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							SCRUTINY BOARD                                                      Agenda tem: 12

                           Ward:             All

                           Portfolio:        Planning and Environment

FROM:          Janet Wilson                     Date: 3 December 2007
               Service Manager
               Development Control

SUBJECT: Update on Planning Appeals Performance April to
         September 2007 (half year)


                       This report gives an update on the appeals performance of
                       appeal decisions issued between 1st April 2007 and 30th
                       September 2007. It draws conclusions on performance and
    Summary:
                       undertakes a qualitative assessment of appeals where the
                       decisions reached by the Council differed from the
                       recommendations made at officer level.


Recommendation:        That the report be noted


Links to Priorities:   Delivery of Statutory Service

Impact on Service
                       None – within existing resource
     Plans:

    Financial          Need to minimise costs decisions in defence of Councils
  Implications:        decisions

     Legal
                       Seeking to ensure legally robust decisions
  Implications:
   Crime and
    Disorder           None
  Implications:
   Equalities
                       None
  Implications:




                                            1
INTRODUCTION

This report and attachments set out the Councils performance in the defence of planning
decisions taken at both delegated and Board level. It analyses decisions issued on appeals
between 1 April 2007 and 30th September 2007.

Members are provided with copies of appeal decisions as and when they arrive with the
Council however it is necessary to analyse the decisions to see how the Council is performing
overall.

The purpose of reporting the decisions is to monitor and evaluate the patterns and trends of
decisions and to ensure that the Council can critically review how its planning decisions
withstand challenge and to make any adjustments to its decision making which arise from the
process.

Statistical Analysis

Overall number of appeals
There were 47 appeal decisions received in the period under review. Of these only 22% were
allowed by the inspector 7% were the subject of split decisions (part approved and part
refused) with the remaining decisions either being dismissed or withdrawn. This compares
well with a national average of 30% decisions allowed and shows that the majority of the
refusals which were challenged were robustly defended or the applicants chose to withdraw
their appeal.

                              Appeal decisions April 2007 - Septem ber
                                               2008




                                 allow ed     w ithdraw n
                                   22%            13%
                                                                    withdrawn
                                 spit                               dismissed
                               decision                             spit decision
                                 7%                                 allowed

                                              dismissed
                                                 58%




Cases where decision consistent with officer recommendation

In cases where the case officers recommendation was consistent with the decision made by
the Council the success rate was 76% with a further 14% withdrawn – only 10% of this
category were allowed.



                                                 2
                               Appeals w here decision consistent w ith
                                      officer recom m endation




                                    Allow ed       Withdraw n
                                      10%             14%


                                                                          Wit hdrawn
                                                                          Dismissed
                                                                          Allowed




                                       Dismissed
                                          76%




Overturned officer recommendations

A total of 5 decisions which were overturned at planning board from a recommendation of
approval to refusal were challenged at appeal. 4 of these appeals were allowed and this
represents 80% of decisions with 20% being upheld. It is crucial to look at the nature of these
appeal decisions and the conclusions reached by the inspector before drawing any
conclusions regarding performance.
                             Appeal decisions on applications overturned
                             from recom m endation of approval to refusal
                                        by the Planning Board


                                               Withdraw n
                                                   0%

                                                    Dismissed
                                                       20%
                                                                          Wit hdrawn
                                                                          Dismissed
                                                                          Allowed



                                  Allow ed
                                    80%




A more detailed analysis of appeals is required in order to determine what the issues are.

Annexe A details the conclusions of the inspector on this set of appeal decisions and includes
appeals against overturned delegated decisions also.

Annexe B gives a summary breakdown of all decisions received.


                                                   3
The majority of these cases centred on issues relating to the impact on the development on
the character of the area and its surroundings. The impact of any development on amenity
and design grounds are subjective and are open to interpretation and often differing
conclusions can be drawn. With only 5 overturned decisions the sample is very small and the
statistical analysis therefore needs to be taken in context. However the performance in
defending these decisions is well below the national average of 30% of decisions being
allowed. In this sample 80% of the Boards decisions (where the recommendation was
overturned) challenged at appeal were allowed by the inspector and this does highlight the
need for members to be very clear about the reasons for disregarding professional advice and
they should only do so when the case is very robust.

It should be borne in mind that the overall performance of the council in defending its
decisions at appeal is good however this particular aspect in respect of overturns needs to be
closely monitored to ensure that the councils resources are used wisely.

In relation to Delegated decisions the success rate is robust with 79% being dismissed in line
with the Councils decision and only 8% being allowed contrary to it. This shows an
improvement from the last report where 20% were allowed and 75% dismissed.

                                 Delegated Refusals challenged at appeal
                                        breakdow n of Decisions




                                      Allowed      Withdrawn
                                        8%            13%


                                                                           Wit hdrawn
                                                                           Dismissed
                                                                           Allowed




                                       Dismissed
                                          79%




Appeals relating to applications subject to the Delegated Referral procedure

This process relates to where applications are, prior to their decision, referred to the local
elected member to consider both the issues raised and the conclusions which the planning
officers have reached in their deliberations on an application.

Only a small number (5) appeal decisions have been issued in this period relating to this type
of application. Of these refusals 80% of the appeals have been dismissed and the councils
stance verified by the planning Inspectorate.




