Agenda and minutes

Western Area Planning Committee - Wednesday 13 March 2024 3.00 pm

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

Contact: Ellen Ghey  Email: ellen.ghey@wiltshire.gov.uk

Media

Items
No. Item

9.

Apologies

To receive any apologies or substitutions for the meeting.

Minutes:

Apologies for absence were received from:

 

·       Councillor Ernie Clark

·       Councillor Trevor Carbin, who was substituted by Councillor Gordon King

·       Councillor Pip Ridout

 

10.

Minutes of the Previous Meeting

To approve and sign as a correct record the minutes of the meeting held on 17 January 2024.

Supporting documents:

Minutes:

The minutes of the previous meeting held on 17 January 2024 were considered. Following which, it was:

 

Resolved:

 

The Committee approved and signed the minutes of the previous meeting held on 17 January 2024 as a true and correct record.

 

 

11.

Declarations of Interest

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

Minutes:

There were no declarations of interest.

 

12.

Chairman's Announcements

To receive any announcements through the Chair.

Minutes:

There were no specific Chairman’s announcements.

 

13.

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 no later than 10 minutes before the start of the meeting. If it is on the day of the meeting registration should be done in person.

 

The rules on public participation in respect of planning applications are linked to 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 6 March 2024 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 8 March 2024. 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:

The Chairman explained the rules of public participation and the procedure to be followed at the meeting.

 

There were no questions or statements submitted by Councillors or members of the public.

 

14.

Planning Appeals and Updates

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

Supporting documents:

Minutes:

The Chairman invited Kenny Green, Development Management Team Leader, to update the Committee on the pending and determined appeals as per the appeals report included within the Agenda Pack.

 

The eight determined appeals were detailed, with Members being informed of the successful defence of all eight. Particular reference was made to the appeal decisions for applications PL/2021/10755, PL/2022/09397, and PL/2023/05160.

 

Members were also advised that following the publication of the agenda, the Planning Inspectorate had refused the appeal for application PL/2022/08726, pertaining to the erection of 1 No. dwelling and detached garage outside of Hilperton. Members were congratulated in refusing that application with the Planning Inspector concurring with the reasons for refusal identified; namely, the material harm the proposal would have on the setting and identity of Hilperton village and heritage assets.

 

Mr Francis Morland then presented a statement to the Committee under public participation and referenced the rules of procedure for public participation in Committee meetings in accordance with Wiltshire Council’s Constitution. Mr Morland then highlighted a missing appeal decision within the published list relating to application PL/2023/00952. Officers apologised for the oversight and reassured Members that the appeal decision would be included within the Agenda Pack for the next meeting of the Committee.

 

After which, it was:

 

Resolved:

 

The Committee noted the appeals report for the period 5 January 2024 to 1 March 2024.

 

15.

PL/2021/09739: Land Rear of 54 Woodmarsh, North Bradley, BA14 0SB

Outline Application for the construction of up to 23 residential units including detailed access on land to the rear of No. 54 Woodmarsh, North Bradley with all other matters including appearance, landscaping, layout and scale to be reserved.

Supporting documents:

Minutes:

Public Participation

 

·       Councillor Roger Evans, on behalf of North Bradley Parish Council, spoke in objection to the application.

 

The Senior Planning Officer, David Cox, presented a report which recommended that the cited application should be approved for the construction of up to 23 residential units including detailed permission for the vehicular access at land to the rear of No. 54 Woodmarsh, in North Bradley, with all other matters including appearance, landscaping, layout, and scale being reserved, subject to planning conditions, and the completion of a S106 agreement to deliver the essential infrastructure as set out within Section 9.6 of the original Committee report.

 

The background to the application was detailed, including the previous referral to the Committee on 27 September 2023. In recognition that the S106 agreement was still outstanding, and no decision had been issued, the application had been brought back for fresh consideration by Members in light of the material changes since September 2023 and most particularly the revised National Planning Policy Framework (NPPF) in December 2023.

 

 

Key material considerations were identified including the principle of the development; ecology issues and the impact on bats as part of the Trowbridge Bat Mitigation Strategy (TBMS); access and highway safety; impact on neighbouring amenity; drainage issues; archaeology and heritage matters; and S106 contributions.

 

Members of the Committee then had the opportunity to ask technical questions. In response to a query with regard to the TBMS, officers drew attention to the comments received by a Wiltshire Council Ecology Officer in the original report, and reiterated that although the revised Ecological Parameters Plan deviated from the principles of the TBMS, the overall undeveloped area of bat habitat proposed would provide continuity for bats through the landscape alongside purpose-built roosting replacements for the bat species and swallow migration areas that would be lost.

 

The named public speaker as detailed above, then had the opportunity to present their views to the Committee.

 

A debate followed where Members raised the public concerns with regard to surface water drainage and noted that they were satisfied with the protective measures in place in support of the TBMS.

 

During the debate, a motion to grant planning permission in line with officer recommendations was moved by Councillor David Vigar and was seconded by Councillor Stewart Palmen. Following a vote on the motion, it was:

 

Resolved:

 

The Committee GRANTED planning permission subject to the representatives of the late applicant first entering into a S106 agreement to deliver the essential infrastructure made necessary by the development as set out at section 9.6 of the original committee report, and subject to the following planning conditions:

 

1.       The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

 

REASON:  To comply with the provisions of Section 92 of the Town and Country Planning Act 1990 as amended by  ...  view the full minutes text for item 15.

16.

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.