Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Cllrs Alan Hill, Howard Marshall, Mark Packard and Simon Killane.

Cllr Packard was substituted by Cllr Bill Douglas, and Cllr Marshall was substituted by Cllr Desna Allen.

To approve and sign as a correct record the minutes of the meeting held on 22 February 2012.

The minutes of the meeting held on 22 February 2012 were presented.

It was,

Resolved:

To approve the minutes as a correct record.

Cllr Toby Sturgis declared a personal interest in Minute 16e: N/11/02514/FUL and N/11/03731/LBC - Scarrott’s Yard, Adjacent to 6 Old Court, Royal Wootton Bassett, as the applicant’s fairground business had been held on his land, but with no financial relationship. He stated the connection would not prejudice his decision.

To receive any announcements.

The Chairman explained the process of the meeting for those present.

The Chairman then noted the passing of former district and unitary Councillor, Peter Green, whose funeral was the day of the meeting, and invited Cllr Crisp to make a short statement. A minute’s silence was then held in respect.

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 Wednesday 7th March 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.

Consider and comment on the representations received to an Order, made under Section 119 of the Highways Act 1980, proposing to divert a section of Purton Bridleway 104. 

Public Participation:

Mr Alan Roberts spoke in objection to the item.

Dr Richard Pagett spoke in objection to the item.

Mr Brian Freegard spoke in objection to the item.

Mr Richard Moseley spoke in support of the item.

Mr George Hawkseworth spoke in support of the item.

Cllr John Crawford, Purton Parish Council, spoke in objection to the item.

The Rights of Way Officer introduced the item and presented the report, which recommended the Order be referred to the Secretary of State for the Environment, Food and Rural Affairs with the recommendation it be confirmed as made. Attention was also drawn to the late list of observations provided at the meeting.

The Rights of Way Officer outlined the history of the order and the current condition of the original and diverted bridleways, stressing that the diversion order had been made in the interests of the general public and the landowner, and that the legal criteria to support the order had been met.

The officer clarified that the options available for the Committee were to abandon the order, or to go with the officer’s recommendation.

Members of the public then had the opportunity to address the Committee on the item, as detailed above.

The Committee then had the opportunity to further discuss the proposals.

It was,

Resolved:

That the Order be referred to the Secretary of State for DEFRA for determination with the recommendation that it be confirmed as made.

An appeals update report is attached for information.

The Committee noted the update on the latest appeals.

The Planning Officer introduced the report which was recommended for approval. He drew attention to the late list of observations provided at the meeting, which altered the recommendation from temporary to permanent permission.

The Officer discussed previous objection to the site on highway grounds and efforts made to resolve these, and informed the Committee that approval would lead to an overprovision of Gypsy and Traveller pitches, but this was not considered detrimental the Council’s overall Core Strategy. Attention was also drawn to a recent appeal decision for a similar site near Semington.

The Committee then had the opportunity to ask technical questions to the officers. In response to queries, the Highways Officer clarified that the C1(South) junction, where all the traffic from the site would be diverted, had not been improved, and as the land was owned by a third party, further adjustments to the junction were not planned.

Cllr Toby Sturgis, representing the views of the Local Member, Cllr Jane Scott, then spoke in objection to the application.

A debate followed, where junction visibility, traffic increase and detrimental effect on local farmers were discussed.

It was,

Resolved:

That the application be REFUSED for the following reason:

1. The C1n/C1s junction has substandard visibility to the left (south) and is considered to be “seriously deficient”. Notwithstanding that although development would only give rise to modest additional daily vehicles movements at this junction, it is considered that the adverse impact on the highway would be material.  The proposal fails to accord with Policy C3 of the North Wiltshire Local Plan 2011.

Public Participation

Mrs Clare Evans spoke in support of the application.

Mrs Maureen Lloyd spoke in support of the application.

Mr Eric Stubbs spoke in support of the application.

The Planning Officer presented a report which recommended approval. He explained the current lack of lift facilities at Chippenham station and adequate provision for disabled or frail railway users. It was clarified that, at present, there were no plans for lift access on the north side of the station.

The Officer also stressed the presence of the Listed Building of the main station was a consideration, as was the appearance of the design, but that the plans had been amended several times during the planning process.

Members of 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 on the application, as detailed above.

The Local Member, Cllr Chris Caswill, requested the Committee defer the item to encourage a more appropriate visual design to be presented.

