Agenda and minutes

Apologies were received from Cllrs George Jeans, John Smale and Graham Wright.  Cllr Bill Moss substituted for Cllr Smale.

To approve and sign as a correct record the minutes of the meeting held on 7 March 2013 (copy herewith).

The minutes of the meeting held on 7 March 2013 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.

Cllr Ian West declared a non-prejudicial interest in S/2012/0521/Full as he had a relative who is a resident in one of the homes managed by the Orders of St John Care Trust.

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 Thursday 11 April 2013. 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.

Public Participation

Mr Roger Little spoke in support of the Order

Mrs Jean Watson spoke in support of the Order

Cllr Platt, on behalf of Tisbury Parish Council, spoke in objection to the Order.

The Rights of Way Officer introduced the report which asked the Committee to consider the objections to the public path diversion Order and recommend that the Order be forwarded to the Secretary of State for the Environment, Food and Rural Affairs for confirmation.

It was explained that the proposal to divert the bridleway would improve the privacy and security of the property that the bridleway currently passed alongside, also the proposed alternative route would remove the bridleway from the track presently used by vehicles.  In addition it would benefit the public by locating the route away from properties and create a more open and enjoyable route with improved views of the countryside.

The Committee questioned the surfacing of the diverted path and considered the safety issues.

Resolved:

That “The Wiltshire Council (West Tisbury No. 21) Public Path Diversion Order 2012 and Definitive Map and Statement Modification Order 2012”, be forwarded to the Secretary of State for determination, with a recommendation from Wiltshire Council that the order be confirmed without modification.

The committee received details of appeal decisions as detailed in the agenda.

Public participation:

Mrs Douse spoke in objection to the application.

Mr J Coleman spoke in objection to the application

Mr M Gairdner spoke in objection to the application

Mr T Allen, agent, spoke in support of the application

Mrs E Lovelcok, warden, spoke in support of the application

Mr W Grant, land owner, spoke in support of the application

The Planning Officer introduced the report which recommended approval, subject to conditions.  He explained that the report referred to Annex A of PPS7.  PPS7 had, in fact, been replaced by the NPPF.  However, in the absence of other guidance the tests it sets out relating to the need for accommodation at rural enterprises remained, taking into account all matters, an appropriate way to consider evidence to arrive at a decision.

He explained that this application was deferred at the last meeting for officers to investigate ways of controlling the type of caravan that may be stationed on the site.

Further legal advice had been obtained which had changed the position previously reported.  Specifically, as the development was described as a “touring caravan site”, this was the use to which it was limited.  It followed that a material change from this use to another use would require planning permission.

A material change would include replacing any of the touring caravans with mobile homes regardless of the nature of their occupation, this in view of their size and appearance, their permanence and their resulting impact on the character of the area which is materially different to that of a touring caravan.  However, campervans and the two holiday pods as currently on site do not require planning permission, these having sufficiently similar impacts to a touring caravan to not materially alter the nature of the underlying permitted use which remains primarily a touring caravan site.

Therefore, in response to the Committee’s question, control over what type of caravan could be stationed was provided by the narrow description of the development – that is, a touring caravan site – and this encompassed touring caravan and campervans.  A limited number of pods which are similar in terms of their size, occupation and impact to a touring caravan, as currently on site, would equally not be considered a material change of the use of the land but further pods may require planning.  But, other types of caravan – such as, mobile homes or lodges – would present a material change to the use, and so could not be stationed on the site without further planning permission.

The current application was for a material change to the original planning permission in that it proposed change of use of the site to a touring caravan site but now with two pitches to be used to station a touring caravan or campervan or pod for longer term occupation by wardens.  In view of the explanation just given, in the event of planning permission being given the narrow description of the development would continue to limit the type  ...  view the full minutes text for item 36a

Public participation:

Mr P Holcroft spoke in support of the application

Ms Karen Jones spoke in support of the application

Mr A Marshall spoke in support of the application

The Planning Officer introduced the report which recommended approval, subject to conditions.  Attention was drawn to the late correspondence.

