Agenda and minutes

To receive any apologies or substitutions for the meeting.

Apologies were received from Councillors Richard Britton and Brian Dalton.

Councillor Dalton was substituted by Councillor Peter Edge.

To approve and sign as a correct record the minutes of the meeting held on 11 June 2015.

The minutes of the meeting held on 11 June 2015 were presented. The Chairman announced he had received representations that some reasons for refusal had been omitted from one of the applications, and sought the Committee’s permission to investigate further and amend the minutes should this be the case.

Resolved:

To delegate authority to the Chairman to amend the reasons for refusal as appropriate, subject to approval at the next meeting of the Committee.

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

There were no declarations.

To receive any announcements through the Chair.

The Chairman explained the meeting procedure to the members of the public.

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 25 June 2015. 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.

The enforcement officer provided an update on council efforts to clear  this untidy site in Thistlebarrow Road, Salisbury, following failed attempts at negotiation with the owner  leading in October 2014 to service of a  Section 215 Notice. The site had now been cleared by the council, with a legal charge placed  to recover the expenditure incurred in the event that the  property changes ownership in the future.

The Committee welcomed the news that work had been undertaken to clear an untidy site, and appreciated the timescales involved, as well as hoping for further such measures be taken against other  similar sites.

Resolved

To note the report.

To receive details of completed and pending appeals.

No appeals update was provided.

To consider and determine planning applications in the attached schedule.

Installation of 42 solar panels (ground mounted)

Public Participation

Mr Bruce Tozer spoke in objection to the application,

Mr Barry Fitzpatrick spoke in objection to the application.

Mr Peter Smales spoke in objection to the application.

Cllr Stephen Banas, Swallowcliffe Parish Council, spoke in objection to the application.

The Area Team Leader presented a report which recommended that approval be granted for installation of 42 ground mounted solar panels. Key issues  stated  included the impact upon the character and appearance of the surrounding Area of Outstanding Natural Beauty, and the scale, design and  siting of the proposed panels. Attention was drawn to the presence of nearby footpaths and bridleways, the proposed screening of hedges that formed part of the proposals, and the late submissions received as detailed in the agenda supplement.

Members of the Committee then had the opportunity to ask technical questions of the officer, where details of the scale of the solar panels was sought, as well as the amount of electricity that would be produced.

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

Following the submissions, and with the agreement of the local Unitary Division Member, Councillor Jose Green, Members agreed a site visit was necessary in order to fully appreciate the impact of the proposals on the surrounding area.

Resolved:

To DEFER consideration of the item until the next meeting, to allow a site visit to be arranged, to take place on the day of the meeting.

Demolition of existing outbuildings and alterations to retained building fronting North Street. Construction and provision of 5 new flats, two new retail units, retention and alterations to existing retail unit and flat above

Public Participation

Dr David Pearce spoke in objection to the application.

Mr Michael Lyons, agent, spoke in support of the application.

The Area Team Leader presented a report which recommended that planning permission be refused for demolition of existing outbuildings, alterations to the main building fronting North Street, Wilton, and provision of 5 new flats and 2 retail units on the site. Key issues included flooding and highways considerations. Attention was drawn to the late submissions as detailed in the agenda supplement.

Members of the Committee then had the opportunity to ask technical questions of the officers. In response to queries it was stated ownership of a strip of land abutting the site with private access rights was unclear, and that no amenity space was provided as part of the proposal.

Details were sought on the tests that permitted building in flood zones 2 and 3 as were found on the application site, and it was stated that if the local authority did not have a 5 year land supply for housing for the area, in this case South Wiltshire, then they would have to see if other sites in the area within the lesser risk flood zone 1 were suitable to meet the necessary supply, and if not then exception sites elsewhere could be considered. As Wiltshire Council did have a current 5 year land supply for South Wiltshire, it was stated this sequential test and subsequent exception test did not apply.

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

The local Unitary Division Member, Councillor Peter Edge, then spoke in support of the application, noting previous fully residential applications approved historically on the site, improvements to flood defences, and the benefit of the renovation of the site to include commercial properties outweighing parking concerns.

A debate followed, where the level of parking provision for the site was considered, and it was noted the report stated the proposal provided 11 fewer spaces than policy recommended, and that the surrounding area had significant highways concerns. The flooding objections were discussed, with some members noting that with buildings already present and able to operate on the site, the risk was already present. The lack of amenity space for the residential properties was also debated.

It was,

Resolved:

To REFUSE the application for the following reasons:

(1) The precautionary approach adopted by The National Planning Policy Framework is that the overall aim of decision-makers should be to steer new development to Flood Zone 1 and a 'Sequential Test' must be undertaken to see whether there are alternative lower risk sites that could accommodate the development. The proposal is for a 'more vulnerable' form of development proposed within Flood Zones 2 and 3. The NPPF makes clear that such development should be located in Flood Zone 1 unless it can be demonstrated that no such sites are available.

The council can demonstrate that there is a readily available and deliverable 5-year supply of  ...  view the full minutes text for item 84.

Any other items of business which, in the opinion of the Chairman, should be taken as a matter of urgency 

The Committee requested the Chairman consulted with the Associate Director for Economy and Planning regarding the number of major applications in the area that were decided or to be decided by the Strategic Planning Committee.