Agenda and minutes

Apologies for absence were received from Councillor Knight (substituted by Councillor Malcolm Hewson).

Councillor Mark Griffiths also offered his apologies as he would have to leave the meeting between 6.30 and 7.00 pm.

To approve the minutes of the last meeting held on 25 May 2011(copy attached.)

The minutes of the meeting held on 25 May 2011 were presented.

Resolved:

To approve as a correct record and sign the minutes of the meeting held on 25 May 2011.

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

W/11/01190/FUL - 8 Merlin Way, Bowerhill, Wiltshire, SN12 6TJ. Part change of use of existing building from D2 to Nightclub for evening works; proposed single storey side extensions and associated works.

Councillor Steve Petty declared a personal interest as a member of the Melksham Without Parish Council and explained that he had not taken part in the Parish Council’s decision. Councillor Petty gave his assurance that he would consider the application with an open mind.

Councillors Jonathon Seed, Mark Griffiths and Rod Eaton declared a personal interest as members of the Wiltshire Council Licensing Committee which may be asked to consider a licensing application from the same applicant. They gave their assurance that any decision made by the Western Area Planning Committee would have no prejudice on any future Licensing Application.

There were no Chairman’s Announcements although the Chairman took the opportunity to inform the committee that the planning department had temporarily moved to Shurnhold, Melksham but that the Western Area Planning Committee would still meet in the Council Chamber, Bradley Road, Trowbridge.

Members of the public who wish to speak either in favour or against an

application 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. 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.

To receive any questions from members of the Council or members of the

public 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 page of the agenda (acting on behalf of the Director of Resources) no later than 5pm on Wednesday 8 June 2011. Please contact the officer named on the front page of the 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 consider the report of the Corporate Director for Neighbourhood and Planning copy attached.

The Chairman informed the committee that the objections to the proposed diversion had been withdrawn. He further explained that Rights of Way officers could therefore confirm the Order without need for the matter to be forwarded to the Secretary of State for the Environment, Food and Rural Affairs for confirmation.

Resolved:

To note that the objections to the proposed diversion had been withdrawn and that Rights of Way officers would therefore confirm the Order without need for the matter to be forwarded to the Secretary of State for the Environment, Food and Rural Affairs for confirmation.

To consider and determine the following planning applications:

Public Participation:

-       Mr Brian Smyth spoke in objection to the application.

-       Mr Robert Oglesby spoke in objection to the application.

-       Mr Francis Dobbyn, Semington Parish Council representative, spoke in objection to the application.

Officers introduced the report which sought approval.

During the ensuing debate members of the committee, despite sympathy for the applicants’ circumstances, could not be satisfied that all the requirements stated in Policy CF12 had been met. It was also established during the debate that the site was located in open country side therefore the committee felt that the application was not compliant with the Development Plan. Members of the committee also felt that it was necessary to give weight to emerging Planning Policies.

It was therefore

Resolved:

That planning permission be REFUSED

For the following reasons:

1. The proposed development conflicts with the following criteria in policy CF12 of the West Wiltshire District Plan 1^st alteration in that:

(a)          It would result in a potential nuisance to adjoining land uses, including the crematorium;

(b)          The site is located in the open countryside and the proposed development encroaches into it, having an adverse impact on the appearance of the area;

(c)          The site is not suitable for long-term occupation as it is located on the opposite side of a busy road from the village of Semington and therefore does not provide a safe location with safe access to village facilities for those using the site;

(d)          The proposal involves access directly onto the A361, which forms part of the Primary Route Network in Wiltshire and therefore is contrary to Policy T8 of the Wiltshire and Swindon Structure Plan 2016, which seeks to prevent access from new developments directly onto the National Primary route network;

(f) The proposal is located remote from services and employment opportunities and is therefore contrary to the key aims of PPG 13.

2. The proposal conflicts with emerging local and national planning policy in that it is inappropriately located and could prejudice the Gypsy and Traveller Site Allocations Development Plan Document.

Councillor Mark Griffith asked for his abstention from the vote to be recorded as he had not been present when the application was presented and debated.

Public Participation:

-       Mr Richard Harlow, agent, spoke in support of the application.

-       Mr Gary Cooke, applicant, spoke in support of the application.

-       Mr Mike Mills, Chairman of Melksham Without Parish Council, relayed the Parish Council’s concerns.