                                                   4
                                Appeals follow ing Ward Mem ber Referrals




                                             Withdraw n
                                                 0%
                                  Allow ed
                                    20%
                                                                            Wit hdrawn
                                                                            Dismissed
                                                                            Allowed



                                                          Dismissed
                                                             80%




Appeals against non determination of planning applications

Such appeals occur when an applicant appeals to the secretary of state on the basis that the
council has not reached a decision. This can only take place if an application remains
undetermined beyond the 8 or 13 week period dependant on the type of application. In this
reporting period there have been 9 such applications (although it is worthy of note that all
these relate to the same site). In these cases the inspector has dismissed 45% and allowed
22% with the remaining 33% being split decisions (this is where part of the proposal is
allowed and part dismissed by the inspector).



                                 Appeals against non determ inaton (ie
                                 w here an appeal is lodged before the
                                     authority issued its decision)




                                 Split              Allow ed
                               Decisions              22%
                                 33%                                  Allowed
                                                                      Dismissed
                                                                      Split Decisions



                                                  Dismissed
                                                     45%




Enforcement Appeals

In this category a much higher number of appeals are withdrawn, this is frustrating for the
council as the resources involved in preparing its case is substantial, although it is important
to note that where an enforcement appeal is withdrawn the terms of the notice remain in
force. Only 25% of the enforcement appeals were allowed and again this shows performance
                                                      5
which is better than the national average where generally 30% of appeals are allowed.

                                            Enforcem ent Appeals




                                                      Allow ed
                                                        25%
                               Withdraw n
                                  38%                              Allowed
                                                                   Dismissed
                                                                   Wit hdrawn



                                                   Dismissed
                                                      37%




The performance of any Council at appeal is regarded as a good barometer to test whether
decision making is sound and whether issues pursued are well founded. This does of course
only relate to decisions which were negative as recommendations of refusal which are
overturned to approval are not the subject of challenge and these too can carry risk to the
council of its policies being undermined.

In respect of appeal decisions the performance of the Council for the first 6 months of the
year is better than national average, The performance on overturned decisions is an aspect
that will need to be closely monitored.

Recommendation

That the report be noted.

That the board notes that the report will also be placed on the Planning Board Agenda in
December.

Contact Officer Janet Wilson

Ext No 530

Background Papers

Appeal decisions on planning applications April 07 September 07.




                                                     6
Annexe A - Analysis of appeal issues where officer recommendations were overturned.
                                                                                       Board
                                                            Officer       Decision   delegated
 Application                        Date of     Appeal
    No.
                   Address
                                   Decision    Decision
                                                          Recommen          over-        or                  Inspectors conclusions
                                                            dation         turned    Enforcem
                                                                                        ent
                                                                                                 Main issues -1 effect upon highway safety and
                                                                                                 adequacy of the access - 2 whether the proposal
                                                                                                 should make provision for recreation facilities -
                                                                                                 He concluded that the site was previously
                                                                                                 developed land and within reasonable distance
                                                                                                 of the town centre - he accepted that there
                                                                                                 would be a tidal flow of traffic at certain times of
                                                                                                 day although the route has already been the
                                                                                                 subject of traffic calming measures. He was
                                                                                                 satisfied that access and egress would not be
                                                                                                 compromised and that highway safety would not
               Land to Rear of
                                                                                                 be harmed.       As the appellant had signed a
               Royal Mail, West
                                                                                                 unilateral undertaking prior to the appeal the
                Street, Wells -
                                                                                                 recreation issues had been satisfactorily dealt
                  Proposal -
                                                                                                 with. The inspector noted that the council was
042004/008      Erection of 24    12/07/2007   Allowed    Approve          Yes        board
                                                                                                 not opposed to the residential development of
               Dwellings with
                                                                                                 the site in principle and the buffer landscaping
                  roads car
                                                                                                 would provide an adequate separation. The
                 parking and
                                                                                                 inspector acknowledged that odours would be
                landscaping.
                                                                                                 noticeable within the development but it was the
                                                                                                 frequency of these which was at issue. The
                                                                                                 number and types of notice source for an urban
                                                                                                 edge and individually they do not give cause for
                                                                                                 concern, he was satisfied that subject to
                                                                                                 appropriate design the combining of noise
                                                                                                 sources would not be at a level to justify the
                                                                                                 dismissal of the appeal.                 Regarding
                                                                                                 contamination he regarded contamination to be
                                                                                                 feasible and therefore no substantial constraint
                                                                                                 to the development of the site.




                                                                      7
                                                                                        Board
                                                             Officer       Decision   delegated
Application                          Date of     Appeal
   No.
                   Address
                                    Decision    Decision
                                                           Recommen          over-        or                  Inspectors conclusions
                                                             dation         turned    Enforcem
                                                                                         ent
              Clares Factory                                                                      Main issues whether the proposal would be
              Site, East                                                                          likely to provide satisfactory living conditions for
              Somerset Way,                                                                       its future occupiers in relation to odour, noise
              Wells -                                                                             and the presence of contaminated land. The
              Redevelopment                                                                       inspector concluded that the prevailing winds
              of factory to                                                                       drive winds away from the site for the majority of
              provide 125                                                                         the time and that even when it did not all of the
              residential units,                                                                  site would be affected at one time - the
              sheltered                                                                           combined probability of lagoon emptying and an
              housing, a hotel                                                                    adverse wind direction would not be likely to
059882/017    with public          30/05/2007   Allowed    Approve          Yes        board      cause unacceptable nuisance, there had not
              house/restauran                                                                     been significant levels of complaint from existing
              t, office                                                                           residential properties.
              accommodation
              and alterations
              to access to
              include junction
              improvements
              with East
              Somerset Way.

