Agenda and minutes

To receive any apologies or substitutions for the meeting.

There were no apologies for absence.

To approve and sign as a correct record the minutes of the meeting held on Thursday 26 November 2015.

The minutes of the meeting held on Thursday 26 November 2015 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 declarations were received:

Item 7f - 5/09554/VAR - Five Rivers Leisure Centre

Cllr Devine declared that as he was the Chairman of Wiltshire and Swindon conjoined Fire Authority, as this was a Pecuniary Interest, he would not take part in the discussion or vote on this item and left the room.

Cllr Clewer noted that he was the Salisbury Area Board representative for the Five Rivers Campus, and had been a shadow COB member, however as this did not constitute an interest he took part in the discussion and vote.

To receive any announcements through the Chair.

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

The Chairman explained that he had accepted an item of urgent business as detailed at minute no's xxx. This would be taken under both Parts 1 and II of the meeting as part of the information included exempt information.

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 Wednesday 9 December 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.

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.

Increase eaves/ridge height by approx 1.1m to facilitate additional head height at first floor level.

Public Participation

Paul Stephens (Architect) spoke in support of the application.

The Area Team Leader noted that a copy of an email detailing objections had been circulated as late correspondence. He introduced the application for an increase to the eaves/ridge height by approx 1.1m to facilitate additional head height at first floor level. To address the objections, the north facing roof had changed that day, with the removal of a roof light and the French doors had been changed to large windows. The application was recommended for Approval, subject to conditions.

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

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

The Committee discussed the application, noting that it was a modest proposal which with the amendments made that day would not impose on  neighbouring amenity.

Resolved:

To hereby grant PLANNING PERMISSION for the above development to be carried out in accordance with the application and plans submitted (listed below), subject to compliance with the condition(s) specified hereunder:-

Outline application for the erection of 2 x four bedroom detached houses with all matters reserved.

Public Participation

Robyn Harper (Agent) spoke in support of the application.

Geoff Goddard (Applicants Son) spoke in support of the application.

Gaenor Nokes spoke in objection to the application.

David Baker (Winterbourne Parish Council) spoke in support of the application.

The Senior Planning Officer introduced the application for the erection of 2 x four bedroom detached houses with access taken from the A338 within the 30mph speed limit zone. A shared parking/turning space to be provided for 2 cars per property, with new garden areas sited to the rear and to the sides. The application was recommended for refusal. It was noted that the application site was outside of the established housing site of the village, and that Highways had advised that the current plans were not suitable on grounds of visibility.

Members of the Committee then had the opportunity to ask technical questions of Officers. Details were sought on whether the village had produced a Neighbourhood Plan (NHP).

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

The Unitary Division Member, Councillor Hewitt, then spoke in support of the application, stating that the emerging NHP supported the villages request for new housing, and felt that it would be difficult to achieve the 34 new houses within the settlement boundary in the village over the next 10 years as indicated in the Core Strategy. The parish council was behind the application and the applicant was willing to put 106 funds and contribute towards footpath improvements, he felt is was an idea position for 2 new houses. 

The Committee discussed the application, noting that the NHP had not yet been consulted on or adopted. There were Highways concerns associated with the scheme, and the development did not offer any affordable housing.

Resolved:

That planning permission be REFUSED for the following reasons:

1.    The creation of new dwellings in this location outside of the defined settlement boundaries, without a proven agricultural or affordable housing need, would be contrary to the key sustainability aims of Local and National Planning Policy. The development would therefore be contrary to Wiltshire Core Strategy Core Policy 2, and the advice and guidance in regard to sustainable development contained within the NPPF.

2.    Insufficient evidence has been submitted to demonstrate that there will be sufficient visibility for cars leaving the site to ensure that highway safety will not be adversely affected by the new development. The scheme is therefore considered to have an adverse impact on highway safety, contrary to Core Policy 57 (ix) of the Wiltshire Core Strategy.

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

Stuart Garnett (Agent) spoke in support of the application.

Mark Timbrell (Salisbury City Council) spoke in objection to the application.

The Senior Planning Officer made a joint presentation for this item and the associated next item, for an application for Change of use of site from public house and adult entertainment venue to form two commercial units and 10 apartments including conversion, demolition and erection of buildings. The application was recommended for approval.

