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Agenda and minutes

Venue: Council Chamber - Council Offices, Browfort, Devizes

Contact: Roger Bishton 

Items
No. Item

33.

Membership

To note the membership of the Committee as appointed by Council at its annual meeting on 15 May 2012, as set out at the front of the agenda.

Minutes:

Following full Council on 15 May 2012 it was noted the membership of the Committee had been amended to that as shown on the agenda packs.

 

The changes were as follows:

 

Cllr Howard Marshall was removed as a substitute member.

Cllr Bill Douglas was added as a substitute member.

34.

Apologies for Absence

Minutes:

Apologies were received from Cllrs Jane Burton and Nick Fogg.

 

Cllr Burton was substituted by Cllr Jeff Ody.

 

Cllr Fogg was substituted by Cllr Christopher Newbury.

35.

Minutes of the Previous Meeting

To approve and sign as a correct record the minutes of the meeting held on 26 April 2012 (copy attached).

Supporting documents:

Minutes:

The minutes of the previous meeting held on 26 April 2012 were presented.

 

It was,

 

Resolved:

 

That subject to the following changes:

 

Minute 29, Paragraph 8: Substitute “Statements in support of” with “Statements in objection to” and,

 

Minute 29, Resolution, line 3: Substitute “but” with “put”,

 

To APPROVE the minutes as a true and correct record.

36.

Declarations of Interest

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

Minutes:

Cllr Jeff Ody declared a personal interest in Minute 39(a): E/2012/0443/FUL – Former Gasholder Site, Land Adjacent to the Wharf, Devizes – as a member of the Trust for Devizes, who object to the proposal. He stated he was not an officer of the Trust, and had not been instrumental in forming their objection, and would consider the matter with an open mind.

37.

Chairman's Announcements

Minutes:

There were no announcements.

38.

Public Participation and Councillors' Questions

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 in person no later than 5.50pm on the day of the meeting.

 

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. The rules on public participation in respect of planning applications are detailed in the Council’s Planning Code of Good Practice.

 

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 Tuesday 29 May 2012. 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.

 

Minutes:

The Committee noted the rules on public participation.

39.

Planning Applications

To consider and determine planning applications in the attached schedule.

39.1

E/2012/0443/FUL - Former Gasholder Site, Land adjacent to The Wharf, Devizes, Wiltshire - Redevelopment to form 37 Retirement Apartments for Older People including Communal Facilities, Car Parking and Associated Landscaping

 A report by the Case Officer and a briefing note by Cllr Nigel Carter, the local Member are attached.

Supporting documents:

Minutes:

Public Participation

Mr Tony Duck, Trust for Devizes, spoke in objection to the application.

Mr Matthew Shellum, agent, spoke in support of the application.

 

 

The Planning Officer introduced his report which recommended approval. It was highlighted that a similar application (E/11/0057/FUL) had come before the Committee in 2011, been refused, and had then gone to appeal. The scheme had been revised following the Inspector’s decision to dismiss the appeal on the grounds that the eastern block of the development was too tall. The Inspector had considered the potential for noise from the adjacent public house and brewery yard to adversely affect future occupiers of the development but concluded that the mitigation measures being proposed by the applicant were adequate.  Officers considered that the revised scheme had addressed the Inspector’s sole concern regarding the height of the eastern block and this should be the focus for the committee’s consideration of the current application.

 

The Committee then had the opportunity to ask technical questions of the officers. A comparison of the scale with nearby structures was sought, and it was clarified that the overall height of the Eastern block had been reduced by 1.77m, which included a lowering of the ground height for the whole development of 0.5m.

 

Further questions included the impact on biodiversity for which a financial contribution from the developers was to be arranged, and the status of the land north of the site that was to be set aside in accordance with local policies for future construction of a public footpath. In response to queries, it was established that there was no stipulation of maximum density of dwellings for town centre locations, and that reference to sealed windows in the report would not include habitable room windows with single apertures, but corridors.