                                                                                                  The inspector concluded that the proposal would
                                                                                                  significantly enlarge the store however it would
                                                                                                  be of pitched roof construction with clay tile roof
                                                                                                  to match the existing cottage and the
              Park View, Lulling                                                                  predominant use of stone and tiles led him to
              ton - Erection of                                                                   conclude that the proposal would not harm the
112019/014                         25/06/2007   Allowed    Approve          Yes        board
                outbuildings                                                                      character and appearance of the conservation
                and stables                                                                       area and thus there would be no conflict with the
                                                                                                  local plan policies. Noting the cottage was listed
                                                                                                  the store would be incidental to the cottage
                                                                                                  being much smaller and thus no harm would be
                                                                                                  caused to the setting of the listed cottage. The




                                                                       8
                                                                                        Board
                                                             Officer       Decision   delegated
Application                         Date of     Appeal
   No.
                   Address
                                   Decision    Decision
                                                           Recommen          over-        or                  Inspectors conclusions
                                                             dation         turned    Enforcem
                                                                                         ent
                                                                                                  stable building would be set apart and would be
                                                                                                  modest in size and therefore would have little
                                                                                                  impact on the appearance of the area It is
                                                                                                  timbered in nature and there are other such
                                                                                                  structures in the vicinity, small wooden buildings
                                                                                                  are to be expected in the countryside. He
                                                                                                  considered it would have no meaningful impact
                                                                                                  on the setting of the cottage.


                                                                                                  Main issues - effect of the proposed
                                                                                                  development on the character and appearance
                                                                                                  of the surrounding area. - He concluded that the
                                                                                                  character of the area was a mixture of different
                                                                                                  types and designs of dwelling and in his give the
              Land at Junction                                                                    proposed design would be in keeping with the
              of Forest Road &                                                                    style and proportions of the property
118693/002       The Copse,       08/08/2007    Allowed    Approve          Yes        board      immediately adjacent. The site was overgrown
              Frome - Erection                                                                    and did not currently make a positive
                of a dwelling                                                                     contribution to the street scene. There would be
                                                                                                  sufficient space to either side of it and beyond
                                                                                                  and it would not be cramped in relation to
                                                                                                  nearby dwellings.       The dwelling would be
                                                                                                  prominent in the street scene but would not in
                                                                                                  itself be harmful.
                                                                                                  Main issues - effect of the proposed
               Land to Rear of                                                                    development on the character and appearance
                 Hazelwood,                                                                       of the Pilton Conservation Area. He concluded
              Baker Lane, Piton                                                                   that there is a mixed pattern of development with
076157/004                        20/09/2007   Dismissed   Approve          Yes        board
                – Erection of                                                                     tight pockets of buildings and lower density
               Dwelling in the                                                                    areas.       The property lies within the more
                   garden                                                                         spacious part of the village and it is
                                                                                                  acknowledged as unsympathetic design and




                                                                       9
                                                                                       Board
                                                             Officer      Decision   delegated
Application                         Date of     Appeal
   No.
                   Address
                                   Decision    Decision
                                                           Recommen         over-        or                  Inspectors conclusions
                                                             dation        turned    Enforcem
                                                                                        ent
                                                                                                 suburban in setting and has an adverse effect
                                                                                                 on the Conservation Area.          The inspector
                                                                                                 acknowledged that the redevelopment of the site
                                                                                                 could be accommodated by demolishing the
                                                                                                 existing property but the current proposal seeks
                                                                                                 to retain the dwelling and garage and fit in a new
                                                                                                 dwelling and it is this which is unacceptable.
                                                                                                 The proposal would offer no visual cohesion and
                                                                                                 lacked integrity in terms of historical legitimacy
                                                                                                 or other justification for the spatial relationship
                                                                                                 with surroundings being discordant with the
                                                                                                 prevailing urban form. In addition the minimal
                                                                                                 garden, siting of the proposed garage and
                                                                                                 impact on the setting of the stream are all
                                                                                                 important factors.
                                                                                                 Main issues - effect on the character and
                                                                                                 appearance of the locality and the setting of
                                                                                                 chapel farm in addition the inspector added
                                                                                                 sustainability and density as issues.          The
              The Lawns, North                                                                   inspector regarded the site as remote from
                  Wootton .                                                                      facilities and therefore the occupants of the
                 Proposal -                                                                      development would be car dependant. The
                Demolition of                                                                    inspector disagreed with the council’s conclusion
                   existing                                                          member      that the presumption in favour of development of
059888/014                        21/05/2007   Dismissed   Approve         Yes
                dwelling and                                                         referral    previously developed land outweighed the
               redevelopment                                                                     unsustainable location.        Foremost in his
               of the site with                                                                  conclusion was the high degree of car
               four dwellings                                                                    dependency which would arise. He recognised
               and accesses.                                                                     that it would make more efficient use of land
                                                                                                 however it would be at a low density below the
                                                                                                 national indicative minimum and therefore the
                                                                                                 proposed density was not justified. A higher
                                                                                                 density could not be achieved without




                                                                     10
                                                                                      Board
                                                            Officer      Decision   delegated
Application                        Date of     Appeal
   No.
                  Address
                                  Decision    Decision
                                                          Recommen         over-        or                 Inspectors conclusions
                                                            dation        turned    Enforcem
                                                                                       ent
                                                                                                compromising the local environment so even if
                                                                                                the location had been acceptable in
                                                                                                sustainability terms the low density would have
                                                                                                weighed against the proposal. The proposal
                                                                                                would be visually intrusive and the proposal
                                                                                                does not justify the removal of important trees.
                                                                                                Overall the proposal would harm rather than
                                                                                                respect the character.




