The following minutes are currently in DRAFT FORM and will be approved by the Parish Council at their next meeting to be held in May 2017
MINUTES OF COMPTON MARTIN PARISH COUNCIL MEETING
HELD ON 10 APRIL 2017 AT 7.00 P.M.
IN COMPTON MARTIN VILLAGE HALL
Councillor C Craig (CC) (Vice Chairman)
Councillor A Jurkiw (AJ) (Vice Chairman)
Councillor Dr AA Palmer (AAP) (Chairman)
Councillor E Taylor (ET)
District Councillor V Pritchard
Jane Griffiths – Clerk
5 members of the public
1. To receive and accept apologies for absence
· Apologies were received and accepted from
Councillor J Halling-Brown (Holiday)
Councillor R Chapman (Attending a PCC Meeting)
Councillor K Moore (Work Commitments)
2. Receive comments from the public
· No comments were received
3. Receive declarations of interest in the agenda
Declarations of Interest were declared by
· Councillor Taylor – Agenda Item 9.2 (c) and 9.1. (c)
· Councillor Craig – Agenda Item 9.2 (c) and 9.1 (c)
Due to absence and declarations of interest the Parish Council will not be able to consider Agenda Item 9.2. (c) as the meeting will not be quorate. The Clerk was asked to organise a further parish council meeting before the end of April.
4. To approve and sign the minutes of the previous meetings
It was proposed and seconded that the minutes of 13 March 2017 be approved and signed. All in favour.
1.1 To confirm the following payments and signing of cheques:
Cheque No or Standing Order
Cheque signed by
Payee and Description
E Griffiths – Net Salary
ALCA – Annual Subscription
6. Assets of Community Value
To consider the evaluation criteria for Assets of Community Value in Compton Martin and to consider those assets and register those assets with B&NES.
When the Parish Council was considering the Chew Valley Neighbourhood Plan, two Assets of community Value were put forward and are in the Plan. It was agreed that the allotments in the Glebe Field should also be an Asset of Community Value. The Clerk was instructed to complete and submit the paperwork to Bath & North East Somerset.
7. Compton Martin Parish Council – Annual Parish Meeting
To receive a draft agenda for discussion and agreement
Individual councillors will liaise with the Clerk regarding their presentations.
8. Compton Martin Village Pump
To receive a report regarding a further payment received.
Due to absence this matter was not discussed and will be placed on the agenda for the next meeting. The Clerk to acknowledge the receipt of the invoice.
9. Planning Applications
1 To consider and comment on the following B&NES Planning Decisions received:
a) 17/00075/FUL – Land between Leamon Cottage and Mendip Villas, The Street, Compton Martin. The erection of 10no dwelling houses, including access on to The Street, 24no of street parking spaces, and associated soft/hard landscaping.
Applicant: Freemantle Developments (Compton Martin) Limited. – DECISION PENDING
b) 17/00693/FUL – Oakleaze, Bristol Road, Compton Martin - Proposed Second Storey - Extension on top of existing single extension. - APPLICATION WITHDRAWN
c) 17/00421/FUL – Feltham Lodge, The Coombe, Compton Martin – Erection of new detached garage (re-submission) - DECISION PENDING
2. To receive a report from the Planning Working Party and consider their recommendations regarding the following Planning Applications
a) 17/01412/CLEU - Treetops, Rectory Lane, Compton Martin.
Use of land as residential, domestic garden curtilage (Certificate of Lawfulness for an existing use).
The Parish Council noted comments from neighbours and it was proposed and seconded that the comments attached to these minutes are submitted to the Bath & North East Somerset and a copy should also be sent to the Public Rights of Way Officer for Bath & North East Somerset. All in favour.
b) 17/01409/CLPU – Oakleaze, Bristol Road, Compton Martin.
Erection of 2 storey rear extension (Certificate of Lawfulness for a proposed development). – No comments are required regarding this application.
c) 17/01382/TCA – Feltham Lodge, The Coombe, Compton Martin
Beech (T1-T2) Crown reduce by approx. 25% 4m in height and 3m laterally. Crown thin by 15% mainly be removing crossing branches. Crown lift to 4m, Silver Birch (T3-T6) Remove Ivy to ground level, Apple (T8) Fell, Norway Spruce (T10) Fell, Buddleia (A1) Fell.
Due to absence and declarations of interest the Parish Council was not able to consider this agenda item as the meeting was not be quorate. The Clerk will organise a further parish council meeting before the end of April.
10. To receive Updates from Working Parties
1. Combe View and The Batch
Nothing further to report
2. The Pond
CC confirmed action may need to be taken on the weed in the pond in the next few months. The situation is being monitored carefully.
