Agenda and minutes

1)    To receive any apologies for absence.

2)    To note any changes to Membership of the Committee following the Annual General Meeting of Council on 15 May 2012.

1)    Following full Council on 15 May 2012, there were the subsequent changes to the Committee:

Cllr Desna Allen (Formerly Sub) was appointed a full Member.

Cllr Howard Marshall (Formally Full Member) was appointed a Substitute Member.

Cllr Paul Darby was removed as a Substitute Member.

Cllr Judy Rooke was appointed a Substitute Member.

2)    Apologies were received from Cllr Desna Allen.

Cllr Allen was substituted by Cllr Bill Douglas.

To approve and sign as a correct record the minutes of the meeting held on 25 April 2012.

The minutes of the meeting held on 25 April 2012 were presented. It was,

Resolved:

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

Cllr Peter Doyle declared a personal interest in Minute Number 40a: Westwood Farm, Rode Hill, Colerne - by virtue of being a member of the Cotswold Conservation Board, but stated the connection would not prejudice his decision and he would contribute and vote with an open mind.

Cllrs Tony Trotman and Alan Hill declared a personal interest in Minute Number 40b: Land at Station Road, Calne - by virtue of being members of Calne Town Council. They declared they would consider the matter impartially in debate, but would abstain from voting.

To receive any announcements from the Chair.

The Chair gave details of fire exits, asked the public to switch of their mobile phones, and explained the procedure of the meeting.

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 09 April. 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. There were no questions submitted.

An appeals update report is attached for information.

The Committee noted the contents of the appeals update, in particular noting the Public Inquiry for Ridgeway Farm, Application number 10/04575/OUT which was currently ongoing.

Attention was drawn to the late list of observations provided at the meeting, and attached to these minutes, in relation to items 7c, and 7e.

Public Participation

Mrs J Keevil spoke in objection to the application.

Mr Robert Alderman spoke in objection to the application.

Mr Graham Brewster spoke in objection to the application.

Mr Jonathan Rainey, agent, spoke in support of the application.

Cllr Richard Campbell, Box Parish Council, spoke in objection to the application.

The Planning Officer introduced the report which recommended planning permission be granted. It was established that the main issues were the principle and visual impact of the design within the context of the surrounding area and main property.

Members than had the opportunity to ask technical questions of the officers. The ground level of the proposed Greenhouse compared to the main property and the visibility of the new build were raised, and it was clarified that a condition had been included to ensure horticultural anti-glaze glass.

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

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

A debate followed, during which the purpose of the Greenhouse was discussed, along with the scale of the proposed build in proportion to the existing property. It was noted that Colerne Parish Council were supportive of the application.

After debate, it was,

Resolved:

That Planning Permission be GRANTED for the following reason:

In the context of the existing formal garden, water features, terracing and substantial house, the proposed development is no considered to result in an unacceptable impact upon the AONB or Green Belt and as such is in accordance with Policies C3, NE1 and NE4 of the adopted North Wiltshire Local Plan 2011 and the guidance contained in the National Planning Policy Framework at the national level.

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 of anti-glare glazing to be used on the south and east facing roof and side elevations 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.

3. 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.

Plans: BRS.2189_02-1, BRS.2189_04-1, BRS.2189_07, BRS.2189_07-1c, BRS.2189_15-A,  GA 001 D, GA 002A,  GA 002A all dated 16th March 2012.

REASON: To ensure that the development is implemented as approved.

Public Participation

Mr William Kay spoke in support of the application.

The Planning Officer introduced the report which recommended that planning permission be granted subject to conditions.

The main issues in relation to the application were the principle of the development, the impact upon residential and visual amenity and the provision of additional community, recreational facilities through the proposed extension to the skate park.

It was noted that the application was supported by Calne Area Board, and there were no objections from the Public Protection Team.

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 Howard Marshall, then spoke in support of the application.

A debate followed, where the objections in relation to anti-social behaviour at the site was discussed. It was stressed that the anti-social behaviour related to those congregating at and misusing the site principally at night, and not to users of the facilities which were to be expanded. It was also noted that Calne Town Council had taken several steps to address the problem of anti-social behaviour in the area.

After discussion, it was,

Resolved:

That Planning Permission be GRANTED for the following reason:

The proposed extension to the existing skate park will ensure the continued use of a well supported local recreation facility which accords with the Policy C3 and CF2 of the North Wiltshire Local Plan and the aims of the National Planning Policy Framework 2012.