 

Members of the public then had the opportunity to address the Committee with their views, as detailed above. The views of the Local Member, Cllr Nigel Carter, were included within the report papers.

 

A discussion followed, wherein the attractiveness and suitability of the design was raised, including concerns regarding overdevelopment, a lack of open space and impact on local services. The views of the Planning Inspector that parking provision was appropriate and the design complimentary to the area was discussed, as was the overall impact of the development on the conservation area.


After debate, it was,

 

Resolved:

 

To defer and delegate to officers to GRANT planning permission, subject to the applicant entering into a S106 legal agreement to safeguard land for the canalside public footpath and to secure a contribution of £152,000 towards affordable housing (£144,000) and ecology mitigation (£8,000).

 

For the following reason:

 

The decision to grant planning permission has been taken on the grounds that the proposed development would not cause any significant harm to interests of acknowledged importance and would also give rise to significant benefits including provision of needed housing for the elderly, an affordable housing contribution, utilisation of a long unused contaminated Brownfield site, economic and environmental benefits as  ...  view the full minutes text for item 39.1

39.2

E/2012/0362/FUL - 1 Church Street, Little Bedwyn, Marlborough, SN8 3JQ - Erection of New Dwelling, Demolition of Existing Office (resubmission of E/2011/1569/FUL)

A report by the Case Officer is attached.

Supporting documents:

Minutes:

Public Participation

Mr Nick Loweth, local resident, spoke in support of the application.

Mr Mike Fowler, agent, spoke in support of the application.

Mr Spencer Canning, applicant, spoke in support of the application.

 

 

The Area Development Manager presented their report which recommended refusal. The key issues were highlighted as being the scale and impact on the landscape and Area of Outstanding Natural Beauty, the site being designated as being outside the village boundary, and the application history consistently determining the location as being unsuitable for further development.

 

The Committee then had the opportunity to ask technical questions of the officers.

 

Members of the public then had the opportunity to address the Committee with their views, as detailed above.

 

The Local Member, Cllr Stuart Wheeler, then spoke in support of the application.


A discussion followed, wherein the screen of trees offered by the applicant was raised, along with the offer to improve 7 acres of land near to the site. The judgement of previous Planning Inspectors was addressed along with the relevant planning policies for small village development.

 

After debate, it was,

 

Resolved:

 

That the application be REFUSED for the following reasons:

 

  1. The site lies beyond the built-up limits of the village and within the countryside, as acknowledged by two previous appeal decisions when permission was similarly refused for residential development on this site. The proposal does not meet any of the criteria set out in policy HC26 of the Kennet Local Plan 2011 that deals with development in this location and would lead to the creation of an unacceptable ribbon development along School Lane. The proposal is also contrary to national planning policy set out in the National Planning Policy Framework.

 

  1. The site is located within the Little Bedwyn Conservation Area and within the North Wessex Downs Area of Outstanding Natural Beauty. National and local planning policy seeks to preserve and enhance the character and appearance of the landscape in this location. This proposal would result in the replacement of the existing building with a much larger and bulkier development that because of the conspicuous nature of the site on the hillside, would have a significant adverse impact on the appearance of the landscape and the Conservation Area and would be unacceptably prominent in views from both close to the site and from public roads and rights of way in the vicinity. This would conflict with policies NR6 and PD1 of the Kennet Local Plan and with the Council's statutory duties to preserve the character and appearance of the Conservation Area and to conserve and enhance the natural beauty of the landscape within the AONB.

39.3

E/2012/0465/FUL - Barn at Dursden Lane, Pewsey, SN9 5JN - Conversion of Existing Agricultural Building to Dwelling

A report by the Case Officer is attached.

Supporting documents:

Minutes:

The application was withdrawn prior to the commencement of the meeting.

40.

Urgent items

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

 

Minutes:

There were no urgent items.