement conditions have a time limit imposed on retrospective applications, which is very rigid should the work not be carried out.

·         SSDC Tree Officer suggested London Plane trees were planted and that the proposed Landscaping/planting scheme was a suitable compromise and in keeping with the surrounding area.

It was then proposed and subsequently seconded that planning permission be approved as per the officer’s recommendation and subject to:

1.    The submission and receipt of an amended plan to maintain the visibility splay to Artillery Road.

2.    Alteration to Condition 5 to change the submission period of the tree protection scheme from 6 months to 3 months. 

3.    Informative included regarding the presence of a covenant regarding land use/land ownership.

On being put to the vote this was carried unanimously. 

RESOLVED:

That application 13/01490/FUL be approved:

Subject to the submission and receipt of an amended plan maintaining the visibility splay to Artillery Road.

01.       The use is appropriate on an industrial  ...  view the full minutes text for item 25.

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

·         Bunford Roundabout had also been resurfaced.

·         Due to a quieter winter this year work undertaken had been more of a preventative measure regarding icy roads.

During the ensuing discussion, the Assistant Highway Service Manager advised members of the following:

·         Highly reliant on the public to report faulty street lights etc.

·         It is the responsibility of the land owners regarding over hanging hedges onto the highway.

He noted the comments made by members and asked that they advise him direct by email of any issues within their specific wards.

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

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

·         Green Flag Awards retained for the 3 largest sites;

·         Diverse Events Programme where Rangers had delivered 45 events including dog shows and community tree planting.

·         Work of the volunteers and apprentice Rangers

·         Plus Friends Support Groups

·         Over 1500 trees planted in winter programme

·         Ongoing site management work

·         Website now live and successful social media feeds.

·         Ham Hill Country Park and 20k submitted lottery bid to resurface the stream and excavate medieval pond.

·         Success of the Ham Hill Community Bonfire and other events.

·         Commonwealth day with 50 Yeovilton personnel helping build dry stone wall.

·         Countryside Day, wildlife theme event directed at primary schools.

·         Local Nature reserves at Chard Reservoir, Eastfield and Moldrams Ground.

·         Success of the new Yeovil Country Park café facilities and Information Centre opened in October 2014.  This had provided a new and greater interest in the Country Park from the general public and local groups allowing more events and activities at the park.

·         Confirmed successful bid from the Heritage Lottery Fund which will see a three year project to improve the natural heritage and visitor offer at Yeovil Country Park.

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

·         Suggested locating litter bag dispensers for walkers to encourage litter picking throughout the park

·         Suggested looking at the opportunity to tie in an academic element in partnership with universities regarding restoration projects.

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

·         Social media feeds an excellent way to promote the Countryside Service.

The Countryside Manager noted the comments made by members and agreed to supply members with further details on Social Media feeds. (For further information please see leaflet attached to these minutes).

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

The Streetscene Manager presented the report as detailed in the agenda. In response to several questions he replied that:

• The service currently delivers grounds maintenance for the Yarlington Housing Group, Yeovil Town Council, Somerset County Council land and various other parishes.
• In 2014 the service was successful in delivering the service for the maintenance of designated Public Rights of Way in South Somerset and this work has been retained in 2015.
• Continued to work with the Probation service each week in partnership with the community pay back scheme.
• The number of collections for fly tipping had fallen in the last year in Area South.
• Parish Ranger Scheme has continued to develop with schemes in various parishes within Area South and is continuing to grow.

Members thanked the Streetscene Manager and his service for the good quality work that they had carried out and the impressive programme of events.  A particular thank you was given for the tree removal and replanting in Lyde Road and replacement of the pathway through Milford Park.

The Neighbourhood Development Officer presented the report and with the aid of a power point highlighted to members:

·         Background of the Westfield ‘Our Place’ Project.

·         Success of the ‘LivEqual programme’ to help influence positive changes to health and quality of life.

·         Research of the Westfield area indicating 25% of social housing within the area, 1 secondary school, 1 primary school, small number of shops, 2 churches and no community hall.

·         Community feedback with potential areas to develop.

·         Safety concerns regarding the location of the current bus bay for Westfield Academy School and the need for the relocation project.

·         Final work programme (draft action plan attached to these minutes)

·         Outcomes of the ‘Our Place’ project and community development.

In response to questions members were informed that:

·         A great deal of work is being carried out to deliver and promote community facilities for Wyndham Park including funding of £400k.

·         The Westfield school bus bay was proposed to be relocated to the bottom entrance of the school to mitigate road safety concerns from the main entrance of the school.

