Agenda and minutes

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Contact: Jo Boucher, Case Services Officer (Support Services) - 01935 462011  Email:

No. Item


Apologies for Absence


Apologies for absence were received from Councillors Neil Bloomfield, Adam Dance, Tony Lock, Sue Osborne, David Recardo, Paul; Rowsell, William Wallace and Colin Winder.


It was noted that Councillors Kevin Messenger, Karl Gill, Mike Stanton, Robin Bastable and Linda Vijeh were attending as substitutes for Councillors tending their apologies.


Declarations of Interest


Councillor Jason Baker declared a personal interest as a member of the Chard Regeneration Board.


Councillor Linda Vijeh noted that she was also a member of the Area West Committee who had previously considered the application.


Public Question Time


There were no questions from members of the public present.


Planning Application: 19/01630/FUL - Land North of Boden Mill, Boden Street, Chard pdf icon PDF 1 MB


Erection of a leisure centre (D2 use class) and associated works, conversion and extension of a building to a library (D1 use class) and demolition of (and remedial works to) some existing curtilage listed buildings.


The Chairman noted that the Committee had been present during the officer’s presentation of the planning application to the Area West Committee meeting held immediately prior to the Regulation Committee meeting.  That presentation included the following information:-


The Specialist (Development Management) then presented the application with the aid of a power point presentation showing the various buildings to be retained or demolished and the proposed redevelopment of the site.  He noted that Historic England raised concerns about the loss of Building 1 and the Boiler House.  In respect of Building 1,  a number of different options were explored which included both full and partial retention of it.  It was explained that after a very careful assessment of the options and having taken into account Historic England’s concerns, the project team concluded that it was not viable to use all or retain part of the building. The key points were outlined in a letter from the Development Manager to Historic England. The Specialist (Development Management) outlined that very careful consideration had been given to Historic England’s concerns about the loss of Building 1.  Given the practical issues with retaining all or part of the building, the only option was to fully remove the building.  The next key step was then to assess whether it could be demonstrated that the substantial harm or total loss was necessary to achieve substantial public benefits that outweighed that harm or loss.  The officer concluded that in this case, it was considered that there were substantial public benefits to the scheme that outweighed the loss of building 1.  The scheme would provide a much needed new leisure centre and associated public facilities and public realm enhancements. It would provide economic, social, and environmental benefits to the town and form a key part of the regeneration plans for the town.   


In regard to the Boiler House, the Project team had fully taken on board Historic England’s advice and decided to retain this building.  


In order to comply with the requirements of the NPPF and Historic England advice in regard to seeking assurances that Phase 2 did take place following the demolition of Building 1, the Council’s Development Manager submitted a letter of comfort to the case officer. The case officer stated that the letter of comfort was submitted instead of seeking a s106 legal agreement as the Council cannot contract against itself.   


The Letter of Comfort included the following assurances:

  • No demolition to occur until a framework agreement has been entered into for the design and construction of the leisure centre.
  • The first planning applications and listed building consent applications for future phases (as shown in the masterplan) are to be submitted within 12 months (of the date of the obligation)
  • Boden Mill and Holyrood Mill to be marketed for residential conversion  ...  view the full minutes text for item 77.


Planning Application: 19/01631/LBC - Land North of Boden Mill, Boden Street, Chard pdf icon PDF 1 MB


Erection of a leisure centre (D2 use class) and associated works, conversion and extension of a building to a library (D1 use class) and demolition of (and remedial works to) some existing curtilage listed buildings.


This application was presented and considered with the concurrent full application which was the previous report on the agenda for 19/01630/FUL - Land North of Boden Mill, Boden Street, Chard.


The Specialist (Development Management) advised that although the proposal would mean the loss of some listed buildings within the town, there was substantial public benefit in allowing the scheme which outweighed the harm.


At the conclusion of the debate, the proposal to grant permission was carried by 9 votes in favour, 0 against and 1 abstention.



That Planning Application No. 19/01631/LBC be GRANTED permission for the following reason:-


01.  The proposed development will enable the regeneration of an important town centre site, providing a new leisure centre for the town and a range of other community, commercial and residential uses along with public realm enhancements. It is concluded that the public benefit of the scheme would demonstrably outweigh the identified harm to heritage assets. Moreover, it will bring back into positive use a number of listed buildings and associated buildings within the site.  The scheme is in accord with Polices EQ3 of the South Somerset Local Plan and the NPPF.




01. The works hereby granted consent shall be begun before the expiration of three years from the date of this consent.


Reason:  As required by Section 16(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990.


02.  Before the commencement of the development hereby permitted the applicant, or their agents or successors in title, shall have secured the implementation of a programme of historic building recording and archaeological work in accordance with a Written Scheme of Investigation (WSI) which has been submitted and approved in writing by the Planning Authority. The WSI shall include details of the building recording and archaeological excavation/monitoring of groundworks and the recording of the heritage asset, the analysis of evidence recovered from the site and publication of the results.  The development hereby permitted shall be carried out in accordance with the approved scheme.


Reason: To ensure that appropriate archaeological monitoring of the development and a report on any discoveries made as indicated in the National Planning Policy Framework is undertaken.


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

      Drawing numbers: CLC-AHR-S0-ZZ-DR-A-90-003 Rev P03, D1, CLC-AHR-LC-ZZ-DR-A-20-151, 152, 153 Rev P03, P1, CLC-AHR-LC-RF-DR-A-20-051 Rev P03 P1,  90-002, 003, 004, 005, 006, 007, 008, 010, 011, 021,022, 023, 24, 025, 253, 254 051, 55,-P01,P1.


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


04.   No building shall be occupied until the site archaeological investigation and the building recording work has been completed and post-excavation analysis has been initiated in accordance with Written Scheme of Investigation approved under the condition and the provision made for  ...  view the full minutes text for item 78.


Date of Next Meeting

The next scheduled meeting of the Regulation Committee will be held on Tuesday 17th September 2019 at 10.00am. 


Members noted that the next scheduled meeting of the Regulation Committee would be held on Tuesday 17th September 2019 at 10.00am.