                                                                                                There would be a large degree of overlooking
                                                                                                from the outer edge of the deck and that degree
               2 Bowlish Lane,                                                                  of overlooking would be high and severe. It
              Bowlish, Shepton                                                                  would also be a prominent and incongruous
                  Mallet -                                                          member      feature in the surrounding area which would
118058/001                       04/05/2007   Dismissed   Approve         Yes
                 Proposal -                                                         referral    draw attention to rather than soften the position
                 Erection of                                                                    of the house.      These concerns cannot be
                  decking                                                                       satisfactorily resolved.    Proposal would be
                                                                                                harmful to the character and appearance of the
                                                                                                area and would not comply with policy Q1
                                                                                                Issues - impact on surroundings - the corner site
                                                                                                is uncharacteristically restricted and the gap
               Land adjacent 1
                                                                                                between it and the next property would be
                 Woodbury
                                                                                                narrow. The proposal would be cramped and
               Avenue Wells -                                                       member
118115/003                       12/07/2007   Dismissed   Approve         Yes                   out of keeping and the spacious landscaped
                Proposal - 2                                                        referral
                                                                                                character and appearance of the area would be
                bedroomed
                                                                                                harmed. Proposal would increase the built form
              detached house.
                                                                                                and harm the character and appearance of the
                                                                                                area.




                                                                    11
                                                                                       Board
                                                             Officer      Decision   delegated
Application                          Date of     Appeal
   No.
                   Address
                                    Decision    Decision
                                                           Recommen         over-        or          Inspectors conclusions
                                                             dation        turned    Enforcem
                                                                                        ent
              The Coffee Pot,
              46 Vallis Way,
              Frome, Somerset
              Variation of
              Condition 2 on
              Consent
              110852/004 to
                                                Withdra
110852/008    allow the sale,      30/05/2007              Approve         Yes        board      No decision as appeal withdrawn.
                                                  wn
              consumption and
              cooking of
              additional food at
              premises and
              installation of
              enlarged
              extraction flue




                                                                     12
Appendix B




                                                                               Recommen




                                                                                                                overturned

                                                                                                                             board del
                                                                                                Councils
                                                  Decision


                                                                 Decision




                                                                                                                 Decision
                                                                                                decision
                                                   Date of


                                                                  Appeal

                                                                                 Officer

                                                                                 dation




                                                                                                                              or enf
Plan No.                   Address                                                                                                                  Issues on which appeal determined



                  Units 9, 10 & 10a Fosse Lane




                                                                                                  enforcement




                                                                                                                             enforcement
                    Ind. Est, Shepton Mallet




                                                    05/04/2007


                                                                   Dismissed
                                                                                                                                                       Whether the use was lawful and
                  Unauthorised change of use




                                                                                                                                notice
                                                                                                                                                      establishing exactly when the use




                                                                                  N/A




                                                                                                                  n/a
101625/017ENF    from mixed use as a builder’s
                                                                                                                                                    commenced in relation to certificates of
                yard and for stone masonry to
                                                                                                                                                                 lawfulness.
                the use for the cutting shaping
                    and finishing of stone.

                                                                                                                                                     whether the development is materially




                                                                                                                             enforcement
                                                                                                  enforcement
                  Sams Yard, Allotment Drove,       16/04/2007


                                                                   Dismissed
                                                                                                                                                       harmful to the rural character and
                   Sharpham Unauthorised




                                                                                                                                notice
                                                                                                                                                  appearance of the area and whether there



                                                                                  N/A




                                                                                                                  n/a
101499/014ENF   breach of planning - change of
                                                                                                                                                   is an unacceptable degree of flood risk to
                   use from agricultural to
                                                                                                                                                    the development - whether the proposal
                 residential accommodation
                                                                                                                                                  would be harmful to the ecology of the area

                 Avalon Permaculture Gardens,
                Barton Rd, Butleigh - Change of




                                                                                                                                member referral
                use of agricultural land to use
                                                                                                                                                   Suitability of the site vehicle access and
                                                    16/04/2007




                for permaculture and personal
                                                                   Allowed


                                                                                  Refuse



                                                                                                                                                   local road system serving the proposed
                                                                                                  refuse
                 growth centre (education and


                                                                                                                  No
112031/004                                                                                                                                          use. Therefore highway safety and the
                    camping) conversion of
                                                                                                                                                      impact of the improvements on the
                    former stables to visitor
                                                                                                                                                    character and appearance of the area.
                 centre, erection of eco-cabin
                dwelling and new access over
                        adjoining field.




                                                                                           13
                                                                               Recommen




                                                                                                                 overturned

                                                                                                                              board del
                                                                                                 Councils
                                                  Decision


                                                                 Decision




                                                                                                                  Decision
                                                                                                 decision
                                                   Date of


                                                                  Appeal

                                                                                 Officer

                                                                                 dation




                                                                                                                               or enf
Plan No.                   Address                                                                                                            Issues on which appeal determined



                Avalon Permaculture Gardens,
                      Barton Rd, Butleigh -
                Enforcement Notice - Change




                                                                                                   enforcement
                of use of agricultural land to                                                                                               Suitability of the site vehicle access and




                                                    16/04/2007


                                                                   Allowed
                  use for permaculture and                                                                                                   local road system serving the proposed




                                                                                  N/A




                                                                                                                   n/a


                                                                                                                                enf
112031/005ENF       personal growth centre                                                                                                    use. Therefore highway safety and the
                   (education and camping)                                                                                                      impact of the improvements on the
                conversion of former stables                                                                                                  character and appearance of the area.
                 to visitor centre, erection of
                 eco-cabin dwelling and new
                             access


                                                    02/05/2007




                                                                                                 enforceme




                                                                                                                              enforceme
                                                                   Withdrawn




