Agenda and minutes

The minutes of the Area South Committee held on Wednesday 2^nd December 2015 copies of which had been circulated, were agreed as a correct record and signed by the Chairman.

Apologies for absence were received from Councillors John Field, Sam McAllister, 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.

Councillor David Recardo declared a personal interest in Agenda Item 8 – Planning Application 15/04945/FUL as his Son-in-Law is the Manager of the Lidl store in Crewkerne.

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 updated members on the following:

·         His recent visit to the new successful and very interesting workspace Hub in Bristol.  In response to a question he informed members that one would not be coming to this area but would speak with the member at a more suitable time.

·         Negotiations regarding Foundry House were progressing well with the opportunity of a top class restaurant.

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

Councillor Peter Seib reported that the John Nowes Exhibition Foundation are to hold a meeting to discuss potential changes of the charity’s constitution, and one of the items would be to clarify the position of the SSDC nomination (made by Area South).

Members noted the Schedule of Planning Applications.

The Area Lead Officer (South) presented the application as detailed in the agenda and with the aid of a powerpoint presentation showed the site and proposed plans.

He gave an update to members regarding a recent letter received from the applicant as a rebuttal to the comments made by the Spatial Planning Policy Unit. This highlighted the extant permission on the site and the applicant considered that this application would have no greater impact to that of the extant permission.

The Area Lead Officer (South) advised members that although this proposal is considered an out-of-town retail scheme the extant permission remained a material consideration in this case.

He also informed members of an amendment to recommendation (a)(ii) to read ‘ to ensure revocation of applications 09/03469/FUL, 13/03110/S73 and 13/03564/FUL by:

            Either:

1.    Requiring the involvement of third parties to be signatories to the legal agreement, i.e.: Abbey Manor Group Ltd and/or Abbey Manor Capital Partners Ltd,

                        Or:

2.    The LPA making a discontinue order or orders under s102 of the 1990 TCA or a revocation order or orders under s97 to 99 of the 1990 TCA. 

He confirmed to members that his recommendation was to approve the application subject to the conditions as detailed in his report. 

In response to questions the Area Lead Officer (South) informed members that:

·         Regulation of Anti-Social Behaviour was the responsibility of the Lidl Management. A barrier across the entrance has been proposed to prevent potential anti-social behaviour by way of misuse of the car park.

·         A condition has been included to impose restrictions on delivery hours to the store; however no condition has been imposed regarding opening hours although the application form indicates the requirement of standard opening hours.  These being 8am- 10pm Monday – Saturday and 10am – 4pm Sunday.

·         Concerns raised previously by the Rustywell Residents Association regarding external lighting and litter are again considered to be relevant.

·         The applicant has agreed to make a financial contribution to create a bus stop in the vicinity of the site on Lysander Road.

Norman Broome then spoke in objection to the application.  As a member of the Rustywell Residents Association he was overall satisfied with the changes to the application and was pleased to see a bus stop included within the proposal.

James Mitchell Head of Property, Lidl addressed the committee. He spoke of the success of the Lidl store located at Lyde Road and the public support for an additional store on the western side of the town.  He was excited for the opportunity to develop a new innovative store and provide additional employment opportunities to the area.

Councillor Nigel Gage, Ward member firstly raised his concerns regarding the application. He believed the application did not comply with the SSDC local Plan, possible impact on the town centre and potential precedent set against the Sequential test.  However he also acknowledged the extant permission already on the site, the employment opportunities the store would create and believed that internet shopping also had  ...  view the full minutes text for item 96.

The Assistant Director (Communities) informed members that discussions were ongoing regarding the Economic Development Annual report becoming six monthly.

Councillor Peter Seib requested an update report from Somerset County Council regarding the delivery timescale of the Primary Schools at both Wyndham Park and Lufton sites in Yeovil.

Members noted the Planning Appeals.