Agenda and minutes

To receive any apologies or substitutions for the meeting.

To approve and sign as a correct record the minutes of the meeting held on

The minutes of the meeting held on Thursday 6 April 2017, 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.

There were no declarations from members of the Committee, however; Unitary Division Member, Cllr Atiqul Hoque declared a pecuniary interest in item 7a, that item would be addressed by Cllr Clewer in his place.

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 by phone, email or in person no later than 5.50pm on the day of the meeting.

The rules on public participation in respect of planning applications are detailed in the Council’s Planning Code of Good Practice. 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.

Members of the public will have had the opportunity to make representations on the planning applications and to contact and lobby their local member and any other members of the planning committee prior to the meeting. Lobbying once the debate has started at the meeting is not permitted, including the circulation of new information, written or photographic which have not been verified by planning officers.

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 (4 clear working days, e.g. Wednesday of week before a Wednesday meeting) in order to be guaranteed of a written response. In order to receive a verbal response questions must be submitted no later than 5pm on (2 clear working days, eg Friday of week before a Wednesday meeting). 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.

Cllr Devine wished to ask a question to the Committee, the Chairman noted the rules on submitting questions with the deadlines for doing so as detailed on the agenda. Cllr Devine would submit his question to the next meeting.

To receive details of completed and pending appeals and other updates for the period 24/3/17 to 19/5/17, as detailed in the attached paper.

The Committee received details of the appeal decisions as detailed in the agenda for the period 24/3/17 to 19/5/17.

Clarification on the split decision was sought.

Answer: This was an application in Castle Street, which had different aspects to it, including external illuminated signs and for the painting of the exterior of the building. The Planning Officer had allowed some aspects but refused the painting of the front of the building.

Resolved:

That the report be noted.

To consider and determine planning applications in the attached schedule.

Retrospective Application for retention of single storey outbuilding, extension of existing single storey outbuilding, single storey rear extension to create a cold store. Upgrading of extraction equipment to roof on first floor (rear) and erection of closed boarded fence and flue enclosure

Public Participation

Major Michael Hawtrey spoke in objection to the application

Dr John Avery Jones CBE spoke in objection to the application

Geoffrey Bennetts spoke in objection to the application

Tony Allen (agent) spoke in support of the application.

The Planning Officer, Christos Chrysanthou introduced a report which recommended that the retrospective application for retention of a single storey outbuilding, extension of an existing single storey outbuilding, and a single storey rear extension to create a cold store. With upgrading of extraction equipment to roof on first floor (rear) and erection of closed boarded fence and flue enclosure, be approved.

Key details were stated to include the impact to the conservation area, and that numerous objections had been received. The previous application had been refused, due to the impact of the extraction equipment in terms of noise and odour.

This application had now submitted a noise and odour level assessment. The proposals now complied with required levels and was not considered to be of a negative impact.

The noise report indicated that the new system was ten decibels lower than the old system. The current fence was not continuous so would need to be replaced. The applicant had agreed to timber clad the outbuildings and stain the fence with a colour agreed by the Planning Authority.

Following complaints regarding noise levels, noise recording equipment had been placed in a resident’s flat, where it did not record anything above the levels considered to be a nuisance.

Attention was draw to the site visit which had been undertaken earlier that day.

Members of the Committee then had the opportunity to ask technical questions of the Officer. Details were sought whether the back yard was use by customers, it was clarified that it was only used by staff of the restaurant.

It was noted that one of the conditions in the report stated that development should have begun by expiry of 3 years of this application, it was asked whether there was a danger that the applicant could leave the site unchanged for a period of 3 years before anything was changed? It was clarified that this was a standard condition and was followed up with other planning conditions which required the work to be carried out within 3 months. The Committee asked for this to be taken out.

An Environmental Health Officer investigated the noise complaints, and installed recording equipment over a period of 4 days the equipment did not pick up any recordings of the required level to be considered a statutory nuisance.

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

The Unitary Division Member; Cllr Hoque had declared an interest. Cllr Clewer spoke on his behalf, as up until the last election he had represented the next ward to this.

