Agenda and minutes

To receive any apologies for absence.

Apologies were received from Cllrs Christopher Humphries, Christopher Williams and Laura Mayes.

Cllr Humphries was substituted by Cllr Jerry Kunkler.

Cllr Mayes was substituted by Cllr Jonathan Seed.

To approve and sign as a correct record the minutes of the meeting held on 19 July 2012.

The minutes of the meeting held on 19 July 2012 were presented, and it was,

Resolved:

To APPROVE as a true and correct record and sign the minutes.

To receive any declarations of pecuniary or non-pecuniary interests or dispensations granted by the Standards Committee.

There were no declarations.

To receive any announcements through the Chair.

It was confirmed application E/2012/0408/FUL - Darrells Farm, Ramsbury - had been withdrawn by the applicant.

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 Thursday 02 August 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.

The Committee noted the rules on public participation.

The Area Development Manager introduced a report which recommended approval. It was highlighted that 20% of the shop  units in The Brittox were currently vacant, and that in a correction to the report papers, the application was for the ground floor of the property only. It was also noted that the proposal was for a change of use only, and that the key issues included finding a viable new use for the listed building to prevent decay, and whether the application would contribute to the vitality and viability of the town centre.

The Committee then had the opportunity to ask technical questions of the officers. There were no public speakers regarding the application.

The Local Member, Cllr Nigel Carter, then spoke in support of the application.

A discussion followed, where the implications of the National Planning Policy Framework in relation to the individuality of town centres was raised, along with the number of Coffee shops already current in Devizes, the impact on the paved area outside the proposed site and the position of the Town Council, not in objection, was noted.

At the conclusion of debate, it was,

Resolved:

That Planning Permission be GRANTED for the following reason:

The decision to grant planning permission has been taken on the grounds that the proposed development, by bringing a vacant unit in a listed building located in a prominent position in the conservation area into a viable new use, would make a positive contribution to the vitality and viability of the town centre. This would be in accordance with policy ED18 of the Kennet Local Plan and with the guidance contained within the National Planning Policy Framework.

Subject to the following conditions:

Conditions

Public Participation

Mr R Iliffe, applicant, spoke in support of the application.

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

Cllr Timothy George, Ogbourne St George Parish Council, spoke in objection to the application.

The Planning Officer introduced a report which recommended the application be delegated to the Area Development Manager for approval subject to the applicant entering into a S106 agreement as listed in the report. The current poor state of the buildings on the site and the details of the 15 planned dwellings were highlighted.

The Committee then had the opportunity to ask technical questions of the officers. It was noted that the number of affordable houses was one less than requested by the Council’s Head of New Housing, but that the number was in line with emerging policy. The ownership of the green space to be created by the developers was raised, and it was stated that it would be available to all village residents, and that ownership would be transferred to Wiltshire Council and, if requested, could then be transferred to the Parish Council.

A discussion also arose over to what extent the Committee had legal authority to give priority for the affordable homes to be occupied by people with a close connection to the village, rather than the wider area of Wiltshire generally.

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

The Local Member, Cllr Jemima Milton, then spoke in objection to the application.

A discussion followed, where the extension of the development into some greenfield land was raised, and whether it amounted to material harm. The highways impact was discussed, and it was noted there were no objections from Highways officers.

Parish Council involvement in design of the children’s play area, and the need for the play area to be constructed as early as possible in the development in the event of permission, was also raised. The Committee further debated whether the negative impact of the development outweighed its positives for the village.

After debate, it was,

Resolved:

That the application be DELEGATED to the Area Development Manager to GRANT planning permission subject to the applicant entering into a S106 legal agreement to secure the affordable housing provision, transfer of land and  financial contributions for the maintenance of the play area and the green and financial contributions towards educational provision 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 having regard to the National Planning Policy Framework, to Kennet Local Plan 2011 policies PD1, HC24, HC32, HC35, HC37 and NR7 and to Wiltshire and Swindon Structure Plan 2016 policy C8.

Subject to the following conditions:

Please note that this application was withdrawn and will not be discussed at the meeting.

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

Public Participation

Mrs Edith Jenssen spoke in objection to the application.

Mr Rovert Trevis spoke in objection to the application.

Mr Tim Watts spoke in objection to the application.

Mr Richard Cosker, agent, spoke in support of the application.

Mr Chris Mastin-Lee spoke in support of the application.

Mr Mike McPherson spoke in support of the application.

Cllr Chris Saunders, Chairman, Easterton Parish Council, spoke in objection to the application.

The Planning Officer introduced a report which recommended the application be delegated to the Area Development Manager to approve subject to the applicant entering into a S106 agreement as detailed in the report. It was stressed that the site was a separate infill plot from that of the neighbouring thatched cottage, and that the roadside boundary and landscaping would be maintained. The key considerations included the principle of development and the impact on the character and appearance of the surrounding conservation area, which officers deemed acceptable.

The Committee then had the opportunity to ask technical questions of the officers, and the definition of an infill plot was sought.

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

The Local Member, Cllr Lionel Grundy, then spoke in objection to the application.

A debate followed, where the impact on the nearby Grade II* listed building was highlighted, and the cumulative impact of this development and the others that had previously taken place adjacent on the appearance of the conservation area was assessed. The objections of the Council’s Conservation Officer were also noted and debated.

After discussion, it was,

Resolved:

To REFUSE Planning Permission for the following reasons:

1.    The proposed development would harm the setting of Kestrels, a Grade II* listed building.  As such it would be contrary to policy PD1 (B3 & B7) of the adopted Kennet Local Plan 2011, Core Policy 58 of the emerging Wiltshire Core Strategy and government policy contained in Section 12 of the National Planning Policy Framework 2012.

2.    The proposal would constitute an overdevelopment of the site which would contribute to the cumulative gradual erosion of the rural character of this part of the conservation area.  As such it would be contrary to policy PD1 (B2, B3 & B7) of the adopted Kennet Local Plan 2011, Core Policy 58 of the emerging Wiltshire Core Strategy and government policy contained in Section 12 of the National Planning Policy Framework 2012.

3.    The design of the proposed dwelling does not draw on the local context and is not complimentary to the locality.  As such it would fail to enhance local distinctiveness and would be harmful to the character and appearance of this part of the conservation area.  The proposals are therefore contrary to policy PD1 (B2, B3, B7, B8 & B9) of the adopted Kennet Local Plan 2011, Core Policy 57 of the emerging Wiltshire Core Strategy and government policy contained in Section 7 of the National Planning Policy Framework 2012.

There were no urgent items.