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. Prior to the first use of the proposed skate bowl a 2.0 m high feather-edged lapped timber fence of 15 kg/m² minimum density, with no holes shall be erected on the boundary of the site in a position to be first agreed in writing with the local planning authority.  The fence as erected shall be maintained in a good condition thereafter.

REASON:  the fence is necessary as a noise attenuation measure to protect the amenity of local residents from the noise generated by use of the skate bowl and to comply with policy C3.

3. 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.

Plans

Site Location Plan (17/02/12), Sections (17/02/12), Dimensions/Block Plan (17/02/12), Computer Generated Visual (17/02/12), Typical Construction Details (5182-4-1 and 5182-4-2) (27/01/12)

REASON: To ensure that the development is implemented as approved.

Public Participation

Cllr Ian McKay, Chairman of Crudwell Parish Council, spoke in objection to the application.

The Planning Officer introduced the report, which recommended that planning permission be granted subject to conditions. It was noted that the application was retrospective, as planning permission is not required if the existing rifle range is used for 28 days or less per year.

The main issues in respect of the application related to the noise and impact on nearby Rights of Way, visual amenity and highways considerations and range safety. It was stressed that many of the concerns around safety, for example appropriate certification of the owner, were not relevant to the planning authority from a developmental control perspective.

The Committee than had the opportunity to ask technical questions of the officers. The gradient of the rifle range, height of the butt stop to catch bullets, orientation of the site, impact of unexpected noise on walkers and horses, and the distance to public Rights of Way were all raised.

The public bridleway was clarified as being 400m from the firing point of the range, and that management of the site was the responsibility of the site owner. It was also noted that most firearms used at the site were moderated for sound, and that the police firearms licensing department regarded the range as safe.

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

The Local Member, Cllr Carole Soden, then spoke in objection to the application.

A debate followed, during which the impact on the Rights of Way from increased and unexpected noise was discussed, along with the appropriateness and effectiveness of the site design and the suitability of highways access with increased traffic.

After debate, it was,

Resolved:

To REFUSE planning permission for the following reason:

The proposed development would prejudice the use and enjoyment of the bridleway due to sudden noise and the perception of danger contrary to Section 130 of the Highways Act and Policy T5 of the North Wiltshire Local Plan 2011 and the National Planning Policy Framework which seeks to protect and enhance public rights of way.

Public Participation

Mr Peter White (statement presented by Cllr Judy Rooke on his behalf) spoke in objection to the proposal.

Mrs Natalie Cook spoke in objection to the application.

Mr Salvatore Mallia spoke in objection to the application.

Mr Paul Cormen, agent, spoke in support of the application.

The Planning Officer presented the report which recommended that authority be delegated to the Area Development Manager to grant permission subject to conditions and the signing of a Section 106 legal agreement. The main issues were identified as the principle of the development and the impact on privacy and amenity of existing neighbours and potential occupants.

The Committee then had the opportunity to ask technical questions of the officers. Questions were raised regarding the provision of parking and the section 106 money being tied to development of John Coles Park. It was clarified that parking was considered reasonable for the area, and that public space contributions had to be designated to specific locations, which must be relative and reasonable for the development location, with John Coles Park the nearest such space.

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

The Local Member, Cllr Judy Rooke, then spoke regarding the application, which she wished to see deferred for more information to be gathered on and negotiations with developers made.

A debate followed, during which the orientation and scale of the detached dwelling of the application was raised, and the necessity of reversing onto the highway highlighted.

After debate, it was,

Resolved:

To DEFER for one cycle for the following reasons:

To obtain highways clarification and their attendance at the next meeting;

To seek to negotiate alterations to the proposed detached dwelling either in terms of its re-orientation or reduction in scale.

Public Participation

Mr Barry Gibbs spoke in objection to the application.

Mr Gareth Lambert-Jones, applicant, spoke in support of the application.

Cllr Roger Budgen, St Paul Without Parish Council, spoke in objection to the application.

The Planning Officer introduced the report, which recommended that authority be delegated to the Area Development Manager to grant planning permission subject to an acceptable legal agreement and the conditions proposed in the report.

The main issues for the Committee to consider were identified as the principle of the development, the impact on the character and appearance of the area and the impact on the amenity of existing neighbours and potential occupants.

