Agenda and draft minutes

To receive any apologies or substitutions for the meeting.

Apologies were received from Cllr Steve Bucknell.

Cllr David Bowler was substituted by Cllr Ruth Hopkinson.

Cllr Howard Greenman was substituted by Cllr Tom Rounds.

To approve as a true and correct record the minutes of the previous meeting held on16 April 2024.

The minutes of the last meeting of the Committee held on 16 April 2024 were considered for approval by the committee.

The committee expressed its disappointment that an earlier resolution, that required the Head of Planning to contact the Chairman to discuss the issue with regards to the Planning Appeal for Self-Build housing, did not take place.

The committee also expressed regret that Malmesbury Town Council felt the need to hold, and pass, a no confidence vote in Wiltshire Council’s planning process.

Resolved

To approve the minutes of the previous meeting held on 16 April 2024 as a true and correct record.

To express disappointment at the lack of discussion between the Head of Planning and the Chairman of the Northern Area Planning Committee, that a previous resolution had required, and to urge that this discussion take place.

To express regret that Malmesbury Town Council felt the need to hold a no confidence vote in Wiltshire Council’s planning process.

To receive any declarations of disclosable interests or dispensations granted by the Standards Committee.

There were no declarations of interest.

To receive any announcements through the Chair.

There were no Chairman’s announcements.

The Council welcomes contributions from members of the public.

Statements

Members of the public who wish to speak either in favour or against an application or any other item on this agenda are asked to register no later than 10 minutes before the start of the meeting. If it is on the day of the meeting registration should be done in person.

The rules on public participation in respect of planning applications are linked to in the Council’s Planning Code of Good Practice. The Chairman will allow up to 3 speakers in favour and up to 3 speakers against an application, and up to 3 speakers on any other item on this agenda. Each speaker will be given up to 3 minutes and invited to speak immediately prior to the item being considered.

Members of the public and others will have had the opportunity to make representations on planning applications and other items on the agenda, and to contact and lobby their local elected member and any other members of the planning committee, prior to the meeting.

Those circulating such information prior to the meeting, written or photographic, are advised to also provide a copy to the case officer for the application or item, in order to officially log the material as a representation, which will be verbally summarised at the meeting by the relevant officer, not included within any officer slide presentation if one is made. Circulation of new information which has not been verified by planning officers or case officers is also not permitted during the meetings.

Questions

To receive any questions from members of the public or members of the Council received in accordance with the constitution which excludes, in particular, questions on non-determined planning applications.

Those wishing to ask questions are required to give notice of any such questions in writing to the officer named on the front of this agenda no later than 5pm on Wednesday 15 May 2024 in order to be guaranteed of a written response. In order to receive a verbal response, questions must be submitted no later than 5pm on Friday 17 May 2024. Please contact the officer named on the front of this agenda for further advice. Questions may be asked without notice if the Chairman decides that the matter is urgent.

Details of any questions received will be circulated to Committee members prior to the meeting and made available at the meeting and on the Council’s website.

The Committee noted the rules on public participation.

To receive details of completed and pending appeals and other updates as appropriate.

Councillor Chuck Berry invited Simon Smith, Development Management Team Leader, to update the Committee on the pending and determined appeals as per the appeals report included within the Agenda Pack.

Following which, it was:

Resolved:

The Committee noted the appeals report for the period 5 April 2024 to 10 May 2024.

Single story front extension, replacement garage, and single story rear extension with sustainability improvements to whole house.

Public Participation

Ms Rebecca Drake and Mr Robert Elkins spoke in support of the application.

Officers from the Development Management Area Team introduced the report which recommended that the Committee reject planning permission, for a single-storey extension to the southwest side of the property which faces the front gardens and private driveway.

Key considerations identified included the principle of development and the green belt, with specific legal frameworks (NPPF) designed to protect such areas. It was quoted from the NPPF that:

“Inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances.”

Members of the Committee then had the opportunity to ask technical questions to the officer.

It was clarified that NPPF did not exist at time of the first extension to the building and was implemented in 2012. Although previous additions had all been granted permission, it was explained that cumulative developments must be considered regardless of what legislation existed at the time.

Members of the public then had the opportunity to present their views to the committee as detailed above.