Members thanked the Neighbourhood Development Officer for his excellent work and the progress made.

(Voting:12 in favour, 1 against, 0 abstentions)

The Area Development Manager South presented the report and explained the financial implications to members and the proposal to contribute £12,500 to the project which equated to 28% of the total project costs.  

She explained the evidence of road safety issues including poor visibility from the school entrance due to parked cars and buses, no drop off zone causing parents to park anywhere and the school having to send more staff to supervise the area due to the problems thus incurring more costs.

During members’ discussion several comments were raised including the following:

·         Appreciated the safety issues in the area however other schools within Area South had similar problems and this could set precedent for future applications.

·         Believed that School Academy’s had other avenues in which to raise funds.

·         Respected other school had similar problems but that this application should be taken on its own merits, it was a good proposal with an excellent reason to help improve road safety for the local children.

·         Considered it a disproportionate amount and preferred a lower figure of £10,000 to be granted.

·         Is it just moving the problem from one place to another?

·         The safety of children is extremely important and should look to support the application regardless of other areas of funding.

·         Appreciated it was a busy road for school traffic during school pick up and drop off hours, therefore should look to support any proposals to mitigate safety problems.

In response to comments, members were informed that:

·         More police time and teaching time is spent to supervise the area due to safety problems hence incurring large costs.

·         Main purpose is to improve community safety for the area.

·         No support of funding has been given by Somerset County Council.

It was then proposed and subsequently seconded to agree a contribution of £12,500 towards the Westfield Academy bus parking bay project as per the officers’ recommendation as set out in the agenda report. This was carried by 12 votes in favour and 1 against.

(Voting:12 in favour, 1 against, 0 abstentions)

The Area Development Manager South presented the report as detailed in in the agenda and explained the history of the land and the obligation as Trustees of the land.  She proceeded to explain the further work undertaken with the Charities Commission to develop an acceptable scheme for the disposal of Dorcas House and the reprovision of more suitable accommodation. 

She requested that members approve the accounts and the Chairman sign the Annual Report and Statement of Accounts for 2014/15 and that members delegate the Chair of Area South to negotiate the purchase of the proposed new dwellings on behalf of the Trust and to negotiate an agreement to appoint a Housing Association as managing agent.

Following a short discussion, members voiced their support of the recommendations and therefore proposed and seconded to agree these recommendations as set out in the agenda report.  On being put to the vote this was carried unanimously.

RESOLVED:

(1)  To approve the Annual Accounts for the Dorcas House Trust

(2)  To note the update in the annual report

(3)  To delegate to the Chair of Area South the ability to negotiate the purchase of the proposed new dwellings on behalf of the Trust, taking advice from The Area Development Manager – South subject to final approval from the Trustees.

(4)  To delegate to the Chair of Area South the ability to negotiate an agreement to appoint a Housing Association as managing agent on behalf of and in accordance with the terms of the Trust subject to final approval from the Trustees.

(voting: unanimous)

Councillor Peter Seib Portfolio Holder for Finance and Legal Services presented the report and explained that as part of the development of land at Thorne Lane and the Yeovil Western Corridor footpath, cycleway and roadway improvements some SSDC land was needed to facilitate the scheme. 

He therefore requested that Area South Committee recommends the District Executive to approve to the transfer of a number of small sections of the Councils land from Thorne Lane to Preston Road as identified on the plans included in the agenda report.

Alistair Bell, Environmental Health Officer also wished to clarify to members that any work undertaken would not compromise the operation of the Crematorium. 

During a short discussion, members were pleased that assurance had been given that the operation of the Crematorium would not be compromised during the period of works to be undertaken. 

A member also considered a bridleway order be made to help provide control of the usage of the footpaths.  Member’s however were not in full support of this proposal and considered that the public consultation which is due to take place shortly would raise any issues regarding specific works to be undertaken. 

It was therefore proposed and seconded that members agree the recommendations as set out in the agenda report.  On being put to the vote this was carried unanimously.

RESOLVED:

That Area South recommends District Executive approve:

1. The freehold transfer of the areas identified on the plan coloured salmon and a licence to occupy the areas coloured green on the same plan to Somerset County Council Highways for £1;
2. To approve that the land coloured purple on the attached plans is transferred to SSDC;

      3.  That the legal costs are borne by Somerset County Council.

(Voting unanimous)

The Area Development Manager South informed members that a report regarding the Area South Committee Review of Timings would be brought to the September committee.

There were no further requests made by members.

(Voting: Without dissent)

Members noted the Planning Appeals.