                                                                                                                               nt notice
                opposite Lambs Lair Farm, East




                                                                                  N/A




                                                                                                                   n/a
                                                                                                     nt
117839/000ENF                                                                                                                                        APPEAL WITHDRAWN
                           Harptree


                                                                                                                                            Impact on character and appearance of the
                                                    02/05/2007


                                                                   Dismissed




                                                                                                                                Delegated
                    41 Marsh Lane, Rode -
                                                                                  Refuse
                                                                                                                                             area and impact on trees, effect on living



                                                                                                   refuse
                  Proposed demolition and




                                                                                                                   No
119280/000                                                                                                                                      conditions of nearby residents and
                   erection of one building
                                                                                                                                             adequacy of the provision of recreational
                      containing 8 flats.
                                                                                                                                                             facilities.
                                                    04/05/2007


                                                                   Dismissed


                                                                                  Approve




                                                                                                                              member
                                                                                                                              referral
                  2 Bowlish Lane, Bowlish,
                                                                                                   refuse
                                                                                                                                            Impact of proposal on overlooking of the

                                                                                                                   Yes
118058/001       Shepton Mallet - Proposal -                                                                                                neighbouring property prominence of the
                    Erection of decking                                                                                                     development and impact on the character
                                                                                                                                            and appearance of the area




                                                                                            14
                                                                            Recommen




                                                                                                          overturned

                                                                                                                       board del
                                                                                               Councils
                                               Decision


                                                              Decision




                                                                                                           Decision
                                                                                               decision
                                                Date of


                                                               Appeal

                                                                              Officer

                                                                              dation




                                                                                                                        or enf
Plan No.                Address                                                                                                        Issues on which appeal determined



             Farmyard at Launcherley Cross,
               Launcherley Conversion of
                       buildings to
              business/industrial use (Use




                                                 09/05/2007


                                                                Withdrawn




                                                                                                                         Delegated
                                                                               Refuse
              Class B1), creation of a new




                                                                                                 refuse



                                                                                                            No
030743/004        vehicular access and                                                                                                           Appeal Withdrawn
                 driveway, alterations to
              existing vehicular access to
             form a pedestrian access and
             alterations to and provision of
                       boundaries


                                                 11/05/2007


                                                                Dismissed




                                                                                                                         Delegated
                                                                                                                                       effect on character and appearance of




                                                                               Refuse
               Crete House, Broadway,




                                                                                                 refuse
                                                                                                                                       village and whether the proposal would




                                                                                                            No
071521/008    Chilcompton Erection of six
                                                                                                                                        have an acceptable relationship with
                         flats
                                                                                                                                                neighbouring dwellings

              Wellhouse, Standerwick Court,
                                                                Dismissed


                                                                            Determine
                                               18/05/200




                                                                                              determina




                                                                                                                       decision
                 Beckington - Amended                                         Non-
                                                                                                                                      impact on the character and setting of the


                                                                                                 non

                                                                                                 tion


                                                                                                            n/a


                                                                                                                         no
108971/010   refurbishment and adaptation
                                                   7




                                                                                d
                                                                                                                                                   listed buildings
               of ancillary buildings as a
             building conservation centre.
                The Lawns, North Wootton .
                                                 21/05/2007


                                                                Dismissed




                                                                                                                                      Main issues - effect on the character and
                                                                               Approve




                                                                                                                       member
                                                                                                                       referral
                 Proposal - Demolition of
                                                                                                 refuse
                                                                                                                                     appearance of the locality and the setting of


                                                                                                            Yes
059888/014        existing dwelling and
                                                                                                                                     chapel farm in addition the inspector added
             redevelopment of the site with
                                                                                                                                        sustainability and density as issues.
              four dwellings and accesses.




                                                                                         15
                                                                               Recommen




                                                                                                                 overturned

                                                                                                                              board del
                                                                                                 Councils
                                                  Decision


                                                                 Decision




                                                                                                                  Decision
                                                                                                 decision
                                                   Date of


                                                                  Appeal

                                                                                 Officer

                                                                                 dation




                                                                                                                               or enf
Plan No.                   Address                                                                                                            Issues on which appeal determined



                 Greenacre, 35 Marston Road,




                                                                                                   enforcement
                 Frome Enforcement appeal




                                                    23/05/2007


                                                                   Allowed
                against unauthorised change




                                                                                  N/A




                                                                                                                   n/a


                                                                                                                                 enf
012442/009ENF   of use of land from domestic                                                                                                       impact on adjacent properties
                  residence to mixed use of
                domestic manufacturing and
                            office




                                                                                                                              enforcement
                                                                                                   enforcement
                                                    29/05/2007


                                                                   Dismissed
                  103 Oakfield Road, Frome -




                                                                                                                                 notice
                                                                                                                                             impact of perimeter boundary on site and




                                                                                  N/A




                                                                                                                   n/a
119035/001ENF    Erection of a one metre high
                                                                                                                                                surroundings, impact on amenity
                 fence on top of existing wall


                    Clares Factory Site, East
                     Somerset Way, Wells -
                 Redevelopment of factory to
                 provide 125 residential units,                                                                                              Main issues whether the proposal would
                                                    30/05/2007




                                                                                  Approve
                                                                   Allowed

                sheltered housing, a hotel with                                                                                                be likely to provide satisfactory living




                                                                                                   refuse




                                                                                                                                 board
                                                                                                                   Yes
059882/017      public house/restaurant, office                                                                                             conditions for its future occupiers in relation
                      accommodation and                                                                                                        to odour, noise and the presence of
                    alterations to access to                                                                                                             contaminated land
                        include junction
                   improvements with East
                         Somerset Way.