The cost for the Fingerpost refurbishment has increased by £60. The cost will now be £2490. It was proposed and seconded that the increase be accepted. All in favour.
4. Broadband Working Party
CC was unable to provide any further information due to the legal challenge which is ongoing.
5. Footpath Working Party
ET was pleased to report the success of the Village Footpath Walk. A report is currently being compiled. It was agreed that letters of thanks to those who assisted in making the event such a success were to be sent on behalf of the Parish Council.
11. To receive reports from Councillors who have attended outside meetings and dates of future outside meetings.
· The Clerk was asked to attend the meeting arranged with the Ring O Bells. CC and ET will try to attend also.
12. To receive an update from District Councillor Victor Pritchard
· VP was pleased to report that Virgin Care Services took over the operation of providing the majority of the health care services for Bath & North East Somerset on the 1 April. The transition went very well.
13. Future Dates of Meetings
· ANNUAL PARISH MEETING - 26 April 2017 – 7.00 p.m. Compton Martin Village Hall
· Annual Parish Council Meeting – 8 May 2017 – 7.00 p.m. Compton Martin Village Hall
· Parish Council Meeting – 12 June 2017 – 7.00 p.m. Compton Martin
COMPTON MARTIN PARISH COUNCIL
Chairman: Dr Axel Palmer LLM PhD FRSA
Clerk: Jane Griffiths
The Old Mill,
Mill Lane, Compton Martin
Bristol, BS40 6NA
Tel: 01761 221702
10th April 2017
Bath BA1 1JG
Sheila Petherbridge, PROW Officer, B&NES
Christine Moorfield, Case Officer
17/01412/CLEU - Tree Tops, application for certificate of lawfulness, Use of land as residential, domestic garden curtilage
Compton Martin Parish Council considered the above planning application at their Parish Council meeting on 10 April 2017.
Compton Martin Parish Council objects in principle to this application.
The Parish of Compton Martin is one of seven parishes forming the Chew Valley Neighbourhood Plan. This Plan has been approved in a Referendum in February 2017 and now has legal status as part of the Statutory Development Plan against which planning applications are determined and to which full weight must be given.
The Planning Authority should note that the applicant does not appear to have taken the Neighbourhood Plan into consideration. It appears that pre-application advice has not been sought. Applicable policies: HDE1, HDE3, HDE4, HDE11, HDE12, HDE13.
The subject site is within the Mendip Hills Area of Outstanding Natural Beauty, it is close to the Compton Martin Conservation Area and straddles the village development boundary. The purpose of the application is to incorporate land outside the development boundary into the domestic curtilage of Tree Tops.
The application is selective in evidence adduced and the Planning Authority are invited to agree “that there is little or no requirement for the LPA to make an independent search for evidence.” The Parish Council does not agree. The aerial photographs are by no means as conclusive as the applicant advances. The 1984 sales particulars copied is limited to just one page. The issue of the development boundary would have been known at the time the property was purchased in 1984 and no doubt considered when the Conservation Area was created in 1993.
The application for some reason cites case law in aid of its claim but the applicant will know that in some cases the precedent has either not been followed or distinguished.
The presence of greenhouses may indicate some form of market gardening, rather than domestic plant growing. This would appear to be confirmed by the application for stating that there is an existing operation, rather than existing use. The date when the use commenced is stated to be 01/01/1980 but this does seem unlikely given other evidence, such as Ordnance Survey maps (October 1992).
The Parish Council has seen correspondence from neighbours which advise that Bath and North East Somerset Council is believed to own the bank on Rectory Lane, above which the subject site sits. The correspondence provides the Planning Authority with greater detail.
In the light paragraph 5.4 of the Statement to Support a Certificate of Lawfulness the Planning Authority should investigate the apparent inconsistencies between the evidence given by the applicant and the comments by neighbours.
Public Right of Way
The Parish Council is concerned to note that the footpath (CL 7/31) which runs through the subject farmland, close to the domestic residence appears to have been blocked and by some means diverted, seemingly without approval.
Bath and North East Somerset Council is under a statutory duty imposed under section 130 of the Highways Act 1980 to “assert and protect the rights of the public to the use and enjoyment of”, and “prevent so far as possible, the unauthorised stopping up or obstruction of” all these public rights of way.
The Parish Council is aware of the principle “once a highway, always a highway” (see R (Smith) v Land Registry  EWCA Civ 200) and invites the Planning Authority to investigate.
The Parish Council does not consider that there is a valid case for extending the housing development boundary into agricultural land. Furthermore, the Parish Council is concerned at the issues regarding the Public Right of Way.
Accordingly, and for the avoidance of doubt, the Parish Council objects to this application in principle.