Agenda and minutes

Apologies for absence were received from Cllr Peter Fuller.

To approve the minutes of the last meeting held on 11 July 2012 (copy attached.)

The minutes of the meeting held on 11 July 2012 were presented.

Resolved:

To approve as a correct record and sign the minutes of the meeting held on 11 July 2012.

There were no Chairman’s Announcements.

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

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

W/11/01132/FUL - Land At Grange Farm, Bratton Road, West Ashton, Wiltshire 

Cllr Jonathon Seed declared that he knew both the applicant and objectors for this application, but gave his assurance that he would consider the application with an open mind.

W/12/00596/S73 - Upper Poles Hole, Southwick, Wiltshire

Cllr Jonathon Seed declared that he knew the applicant for this application, but gave his assurance that he would consider the application with an open mind.

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 no later than 5pm on Wednesday 25 July 2012.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.

The Chairman welcomed all present.

No questions had been received from members of the public but a question had been received from Cllr Ernie Clark, which was circulated at the meeting and is attached, with the answer given, to these minutes.

Cllr Clark asked a supplementary question regarding the accuracy of the first paragraph of the second bullet point in the response and it was agreed that this would be answered outside of the meeting.

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

Please note that the planning application was withdrawn by the applicant and will therefore not be considered by the Western Area Planning Committee.

The Chairman explained that the applicant had withdrawn this application which would therefore not be considered by the Western Area Planning Committee. The order of the agenda would be amended to reflect this.

To consider and determine the following planning applications:

-       Ms Jennifer Gale spoke in objection to the application

-       Mr Guy Marson, Headteacher for the Steiner Academy School, spoke in support of the application.

-       A statement from Ms Marion Liquorice in support of the application was read out.

The Area Development Manager introduced the report which recommended approval and listed the planning policies to be considered, he also pointed out that the National Planning Policy Framework encouraged support for new schools.

Members of the public then had the opportunity to speak as detailed above.

Cllr Fleur de Rhé-Philipe, Unitary Councillor for Warminster Without, expressed her relief at seeing that her original concerns had been addressed by the applicant after consultation with Wiltshire Council, and therefore could not see any planning reasons to refuse this temporary application.

During the ensuing debate it was clarified that the number of mobile classrooms stated in the report was accurate, that the number of parking spaces was deemed appropriate and that the school had little control over the date by which it must be open.

Resolved:

That planning permission be GRANTED.

For the following reason(s):

The proposed development is supported by both the policies of the West Wiltshire District Plan (CF1) and the National Planning Policy Framework. As the proposal is for a temporary use only, it is considered that the limited envisaged impacts on both the highway network and the setting of the listed building will be short-term in duration and are consequently acceptable for this limited period.

Subject to the following condition(s):

1. When the site ceases to be occupied by The Steiner School; or by the end of September 2014, whichever shall first occur, the use hereby permitted shall cease and the temporary buildings brought on to the premises by the applicants in connection with the use shall be removed.

REASON: The permission has been sought for a temporary period only and the envisaged limited impacts are acceptable for this limited time period. Granting permission for this temporary proposal accords with the guidance issued by the Government in relation to supporting new schools.

2. The proposed fencing shall be powder coated black.

REASON: To protect the setting of the listed building.

3. The development shall be carried out in accordance with the details contained within the Steiner Academy Travel Plan for the site and the monitoring and review procedures contained therein shall be adhered to in accordance with the timings contained within the Plan.

REASON: In the interests of road safety.

4. This permission relates to the following plans: J8/04020; AL(00)01 D; AL(00) 02B; 03B; 04B; 05B; 06C; 07C; 08F; 09C; 10C; 11C; 12; 13.

REASON: To define the approved plans.

-       Mr Gordon Duncan spoke in objection to the application.

-       Mr Ted King, representing the Friends of Woolley, spoke in objection to the application.

-       Mr Phil Rimmer spoke in objection to the application.

-       Mr Gary Llewellyn, planning consultant, spoke in support of the application.

-       Mrs Gwen Allison, Bradford on Avon Town Councillor, spoke in objection to the application.

The Area Development Manager introduced the report which recommended approval and pointed out that the following had been received since the publication of the agenda:

·         A petition with 142 signatures objecting to the application;

·         Late representations from the Friends of Woolley regarding the impact on trees;

·         Late representations from a local resident regarding the impact on amenities;

·         Late representations expressing the view that holding a planning meeting during the holiday period was inconsiderate.

