Agenda and minutes

To approve and sign as a correct record the minutes of the meeting held on 14 January 2016.

The minutes of the meeting held on Thursday 14 January 2016 were presented.

Resolved:

To approve as a correct record and sign the minutes of the 14 January 2016, subject to:

·       Cllr Dalton to be recorded as ‘also in attendance’ as he was there to speak on one item, as the Unitary Division Member.

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

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 February 2016. 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.

Members of the public registered to speak on this application were:

Mrs Valarie Creswell in objection to the application.

Dr A Appleyard in objection to the application.

Mr Wesley Bright in objection to the application

Mr Roly Grimshaw in Support of the application

Rita Pope (Agent) in support of the application

Mr Wayne Maher in support of the application

The Senior Planning Officer drew attention to the late correspondence circulated at the meeting and introduced the application for a Proposed bungalow (resubmission of 15/04079/FUL). The application was recommended for refusal. The site was located within a Conservation Area, a Special Landscape Area and was immediately adjacent to a grade II listed property to the east of the site. Conservation had noted that the proposed dwelling on the site would remove an open space from the middle of the conservation area and affect the setting of the adjacent listed building.

Rights of Way (RoW)were in objection to the application, as the council had received an application for a Definitive Map Modification Order (DMMO) to record a public footpath along the east boundary of the proposed site, the application being supported by evidence that a public footpath exists, and that evidence was still being considered by RoW.  They had recommended that the application for the development was either refused or a decision deferred until such time as the outcome of the DMMO application was known. 

Cllr Hewitt had requested additional plans to be shown, detailing Box Hedge Cottage and new dwelling to the south of the proposed site.

Members of the Committee then had the opportunity to ask technical questions of the Officers. It was noted that RoW was still considering the evidence and it could be several months before a decision was expected. As the applicant had requested the application be put forward for consideration, despite there being no decision from the RoW Officer. The Legal Officer explained that this application must be refused or deferred for legal/technical reasons until after a decision had been made by RoW. To approve an application on a site with a registered footpath running through was contrary to law.

The Chairman stated that the Committee would hear from the public registered to speak, once the RoW issue had been resolved, and the application returned to the Committee to consider the merits of the development at a future date.

Members of the Public were not invited to present their views at this time.

The Unitary Division Member, Councillor Hewitt asked for the application to be deferred until the RoW decision had been received.

A motion for refusal in accordance with Officer’s recommendation had already been passed by Cllr Ian McLennan, and seconded, the Committee then voted.

Cllr Richard Clewer abstained from voting on this application.

Decision

The planning permission be REFUSED for the following reasons:

(1) Wiltshire Council has a duty under Section 130 of the Highways Act 1980 to protect and assert the rights of the public to the use  ...  view the full minutes text for item 15.

Public Participation

Mr Tony Allen (Agent) spoke in Support of the application.

Cllr David Mace spoke in Support of the application on behalf of Downton Parish Council.

The Area Development Manager introduced Outline Planning Application for residential development with all matters reserved except for means of access (17 dwellings). The site was just outside the settlement boundary for Downton.

The application was recommended for approval subject to Downton Primary School gaining planning approval for its proposed extension and the satisfactory completion of a Section 106 Agreement, and conditions. It was noted that the School had since gained planning approval, so the only outstanding condition was that of a 106 Agreement.

Members of the Committee then had the opportunity to ask technical questions of the Officers. It was noted that the existing building on the site ‘Scott’s House’ would be demolished as part of the development. Although there was no continuous pathway from the site to the local shops, the inclusion of a pedestrian refuge as part of the proposal would enable pedestrians to cross over to the pavement on the other side of the A338.

There were concerns relating to the route the site traffic would take on entering and exiting the site. It was explained that site vehicles would be guided by the Environmental Management Plan as set out in condition 13 of the report.

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

The Unitary Division Member Cllr Julian Johnson then spoke in support of the application, with Officers conditions, noting that as the development would become the new gateway to Downton, it was important that the design and layout took note of that. He also pointed out that the development would bring Downton up to the required 190 new dwellings for the area as stated in the Core Strategy.

The Committee discussed the application, where there was disappointment that a left turn only sign was not part of the conditions for traffic leaving the site, as it was felt that this section of the road was already congested and any further vehicles leaving the site may turn right across the highway, to avoid queuing around the roundabout in the opposite direction.

The option of having 6 or more of the 17 dwellings listed as affordable homes was discussed, however the Committee was advised that this would go against policy CP43 of the Wiltshire Core Strategy.

Resolved

That the Area Development Manager (South) be given delegated authority to grant planning permission provided –

1)    All interested parties enter into a ‘Section 106 agreement’ under the Town and Country Planning Act 1990 to deliver the following –

• 30% affordable housing provision on-site in accordance with demonstrated size/mix requirements;
• A financial contribution towards the provision of primary education facilities at Downton CE Primary School;
• A financial contribution towards ‘Early Years’ education facilities in Downton;
• A financial contribution towards community facilities in Downton;
• A financial contribution towards refuse/recycling collection ‘bins’;
• A  ...  view the full minutes text for item 16.

Public Participation

Mr Tony Allen (Agent) spoke in Support of the application.

Cllr Justin Fry spoke in Objection to the application on behalf of Dinton Parish Council.

The Area Development Manager introduced the application for full planning permission for the demolition of the existing mobile home style dwelling that currently sits on the site and the replacement with a new two storey 3 bedroomed dwelling incorporating a tiled/slate roof with wood clad walls and a brick base. This was a small site just off the C road that runs between the villages of Dinton and Wylye in the Cranbourne Chase Area of Outstanding Natural Beauty. The application was recommended for approval.

Members of the Committee then had the opportunity to ask technical questions of the Officers. It was noted that there was no requirement to tie the development to the farm.

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

After declaring an interest as a member of the AONB Partnership Panel, The Unitary Division Member, Councillor Bridget Wayman then spoke in objection to the application, noting the scale of the development was seven times larger than the existing dwelling. Cllr Wayman asked the Committee to give consideration to the conservation and enhancement of the natural surroundings, within the AONB. Highlighting that one end of the dwelling would virtually be completely made of glass. The light spillage from that glass would cause light pollution in a rural dark landscape. Cllr Wayman urged the Committee to refuse the application, however if the Committee was mindful to approve it, then she asked for an additional condition to be included which would not permit any external lighting on the property, and for condition 4 to be adapted to require the hedgerow to be retained.

The Committee discussed the application noting that other areas such as the Brecon Beacons had planning policy in place which protected areas with dark skies; it was suggested that Wiltshire should have something similar. The proposed development was significantly larger than the existing dwelling, and building something of such a massive scale in an area which was never meant to receive it would be in conflict with H30.

Resolved

The application be REFUSED for the following reasons:

The application site lies within the countryside and an Area of Outstanding Natural Beauty.  Within the countryside saved Policy HC30 of the Salisbury District Local Plan allows replacement dwellings provided that they are not significantly larger than the dwelling they are to replace, and Policy CP51 of the Wiltshire Core Strategy requires new development to protect, conserve and, where possible, enhance the character of the landscape, particularly within the Areas of Outstanding Natural Beauty.

In this case the proposal is to demolish the existing modest single storey dwelling on the site and erect a significantly larger two storey house – over seven times larger in terms of its floor area.  An increase of this magnitude is not considered to amount to ‘replacement’ in  ...  view the full minutes text for item 17.

To receive any apologies or substitutions for the meeting.

There were no apologies.

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