Officers introduced the report which sought approval. During the ensuing debate it was agreed that most of the concerns raised could more properly be addressed in consideration of any subsequent application for a premises licence under the provisions of the Licensing Act 2003.

Resolved:

That planning permission be GRANTED

For the following reason:

The proposed development conforms to the Development Plan and there are no objections to it on planning grounds.

Subject to the following condition(s):

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. No development shall take place until a specific noise assessment is carried out with regard to the proposed plant, in this instance a kitchen extract unit. The measurement and assessment shall be made in accordance with BS4142: 1997 and the report must include any attenuation measures, if required. The assessment and mitigation works if necessary shall be submitted to and approved in writing by the local planning authority prior to any works taking place and shall be implemented prior to the extraction unit being brought into use.

REASON: In the interests of amenity.

POLICY: West Wiltshire District Plan 1st Alteration (2004) Policies E2 and C38.

3. In order to prevent noise break out from the venue the development shall be constructed in accordance with Section 5.1 to 5.3 of the Acoustic Report, Ref 30901.1v1, submitted as part of the application. The noise level of music within the proposed development shall not exceed the levels given in each frequency specified in Table 2 of the report and consequently the SRI values set out in Table 3 must be achieved. The applicant will need to submit written details for approval by the Local Planning Authority (LPA) that all the measures in the above Sections have been implemented prior to the use commencing and the details shall also include post installation acoustic testing showing compliance. If there are any proposed changes to the measures outlined in the report or the figures used (Table 2 and Table 3) they must be agreed in writing by the LPA prior to being implemented. Upon completion of the works forming part of the scheme no alterations to the structure, roof, doors, windows or external facades of the building shall be undertaken without the prior written approval of the LPA.

REASON: In the interests of amenity and in order to define the terms of this permission.

POLICY: West Wiltshire District Plan 1st Alteration (2004) Policies E2 and C38.

4. The hereby approved development shall not be first brought into use until the access gates have  ...  view the full minutes text for item 60b

Public Participation:

-       Mr Wyatt Birchall spoke in objection to the application.

-       Mr Clive Letchford spoke in objection to the application.

-       Mr Roger Smith, agent, spoke in support of the application.

Officers introduced the report which sought approval. During the ensuing debate it was clarified that the existing access created by a previous owner was to an unclassified road and planning permission had not been required; any further dispute over the legality of the access was not a material planning consideration for this application.

Resolved:

That planning permission be GRANTED

For the following reason

The proposed development conforms to the Development Plan and there are no objections to it on planning grounds.

Subject to 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. No development shall commence on site until details and samples of the materials to be used for all the external walls and roofs 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: In the interests of visual amenity and the character and appearance of the area.

POLICY: West Wiltshire District Plan - 1st Alteration policies H1 and C31a.

3. The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans:

LOCATION PLAN - drawing no. 2451-08 received 25.02.2011

SITE PLAN - drawing no. 2451-01 Rev H received 09.05.2011

EXISTING FLOOR PLANS - drawing no. 2451-02 received 25.02.2011

EXISTING ELEVATIONS - drawing no. 2451-03 received 25.02.2011

PROPOSED FLOOR PLANS - drawing no. 2451-04 Rev A received 25.02.2011

PROPOSED ELEVATIONS - drawing no. 2451-05 received 25.02.2011

PLANS FOR PLOTS 6 & 7 - drawing no. 2451-07 received 25.02.2011

GARAGING PLOTS 1 & 2 - drawing no. 2451-10 Rev A received 17.03.2011

GARAGING PLOTS 3, 6 & 7 - drawing no 2451-11 received 25.02.2011

PLANS FOR PLOTS 4 & 5 - drawing no. 2451-12 received 25.02.2011

REASON: To ensure that the development is carried out in accordance with the approved plans that have been judged to be acceptable by the Local Planning Authority.

4. The dwellings and flatted units hereby approved shall only be occupied as single private residential units and shall not be occupied as an HMO (Houses in Multiple Occupation). Before any of the dwellings hereby approved are first occupied, the use of Smallbrook house as an HMO shall permanently cease.

REASON: In the interests of highway safety and in order to define the terms of this permission.

5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, or any Order revoking and re-enacting that Order with or without modification, no development falling within Schedule

2, Part 1 Classes A-E of the Order, shall be carried out  ...  view the full minutes text for item 60c