Members of the Committee then had the opportunity to ask technical questions of Officers. It was noted that the access path, which would be closed off in the evening, was pedestrian only and that waste would be stored within the site and brought out on collection day. An affordable housing contribution was not required due to the type of scheme. The site was within the localised flooding maps for the area.

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

The Committee discussed the application, noting that introducing residential development on this site could impact on license holders around the site, in terms of noise complaints. Flooding on this site was an issue and would need to be addressed. The Committee supported development of the currently neglected site, however it was felt that a commercial or retail development would be more suited.

Resolved:

That planning permission be REFUSED for the following reasons:

1.    The proposed design, by reason of its cramped and congested layout in relation to the residential elements, will result in 10 flats being accessed by a restricted courtyard area, which would have no private amenity space. Due to a combination of the close proximity of the flats to each other, the orientation of the new windows, and the scale of the new three-storey elements of the development within this narrow site, the proposal would be likely to result in a significantly reduced level of amenity for future occupiers in terms of privacy, and would represent an overdevelopment of the site. The scheme as currently designed would therefore be contrary to the design criteria of Core Policy 57 and Core Policy 58 of the Wiltshire Core Strategy, and design guidance in the NPPF.

2.   
The site is located in a locally designated ground-water flood risk zone, and the immediate area has been prone to ground-water flooding in recent years. Insufficient information has been provided to demonstrate that surface/waste water from the site can be adequately removed from the site to avoid flood risk to the new development and nearby properties. The scheme is therefore considered to be contrary to Core Policy 3, Core Policy 57, Core Policy 67 and Strategic objective 6 of the Wiltshire Core Strategy.

3.    Insufficient information has been provided to demonstrate that waste storage/ collection from the rear of the site will be achievable, as no collection point or placement/removal times have been submitted. Without providing this information prior to determination, it remains unclear to the Council whether a  ...  view the full minutes text for item 134.

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)

The presentation of this item was covered as part of the previous associated application by the Senior Planning Officer.

Resolved:

That Listed Building Consent be APPROVED for the following reasons:

1.         The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason (1) To comply with the provisions of Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990 as amended by Section 51 (4) of the Planning and Compulsory Purchase Act 2004.  .0006 AMENDED

2.         No development shall commence on site until finer details, and where so appropriate materials, of all external materials to be used on 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.

REASON: The application contained insufficient information to enable 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.

3.         No development shall commence on site until details of all eaves, verges, windows and doors (including head, sill and window reveal details), rainwater goods, rooflights and canopies 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 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.         This development shall be in accordance with the submitted drawings:

- Site Plan P14-001-02-02-001

Proposed Ground Floor P14-001-02-03-001C Received 27th November

Proposed First Floor P14-001-02-03-002A rec. 7^th October

Proposed Second Floor P14-001-02-03-003A

Proposed Roof Plan P14-001-02-03-004A

Demolition on Ground Floor P14-001-02-03-011A

Demolition First Floor P14-001-02-03-012A

Demolition Second Floor P14-001-02-03-013A

Proposed Section 03 P14-001-02-04-001A

Proposed Section 04 P14-001-02-04-002A

Wall Detail Key P14-001-02-04-005A

Wall Types 1 & 2 P14-001-02-04-006

Wall Types 3 & 4 P14-001-02-04-007

Wall Types 5 & 6 P14-001-02-04-008

Wall Build Up P14-001-02-04-010

Elevation 01 P14-001-02-05-001B rec. 27^th November 2015

Elevation 02 P14-001-02-05-002A rec. 7^th October

Elevation 03 & 04 P14-001-02-05-003A

Elevation 05 P14-001-02-05-004B rec. 7^th October

Elevation 06, 07 & 08 P14-001-02-05-005A

Elevation 09 P14-001-02-05-006B rec. 7^th October

Elevation 10 P14-001-02-05-007A

Demolition Elevation on 01 P14-001-02-05-011A

Demolition Elevation 02 P14-001-02-05-012B rec. 7^th October

Demolition Elevation 03 & 04 P14-001-02-05-013A

Demolition Elevation 05 P14-001-02-05-014A

Demolition Elevation 06,07 & 08 P14-001-02-05-015A

REASON: For the avoidance of doubt.