A debate followed where councillors considered the compelling nature of NPPF to reject the application based on cumulative, disproportionate additions to the building. Councillors were persuaded that the ambiguities surrounding legislation on the green belt and NPPF exceptions allowed permission to be granted. Councillors referred to the officer’s report but disagreed with its conclusion given that Core Policies 57&58 were openly confirmed to have been adhered to.

Reference to the Equality Act were made given the additions of provisions for a disabled occupant within the plan.

It was noted that the local Parish Council had not objected, and the local member had actively supported the application.

During debate a motion to grant the application was moved by Cllr Dr Brian Mathew and seconded by Cllr Nic Puntis.

Resolved

In view of the very special circumstances of the proposals representing environmentally sustainable development, the family circumstances of the applicant, compliance with other policies within the adopted development plan and the lack of impact on openness, the proposed development is considered to not constitute inappropriate development in the Green Belt. Accordingly, resolved that planning permission be GRANTED, with the following standard conditions being attached:

1.    The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

REASON: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

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

Location plan Dwg:00

PR site plan Dwg:11

PR ground floor plan Dwg:12

PR roof plan Dwg:13

PR n&s elevations Dwg:14

PR e&w elevations Dwg:15

PR garage Dwg:16

Tree survey - garage Dwg:17

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

3.    No demolition, site clearance or development shall commence on site, and; no  ...  view the full minutes text for item 36.

Replacement and alteration of existing extensions to the main house. Internal and external alterations and addition of an air source heat pump and photovoltaic panels to the main house, replacement and enlargement of existing garage, together with driveway and landscape enhancement works.

Proposed Side and Rear extension and new roof over accommodate rooms in the roof.

Proposed Development is for a battery storage facility and ancillary infrastructure (Revision of PL/2022/00404).

Public Participation

Mr David Mitchell and Mr Martin Pollard (Applicant Representative)

spoke in support of the application. Wiltshire Council’s Climate Team also spoke in support.

Officers from the Development Management Area Team introduced the report which recommended that the Committee grant the application, subject to conditions, for a Battery Energy Storage System (BESS) with

a capacity of c.50MW. The batteries would be housed within containers and be supported by ancillary development, including transformers, inverters, and switch gear units. The site would also be surrounded by a security fencing, acoustic fencing, and new landscaping and biodiversity enhancements.

Key considerations identified included the scale of the development, visual impact, relationship to adjoining properties, and design.

Members of the Committee then had the opportunity to ask technical questions to the officer, of which there were none.

Members of the public then had the opportunity to present their views to the committee as detailed above.

A debate followed where councillors considered the potential presence of roman archaeological artefacts as raised by a member of the public, and whether a condition of an archaeological dig could be attached. The committee considered the application far less objectionable given it was screened by woodland, away from roads and communities.

The committee were pleased to see the submission from the climate team at Wiltshire Council.

During debate a motion to approve the application was moved by Cllr Dr Brian Mathew and seconded by Cllr Elizabeth Threlfall.

Resolved

Delegate back the planning officer to explore and consult with the Council Archaeologist following receipt of LiDAR information provided by local resident (Mr Mitchell).  In the event the Council Archaeologist does not raise further objections, then to grant planning permission in accordance with recommendation along with additional condition:

23.  Prior to the commencement of development, an Emergency Plan shall have been submitted to and agreed in writing by the Local Planning Authority.  The Emergency Plan shall include measures to address the consequences of any thermal runaway event, and in particular fire-fighting provision, water supply resilience and runoff contamination.  The agreed Emergency Plan shall be implemented for the duration of the life of the development.

REASON:  In the interests of securing the development that is safe and that the impact of any fire event at the site is reduced as far as is possible.

1.     The development hereby permitted shall begin before the expiration of three years from the date of this permission.

REASON: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

2.     Within six months of the commencement on site, a scheme for the decommissioning and restoration of the development shall have been submitted to and approved by the Loca Planning Authority, the details of which shall include howthe land will be restored back to fully agricultural use, apart from the retention of the planting as a valuable addition to the landscape, upon the development no longer being in operation  ...  view the full minutes text for item 39.

Any other items of business which, in the opinion of the Chairman, should be taken as a matter of urgency.

There were no urgent items.