He noted that there had been concern about this site. Although this had been a restaurant for many years, there had also been residents there prior to the alterations which  ...  view the full minutes text for item 177.

Erection of 3 dwellings with parking and landscaping.

Public Participation

Ian Sawyer spoke in objection to the application

Phil Sheargold spoke in objection to the application

Martin Pennell spoke in objection to the application

Aaron Smith (Agent) spoke in support of the application

Cllr John Berry spoke on behalf of Shrewton Parish Council

The Planning Team Leader; Adam Madge introduced a report which recommended that the application for the erection of 3 new dwellings with parking and landscaping, be approved.

Key details were stated to include that most of the trees outlined would be retained around the site, some with TPOs. The out building on the site had some character and would be retained, whilst some other outbuildings would be demolished.

The objections received from neighbours, had asked about flooding on the site, however following consulting the Environment Agency, they had not raised any objections to this application. A flooding map was included in the report and detailed that flooding extends to the front of the site.

Attention was drawn to the site visit which had been undertaken earlier that day.

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

It was noted that the development was liable for CIL, this would be dealt with outside of the planning process, once works commence on site.

A study carried out had identified a potential for bats in the old building, but not in the other buildings. There were no proposals for street lighting.

A Neighbourhood Plan had not yet been adopted for Shrewton.

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

Shrewton Parish Council stated their objections to the application, which had also been detailed within the report.

The Unitary Division Member; Cllr Darren Henry then spoke and explained that it was called in by his predecessor Cllr West, so he did not wish to comment.

The Chairman, Cllr Westmoreland then moved the motion for approval, this was seconded by Cllr Hewitt.

A debate the ensued where key points were raised including, that there was a footpath on either side of the entrance, which was better than most.

There had been no objections from the consultees, and the size of the plot would take the development of this size well. None of the neighbouring properties appeared to have enormous gardens either.

It would not be possible to apply the condition for a bat survey on the barn unless the applicant was planning to do work in it.

Resolved

That Planning Permission be granted with 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 carried out in accordance with the following approved plans:

      Application Form & Certificate

      Ref: 8821/100 Rev F – Site, Block, Location  ...  view the full minutes text for item 178.

Store building for wood and woodchip for biomass with associated landscaping works (Resubmission of 16/12294/FUL).

Public Participation

Julia Leadbury spoke in objection to the application

Graham Loaddell spoke in support of the application

Tamsin Holmes spoke in support of the application

Cllr David Marks spoke on behalf of Stourton with Gasper PC.

The Planning Team Leader Adam Madge, introduced a report which recommended that the application for a Store building for wood and woodchip for biomass with associated landscaping works (Resubmission of 16/12294/FUL) be approved.

Key details were stated to include that this would be 4 storey store, with the top half, timber and bottom half concrete with a metal roof. The existing hedgerow would be maintained with additional landscaping planned.

Currently, wood from Stourhead estate was chipped elsewhere. Under the new proposals, the wood would be chipped on site 4 times per year and stored on site.

Attention was draw to the late correspondence circulated at the meeting.

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

It was noted that the National Trust had agreed to reinstate the styles at the footpath. The Committee asked for reasonable sized hedges and trees to be planted.

The tree protection orders were only on the first group of trees; the Planning Officer would ask the TPO Officer to look at the other section of trees also.

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

Stourton & Gasper Parish Council noted their objections, as detailed in the report.

The Unitary Division Member; Cllr Jeans then spoke in objection to the application, noting that one of the fears of the local people was that this would, in time be expanded in to a visitor’s centre. Reasons for refusal, were the impact on the AONB.

Cllr Jeans then moved the motion for refusal, this was seconded by Cllr Dalton.

A debate then ensued where it was noted that the proposal would be utilising an old concrete base. There had been a reduction from the originally proposed 20 days per year to 4 which was considered a a good compromise.

The countryside was full of noise and agricultural buildings, the National Trust had appeared to have bent over backwards to make sure this would not stand out, along with the reinstatement of the footpath.

