Agenda, decisions and minutes

RESOLVED:  that the following item be considered in Closed Session by virtue of the Local Government Act 1972, Schedule 12A under Paragraph 3: “Information relating to the financial or business affairs of any particular person (including the authority holding that information).” 

The Conservation Officer summarised the agenda report, which outlined the work of the Conservation Team in respect of historic buildings at risk and updated members on current cases in Area South.  The Committee was asked to note and comment on the report.

The Conservation Officer, with the aid of photographs, then detailed a number of examples of case work relating specifically to historic buildings at risk in Area South.

The Conservation Officer responded to members’ questions on points of detail regarding specific cases and noted their concern.  With the agreement of the Chair members requested a briefing update in due course.

To approve as a correct record the minutes of the previous meeting held on 6^th January 2016.

The minutes of the Area South Committee held on 6^th January 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 Gye Dibben, Kaysar Hussain, Graham Oakes, Peters Seib and Rob Stickland.

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 John Clark declared a Disclosable Pecuniary Interest (DPI) in Agenda Item 19- Planning Application 15/05333/FUL as he is a Director and Shareholder of the applicant Solarsense UK Ltd.  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 updated members on the Eastern Corridor Improvements, the negotiations with the developer regarding Lyde Road and the remodelling of Whyndham Street, Eastland Road and Brunswick Street Traffic lights.

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

Councillor David Recardo informed members that the modular ward for Yeovil District Hospital was due to go into service on Monday 8^th February.  Work on the car park had also commenced and would take approximately twelve months to complete.

The Assistant Highway Service Manager presented the report as set out in the agenda.  He updated members that re-surface works were due to take place between Watercombe Heights and West Coker Road traffic lights in Yeovil in March 2016.

During the ensuing discussion, the Assistant Highway Service Manager noted the comments of members and responded to questions regarding issues within Area South.  He acknowledged concern regarding the increasing government budget cuts and the difficulties this has on the maintenance work undertaken each year.  

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

The Conservation Manager introduced his report and with the aid of a powerpoint presentation outlined the role and work of the Conservation Team.  Members were informed of the following:

·         The aim of the team was to provide specialist advice on the built and natural environment to the Council and particularly to the planning service, members of the public and Town and Parish Councils.

·         The role of the Landscape Architect includes giving advice on the landscape impact of development proposals and mitigation measures including master planning and design codes for major development sites particularly Yeovil urban extensions Primrose Lane and Keyford sites and landscape capacity work for Local Plan/Policy.

·         The Tree Officer gives advice on negotiating proposals affecting TPO and conservation area trees, High hedge dispute resolution, Hedgerow Removal Notices, Amenity tree planting, Parish Tree wardens support and development proposals in relation to trees and undertook enforcement casework.

·         Work undertaken by the Ecologist included screening and monitoring applications for impact upon protected sites and species through the Somerset Environmental Record Centre Bioplan screening service and negotiating appropriate mitigation measures.

·         Officers gave building conservation advice on applications on listed buildings and in conservation areas, undertook conservation area reviews and appraisals, gave conservation advice to building owners, applicants and planning officers and negotiation of listed building consent including enforcement casework.

·         Recent work included landscape and historic environment input to the Local Plan Enquiry, continuing negotiations for major residential sites, master planning major urban extensions and repairs to the Preston Plucknett war memorial. 

·         The future work programme to include landscape and Heritage Strategies for Local Development Scheme, complete mapping of listed curtilages and master planning for major urban extension sites.

In response to a members question the Conservation Manager gave advice regarding Listed Building consent within the curtilage of a Listed Building.

The Chairman thanked the Conservation Manager for attending the meeting.

The Housing and Welfare Manager presented the report as detailed in the agenda and with the aid of slides highlighted to members:

·         Banding criteria used for ‘Homefinder’. Gold band – high need, Silver Band – Medium need and Bronze Band – Low need

·         Decrease of numbers of applicants on the Housing Register.

·         Snapshot of the Housing Need in the Parishes of Area South and preferential parishes of first choice

·         Number of households and their bedroom requirements by band.  Demand still remains high for one and two bedroom properties as tenants are still trying to downsize due to the spare room subsidy.

·         Number of vacant properties within Area South within a one year period. 

In response to comments and queries from members, the Housing and Welfare Manager reported that:

• SSDC hold no information and have little control over the monitoring of privately rented properties within South Somerset.
• Following the announcement of the cuts in Pathway for Adults Service (P4A) SSDC are working on a proposal with other agencies to produce an alternative cost effective model for future accommodation for the homeless. The consequence of doing nothing would have large financial impact on SSDC and a big social impact in particular for Yeovil.