INFORMATIVE:

Many wildlife species are legally protected. The applicant should be aware that if it becomes apparent that the site is being used or has previously been used by protected species (such as slowworms, badgers, barn owls or bats), work should STOP immediately and Natural England should be contacted at their Devizes office 01380 725344 for advice on how to proceed.

Change of Use of existing agricultural merchants barn and land to mixed residential and business use and conversion of part of barn to new dwelling.

Public Participation

David John Bright (Applicant) spoke in support of the application.

Nigel Lilley (Agent) spoke in support of the application.

Stephen Bands (Swallowcliffe Parish Council) spoke in support of the application.

The Area Team Leader introduced the application for Change of Use of existing agricultural merchants barn and land to mixed residential and business use and conversion of part of barn to new dwelling. The application was recommended for refusal.

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

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

The Unitary Division Member, Councillor Green, then spoke in support of the application, stating that it complied with CP48 and CP51 and was not visible from the surrounding area.

The Committee discussed the application, noting that the site was within the AONB which had strict criteria for development. The application was for a barn to be turned into a dwelling which went against planning policy.

Resolved:

The application be REFUSED for the following reasons:

1.    Core Policy 1 of the Wiltshire Core Strategy set out the ‘Settlement Strategy’ for the County, and identifies four tiers of settlement – Principle Settlements, Market Towns, Local Service Centres and Large and Small Villages. The application site is located outside of any settlement boundary and is identified as countryside. This application proposes to create a dwelling house within an agricultural barn which is associated with a rural business known as Bright Seeds. This application has not demonstrated any functional or financial evidence to convince Officers that the proposed creation of a residential unit is expressly needed to support the function or viability of the rural enterprise. This application has also failed to undertake any critical assessment over the reuse of the building for any other uses other than that of the existing agricultural use. The proposal is contrary to the Wiltshire Core Strategy, Core Strategy 48 and saved policy H28 as contained in Appendix D of the Wiltshire Core Strategy (Jan 2015).  

2.    The proposal, located remote from a range of services is contrary to the key aims of local and national sustainable transport policy guidance which seeks to reduce growth in the length and number of motorised journeys. The proposal is contrary to the Wiltshire Core Strategy, Core Policy 60 and Core Policy 61. 

Variation of condition 8 to application 13/02254/FUL to allow 28 additional car parking spaces.

Councillor Devine did not take part in the discussion or vote on this item and left the room, as he had declared an interest.

Public Participation

There were no speakers.

The Senior Planning Officer introduced the application for Variation of condition 8 to application 13/02254/FUL to allow 28 additional car parking spaces as required by the Fire Service. The application was recommended for approval.

Members of the Committee then had the opportunity to ask technical questions of Officers. It was noted that some trees would be removed to make way for the additional car parking spaces, but that replacement trees would be planted on other areas of the site. The Fire Service did not have a travel plan.

Although Cllr Douglas was the local Unitary Member, Councillor Clewer spoke in support of the application as the access roads for the site were all in his division. He supported the additional spaces, but asked that all of the 8 trees to be removed were then replaced elsewhere.

The Committee discussed the application, noting that the Fire Brigade had not submitted a travel plan, providing evidence that the spaces were needed. However the site had always been restricted and it was felt that additional spaces would help to alleviate this issue for other users at the site.

Resolved:

The application be APPROVED with the following conditions:

Extension of existing Kiwi Primary School (new block ) with associated works including new access.

Public Participation

There were no speakers for this application.

The Army Basing Planning Officer introduced the application for Extension of existing Kiwi Primary School (new block ) with associated works including new access. The application was recommended for Approval with conditions, including prohibition on phase 2 until further car parking spaces were found.

Members of the Committee then had the opportunity to ask technical questions of Officers. It was noted that concerns detailed in the objection around Hartington Drive, were relating to parents using the road at drop off and collections times. There was right of access for the school to make use of the road, but not to park there. Although the school had an existing travel plan, a new plan should be produced which took in to account the new pupils.

The Committee discussed the application, noting that an alternative site should be found for the Children’s Centre prior to it being removed.