The Committee voted on the motion of refusal, this was not carried.

The Chairman, Cllr Westmoreland moved the motion of approval, which was seconded by Cllr Devine.

Resolved

That Planning Permission be APPROVED with 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 carried out in accordance with the following approved plans listed in schedule

National Trust Stourhead Visitor Access Management Plan June 2008 13579/TR01

Impact Assessment Issue 2 by Cawse Design dated 15/12/16 ref  ...  view the full minutes text for item 179.

Proposed detached dwelling with parking (Resubmission of 16/08365/FUL).

Public Participation

Leanne Blake spoke in objection to the application

The Senior Planning Officer, Lucy Minting introduced a report which recommended that the application for the proposed detached dwelling with parking (Resubmission of 16/08365/FUL) be approved subject to conditions.

Key details were stated to include that the application followed a previously withdrawn scheme. The scheme before the Committee included lower eaves and ridge height.

Attention was draw to the site visit which had been undertaken earlier that day.

Members of the Committee then had the opportunity to ask technical questions of the Officer, of which there were none.

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

Shrewton Parish Council noted their objections, as detailed in the report.

The Unitary Division Member; Cllr Darren Henry made no comment.

Cllr Hewitt then moved the motion for approval, this was seconded by Cllr Smale.

A debate the ensued where key points were raised including that the concerns relating to the run off, of water from the development would be dealt with under condition 6, as detailed in the report.

Resolved

That Planning Permission be Approved with 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 carried out in accordance with the following approved plans:

Plan Reference: 1:500 Scale Site Plan, received by this office 22/02/2017

Plan Reference: 16054/3 Elevations, Section, Roof Plan, dated 13/02/2017, received by this office 22/02/2017

Plan Reference: 16054/1 G F Plan, dated 26/07/16, received by this office 22/02/2017

Plan Reference: 16054/2 F F Plan, dated 26/07/16, received by this office 22/02/2017

Plan Reference: 1:200 Scale Block Plan, received by this office 28/04/2017

REASON: For the avoidance of doubt and in the interests of proper planning.

(3) No development shall commence on site until the exact 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: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, in the interests of visual amenity and the character and appearance of the area.

(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:-

• location and current canopy spread of all existing trees and hedgerows on the land;

• full details of any to be retained,  ...  view the full minutes text for item 180.

Two Storey Rear Extension (Resubmission of 16/05522/FUL).

Public Participation

Adam Mussell spoke in support of the application

Jonathon Ross (architect) spoke in support of the application

The Planning Team Leader, Adam Madge introduced a report which recommended that the application for a two storey rear extension (Resubmission of 16/05522/FUL) be refused.

Key details were stated to include that the design has changed significantly with a much more traditional looking first floor design, incorporating a thatched roof.

A previous application had come before the committee in September 2016.

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

Details were sought on the broader issues of the application, such as how it would sit with the barn at the back. It was noted that the proposed development would leave a relatively small outdoor space at the rear with the barn already in place. The Conservation Officer had not been in attendance, however it was stated that it was the Conservation Officers concern that the scale of the proposed development including ground and first floor, would impact on this grade 2 listed building.

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

The Unitary Division Member; Cllr Clewer then spoke in support of the application. He felt that the design this time was far more in keeping with the property. The issue, he felt was whether there was a reason to overcome the substantial harm if this was to be approved.

No objections had been received from the parish council, and the Downton Society was extremely supportive of the application.

The Chairman, Cllr Westmoreland then moved the motion for approval, this was seconded by Cllr Smale.

A debate the ensued where key points were raised including that the report makes clear reference that loss of the chimney and barn at the rear of property was not suitable. The Conservation Officer and Natural England had both raised concerns.

This was a family home, not a dwelling house. The development would remove the poor modern 2004 extension and would replace it with something sensitive and in keeping in its place. The current design proposal was a vast improvement on the previous, there were also no neighbour objections.

The Chairman, Cllr Westmoreland moved for Approval, this was seconded by Cllr Smale.

Resolved

That Planning Permission be granted for application 17/02426/FUL, with 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.