Agenda and minutes

Apologies for absence were received from Cllr Christine Crisp (who was substituted by Cllr Chuck Berry) and Cllr Alan Hill (who was substituted by Cllr Mollie Groom).

To approve and sign as a correct record the minutes of the meeting held on 3 November 2010. (copy herewith).

Resolved:

To confirm and sign the Minutes of the meeting held on 3 November 2010 as a correct record.

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

Cllr Tony Trotman declared a personal and prejudicial interest in Minute No 129 (f) – Application No 10/03360/FUL, Hill Brook House, Quemerford, Calne, owing to his close family relationship to the applicant, and stated that he would leave the Council Chamber for the duration of the item.  

In view of the absence from the meeting of Cllr Alan Hill, the Vice-Chairman, it would be necessary to elect a Chairman for consideration of this application.

There were no Chairman’s announcements.

Members of the public who wish to speak either in favour or against an application 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. 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 for Members of Wiltshire Council available on request.

Members of the public addressed the Committee as set out in Minute No. 129 below.

An appeals update report is attached for information.

The Committee received and noted a report setting out details of:-

(i)                 forthcoming hearings and public inquiries between 11 November 2010 and 31 January 2011.

(ii)               planning applications received between 20 October and 11 November 2010.

(iii)             Planning appeals decided between 20 October and 11 November 2010.

To consider and determine planning applications in the attached schedule.

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  She introduced the report, which recommended approval, and drew Members’ attention to the late items.

Members of the Committee then had the opportunity to ask technical questions, after which the Committee received a statement from a member of the public as detailed below, expressing his views regarding this planning application.

Mr G Yates, representing  Wootton Bassett for Brynard’s Hill Interest Group, requested that conditions be strengthened to protect the hedgerow along the eastern boundary of the site. 

On hearing from Cllr Peter Doyle, the local Member and after discussion,

Resolved:

To approve the reserved matters for the following reason:

The scale, design and siting accords with the outline permission granted under 09/00871/OUT and would not result in the detrimental impact on any residential amenities, landscape, ecology, archaeology or highways.  The proposal thus accords with Policies C2, C3 and NE15 of the adopted North Wiltshire Local Plan 2011.

and subject to the following conditions:

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  She introduced the report, which recommended approval, and drew members’ attention to the late items.

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

On hearing the views of Cllr Jacqui Lay, the local Member and after discussion,

Resolved:

To grant planning permission for the following reason:

The proposed stables, riding arena and access are considered to be acceptable in this location where the built development will be largely screened by existing hedging and the new access, although removing a section of hedge, will not cause sufficient harm to justify a refusal. The application is considered to be in accordance with policies C3, NE15 (NE14) of the North Wiltshire Local Plan 2011.

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.The stables hereby permitted shall be used only for the private stabling of horses  owned by the occupier together with associated storage and for no commercial purpose whatsoever, including livery. The riding arena hereby permitted shall be used only for the exercise of horses owned and ridden by the occupier and kept at the site and for no visiting horses or for any other purpose.

REASON: In the interests of highway safety and/or to protect the living conditions of nearby residents.

POLICY—C3

3. Manure storage and disposal shall be by way of the method described in the applicant’s letter dated 28^th September 2010 and this method shall be permanently maintained thereafter.

REASON: In the interests of the amenity of the countryside.

POLICY C3

4.  There shall be no parking or stationing of horse boxes, trailers, caravans or other vehicles during the hours between dusk and dawn on the site notwithstanding any GPDO 1995 permitted development rights which may apply.

REASON: In order to protect the living conditions of nearby residents and/or the rural character of the area.

POLICY—C3

5. No development shall commence on site until details of finished levels, surfacing materials and any fences and gates have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

REASON: In the interests of visual amenity

6. The development hereby permitted shall be implemented in accordance with the submitted plans and documents listed below. No variation from the approved plans should be made without the prior approval of the local planning authority. Amendments may require the submission of a further application.

Location plan/block plan dated 4^th November 2010, elevation plan dated 18^th June 2010, access plan dated 4th November2010, arena plan dated 18^th June 2010

REASON: To ensure that the development is implemented as approved.  ...  view the full minutes text for item 129b

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  She introduced the report, which recommended approval, and drew members’ attention to the late items.

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

On hearing the views of Cllr Jacqui Lay, the local Member and after discussion,

Resolved:

To delegate to the Area Development Manager to clarify the legal position in respect of the storage of the existing caravan on the site in the context of condition 4 of 10/02416FUL and approve subject to amended conditions:

2.The stables hereby permitted shall be used only for the private stabling of horses  owned by the occupier together with associated storage and for no commercial purpose whatsoever, including livery. The riding arena hereby permitted shall be used only for the exercise of horses owned and ridden by the occupier and kept at the site and for no visiting horses or for any other purpose.