Resolved:

The application 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:

Site Location Plan SK19-C (received 23/10/15)

Site Plan SK-20 rev.C (received 23/10/15)

Site Plan Phase 2 SK03 rev.E (received 23/10/15)

Ground Floor Plan – Phase 2 SK-04 Rev.H

First Floor Plan – Phase 2 SK05 rev.I

North and South Elevations SK09 rev.D

East and West Elevations SK10 rev.D

Ground Floor Plan Phase 3 SK11 rev.F

First Floor Plan Phase 3 SK12 rev.F

Sprinkler Tank and Refuse Store SK13 rev.D (received 23/10/15)

Site Plan Phase 3 SK14 rev.E (received 23/10/15)

Pedestrian gate Modifications SK-16 rev.C

Foul and Surface Water Drainage Layout KW-D-001 rev.P1

Landscape Plan Phase 2 SK21 rev.A (received 23/10/15)

Landscape Plan Overall Strategy SK22 rev.B (received 23/10/15)

Hubert Hamilton Road Junction SK29 rev.A (received 23/10/15)

Kiwi Pedestrian Desire Lines (received 23/10/15)

Design and Access Statement

Arboricultural Impact Assessment

Flood Risk Statement

Archaeological Desk Based Assessment

Interpretive Report on Site Investigation

Noise Assessment

Transport Statement

All date stamped 24th July 2015, unless otherwise stated.

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

Ecological Survey Report, prepared by RSK Environment (dated May 2015).

3. No part of the development hereby permitted shall be occupied until a School Travel Plan has been submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall include details of implementation and monitoring and shall be implemented in accordance with these agreed details. The results of the implementation and monitoring shall be made available to the Local Planning Authority on request, together with any changes to the plan arising from those results.

REASON: In the interests of road safety and in the interests of sustainable transport to and from  ...  view the full minutes text for item 137a

The Chairman has approved consideration of the above mentioned item as urgent business as a decision is required prior to the next scheduled meeting.

Report by Ian Gibbons, Solicitor to the Council and Associate Director, Legal and Governance

In accordance with Section 100 B 4 (b) of the Local Government  Act 1972, the Chairman approved consideration of the above item as urgent business as a decision was required before 24 December 2015 which was prior to the next scheduled meeting.

Public Participation

Mr Michael Morgan-Jones attended the meeting for this item and explained his attendance was to hear first hand the Committee’s views. The Chairman gave him an opportunity to express any views and explained that the substance of the debate would be held under Part II of the meeting.

Ian Gibbons, Associate Director for Legal and Governance and Solicitor to the Council presented a report which explained that further to the Committee’s decision on 24 September 2015 to refuse to register land known as ‘Brown’s Copse’ in Winterslow as a village green, a pre-action protocol letter dated 23 November 2015 had now been received from the applicant Winterslow Opposed to Over-development (‘WOOD’).  

The letter challenged the lawfulness of the Committee’s decision and notified the Council of the applicant’s intention to issue proceedings for judicial review in the High Court to set aside the decision.

By way of background information, the report and associated appendices previously considered by the Committee at its meetings on 24 September and 30 April 2015 were presented together with the corresponding minutes.

The report also referred to the non-statutory public inquiry held into the matter and the Inspector’s recommendations.

If legal proceedings were to be issued the Solicitor to the Council was authorised under the Constitution to institute, defend, settle or participate in any legal

proceedings in any case where such action is necessary either to give effect

to decisions of the Council or in any case where the Solicitor to the Council

considers that such action is necessary to protect the Council’s interests.

Noting that further information would be considered in Part II as detailed in minute no. 140 below, the Committee;

Resolved:

(a)          to note that the applicant is now expected to issue judicial review

proceedings before 24 December 2015 in order to challenge the

Council’s decision to refuse to register Brown’s Copse as a village

green.

(b)          To consider the Council’s response to the proposed proceedings

under a separate Part 2 report.

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 - 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 140 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

Report by Ian Gibbons, Solicitor to the Council and Associate Director, Legal and Governance

Following on from the above item at minute no. 138, Ian Gibbons, Associate Director for Legal and Governance and Solicitor to the Council drew the Committee’s attention to the Pre-action Letter and legal advice from Counsel in response to it as presented.

The Committee was asked to note the action which the Associate Director proposed to take in his capacity as Solicitor to the Council in the light of the legal advice received.

Resolved:

That the Committee notes the proposed legal challenge which

the applicant intends to make in respect of the Committee’s decision of 24

September 2015 and the action to be taken by the Solicitor to the

Council as set out at paragraph 9 of the report presented.