Agenda and minutes

There were no apologies

To approve the minutes of the last meeting held on 17 February 2010     (copy attached.)

The minutes of the meeting held on 17 February 2010 were confirmed as a correct record and signed by the Chairman.

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

THE WILTSHIRE COUNTY COUNCIL SHEET ST95NW PARISH OF KEEVIL – KEEVIL 23 AND WILTSHIRE COUNTY COUNCIL SHEET ST96SW PARISH OF SEEND – SEEND 57 RIGHTS OF WAY MODIFICATION ORDER 21 2008

Councillor Jonathon Seed declared a personal interest in this item as Joint Master of the Avon Vale Hunt and gave his assurance that he would consider the application on its own merit and with an open mind.

W/09/00690/FUL

Councillors Rod Eaton, Mark Griffiths, Jonathon Seed and Roy While declared a personal interest in this item as members of the Melksham Area Board and gave their assurance that they would consider the application on its own merit and with an open mind

There were no Chairman’s Announcements

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.

The Chairman explained the rules of Public Participation.

To consider the report of the Corporate Director for Transport, Environment and Leisure, copy attached.

Sally Madgwick introduced the report and reminded members of the committee that they must decide whether the Order be confirmed, confirmed with modification or not be confirmed and must be satisfied that on the balance of probabilities evidence supported their decision.

It was explained that the Committee’s decision had to be based on the historical evidence that had been presented, rather than on any views as to the merits of the proposed reclassification.

Public Participation:

1.         Mr Robert Noad spoke in objection to the rights of way modification order

2.         Mr Francis Banfield spoke in objection to the rights of way modification order

3.         Ms Lucy Garton spoke in support of the rights of way modification order

4.         Mr Richard Berry spoke in support of the rights of way modification order

5.         Mrs Debbie Hiscock spoke in support of the rights of way modification order

Councillor Francis Morland, Unitary Member for Southwick, spoke in support of the rights of way modification order

Resolved:

That the Wiltshire County Council Sheet ST95NW Parish of Keevil – Keevil 23 and the Wiltshire County Council Sheet ST96SW Parish of Seend – Seend 57 Rights of Way Modification Order 21 2008 be submitted to the Secretary of State for Environment, Food and Rural Affairs, together with the objection and representations, with the recommendation that the Order be confirmed with the modification that all references to Seend 57 be altered to read Seend 59.

Councillor Malcom Hewson left the meeting

To consider and determine planning applications in the attached schedule.

110.1  W/09/00690/FUL Erection of a single storey 1,937sq m gross extension to the east and western elevations of the store; car park improvements and an extension to the south west of the existing car park resulting in an additional 91 car parking spaces; relocation of the petrol filling station from the river Avon to the south eastern area of the site; revised service yard arrangements; provision of an online service facility; construction of a new pedestrian link with town centre; and landscape and ecological improvements to enhance the nature and amenity value of the site and the surrounding land to the south west

- Sainsbury Store Bath Road Melksham Wiltshire SN12 6L

Members of the committee were informed of additional comments received from the Conservation Officer, the Councils Area Highway Engineer and Planning Officer as detailed in the Minutes’ Annex.

Public Speaking:

1.         Mr Robert Machen spoke in objection to the application

2.         Mr James Veakins spoke in objection to the application

3.         Mr Richard Wiltshire spoke in objection to the application

4.         Mr David Lowin, agent for the applicant, spoke in support of the application

5.         Mrs Sarah Cardy, Melksham Town Council, spoke in objection to the application

Resolved:

That planning permission be REFUSED contrary to officer recommendation

For the following reasons:

1     The risk of increased flooding in the vicinity of the proposed development including the extended car park would outweigh the benefits of the proposed development and as such would be contrary to advice in Planning Policy Statement 25 - Development and Flood Risk

2     The relocation of the petrol filling station to the former Bear Yard car park would be detrimental  to the amenities of nearby residents by the reason of noise, light and fumes contrary to the provisions of policies C35 and C38 of the West Wiltshire District Plan 1st Alteration 2004.

3     The proposed development, most notably the petrol Filling Station canopy and the extensions to the store and its car park would by reason of their design, materials, form and location be detrimental to the character and appearance of the adjoining Conservation Area and harmful to the setting of nearby Listed Buildings contrary to policies C17, C18 and C19 of the West Wiltshire District Plan 1st Alteration 2004

110.2  W/09/02622/FUL Mobile home, day room and retention of existing pair of sheds - Land At Capps Lane Bratton Wiltshire

Members of the committee were informed of additional comments received from a local resident and the Planning Officer as detailed in the Minutes’ Annex.

Public participation:

1.         Mr Tony Venn spoke in objection to the application

2.         Miss Leanne Harris, daughter of the applicant, spoke in support of the application

3.         Mrs Sally Woodbury, chairman of the Roman Gypsy Advisory Group, spoke in support of the application

Councillor Julie Swabey, Unitary Member for Ethandune, spoke in objection to the application

Resolved:

That the application be DEFERRED until the following additional information has been obtained:

·        To clarify the enforcement action applying to the previous owner

·        To  ...  view the full minutes text for item 110.

To receive details of appeal decisions and appeals pending (see attached schedule.)

Resolved:

To note the Planning Appeals Update Report

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.