In response to technical questions asked the following was clarified; the footpath to access the allotment was privately owned and not a Public Right of Way.

Private rights may exist, but these were not a planning matter. and it may be unavoidable for the footpath to be unavailable during certain stages of the development, future occupiers of the houses would be expected to fund the private management company responsible for of the green spaces, 14 parking spaces would be available in total.

Members of the public then had the opportunity to speak as detailed above.

Cllr Rosemary Brown, Unitary Councillor for Bradford on Avon North, spoke in objection to the application and urged members of the committee to consider a site visit.

During the ensuing debate Councillors raised issues  about the status of the orchard and the status of the Woolley Plan, and considered  that a site visit was necessary before being able to determine this application, it was therefore

Resolved:

To defer the application until:

1.    A site visit had taken place;

2.    Clarification of whether the orchard was a county wildlife site had been obtained;

3.    Clarification about the status of the Woolley Plan as a material consideration had been established.

-       Mr Hugh Hancock spoke in objection to the application.

-       Mr Peter Westlake, West Ashton Parish Councillor, spoke in objection to the application.

The Area Development Manager introduced the report which recommended approval.

Members of the public then had the opportunity to speak as detailed above.

Cllr Francis Morland, Unitary Councillor for Southwick, explained his reasons for calling in the application and expressed his concerns.

During the ensuing debate the following was clarified; there was only one application (for the formation of a lake and erection of four workshops) as it was a single holding seeking diversification, an application for change of use would have to be submitted for the workshops to be used for anything else other than B1 uses.

Resolved:

That planning permission be GRANTED.

For the following reason(s):

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 commence on site until details and samples of the materials to be used for 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.

          West Wiltshire District Plan 1st Alteration 2004 - POLICY: C1, C2 and C31a.

3       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting or amending that Order with or without modification), the workshop buildings permitted in terms of this application shall be used solely for purposes within Class B1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended by the Town and Country Planning (Use Classes) (Amendment)(England) Order 2005 (or in any provisions equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification).

          REASON:  The proposed use is acceptable but the Local Planning Authority wish to consider any future proposal for a change of use, other than a use within the same classes, having regard to the circumstances of the case.

          West Wiltshire District Plan 1st Alteration 2004 : POLICY C1 & C38

4       No external lighting shall be installed on site until plans showing the type of light appliance, the height and position of fitting, illumination levels and light spillage have been submitted to and approved in writing by the Local Planning Authority.  The lighting approved shall be installed and shall be maintained in accordance with the approved details.

          REASON: In the interests of the amenities of the area and to minimise unnecessary light spillage above and outside the development site.

          West  ...  view the full minutes text for item 69c

-       Mr Tony Doel, applicant, spoke in support of the application.

-       Mr Mark Willis, agent, spoke in support of the application.

-       Mr Ted Pomeroy, Southwick Parish Councillor, spoke in support of the application.

The Area Development Manager introduced the report which recommended refusal of the removal of condition 2 (holiday use) of planning permission W/04/01008/FUL dated 16/07/04.

Members of the public then had the opportunity to speak as detailed above.

Cllr Francis Morland, Unitary Councillor for Southwick, read out his reasons for calling in the application as they had been summarised in the report. Cllr Morland spoke in support of the application but invited members of the committee to review the original conditions for the application should they be minded to remove condition 2.

During the ensuing debate members of the committee deplored the lack of evidence to support the applicant’s claim that there was no demand for that type of holiday let, however most members felt that there may be more demand for this type of accommodation as a permanent dwelling and that it would be better to have the building in use than lying vacant.

Resolved:

To remove condition 2 (holiday use) of planning permission W/04/01008/FUL dated 16/07/04.

For the following reason(s):

There is inadequate demand for holiday accommodation of the nature presented by these two small properties in this location, and the removal of the condition will prevent the properties from remaining vacant whilst helping meet local housing needs for small single bedroom dwellings.

Subject to the following condition(s):

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 failing within Schedule 2, Part 1 Classes A-C of the Order, shall be carried out to either property without the express planning permission of the Local Planning Authority.

REASON: In order to protect the amenity of the occupiers of these properties and to control the extension of the dwellings that could lead to family occupation on a site that is remote from services and a safe pedestrian access to the nearest settlement of Southwick.