REASON: In the interests of highway safety and/or to protect the living conditions of nearby residents.

POLICY—C3

4. There shall be no parking or stationing of horse boxes, trailers, caravans additional to that already on site or other vehicles during the hours between dusk and dawn on the site notwithstanding any GPDO 1995 permitted development rights which may apply.

REASON: In order to protect the living conditions of nearby residents and/or the rural character of the area.

5. No development shall commence on site until details of finished levels, surfacing materials, any fences and gates have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

Reason: In the interests of visual amenity

POLICY C3

INFORMATIVE:

It is considered that four stables at this location are the maximum that are permissible having regard to the character and visual amenity of the area.

The following person spoke against the proposal:

Mr Glen Godwin, Pegasus Planning Group, representing Avebury Health Care.

The following people spoke in favour of the proposal:

Mr John Sneddon, the agent.

Mr Paul Barrett, a member of the Chippenham Golf Club.

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application. He introduced the report, which recommended refusal, and drew members’ attention to the late items.

Members of the Committee then had the opportunity to ask technical questions, after which the Committee received statements from members of the public as detailed above, expressing their views regarding this planning application.

On hearing the views of Cllr Howard Greenman, the local Member and Cllr Jemima Milton, the Council’s Cabinet Portfolio Holder for Adult Care both supporting the application mainly on account of the serious need for additional residential care facilities and after discussion,

Resolved:

To delegate to the Area Development Manager to grant planning permission subject to conditions following discussions with the applicant  to secure amendments to fenestration features on the south west corner block  having regard to the adjacent existing care home and completion of a Section 106  agreement or agreed conditions as appropriate in respect of age/disability criteria of occupants, marketing for local occupants, retention in perpetuity as a care home/extra care dwellings facility and an agreed travel plan.

REASONS     

By reason of the sites location immediately adjacent to substantial development on the edge of Chippenham and in acknowledgement of the great need for additional residential care home accommodation in the locality, it is considered that the proposed development would not visually harm the northern approach to Chippenham town and therefore be in accordance with the provisions of Policies C3 and NE15 of the adopted North Wiltshire Local Plan 2011

The following person spoke against the proposal:

Mr Cosgrave, a local resident.

The following person spoke in favour of the proposal:

Mr Eric Moore, the applicant.

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  He introduced the report, which recommended approval, and drew members’ attention to the late items.

Members of the Committee then had the opportunity to ask technical questions, after which the Committee received statements from members of the public as detailed above, expressing their views regarding this planning application.

On hearing the views of Cllr Dick Tonge, the local Member and after discussion,

Resolved:

To grant planning permission for the following reason:

The proposed development is considered to be acceptable based on its scale and design which are in keeping with the character and appearance of the property and will have not have a significant adverse impact on the amenities of neighbouring residents. The proposal is in accordance with Policies C3 and H8 of the North Wiltshire Local Plan (2011).

Subject to the following conditions:

(i)         Councillor Tony Trotman declared his personal and prejudicial interest in this item and left the room.

The remaining members were then invited to elect a replacement chair for the item and following nominations and voting it was,

Resolved:

That Cllr Peter Davis should act as Chair for this item.

(ii)        The following people spoke against the proposal:

Mrs Zoe Kelly, a local resident.

Mr Kelly, a local resident.

The following person spoke in favour of the proposal:

Mr Robert Willis, the applicant.

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  He introduced the report, which recommended refusal, and drew members’ attention to the late items.

Members of the Committee then had the opportunity to ask technical questions, after which the Committee received statements from members of the public as detailed above, expressing their views regarding this planning application.

The Committee then considered the application and it was

Resolved:

To refuse planning permissionfor the following reason:

The proposed development would have an overbearing, oppressive and therefore unacceptable effect upon the living conditions, privacy and general amenity of the adjoining residential property.  As such the proposal is considered to be contrary to the provisions of Policies C3 and H8 of the adopted North Wiltshire Local Plan 2011.

Cllr Tony Trotman thereupon rejoined the Committee and took the Chair.

The date of the next meeting has been scheduled to take place on Wednesday 15 December 2010. 

A Civic Carol Service is being held in Devizes on the same date starting at 7.00pm and in these circumstances the Committee is asked to consider changing the date of its meeting.

It was reported that the date of the next meeting had been scheduled to take place on Wednesday 15 December 2010. 

A Civic Carol Service was being held in Devizes on the same date starting at 7.00pm and in these circumstances the Committee was asked to consider changing the date of its meeting.

Resolved:

To meet on 15 December 2010 as scheduled in view of Members’ other commitments.

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.