Agenda and minutes

To receive any apologies or substitutions for the meeting.

Apologies for absence were received from:

·       Cllr Brian Dalton who was substituted by Cllr Peter Edge

·       Cllr Ian Tomes who was substituted by Cllr Ricky Rogers

·       Cllr Jose Green who was substituted by Cllr John Smale

To approve and sign as a correct record the minutes of the meeting held on Thursday 7 April 2016.

The minutes of the meeting held on Thursday 7 April 2016 were presented.

Resolved:

To approve as a correct record and sign the minutes.

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

The following interests were declared:

·         In relation to 7b 15/10824/FUL - Cllr Richard Clewer explained that as he was the Portfolio holder for Housing, he would not vote on this application.

·         In relation to 7b 15/10824/FUL – Cllr Fred Westmoreland explained that he was on the Housing Board, but as this was not a disclosable pecuniary interest he would vote on the application.

To receive any announcements through the Chair.

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 (acting on behalf of the Corporate Director) no later than 5pm on Thursday 21 April 2016.  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. No formal questions had been received for this meeting.

To receive details of completed and pending appeals.

The committee received details of planning appeals lodged and those determined for the period 21 March to 14 April 2016.

Resolved:     That the report be received and noted.

To consider and determine planning applications in the attached schedule.

Change of use of site from public house (Class A3) and adult entertainment venue (sui generis) to form two commercial units (Classes A1, A2, B1 or D1) and 10 apartments including conversion, demolition and erection of buildings (Revised plans showing amendments to the ground and first floor layout and elevations)

Public Participation

Mr Guy Macklin (Applicant) spoke in support of the application

Cllr Michael Pope of Salisbury City Council spoke in support of the application

Mrs Elaine Milton (Consultant) spoke in support of the application

The Senior Planning Officer drew attention to the late correspondence circulated at the meeting and introduced the application which was a resubmission from an earlier application, for Change of use of site from public house (Class A3) and adult entertainment venue (sui generis) to form two commercial units (Classes A1, A2, B1 or D1) and 10 apartments including conversion, demolition and erection of buildings. A site visit had taken place earlier that day.

The applicant had submitted additional information following the previous decision, which addressed earlier issues of waste management and surface and foul water drainage. The application was recommended for approval.

Members of the Committee then had the opportunity to ask technical questions of the Officers. It was noted that there would be glass doors at the front entrance which would be open during the day and closed in the evening. The night club next door to the site had since closed and would be taken on by the neighbouring gun shop.

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

The Unitary Division Member was not in attendance to speak.

The Committee discussed the application, noting that following the site visit, it was evident that the buildings were in a dilapidated state and required development urgently. The previous concerns over drainage had been addressed and the night club had closed. The design of the development did not appeal to all, however as the location of the dwellings at the rear was closed in, it was seen that large windows would permit more light..

Cllr Westmoreland moved Officers recommendation for Approval; this was seconded by Cllr Devine.

Resolved

That the application be APPROVED 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 within the area indicated (proposed development site) until:

• A written programme of archaeological investigation, which should include on-site work and off-site work such as the analysis, publishing and archiving of the results, has been submitted to and approved by the Local Planning Authority.

The approved programme of archaeological work has been carried out in accordance with the approved details. The work should be conducted by a professionally recognised archaeological contractor in accordance with a written scheme of investigation approved by this office and there will be a financial implication for the applicant.

REASON: To enable the recording of any matters of archaeological interest.

3.         No development shall commence on site until a scheme of acoustic glazing and mechanical ventilation has been submitted to and approved  ...  view the full minutes text for item 35.

Proposed two single storey houses for elderly people, with associated access road and car parking.

Public Participation

No one registered to speak.

The Senior Planning Officer introduced the application by Wiltshire Council for two single storey houses for elderly people, with associated access road and car parking. There was currently an existing drainage water issue on site; however a new scheme had been submitted which satisfied the drainage engineer. The application was recommended for approval.

Members of the Committee then had the opportunity to ask technical questions of the Officers. It was noted that during the ecological study, no crested newts had been present. A needs study had been carried out by the Housing Team, which had established that there were 8 under occupied properties in the village.

The Unitary Division Member was not in attendance; however she had circulated her support for the application by email to the Committee earlier that day, asking Cllr Edge to speak on her behalf.

