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Declarations of Interest
To receive from Members, declarations of the existence of any disclosable pecuniary, or non-pecuniary, interests and the nature of those interests in relation to any agenda item. Please see Agenda Notes.
There were no declarations of interest.
To approve as a correct record the minutes of the meeting held on August 2nd 2022.
RESOLVED that: - the minutes of the meeting held on Tuesday 2nd August 2022 were approved and signed as a correct record by the Chair.
Please note that any late material in respect of the applications detailed below will be published as a supplement on the Council’s website in the late afternoon of the day before the meeting. Additional late material will be uploaded as a supplement on the Council’s website on the day of the meeting, should further relevant representations be received thereafter.
Late Material had been circulated in respect of agenda item 5 (Former Contract Chemicals Site, Bristol Road - 22/00293/FUL) and 6 (121 Elmleaze - 22/00113/FUL).
Application for determination:
Erection of 43 dwellings, comprising 13 houses and 30 flats, together with associated parking and landscaping.
He explained that it was back before Committee as there had been an administrative error before the previous Committee meeting, which had led to an interested party not being notified. Therefore, a decision was made to bring the application back before Committee so that all parties could make public representations.
A Senior Associate for Charles Russell Speechlys representing Avon Metals addressed the Committee in opposition to the application.
She argued that the application should be rejected on the following grounds:
- The consultation process was unsatisfactory.
- Their Specialist Noise Consultants had identified several fundamental flaws in the Applicant’s Noise Assessment Survey.
- Their noise specialists had submitted several representations but were not invited to speak at the August Planning Committee Meeting.
- Their objections were not taken seriously by officers.
- Their letter to the Committee identified several well founded and serious concerns.
- The proposed application site was approximately 135 metres away from Avon Metals. 135 metres was a short distance in noise terms, especially with the type of industrial noise involved and the prevailing south-westerly wind blowing from Avon directly towards the application site.
- There was a history of noise complaints generated from other residential sites built in the locality, which Avon Metals had to incur substantial costs to try and mitigate.
- The granting of the application was likely to generate new noise complaints.
- Avon Metals were deeply concerned about their ability to continue to operate unfettered should the application receive consent.
- The noise assessment conducted by WYG (now Tetratech) was unsatisfactory and did not comply with the BS4142 method of rating and assessing industrial and commercial sound.
- The Tetratech noise assessment took place in December 2018 and was considered to be out of date.
- To appropriately mitigate noise there would have to be a fundamental adaptation of the application which had not happened.
- The mechanical ventilation of the proposed builds only offered some benefit when all windows were kept permanently closed. Officers had not encouraged the developer to provide information to future occupiers of the development of the noise mitigation measures that government guidance recommends.
- The area is inappropriate for residential development.
- The planning officers have failed to properly assess the ‘agent of change’ principle.
- Officers failed to take account of night-time noise
The Noise Consultant for Tetra Tech addressed the Committee in support of the application.
He argued that it should be granted for the following reasons:
- The Noise Assessment undertaken was verified and had been conducted to an appropriate standard.
- The ‘agent of change’ principle was only applicable where there would be a significant impact on the ability of local businesses to operate. This application would not significantly impact the operation of the local business.
- There had been no noise complaints since 2016. ... view the full minutes text for item 27.
Application for determination:
Proposed 4 bedroom detached dwelling with associated access and parking.
The Senior Planner presented the report detailing an application for a proposed 4 bedroom detached dwelling with associated access and parking.
The Chair moved, and the Vice-Chair seconded the officer’s recommendation as amended in the late material.
RESOLVED that: - the application is granted subject to the conditions outlined in the report as amended in the late material.
Application for Determination:
The erection of 6 floodlights on the existing sports field.
The Planning Development Manger presented the report detailing an application for the erection of 6 floodlights on an existing sports field.
The Planning Development Manager responded to members’ questions concerning whether the timing restriction of 11pm was a standard one and whether light would shine directly into neighbouring buildings as follows:
- There was no set planning standard for the timing where floodlights were turned off. It is usually based on the amount of movement. If 11pm was deemed too late, this could always be reduced.
- The bedrooms of neighbouring properties should not be made brighter. The floodlights were targeted.
- The lights would have a control mechanism but would probably not be automated.
Councillor Tracey stated that she was happy to support the application but noted that the local football club had an issue with the floodlights being titled so that it affected neighbouring properties.
The Chair moved, and the Vice-Chair seconded the officer’s recommendation.
RESOLVED that: - planning permission is granted subject to the conditions outlined in the report.
To consider a schedule of applications determined under delegated powers during the month of July 2022.
The schedule of applications determined under delegated powers during the month of July 2022 was noted.
RESOLVED that: - the schedule be noted.
Councillor D.Brown asked what the best way to track an application was as the Cyber Incident had affected the Planning Portal. The Planning Development Manager responded that the best course of action was to email the case officer directly.
Date of next meeting
Tuesday October 4th, 2022 at Civic Suite, North Warehouse.
Tuesday 4th October 2022.