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 John Thompson, then spoke in objection to the application.

A debate followed, during which the issue of garden builds was raised. It was clarified that there is no local policy prohibiting house builds in gardens. In response to queries, it was also stated that the greenfield or brownfield nature of the site was not relevant to the application as it lay within the framework boundary.

It was further discussed that there were no Tree Protection Orders in place at the site, that the proposed building would be screened, and there was discussion of the scale and attractiveness of the design in the context of the area.

After debate, it was,

Resolved:

That authority be DELEGATED to the Area Development Manager to GRANT Planning Permission for the following reason subject to an acceptable legal agreement and the conditions set out below:

It is considered that the high quality bespoke design of the proposed new dwelling will be a striking addition to the settlement whilst not impacting negatively on the character and appearance of the established residential estate. The local planning authority has therefore determined that the development is considered to be acceptable on its planning merits as the proposal is compatible and complimentary to policies C3 and H3 of the North Wiltshire Local Plan 2011 and meets the Governments overarching aim for achieving sustainable development. Having regard to all other matters raised, planning permission is granted subject to the following conditions.

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  ...  view the full minutes text for item 40e

The Planning Officer introduced the report which recommended that planning permission be granted subject to conditions. The main issue was noted to be the principle of development and impact on amenity. It was stressed the main extension had already been approved, and that it was the additional expansion of that extension which was to be decided. It was noted that the application had been altered since submission.

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

The Local Member, Cllr Jane Scott, then spoke regarding the confusion arising from the application, and noted that building work had already begun on the site.

A debate followed, wherein the need to vary conditions as a result of work having already started was discussed.

It was,

Resolved:

To DELEGATE to the Area Development Manager for APPROVAL

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 further 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, NE4, HE1, HE4, H8

3. No further development shall commence on site until a sample wall panel, not less than 1 metre square, has been constructed on site, inspected and approved in writing by the Local Planning Authority.  The panel shall then be left in position for comparison whilst the development is carried out.  Development shall be carried out in accordance with the approved sample.

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

POLICY: C3, NE4, HE1, HE4, H8

4. No further development shall commence on site until details of all eaves, verges, windows (including head, sill and window reveal details), doors, rainwater goods, chimneys, 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, NE4, HE1, HE4, H8

5. No further development shall commence on site until details of the finish to external timber, including any paint or stain to be used on the external walls and window joinery have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details prior to the development being first brought into use / occupied.

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

POLICY: C3, NE4, HE1, HE4, H8

6. No retained  ...  view the full minutes text for item 40f

Public Participation

Mr Vines, agent, spoke in support of the application.

The Planning Officer introduced the report which recommended that authority be delegated to the Area Development Manager to grant permission subject to conditions and the approval of the submitted Unilateral Undertaking in respect of the provision of a financial consideration towards public open space.

It was noted that the officers were satisfied that attempts to market the property as a public house business had been made and had been unsuccessful, and that with other nearby public houses there would not be an appreciable loss of amenity from the proposed change of use.

The Committee then had the opportunity to ask technical questions of the officers. The provision of a public footpath was raised.

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

Cllr Peter Doyle, as Local Member, expressed some concern about the extent of attempts to retain commercial use for the site.

A discussion followed, during which the design of the new build, provision of parking and limited number of building plots were raised.

It was,

Resolved:

That authority be DELEGATED  to the Area Development Manager to GRANT Planning Permission for the following reason subject to an acceptable legal agreement to secure contributions to Public Open Space and the conditions set out below:

The Council are satisfied that the business is no longer viable and every reasonable attempt to market the premises has been made. The scale and layout of the proposal is considered to be acceptable in the context of the surrounding area and the proposal is not considered to result in an unacceptable impact upon the residential amenity of surrounding properties.  Sufficient car parking and manoeuvring space is provided within the site and the proposed development would not be detrimental to highway or pedestrian safety.  In this way the proposed development is considered to comply with the provisions of policies C3, H3, R6 and CF3 of the adopted 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. No development shall commence on site until details and samples of the materials to be used for the external 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 of the North Wiltshire Local Plan 2011.

3. No development shall commence on site until a sample panel of the render to be used on the external walls has been made available on site, inspected and approved in writing by the Local Planning Authority.  The panel shall then be left  ...  view the full minutes text for item 40g

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.