A debate followed, wherein the utilitarian design of the bridge was discussed, and specific materials for the cladding of towers and bridge assessed. Access to the lifts at night was also raised as a concern, which was clarified as a management issue for Network Rail. The environment consideration to reduce Wiltshire’s carbon footprint by encouraging increased rail usage, and the need to provide for those currently unable to easily use the station was also discussed.

It was,

Resolved:

In respect of 11/03802/DEM:

NO OBJECTION for the following reason:

The proposed demolition of the existing footbridge is considered to have a neutral or positive impact upon the setting of the Listed Building and the Chippenham Conservation Area.  The replacement footbridge is considered likely to cause some harm to the Conservation Area and setting of listed building.  However, the significant benefit to the community and users of the railway station through the creation of an accessible footbridge to the platform and rail services is considered to outweigh any harm that may be caused by the construction of the footbridge. The proposal is considered therefore to comply with the requirements of PPS5, with specific reference to Policy HE9.4. and Policies C3, HE1 and HE4 of the North Wiltshire Local Plan 2011.

Subject to the following condition:

1. No development shall commence on site until details of the stone work and zinc cladding to the lift towers and finish of the footbridge to be used on the development have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

REASON: In the interests of visual amenity and the character and appearance of the area.

In respect of Listed Building Consent 11/3798/LBC:

Listed Building consent be GRANTED for the following reason:

The proposed demolition of the existing footbridge is considered to have a neutral or positive impact upon the setting of the Listed Building.  The replacement footbridge is considered likely to  ...  view the full minutes text for item 16b

Public Participation:

Mr Vines spoke in support of the application.

Cllr Christopher Wannell, Royal Wootton Bassett Town Council, spoke in support of the application.

The Planning Officer presented the report and drew attention to the late list of observations provided at the meeting. The officer highlighted the highly visible nature of the site and the listed barn, inadequate provision of parking as a result of the lack of confirmed clear path to the proposed car ports with the in use depot, and the impact on amenity for neighbouring properties.

The Committee then had the opportunity to ask technical questions of the officers, where the closeness to the pavement of the proposed houses was queried.

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

A debate followed, wherein the lack of likely traffic increase was mentioned, the right to dictate on the applicant’s traditional way of life and human right’s concerns was raised, and the lack of detrimental effect on the conservation area.

After discussion, it was,

Resolved:

In respect of 11/02514/FUL

To DELEGATE to the AREA DEVELOPMENT MANAGER to APPROVE

For the following reasons:

The proposed development is considered to be in keeping with the character and appearance of the area, would not be detrimental to any residential amenties, highway safety or the setting of the Listed Building.  Further the circumstances of the applicants have been taken into account as Travelling Showpeople and their need to continue to live and work on the site in the manner proposed.  The development is thus considered to accord with Policies C3, HE1, HE4 and CF3 of the North Wiltshire Local Plan together with Core Policy 47 of the Wiltshire Core Strategy Pre-submission Document February 2012.

Subject to a S106 agreement to secure off site public open space provision together and

Subject to the following conditions:

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.Contamination – see below as not able to cut and paste into this due to size.

3. Notwithstanding the approved drawings, no development/works shall commence until details of the following matters have been submitted to and approved in writing by the Local Planning Authority:

(1)  Full details of the design, colour and materials for all new external doors, windows, dormers, stairs, gates and railings including cills, reveals and setback details for doors and windows shown on elevations at a scale of no less than 1: 5 (1:10 doors & gates) and sections to at a scale of no less than 1:2 (1:5 doors & gates).

(2)  Full details of the new roofs, including sections, eaves & verge details at 1:5.

(3)  Full details of the new chimneys, including elevations at no less than 1:5.

(4)  Full details of the new service routes, flues, vents and mechanical extracts,  ...  view the full minutes text for item 16c

Public Participation:

Mrs Patricia Simpson spoke in objection to the application.

Mrs Lucy Wright spoke in support of the application.

Mrs Kate Smith spoke in support of the application.

Cllr Pauline Lyons, Box Parish Council, spoke in objection to the application.

The Planning Officer introduced the report which recommended approval and drew attention to the late list of observations provided at the meeting. It was clarified that the application was to vary several conditions from a previous application to permit additional usage of the application site only.

