Agenda and minutes

Apologies were received from Cllr Mark Packard.

Cllr Packard was substituted by Cllr Bill Douglas.

To approve and sign as a correct record the minutes of the meeting held on 06 June 2012.

The minutes of the meeting held on 06 June 2012 were presented. It was,

Resolved:

To approve as a correct record and sign the minutes.

There were no declarations.

The Chairman requested all those present turn off their mobile phones during 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 20 June 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.

An appeals update report is attached for information.

The Committee noted the contents of the Appeals update. Attention was drawn to all three planning appeals decided between 25/05/12-15/06/12 being dismissed.

Attention was drawn to the late list of observations provided at the meeting, and attached to these minutes, in relation to items 7b, 7c, and 7d as listed in the agenda pack (Minutes 56b, 56c and 56d)

Public Participation

Mr Peter White spoke in objection to the application.

Mr Joel Smith, agent, spoke in support of the application.

The Planning Officer introduced the report, which recommended authority be delegated to the Area Development Manager to grant permission subject to conditions and the signing of a Section 106 legal agreement. It was noted that the application had been deferred from 16 May 2012 in order to obtain clarification from Highways officers, and to seek further negotiations on alterations to the proposed detached dwelling in terms of orientation and scale.

The Planning Officer highlighted the changes negotiated, including a reduction in height, alteration to a hipped roof rather than gabled, and retention of the hedge separating the detached dwelling from neighbouring properties as a result of extending the gap between properties due to a reduction in width.

The Committee then had the opportunity to ask technical questions of the officers. The number of car parking spaces was raised, and the Highways officer clarified that for the high density area, it was felt the number of spaces was appropriate. It was further clarified that visibility when reversing from the site was deemed acceptable, and that national guidance instructs officers to ignore the impact of parked cars when assessing visibility. The design of the property and lack of a chimney was also raised.

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 in objection to the application.

A debate followed, where the suitability of two storey swellings for the local area was discussed, along with the distances to neighbouring properties and planned retention of the dividing hedge, including an acceptable height for the hedge, and the resulting impact on amenity.

At the conclusion of debate, it was,

Resolved:

That authority be DELEGATEDto the Area Development Manager to grant permission for the following reason subject to conditions set out below and signing of a Section 106 Legal Agreement:

The proposed residential development is considered to be of an acceptable scale, design and layout that would be appropriate in the context of surrounding residential development.  The proposal would not have a significant impact upon the amenities of surrounding residential properties and would deliver an appropriate contribution towards the provision of public open space.  The proposal would comply with the provisions of Policies C2, C3, CF3 and H3 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. 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  ...  view the full minutes text for item 56a

Public Participation

Cllr John Scragg, Chippenham Town Council, offered several observations and comments on the application.

The Planning Officer presented a report which recommended permission be granted subject to conditions. It was stated concerns over an historical railway platform found on site had been resolved when English Heritage declined to support its retention, and concerns over a chain-link fence lining the site had been altered following negotiation to a low stone wall and landscaping. Attention was drawn to the issue of floodlights attached to the site, which were conditioned in the officer recommendation.

The Committee then had the opportunity to ask technical questions of the officers. As the proposed development attached to an existing car park, it was asked why there was a need for two entrances. It was clarified that the two sites were owned separately, and it had proven impossible to agree a single entrance for the combined site. Details on the extent of conditions regarding lighting were sought, in addition to details on the extent and type of landscaping.

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

The Local Member, Cllr Chris Caswill, thanked officers for their efforts in securing improvements to the site, and spoke in support of the application.

A debate followed, during which the retention of landscaping and precise location of the site was raised. Cllr Alan Hill requested it be recorded that he questioned why the application had come before the Committee, as it could have been handled by officers, and that there had been an increase in questionable call-ins to Committee.

It was,

Resolved:

Planning Permission be GRANTED for the following reason:

The proposed development will not adversely affect the character or appearance of the site or the Chippenham Conservation Area. The measures proposed in the applicant’s supporting documentation are considered sufficient to mitigate any adverse impacts on the ecology of the site. Subject to the subsequent agreement of lighting and boundary treatments, the proposal will not significantly harm the residential amenity of the locality. The proposal therefore accords with Policies C3, NE9, HE1, T1, T3, T4 and T5 of the adopted North Wiltshire Local Plan 2011.

And subject to the following conditions:

Public Participation

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

The Planning Officer introduced a report which recommended refusal, highlighting the key issues as being the principle of the development and the scale and size of the proposal, and that a suitable business case to justify the scale had not been submitted.

The Committee then had the opportunity to ask technical questions of the officers. The footprint of the building was raised, and the level of detail required and received regarding a business case.

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

Cllr Toby Sturgis, speaking on behalf of the Local Member, Cllr Mollie Groom, spoke in objection to the application.

A debate followed, where the lack of a business case was stressed. Cllr Alan Hill requested it be recorded that he did not feel the application should have been called to Committee given the lack of suitable reasons provided to query the officer recommendation.

After debate, it was,

Resolved:

That Planning Permission be REFUSED for the following reason:

1.    By reason of its scale and extent of facilities provided and self contained nature, it is considered that without sufficient justification, the proposal is tantamount to a new dwelling in the open countryside. As such the proposal would be contrary to policies C3 and H4 of the North Wiltshire Local Plan 2011, Core Policy 2 of the emerging Wiltshire Core strategy and Paragraph 55 of the National planning policy Framework

2.    The proposal by way of its scale and massing is considered to result in an overly large building which contributes to the domestication of a site outside of a residential curtilage within a rural setting, contrary to policies C3, NE15 and H8 of the North Wiltshire Local Plan 2011.

Informatives:

This decision relates to documents/plans submitted with the application, listed below.

Plan Ref:

153/01A

153/02A

153/03A

153/04A

Date stamped 21.03.12

Public Participation

Mr Jason Thornbury, applicant, spoke in support of the application.

Mr Peter Thornbury spoke in support of the application.

The Planning Officer introduced the report which recommended refusal. It was stated that officers felt the extension to the previously agreed property was on balance too impactful on the amenity of neighbouring properties.

The Committee then had the opportunity to ask technical questions of the officers. The distances to properties on either side of the proposed extension was sought, and it was confirmed there was no increase in the footprint of the building.

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

The Local Member, Cllr Simon Killane, then spoke in support of the application.

A debate followed, during which the limited impact on amenity and agreed contribution to public open space was discussed.

After discussion, it was,

Resolved:

That Planning permission be GRANTED subject to a Section 106 Agreement to secure the contribution of £1,120.00 towards Public Open Space for the following reason:

The proposed extension, by reason of its design, form, scale and siting, would be in keeping with the host dwelling and would not be harmful to the amenities of the occupiers of the adjacent dwelling, and therefore complies with policies C3 and H8 of the North Wiltshire Local Plan 2011.

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. 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.

       Drawings: 01. 02, 03, 04, 05, 06, 07, 08, 09, 010 & 011

       Dated:  26^th March 2012

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.