Cllr Edge noted that the development of housing for older people on this site had been a project of the South West Wiltshire Area Board for several years. It had been hoped that there would be three properties, but due to surface water issues, much work had had to be carried out to devise a new drainage scheme, following this the number of properties had been reduced to two.  

Cllr Edge moved Officer’s recommendation for Approval; this was seconded by Cllr Hewitt.

The Committee discussed the application noting that rural areas needed more developments for older people to enable them to downsize and remain living in the community.

Resolved

That the application be APPROVED 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 (including the solar panels) 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) No development shall commence on site until a scheme for the discharge of surface water from the access/driveway, incorporating sustainable drainage details, has been submitted to and approved in writing by the local planning authority. The development shall not be first occupied until surface water drainage has been constructed in accordance with the approved scheme.

REASON: To ensure that the development can be adequately drained.

4) 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 detailed planting specification showing all plant species, supply and planting sizes and planting densities;

·         all hard and soft surfacing materials

REASON:  ...  view the full minutes text for item 36.

Report by Tracy Carter – Associate Director Environmental Services and

Ian R Gibbons - Solicitor to the Council and Associate Director – Legal and Governance

Public Participation

Mrs Patricia Sheppard spoke in Objection to the application.

Mr David Read spoke in Objection to the application.

Mr Richard Sheppard spoke in Objection to the application.

Mr Glynn Paton spoke in Support of the application.

Mr Michael Morgan Jones spoke in Support of the application.

The Senior Solicitor introduced the application to register land as a Village Green, in relation to Brown Copse Field, Winterslow.  It was explained that in November and December 2014 Wiltshire Council held a non-statutory public

inquiry into an application to register land as a town or village green, under

Sections 15(1) and (3) of the Commons Act 2006, in the parish of Winterslow.

At the inquiry, evidence was given orally by witnesses both in support and in

objection to the application. This evidence was then tested through cross-examination and re-examination of the witnesses. Following the inquiry, the independent Inspector appointed by Wiltshire Council to preside over the inquiry produced a report of his findings and made a recommendation to Wiltshire Council.

At its meeting on 24 September 2015 the Committee decided against the Inspectors recommendation in part and turned down the application to register Browns Copse as a Village Green. The applicant then sought to challenge that decision and proceedings were filed in the High Court on 23 December 2015. Wiltshire Council sought legal advice from a Barrister.  The Council could not defend those proceedings and the decision was quashed by the High Court in March 2016.

The Committee was required to re-determine the application but only concerning Brown’s Copse and the Committee was asked to consider the Inspectors recommendation on the Village Green application again. The application was recommended for approval.

Members of the Committee then had the opportunity to ask technical questions of the Officers. It was noted that the Court had looked at the process in which the Committee had come to its decision. The decision had been quashed on grounds of pre-determination. It was not the role of the Court to look at the inspector’s report but the decision making process. The Committee asked whether the correct advice had been provided at the original meeting, in relation to the options available to them. It was stated that the only test available to Committee was the legal test as set out in s.15 of the Commons Act 2006 that a significant number of inhabitants of any locality or of any neighbourhood within a locality, had indulged as of right in lawful sports or pastimes on the land for a period of at least 20 years.

If the application was approved, the ownership of the land would not change.   The current owners could continue to work the land such as coppicing, as they had previously done as activities undertaken by the landowner such as the coppicing had been undertaken for the last 70 years and had co-existed with the village green activities.  However the landowners would now no longer be able to prevent the public from entering the land.

The  ...  view the full minutes text for item 37.

To consider passing the following resolution:

To agree that in accordance with Section 100A(4) of the Local Government Act 1972 to exclude the public from the meeting for the business specified in Item Number 10 because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in  paragraph 5 of Part I of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.

Paragraph 5 referred to above, relates to information in respect of which a claim to legal professional privilege could be maintained in legal proceedings

Resolved:

To agree that in accordance with Section 100A(4) of the Local Government Act 1972 to exclude the public from the meeting for the business specified in minute number 39 below because it was likely that if members of the public were present there would be disclosure to them of exempt information as defined in paragraph 5 of Part I of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.

Paragraph 5 referred to above, relates to information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

To consider Appendix 7 as referred to in the report under item 8 above.

The Committee received advice as referred to in Appendix 7 of the report considered under minute number 37 above.

Resolved

That  Appendix 7 of the report presented under minute number 37 above be received and noted.