                                                                                            16
                                                                                Recommen




                                                                                                             overturned

                                                                                                                          board del
                                                                                                  Councils
                                                   Decision


                                                                  Decision




                                                                                                              Decision
                                                                                                  decision
                                                    Date of


                                                                   Appeal

                                                                                  Officer

                                                                                  dation




                                                                                                                           or enf
Plan No.                 Address                                                                                                          Issues on which appeal determined



             The Coffee Pot, 46 Vallis Way,
             Frome, Somerset Variation of




                                                     30/05/2007


                                                                    Withdrawn
             Condition 2 on Consent




                                                                                   Approve



                                                                                                    refuse




                                                                                                                            board
             110852/004 to allow the sale,




                                                                                                               Yes
110852/008                                                                                                                                       APPEAL WITHDRAWN
             consumption and cooking of
             additional food at premises and
             installation of enlarged extraction
             flue
              Cliff View House, Long Street,                                                                                            impact on the character and appearance of




                                                     11/06/2007


                                                                    Dismissed




                                                                                                                            Delegated
                                                                                   Refuse
              Croscombe Construction of a                                                                                               the Croscombe Conservation Area and the




                                                                                                    refuse



                                                                                                               No
109415/001    new dwelling and alterations                                                                                               setting of the listed Cliff View House and
              to front walling to form new                                                                                                    whether the development was a
                          access                                                                                                                      sustainable form
              Cliff View House, Long Street,
                                                                                                                                        impact on the character and appearance of
                                                     11/06/2007


                                                                    Dismissed




                                                                                                                            Delegated
               Croscombe Installation of



                                                                                   Refuse
                                                                                                                                        the Croscombe Conservation Area and the




                                                                                                    refuse
                central heating system,




                                                                                                               No
109415/003                                                                                                                               setting of the listed Cliff View House and
                  internal alterations to
                                                                                                                                              whether the development was a
              bathroom and kitchen and
                                                                                                                                                      sustainable form
                change window to door
                                                     18/06/2007


                                                                    Dismissed




                                                                                                                            Delegated
                                                                                   Refuse


                 Valley Farm Bungalow
                                                                                                    refuse



                                                                                                               No
055904/006      Chilcompton Erection of a                                                                                                             highway safety
                        dwelling




                                                                                             17
                                                                                 Recommen




                                                                                                               overturned

                                                                                                                            board del
                                                                                                   Councils
                                                    Decision


                                                                   Decision




                                                                                                                Decision
                                                                                                   decision
                                                     Date of


                                                                    Appeal

                                                                                   Officer

                                                                                   dation




                                                                                                                             or enf
Plan No.                   Address                                                                                                          Issues on which appeal determined



                 Downside School, Stratton-On-




                                                      22/06/2007


                                                                     Dismissed




                                                                                                                              Delegated
                The-Fosse - Planning appeal -




                                                                                    Refuse
                                                                                                                                             impact on the simplicity of the listed




                                                                                                     refuse
                  conversion of loft space to




                                                                                                                 No
110021/028                                                                                                                                  building and whether the development
                   accommodate additional
                                                                                                                                            would be harmful to the listed building
                  bedrooms and insertion of
                   conservation roof lights
                 Downside School, Stratton-On-
                  The-Fosse Listed Building




                                                      22/06/2007


                                                                     Dismissed




                                                                                                                              Delegated
                                                                                    Refuse
                  appeal - conversion of loft                                                                                                impact on the simplicity of the listed




                                                                                                     refuse



                                                                                                                 No
110021/029          space to accommodate                                                                                                    building and whether the development
                   additional bedrooms and                                                                                                  would be harmful to the listed building
                insertion of conservation roof
                             lights
                                                      25/06/2007




                                                                                    Approve
                                                                     Allowed




                                                                                                     refuse




                                                                                                                              board
                Park View, Lulling ton - Erection




                                                                                                                 Yes
112019/014                                                                                                                                The impact on the character and
                 of outbuildings and stables
                                                                                                                                          appearance of the conservation and on the
                                                                                                                                          setting of the cottage.
                                                      02/07/2007




                                                                                                   enforceme




                                                                                                                            enforceme
                                                                     Withdrawn




                                                                                                                             nt notice
                  Land Adj. 3 Brook Cottages,
                                                                                    N/A




                                                                                                                 n/a
                                                                                                       nt
117082/006ENF                                                                                                                                      APPEAL WITHDRAWN
                    Lower Street, Chewton
                                                      04/07/2007


                                                                     Dismissed




                                                                                                                              Delegated
                                                                                    Refuse




                 Idlewild, Gipsy Lane, Frome -                                                                                            impact on the character and appearance of
                                                                                                     refuse



                                                                                                                 No
034307/007       Erection of 5 Holiday Villas                                                                                                 the area and development outside
                      and ancillary store                                                                                                           settlement boundaries




                                                                                              18
                                                                                Recommen




                                                                                                              overturned

                                                                                                                           board del
                                                                                                  Councils
                                                   Decision


                                                                  Decision




                                                                                                               Decision
                                                                                                  decision
                                                    Date of


                                                                   Appeal

                                                                                  Officer

                                                                                  dation




                                                                                                                            or enf
Plan No.                   Address                                                                                                         Issues on which appeal determined




                                                     10/07/2007




                                                                                                  enforceme




                                                                                                                           enforceme
                                                                    Withdrawn




                                                                                                                            nt notice
                    Unit 14 & 15, Lodge Hill




                                                                                   N/A




                                                                                                                n/a
                                                                                                      nt
067542/007ENF    Industrial Estate Station Road                                                                                                   APPEAL WITHDRAWN
                     Westbury Sub Mendip


                Land to Rear of Royal Mail, West




                                                     12/07/2007
                                                                                                                                         Main issues -1 effect upon highway safety




                                                                                   Approve
                                                                    Allowed
                   Street, Wells - Proposal -




                                                                                                    refuse




                                                                                                                             board
                                                                                                                                          and adequacy of the access - 2 whether




                                                                                                                Yes
042004/008       Erection of 24 Dwellings with
                                                                                                                                          the proposal should make provision for
                    roads car parking and
                                                                                                                                                    recreation facilities
                         landscaping.


