Agenda and minutes

To receive any apologies or substitutions for the meeting.

Apologies were given from Cllr Brian Dalton who was substituted by Cllr Peter Edge. Apologies were also received from Cllr Richard Clewer and Cllr Ian McLennan.

To approve and sign as a correct record the minutes of the meeting held on 14 August 2014.

The minutes of the meeting held on 04 September 2014 were presented:

Resolved:

To approve and sign as a correct record the minutes of the previous meeting held on 4 September 2014.

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

Cllr Richard Britton declared a non-pecuniary interest in item 97A as a resident of Porton but he was not effected in anyway by the development.

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 18 September 2014. 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.

To receive details of completed and pending appeals.

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

To consider and determine planning applications in the attached schedule.

Public Participation

Mr David Creswell spoke in objection to the application. Mr Adams spoke in objection to the application.

Mr Harris spoke in objection to the application.  Mr Gately spoke in support to the application.

Mr Mark Jones spoke in support to the application.

Mr Mark Carrington spoke in support to the application.

Mr Chris Hammer spoke in objection of the application on behalf of Idmiston Parish Council.

The Planning Officer presented his report to the Committee which recommended that permission be GRANTED subject to conditions.  In his introduction the Planning Officer said the following:

“This application seeks permission to erect 20 houses on two paddocks to the rear of Chalk House, with access from Winterslow Road through the side garden.

Perhaps the main issue to consider is the fact that the larger part of the site lies outside of the housing policy boundary for Porton and so is in the countryside.  The black and white policy position is that development of such land will be unacceptable.  However, in this case it is your officer’s opinion that there are a number of material considerations which, taken together, override that policy.

These material considerations are that the proposal will, firstly, deliver now essential infrastructure made necessary by the development (this including open space contributions, education contributions and a community contribution towards the village hall); secondly, there is no identified harm stemming from the proposal other than the site being the wrong side of the line; thirdly, the physical characteristics of the site and its surroundings are such that the proposal ‘reads’ as a natural rounding off of the settlement; and, fourthly, the site is entirely sustainable in terms of access to Porton’s services, including the shop and church.

The relevance of material considerations is set out in planning law and the NPPF.  Both state that planning decisions should be made in accordance with the development plan unless material considerations indicate otherwise.  The weight to be given to material considerations in the balance is for the decision maker to decide.

More specifically, the NPPF states that at its heart there is a presumption in favour of sustainable development.  This means for decision-taking approving development proposals that accord with the development plan without delay; or where the plan is absent, silent or relevant policies out of date, granting permission unless any adverse impacts would significantly outweigh the benefits.

Idmiston Parish Council is in the process of preparing a neighbourhood plan for Porton.  Policy CP2 of the emerging Wiltshire Core Strategy states that the limits of development of settlements may only be altered through the identification of sites for development through subsequent site allocations and neighbourhood plans.  However, as the Porton neighbourhood plan and the site allocations DPD are at early stages of the plan making process it is your officer’s opninion that little weight can be given to them at this time when considering a current, ‘live’ planning application.  In this respect the NPPG actually states that refusal of planning permission on  ...  view the full minutes text for item 97a

There was no public participation on this item.

The Planning Officer  presented his  report to   the Committee  which recommended that permission be GRANTED subject to conditions.

Members  of  the  Committee  then  had  the  opportunity  to  ask  technical questions of the officer. No technical questions were asked.

An item of late correspondence was circulated at the meeting.

The Local Member, Cllr Julian Johnson, supported the application via email but was not present.

Members discussed the flooding risk in the area and stressed the need to ensure  that  all  that  can  be  done  to  prevent  flooding  should  be  done. Members discussed the relevant drainage issues. The suitability of the site was considered and it was noted that the Parish had been working for four years towards this application and that they had been instrumental in its progress.

Resolved:

To grant planning permission 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. (WA1)

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. (WM14)

Proposed  west  and  north  elevations  16857/G2/EL202/K  received

8/9/14

Proposed first floor plan 16857/G2/GA106/M received 8/9/14

Proposed  east  and  south  elevations  16857/G2/EL201/G  received

9/7/14

Proposed site plan 16857/G2/SI104/F received 9/7/14

Proposed roof plan 16857/G2/GA107/B received 9/7/14

Proposed ground floor plan 16857/G2/GA105/F received 5/9/14

Proposed site sections 16857/G7/SE301/A received 6/6/14

Ecological Assessment of Proposed Site, 17/9/14 by Wiltshire Council

Ecologist received 6/6/14

Revised Geo Environmental Report and Appendices received 2/7/14

Design and Access Statement dated 6/6/14 by B3 Architects received

6/6/14

Tree Protection Plan 595-01 by SJ Stephens Associates received

6/6/14 (NB May change as a result of late correspondence)

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

3.  No development shall commence on site until details and samples of the materials to be used for the external walls and roof of the development have been submitted to and approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the approved details. (WB1)

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

4.  No construction or demolition work shall take place on Sundays or Public Holidays or outside the hours of 07:30 to 18:00 Monday to Friday and 08:00 to 13:00 on Saturdays. There shall be no burning of waste materials on site during construction or demolition

REASON:  In the interests of residential amenity.

5.  The development hereby permitted shall not be first occupied until the first five metres of the site access, measured from the site edge of the carriageway, has been consolidated and surfaced (not loose stone or gravel). The access shall be maintained as such thereafter.

REASON: In the interests of highway safety.

6.  The site access shall remain  ...  view the full minutes text for item 97b

A site visit for this application has been arranged for the day of the Committee meeting.

Public Participation

Mr Paul Whiteleg spoke in support of the application.

The Planning Officer presented his report to the Committee which recommended that permission be REFUSED subject to conditions.

Members of the Committee then had the opportunity to ask technical questions of the officer. Cllr Green sought clarification over the materials to be used. The Planning Officer stated that the development would use brick.

An item of late correspondence was circulated at the meeting.

The Local Member, Cllr Ian Tomes, spoke in support of the application. Cllr Tomes stated that the property’s kitchen was not fit for purpose and that there had been no objections from neighbours, conversation officers or highways. Cllr Tomes raised a concern with the noise created during the construction work. It was heard that there had been an objection from the City Council in relation to the loss of parking but Cllr Tomes did not believe this to be relevant. It was explained that privacy was an issue but this was the nature of extensions in the city centre. Cllr Tomes stated that this extension would be similar to many Victorian properties in Salisbury and that should this application be rejected, a new proposal could be less suitable.

A debate followed in which Members discussed their concerns with loss of light for the neighbours but also how the development could improve the view of the back of the property. Members asked about the dimensions of the proposed extension and the potential for future changes to the property. The Planning Officer explained that any further changes would require a new planning application.

Resolved:

To grant planning permission for  the  following  reason:

The proposed extension, by reason of its size, siting and sensitive design, would not have a harmful impact on the amenities of nearby residential properties.  Equally, the extension, by reason of its sensitive design, would not have a detrimental impact on the Salisbury Conservation Area.

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 carried out in accordance with the following approved plans:

Site Location Plan, received 27/06/2014

Site Block Plan, received 27/06/2014

Dwg. No. 0777/02/REV.H Proposed Plans / Elevations received on 27/06/2014

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

3. The materials to be used in the construction of the external surfaces of the development, including windows, hereby permitted shall match in material, colour and texture those used in the existing building.

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

4. The external brickwork for the development hereby permitted shall be constructed to match that of the existing building in terms of its colour, texture, jointing and pointing.

REASON: In  ...  view the full minutes text for item 97c

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