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Agenda and minutes

Venue: Council Chamber - County Hall, Bythesea Road, Trowbridge, BA14 8JN. View directions

Contact: Jessica Croman  Democratic Services Officer

Items
No. Item

91.

Apologies

To receive any apologies or substitutions for the meeting.

Minutes:

Apologies for absence were received from Councillors Phil Alford and Stewart Palmen.

 

Councillor Alford was substituted by Councillor Jerry Wickham.

 

Councillor Palmen was substituted by Councillor David Jenkins.

92.

Minutes of the Previous Meeting

To approve and sign as a correct record the minutes of the meeting held on 18 October 2017.

Supporting documents:

Minutes:

Public participation

David Shaw spoke in objection to the minutes.

 

The minutes of the meeting held on  18 October 2017  were presented.

 

The Chairman referred to agenda supplement 2 which included  a letter  from the Codford Residence Group which proposed some amendments to the minutes. 

 

The Chairman and Councillors Andrew Davis, Ernie Clark and David Jenkins would abstain from voting due to not being present at the meeting.

 

Resolved

 

To approve and sign the minutes of the 18 October 2017 as a true and correct record, subject to the following amendments:

 

Under Public Participation of Minute 85 replace the words ‘on behalf of Codford Parish Council’ with ‘from Codford Parish Council’

 

In Paragraph 7 of Minute 85, insert ‘the nature of the legal advice was explained by Sarah Marshall, Senior Solicitor’ in place of ‘the nature of the legal advice was discussed’

 

In Paragraph 7 of Minute 85 remove ‘the weight of evidence submitted by all parties’.

93.

Declarations of Interest

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

Minutes:

Councillor Jerry Wickham declared a non-pecuniary interest for item 7 noting  that he had been approached in the early stages and gave advice on the appropriate route for the footpath to follow.

94.

Chairman's Announcements

To receive any announcements through the Chair.

Minutes:

There were no Chairman’s Announcements.

 

The Chairman gave details of the exits to be used in the event of an emergency.

95.

Public Participation

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 by phone, email or in person no later than 2.50pm on the day of the meeting.

 

The rules on public participation in respect of planning applications are detailed in the Council’s Planning Code of Good Practice. 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.

 

Members of the public will have had the opportunity to make representations on the planning applications and to contact and lobby their local member and any other members of the planning committee prior to the meeting. Lobbying once the debate has started at the meeting is not permitted, including the circulation of new information, written or photographic which have not been verified by planning officers.

 

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 Wednesday 8 November 2017 in order to be guaranteed of a written response. In order to receive a verbal response questions must be submitted no later than 5pm on Friday 10 November 2017 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.

Minutes:

No questions had been received from councillors or members of the public.

 

The Chairman welcomed all present. He then explained the rules of public participation and the procedure to be followed at the meeting.

 

96.

Planning Appeals and Updates

To receive details of completed and pending appeals and other updates as appropriate.

Supporting documents:

Minutes:

The Planning Appeals Update Report for 06/10/17 to 03/11/17 was received.

 

As a supplemental to the above report, Cllr Ernie Clark enquired about the reasons and implications of the recent quashing of an appeal dismissal pursuant to refused application 16/01633/OUT at land south of Devizes Road in Hilperton. In response, the Committee was informed that the appellant had successfully challenged the appeal decision issued on 7 August 2017 on the grounds that the heritage impacts reasons for dismissing the appeal had not been fully considered during the hearing dated 6 June. The appeal would now need to be re-opened in front of another inspector.

 

Resolved:

 

To note the Planning Appeals Update Report for 06/10/17 to 03/11/17.

97.

Bratton Path No. 42 and Parish of Edington Path No 36

Supporting documents:

Minutes:

Public Participation

Frank Compton spoke in support of the order.

Ian Humphrey spoke in support of the order.

Michael Pierce spoke in support of the order.

Cllr Jeff Ligo on behalf of Bratton Parish Council spoke in support of the application.

 

Craig Harlow, Assistant Rights of Way Warden, presented the report, which recommended that order be forwarded to the Secretary of State with the recommendation the order be confirmed without modification. The history of the order and details of the route were provided, along with the extent of evidence.

 

Members of the Committee then had the opportunity to ask technical questions of the officers which focused on if the person who deposited the section 31, was the land owner at the time.

 

Members of the public then had the opportunity to address the Committee, as detailed above.

 

As local Member , Councillor Jerry Wickham spoke on the item noting that; Bratton had won the best kept village award in Wiltshire; it was a village where everyone knew what was happening in their village; the path was well known and established and that the evidence was compelling.

 

A motion to forward the order to the Secretary of State with a recommendation from Wiltshire Council that the order be confirmed without modification was moved by Councillor Jerry Wickham and seconded by Councillor Trevor Carbin, and at the conclusion of debate, it was,

 

Approved

 

To forward the order to the Secretary of State with a recommendation from Wiltshire Council that the order be confirmed without modification.

 

98.

Planning Applications

To consider and determine the following planning applications.

Minutes:

The Committee considered the following applications:

 

98a

17/06276/FUL-Trowle House, Wingfield

Supporting documents:

Minutes:

Public Participation

Helen Bennion spoke in objection to the application.

Gillian Williams  spoke in objection to the application.

Mathew Williams, agent, spoke in support of the application.

Claire Braunbarth spoke in support of the application.

Cllr Simon Taylor on behalf of Wingfield Parish Council spoke in objection to the application.

 

The senior planning officer, Steven Sims, introduced a report which recommended planning permission be granted for the change of use of Trowle House from a private dwelling (Class C3) and chiropractic and physiotherapy clinic (Use D1) to a mixed use comprising a private dwelling, a bed and breakfast establishment and a venue for small business, social and community events – with the events to take place within Trowle House itself and that no physical alterations were proposed and there was no requirement for listed building consent.

 

Key issues highlighted included the principle of development; the impact on the setting of the listed building; the impact on the Green Belt; the impact on the living conditions of neighbouring residents; the impact on the character of the area and highway safety and parking issues.

 

Members of the Committee then had the opportunity to ask technical questions of the officer which focused on: whether listed building consent was required; if WCS Core Policy 40 was the most appropriate policy to test this application against; and, how would the Council monitor and enforce against noise related nuisance.

 

Members of the public then had the opportunity to address the Committee, as detailed above.

 

The Chairman sought further clarification on the following issues raised during the public speaking: whether there is sufficient sewage capacity available to serve the development; how best to secure improvements to the site boundaries; and, whether there was a need for a traffic assessment. In response, the committee was advised that planning informatives could adequately address the sewage capacity and boundary treatment queries and it was confirmed that there was no requirement for a transport assessment to be undertaken for this proposed development. 

 

At the start of the debate a proposal was moved by Councillor Peter Fuller and seconded by Councillor Trevor Carbin to move the officer recommendation but to amend condition 5 so as to exclude Christmas and Good Friday for events taking place on site and to add two additional informatives for sewage and for a boundary treatments.

 

During the debate it was noted that access to the site was confusing and that the applicants should add signage.

 

At the end of the debate it was;

 

Resolved

 

To unanimously approve subject to 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 scale 1:1250 (dwg no. 17023-01) and Proposed Site Plan scale  ...  view the full minutes text for item 98a

99.

Urgent Items

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

 

Minutes:

There were no Urgent Items.