During the debate members raised issues relating to the departure from the allocated employment use of the site and lack of detailed plans.

Members expressed dissatisfaction with the quality of the presentation which was felt to be inadequate for the subject.

Resolved:

That planning permission be GRANTED for the following reasons:

The Council is required to give a summary of the reasons for this decision and its conditions, and a summary of the development plan policies and proposals relevant to the decision and its conditions. These are set out below:

The decision to grant planning permission has been taken on the grounds that the proposed development would not cause any significant harm to interests of acknowledged importance and having regard to the National Planning Policy Framework and the following policies in the South Wiltshire Core Strategy, namely saved Salisbury District Local Plan policies G1, G2, D1, D2, D7, H2D, H24, E1B, CN11, CN20, CN21, CN22, CN23, R3, PS2, T11, T12 and T14, South Wiltshire Core Strategy policies CP5, CP19, CP20 & CP22, Wiltshire & Swindon Waste Core Strategy DPD WCS6 and the NPPF (particularly paragraphs 22 and134).

In accordance with paragraph 187 of the National Planning Policy Framework, Wiltshire Council has worked proactively to secure this development to improve the economic, social and environmental conditions of the area.

Public participation:

Mr J Smith spoke in objection to the application

Cllr Lindley representing, Salisbury City Council, spoke in objection to the application

Cllr Richard Clewer, local member, spoke in objection to the application on parking issues.

The Planning Officer introduced the report which recommended approval, subject to conditions. 

The Committee were reminded that the application was deferred at the meeting on 7 March due to concerns raised by third parties about the parking permit schemes.

During the debate members discussed the issue of parking and it was

Resolved:

That planning permission be GRANTED subject to the applicant entering into a S106 agreement covering the following matters:

1.     A financial contribution towards off-site recreation provision; and

2.     A financial contribution towards off-site affordable housing provision, ... unless it is demonstrated to the satisfaction of the Area Development Manager that this would undermine the viability of the development;

Subject to the following reason for approval:

The Council is required to give a summary of the reasons for this decision and its conditions, and a summary of the development plan policies and proposals relevant to the decision and its conditions. These are set out below:

The decision to grant planning permission has been taken on the grounds that the proposed development would not cause any significant harm to interests of acknowledged importance and having regard to the National Planning Policy Framework and the following policies in the South Wiltshire Core Strategy, namely Policies G2, H8, D3, TR14 and R2.

In accordance with paragraph 187 of the National Planning Policy Framework, Wiltshire Council has worked proactively to secure this development to improve the social and environmental conditions of the area.

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.     This development shall be in accordance with the following submitted drawings:

DRG No. 12096 2 (21/12/12) 21/12/2012

Block Plan 21/12/2012

Reason: For the avoidance of doubt

Public participation:

Mrs J Sage spoke in support of the application

The Planning Officer introduced the report which recommended approval, subject to conditions. 

It was

Resolved:

That planning permission be GRANTED for the following reasons:

The Council is required to give a summary of the reasons for this decision and its conditions, and a summary of the development plan policies and proposals relevant to the decision and its conditions. These are set out below:

The decision to grant planning permission has been taken on the grounds that the proposed development would not cause any significant harm to interests of acknowledged importance and having regard to the National Planning Policy Framework and the following policies in the South Wiltshire Core Strategy, namely Policies G2, D3, H16

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.     Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any Order revoking or re-enacting or amending that Order with or without modification), no window, dormer window or rooflight, other than those shown on the approved plans, shall be inserted in the (south east) elevation or roofslope of the development hereby permitted.

REASON: In the interests of residential amenity and privacy.

POLICY- G2

3.     This development shall be in accordance with the submitted drawing[s] sage20-01, sage20-02 deposited with the Local Planning Authority on 22/2/13, unless otherwise agreed in writing by the Local Planning Authority.

REASON: for the avoidance of doubt.

There were no urgent items.

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 11 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 1 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.

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 no. 39 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 1 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.

The Head of Legal Services introduced a report which updated the committee on future enforcement at the site.