The Officer explained the key issues as in relation to highways impacts, neighbour amenity, impact on the conservation area, and the impact of increase noise and odour.

The Committee then had the opportunity to ask technical questions of the officers. Specifics on how noise levels would be compared were sought, and the circumstances of the applicants were also sought.

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

The Local Member, Cllr Sheila Parker, spoke in objection to the application.

A debate followed, wherein the number of days the applicants could conduct business beyond 8pm was discussed, and it was clarified that a monthly plan for which nights would be extended would have to be submitted to Council officers, and how the conditions could be monitored was asked.

After discussion, it was,

Resolved:

That Planning Permission be GRANTED for the following reason:

The proposed variation to conditions, by virtue of the nature of the activities and hours of operation proposed, will not adversely affect the character or appearance of the site or its setting in a Conservation Area, and will not detrimentally affect highway safety or the residential amenity enjoyed by neighbours. The proposal therefore accords with Policies C3, HE1, HE4 and R5 of the adopted North Wiltshire Local Plan 2011.

Subject to the following conditions:

1. The coffee shop use shall only take place between the hours of 0800 hrs in the morning and 2300 hrs in the evening until 17 March 2013, after which date the hours of operation shall revert to 0800 hrs in the morning till 2000 hrs in the evening. The site shall then be used for a coffee shop and for no other purpose (including any other purpose in Class A3 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended by the Town and Country Planning (Use Classes) (Amendment) (England) Order 2005, (or in any provisions equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification).

REASON:  To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area and to enable monitoring of noise, nuisance and activity.

1.    The following uses:

-       Private dinner or breakfast functions;

-       Craft workshops;

-       Cookery classes; or

-       Children’s parties

Are permitted in connection with the existing business only and for no other purpose (including any other purpose  ...  view the full minutes text for item 16d

Public Participation:

Mr Rob Pickford spoke in objection to the application.

Mr Derek Weakford spoke in support of the application.

Mr Mike Quilter spoke in support of the application.

Mr Arlene Mudie spoke in support of the application.

Cllr David Willett, Cherill Parish Council, spoke in objection to the application.

The Planning Officer introduced the report which recommended the application be delegated to the Area Development Manager to allow the signing of S106 agreements to cover Public Open Space and Affordable Housing. Attention was drawn to the late list of observations provided at the meeting.

The long distance from the Listed cottage and subservience to neighbouring properties of the application was highlighted and was of a modest design with separate access.

The Committee then had the opportunity to ask technical questions of the Committee, and the acceptability of the access was discussed.

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

A debate followed, wherein it was clarified that appropriate development is permitted within conservation areas, and that the local area had seen many developments in recent decades.

After discussion, it was,

Resolved:

That the application is DELEGATED to the Head of Development Control to GRANT Planning Permission for the following reason:

The plans for the dwelling have now been significantly amended so that they reflect a simpler cottage style to be built in good quality brick with a grey slate roof, with traditional proportions and detailing. It is considered that the proposal now will preserve the character of the conservation area whilst allowing a new home and retention of the open character of the area. The proposal is therefore considered to comply with policies C3, H2, HE1 and HE4 of the North Wiltshire Local Plan 2011.

Subject to the signing of a S106 agreement in respect of Public Open Space and Affordable Housing 

And subject to the following conditions:

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. No development shall commence on site until details and samples of the materials to be used for the external walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

REASON:  In the interests of visual amenity and the character and appearance of the area.

POLICY: C3

3. No development shall commence on site until a scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include:

(a)   indications of all existing trees and hedgerows on the land;

(b)  details of any to be retained, together with measures for their protection in the course of development;

(c)   all species, planting sizes and planting densities, spread of  ...  view the full minutes text for item 16e

Public Participation:

Mr Mike O’Brien spoke in support of the application.

The Planning Officer presented the report which recommended approval. The Officer explained the history of the application, which had come before the Committee in November 2011.

The Committee then had the opportunity to ask technical questions of the officers. It was clarified that there are nearby establishments open until at least 11pm, and that there were no police concerns regarding anti-social behaviour specific to this application’s location and business.

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

After discussion, it was,

Resolved:

That Planning Permission be GRANTED for the following reason:

The proposal, due to its town centre location and limiting conditions, is considered to be compliant with policies C3, HE1 and NE9 of the North Wiltshire Local Plan 2011.

Subject to the following conditions:

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.