Members acknowledged the significant reduction on the number of persons on the Housing register and congratulated the Housing and Welfare Manager and her team for their excellent work. 

                                                                        NOTED

The Community Health & Leisure Manager presented the report as set out in the agenda and with the aid of a powerpoint presentation she highlighted to members the following:

• The work of the team including Healthy lifestyles, sports development, play and youth facilities, support for young people, leisure facility development and management.
• Healthy Lifestyles development including the success of the district weight loss programme, CLICK into activity and Health Walks programme.
• £163,294 secured from Sport England for ‘In It Together’ – 3 year district female sports participation project.
• 10,000+ people enjoyed Play days in 20 communities across the district.
• Youth Days rolled out across the district for the first time.
• First pump track installed in the district at Wyndham Park, Yeovil.
• Success of the Gold Star event where 600+ people attended to celebrate the contribution of volunteers and young people in South Somerset.
• The increase in users of facilities at Yeovil Recreation Ground including the AGP Athletics Arena, pitch and putt and the increase in the refreshment sales.
• Play area transformations/improvements including Summerhouse View and Wyndham Park in Yeovil.
• £690,334 of S106 received for sport and play and youth facilities across the district.
• S106 projects in the pipeline including Westland Leisure Complex in Yeovil.
• Area South highlights including Sport 50, Healthy Workplace Programme in 11 works places in Area South, Birchfield pump track, National Play Day at Ninesprings with 5000+ attendance and working with Yeovil Olympiads Athletics Club to make the Joanna France Clubhouse more accessible.

The Community Health & Leisure Manager responded to questions from members and explained the position of the Joanna France Athletics Clubhouse and the possibility of future access for all users of the Athletics track. 

She also noted concerns regarding the lack of lighting at the Birchfield pump track and Chiltern Grove car park area at Yeovil Recreation Ground.  She agreed to provide further information to Councillor Wes Read regarding the availability of the AGP for Yeovil College students.

The Chairman and members of the Committee thanked the Community Health & Leisure Manager for an excellent report and congratulated her on the outstanding work of her team.

 (voting: unanimous)

The Community Development Officer presented the report and explained to members that the Parish Council had nearly completed the redevelopment of the Odcombe Play Area however this application was for 50% towards the final piece of equipment.

During a short discussion members voiced their full support to award £4053 towards the last Phase of the redevelopment of Odcombe Play Area.  On being put to the vote was carried unanimously.

 (voting: unanimous)

 (voting: unanimous)

The Community Development Officer presented the report and explained to members this application was towards the purchase of two katakanus, which are very stable canoes suitable for up to 6 people. They hoped this would increase the range of people accessing paddle sport including people with disabilities who may struggle to access the activity using normal craft.

During a short discussion members asked whether the bordering authority had been approached for funding due to the locality of the Club, however members appreciated it was an excellent facility with no other quite like it in the area.  It was therefore proposed and seconded that £1200 be awarded towards the purchase of two KataKanus.  On being put to the vote this was carried unanimously.

 (voting: unanimous)

 (voting: unanimous)

The Community Development Officer presented the report and explained to members work already undertaken by the group since 2012 for the refurbishment of the hall.  She explained they had managed to raise over £14,000 however, since then the porch had begun to leak and therefore a replacement porch and new guttering was urgently required. 

During a short discussion members questioned whether other funding possibilities had been explored including The Guide Association.  They also raised concern regarding the state of repair of the building and whether repairing the hall was cost effective, however they expressed their support for the Yeovil Girl Guides Division.

It was then proposed and subsequently seconded that an amendment be made to the officer’s recommendation as set out in the agenda report to ‘consider the award of £2000 towards the provision of accessible toilets and replacement porch and guttering from the community grants budget’.  On being put to the vote this was carried unanimously.

 (voting: unanimous)

The Development Manager presented the report and with the aid of a power point presentation provided member’s information in relation to HMO’s (Houses in Multiple Occupation) which included:

·         Overview of HMO’s including what is currently classed as an HMO and the requirement when Planning Permission in required.

·         Demand for HMO’s including current surge in demand due to changes in Housing Benefit and recognition of certain groups for such accommodation.

·         Extent of Issue – Estimated that up to 400 HMO’s across the district which equates to <1% of all privately owned properties.

·         Majority of HMO’s in Yeovil but also significant proportion in other market towns.

·         Information regarding HMO’s comes from Council Tax, Electoral Register, Licensing and Planning.