                                                     12/07/2007


                                                                    Dismissed


                                                                                   Approve




                                                                                                                           member
                                                                                                                           referral
                   Land adjacent 1 Woodbury




                                                                                                    refuse



                                                                                                                Yes
118115/003        Avenue Wells - Proposal - 2
                 bedroomed detached house.                                                                                               Issues - impact on surroundings - harm the
                                                                                                                                         character and appearance of the area.
                                                     08/08/2007




                                                                                   Approve
                                                                    Allowed


                Land at Junction of Forest Road



                                                                                                    refuse




                                                                                                                             board
                                                                                                                Yes
118693/002      & The Copse, Frome - Erection
                         of a dwelling                                                                                                   Effect of the proposed development on the
                                                                                                                                         character and appearance of the
                                                                                                                                         surrounding area.
                                                     15/08/2007


                                                                    Dismissed




                                                                                                                             Delegated
                   Frome Town Football Club
                                                                                   Refuse



                                                                                                    refuse


                   Badgers Hill Berkley Road                                                                                             impact on character and appearance of the
                                                                                                                No
101190/021
                         Erection of                                                                                                                 surrounding area
                  telecommunications mast




                                                                                             19
                                                                          Recommen




                                                                                                      overturned

                                                                                                                   board del
                                                                                           Councils
                                             Decision


                                                            Decision




                                                                                                       Decision
                                                                                           decision
                                              Date of


                                                             Appeal

                                                                            Officer

                                                                            dation




                                                                                                                    or enf
Plan No.               Address                                                                                                     Issues on which appeal determined



             Land Adj. Donkey Cottage & 33




                                               15/08/2007


                                                              Dismissed




                                                                                                                   member
                                                                                                                   referral
                                                                             Refuse
              Lower Street, W/Horrington -




                                                                                             refuse
                                                                                                                                 Effect on highway safety and character and




                                                                                                        No
119569/000   Development of a new house
                                                                                                                                          appearance of the village.
                in southern part of the
              gardens of both properties.

                                                                                                                                   Whether the proposal would conflict with




                                               20/08/2007




                                                                                                                     Delegated
                                                              Allowed


                                                                             Refuse
                Lower Farm, Faulkland,                                                                                                policies for the control of housing




                                                                                             refuse



                                                                                                        No
106970/023      Radstock Erection of a                                                                                           development in the open countryside and if
                      dwelling                                                                                                    so whether other considerations outweigh
                                                                                                                                                      this.

                                               23/08/2007


                                                              Dismissed




                                                                                                                     Delegated
              Overlea, Henton, Nr Wells




                                                                             Refuse



                                                                                             refuse
              Proposed replacement of                                                                                            impact on character and appearance of the




                                                                                                        No
119203/000
             workshop/store with a single                                                                                              countryside surrounding area
                  storey dwelling.
                                               24/08/2007


                                                              Withdrawn




                                                                                                                     Delegated
                                                                             Refuse



                                                                                             refuse
               Lower Farm, Lottisham, Nr




                                                                                                        No
110737/004                                                                                                                                APPEAL WITHDRAWN
                     Glastonbury


             The Old Singers Factory, Cork
                Street, Frome -Proposed
                                               28/08/2007


                                                              Dismissed




                                                                                                                     Delegated
                                                                             Refuse




             conversion and extension of
                                                                                             refuse



048499/016    former factory into 2 retail                                                              No                             impact on adjacent properties
               shops and 12 apartments
              without compliance with a
                        condition.




                                                                                      20
                                                                             Recommen




                                                                                                         overturned

                                                                                                                      board del
                                                                                              Councils
                                                Decision


                                                               Decision




                                                                                                          Decision
                                                                                              decision
                                                 Date of


                                                                Appeal

                                                                               Officer

                                                                               dation




                                                                                                                       or enf
Plan No.                Address                                                                                                       Issues on which appeal determined




                                                  29/08/2007


                                                                 Withdrawn




                                                                                                                        Delegated
                                                                                Refuse



                                                                                                refuse
             Land to Rear of 45 Leigh Road,




                                                                                                           No
119470/000                                                                                                                                   APPEAL WITHDRAWN
                         Street




                                                  04/09/2007


                                                                 Dismissed




                                                                                                                        Delegated
              Land at Lower Chatley Farm,                                                                                              Impact on public safety, in particular




                                                                                Refuse



                                                                                                refuse
              Woolverton Display of a non                                                                                               confusing or distracting road users,




                                                                                                           No
A11129/000
               illuminated freestanding                                                                                               together with impact on character and
               advance directional sign                                                                                                   appearance of the countryside.