·         Impacts of HMO’s including how concentration can cause issues in the locality where certain areas lend themselves to HMO’s (large Victorian/Edwardian terraces) such as lack of parking, refuse storage and effect upon property prices in location.

·         Article 4 Directions under the Section 4 of the Town and Country Planning Act 1990.

He highlighted the key considerations to members which included:

·         Are HMO’s a significant issue in Yeovil?

·         Currently any HMO for more than 6 occupants is considered through a planning application.

·         Is this sufficient control or is there a justification to remove permitted development rights through an Article 4.

The Development Manager sought members views and asked that they provide direction as to whether they wish to carry out further work on progressing an Article 4 in relation to future HMO’s.

In response to questions the Development Manager and Area South Lead Officer informed members that:

·         Detailed survey would to be carried out to ascertain HMO’s hotspots with the area.

·         Production of established guidelines could be easier to defend at appeal, at the moment SSDC have none.

·         Existing HMO’s are not affected.

·         Rigorous and comprehensive process to undergo in order to complete the production of Article 4.

During discussion members raised several comments including:

·         East side of Yeovil particularly inundated with HMO’s.

·         Local residents quality of life diminishing creating parking issues, rubbish storage consequently becoming a Heath & Safety issue within the local community.

·         Article 4 would make for a more controlled and uniformed approach where designation can be restricted in certain areas.

At the conclusion of the debate, members expressed their wish for officers to embark upon further work on progressing Article 4 and to identify areas of concentration, the timescale and likely costs involved.  It was requested an update report be brought back to the Area South Committee in April.

RESOLVED: That members agreed that officers embark upon the production of Supplementary Guidance in relation to future proposals for HMO’s.

The Assistant Director, Communities updated members that the Area South Development Report and update on HMO’s would be brought to the April committee. 

She also advised that a cycling projects briefing would take place after the March committee.  Members will be advised of more detail in due course.

Members were also informed that an Economic Development Briefing will take place on 23^rd February 2016 at 3.30pm.

Members noted the Schedule of Planning Applications.

(This item was taken before Item 16 on the agenda.)

(Having earlier declared a Personal and Prejudicial Interest Councillor John Clark left the room during consideration of this item).

The Planning Assistant presented the report and with the aid of a power point presentation showed the site and proposed plans.  She explained the application had been brought to committee as Councillor John Clark had declared a pecuniary interest in the application due to his involvement with the applicant Solarsense UK Ltd.  She also clarified to members that the application had been submitted as part retrospective, however all works had now been completed.

She reported that no objections had been received from local residents or Yeovil Town Council and therefore her recommendation was to approve the application as set out in the agenda report.

During a short discussion members noted that no objections had been received from local residents or the Town Council and members expressed their support of the application.  It was then proposed and subsequently seconded that planning permission be granted as per the officers recommendation as set out in the agenda report.  On being put to the vote this was carried unanimously.

RESOLVED:

That application 15/05333/FUL be approved for the following reason, subject to:

01.       The proposed development, due to its design and materials, is not considered to result in any demonstrable harm to visual or residential amenity and demonstrates climate change mitigation and adaption and therefore accords with the aims and objectives of EQ1 (Addressing Climate Change in South Somerset) and EQ2 (General Development) of the South Somerset Local Plan (2006-2028) and the principles of the National Planning Policy Framework (2012).

SUBJECT TO THE FOLLOWING:

01.       Notwithstanding the time limits given to implement planning permission as prescribed by Sections 91 and 92 of the Town and Country Planning Act 1990 (as amended), this permission (being granted under section 73A of the Act in respect of development already carried out) shall have effect from the 26th October 2015).

            Reason:  To comply with Section 73A of the Act.

02.       The development hereby permitted shall be carried out in accordance with the following approved plans:

            Drawing numbers and drawings: site location plan, WESYEO/020 ISSUE B, WESYEO ISSUE A, WESYEO/024 ISSUE A, WESYEO/032 ISSUE A, WESYEO/034 ISSUE A, WESYEO/042 ISSUE A, WESYEO/044 ISSUE A and WESYEO/046 ISSUE A.

            Reason: For the avoidance of doubt and in the interests of proper planning

03.       The solar PV equipment shall be removed as soon as reasonably practicable when no longer needed.

            Reason: In the interests of visual amenity and to comply with saved policy EQ2 (General Development) of the South Somerset Local Plan (2006-2018) and the provisions of chapter 7 of the National Planning Policy Framework.

(voting: unanimous)