                                                  06/09/2007


                                                                 Dismissed




                                                                                                                        Delegated
                                                                                Refuse
               59 Somerton Road, Street -




                                                                                                refuse
                                                                                                                                    effect of the development on the character




                                                                                                           No
119663/000     Single Garage and parking
                                                                                                                                            and appearance of the area
                         space


                                                                                                                                       Compliance with national policies on
                                                  07/09/2007


                                                                 Dismissed




                                                                                                                        Delegated
               Land adjoining 46 Westhay                                        Refuse                                                  sustainable development, effect on


                                                                                                refuse



                                                                                                           No
059776/004     Road, Meare Erection of a                                                                                              highway safety, effect of the proposed
                       dwelling                                                                                                         development on the character and
                                                                                                                                             appearance of the area.
                                                12/09/200




             Hapsford Mill, Hapsford, Frome -
                                                               Dismisse




                                                                                                                      Delegate
                                                                                Refuse



                                                                                                refuse


              Alterations to building and
                                                                                                           No
071370/003                                                                                                                                   Unsustainable location
                                                    7


                                                                  d




                                                                                                                         d
                change of use to part of
               second floor to form a flat




                                                                                         21
                                                                         Recommen




                                                                                                       overturned

                                                                                                                    board del
                                                                                            Councils
                                               Decision


                                                           Decision




                                                                                                        Decision
                                                                                            decision
                                                Date of


                                                            Appeal

                                                                           Officer

                                                                           dation




                                                                                                                     or enf
Plan No.                Address                                                                                                  Issues on which appeal determined




                                               20/09/200
                                                                                                                                  Main issues - effect of the proposed




                                                           Dismisse



                                                                            Approve
              Land to Rear of Hazelwood,




                                                                                              refuse




                                                                                                                      board
                                                                                                                                   development on the character and




                                                                                                         Yes
076157/004   Baker Lane, Piton - Erection of




                                                   7


                                                              d
                                                                                                                                 appearance of the Pilton Conservation
                       Dwelling
                                                                                                                                                 Area




                                               26/09/200




                                                                                           determina
             Hall House, Standerwick Court,




                                                           Dismisse




                                                                                                                    decision
             Beckington - change of use as                                                                                      impact on the character and setting of the




                                                                                              non
                                                                            N/A




                                                                                              tion


                                                                                                         n/a


                                                                                                                      no
108971/009




                                                   7


                                                              d
                 garage and readapt as                                                                                                       listed buildings
                   dwelling extension
             Court House, Standerwick Court,

                                               26/09/200




                                                                                           determina
                                                           Decision




                                                                                                                    decision
               Beckington - sundry internal



                                                            Split
                                                                                                                                impact on the character and setting of the




                                                                            N/A

                                                                                              non

                                                                                              tion


                                                                                                         n/a


                                                                                                                      no
108971/011     alterations and repairs - new
                                                   7
                                                                                                                                             listed buildings
               stone conservatory and new
                     steel glasshouse
                                               26/09/200




                                                                                           determina
                                                           Decision




                                                                                                                    decision
               Stable, Standerwick Court,
                                                            Split
                                                                                                                                impact on the character and setting of the




                                                                                              non
                                                                            N/A




                                                                                              tion


                                                                                                         n/a


                                                                                                                      no
108971/012    Beckington adapt interior to
                                                   7



                                                                                                                                             listed buildings
                        dwelling

               Wall/Oil Tank, Standerwick
                                               26/09/200




                                                                                           determina




                                                                                                                    decision
                                                             Allowed




             Court, Beckington pound and
                                                                                                                                impact on the character and setting of the
                                                                            N/A

                                                                                              non

                                                                                              tion


                                                                                                         n/a


                                                                                                                      no
108971/013      buttery wall adaptation
                                                   7




                                                                                                                                             listed buildings
               following land reduction
                         works
                Barn, Standerwick Court,
                                                             Dismissed
                                               26/09/200




                                                                                           determina




                                                                                                                    decision
              Beckington - Barn Theatre -
                                                                                                                                impact on the character and setting of the
                                                                            N/A

                                                                                              non

                                                                                              tion


                                                                                                         n/a


                                                                                                                      no
108971/014   adapt interior to conference
                                                   7




                                                                                                                                             listed buildings
              centre and rebuild forge as
                          office




                                                                                      22
                                                                            Recommen




                                                                                                         overturned

                                                                                                                      board del
                                                                                            Councils
                                               Decision


                                                              Decision




                                                                                                          Decision
                                                                                            decision
                                                Date of


                                                               Appeal

                                                                              Officer

                                                                              dation




                                                                                                                       or enf
Plan No.                Address                                                                                                        Issues on which appeal determined



              Gym/Poolhouse, Standerwick




                                                                                          determinatio




                                                                                                                        no decision
                                                 26/09/2007
             Court, Beckington Alteration of




                                                                Allowed
               pool rehabilitation of brew                                                                                            impact on the character and setting of the




                                                                               N/A

                                                                                              non




                                                                                                           n/a
108971/015




                                                                                               n
                  house and pool house                                                                                                             listed buildings
                 building as as gym and
                    changing facilities
                 Folly, Standerwick Court,




                                                                Dismissed
                                               26/09/200




                                                                                          determina




                                                                                                                      decision
              Beckington Refurbishment of
                                                                                                                                      impact on the character and setting of the




                                                                               N/A

                                                                                             non

                                                                                             tion


                                                                                                           n/a


                                                                                                                        no
108971/016   folly building and tennis court




                                                   7
                                                                                                                                                   listed buildings
               and rehabilitation of sports
                           facility




                                                                                                                        no decision
                                                 26/09/2007




                                                                                          determinati
               Walled Garden, Standerwick



                                                              Decision
                                                               Split
                   Court, Beckington -                                                                                                impact on the character and setting of the




                                                                                             non
                                                                               N/A




                                                                                                           n/a
                                                                                              on
108971/017
             rehabilitation of walled garden                                                                                                       listed buildings
             arbour orchard and orangery.




                                                                                     23

						
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