Agenda and minutes

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

W/09/00941/FUL – Councillor Graham Payne declared that the applicant was known to him as he had frequently attended meetings of the former West Wiltshire District Council. However this was not a prejudicial interest and he would participate in the debate and vote.

Apologies for absence were received from Councillor John Knight (substituted by Councillor Trevor Carbin).

To approve the minutes of the last meeting held on 21^st April 2010 (copy attached.)

The minutes of the meeting held on 21 April 2010 were confirmed as a correct record and signed by the Chairman.

The Chairman welcomed Kevin Breslin, the Legal Officer for this meeting of the planning committee.

The Chairman also took the opportunity, as this meeting was the last one before elections of Chairmen and Vice-Chairmen at Wiltshire Council meeting on 18^th May 2010, to thank committee members and officers for their involvement with the Western Area Planning Committee.

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 and determine planning applications in the attached schedule.

The Committee considered the following applications:

The Officer introduced the report and pointed out that the plans had been revised as requested, the encroachment of the site into the countryside had been reduced and hedgerows had been added to screen the site.

Public Participation:

1.         Mr Wenn spoke in objection to the application

Councillor Christopher Newbury arrived at this point.

2.         Mrs Smith-Bendall spoke in support of the application

Councillor Julie Swabey, Unitary Member for Ethandune, raised concerns about the application.

Councillor Francis Morland, Unitary Member for Southwick (neighbouring Ward) raised concerns about the application.

The Committee discussed various issues including the lack of clarity of Governmental Guidance and Regulations with regards to Gypsies and Travelers’ planning applications.

The Committee then sought clarification from the Planning Officers on the conditions included in the report and discussed some further conditions to be included.

Resolved 

That planning permission be GRANTED

For the following reasons:

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     The site shall not be permanently occupied by persons other than gypsies and travellers as defined in paragraph 15 of ODPM Circular 01/2006, or any other subsequent legislation or guidance which defines persons' gypsy or traveller status.

       REASON: Planning permission has only been granted on the basis of a demonstrated unmet need for accommodation for gypsies and travellers and it is therefore necessary to keep the site available to meet that need.

       West Wiltshire District Plan 1st Alteration 2004 - POLICY: CF12

3     The occupation of the site hereby permitted shall be carried on only by Mr F Hughes, the applicant, and his resident dependants.

       REASON: Planning permission has only been granted on the basis of the personal circumstances and status of the applicant.

       West Wiltshire District Plan 1st Alteration 2004 - POLICY: CF12

4     No more than 2 caravans, as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968, of which no more than 1 shall be a permanently stationed mobile home, shall be on the site at any time.

       REASON: In the interests of the visual amenity of the area.

       West Wiltshire District Plan 1st Alteration (2004) POLICY CF12.

5     The development hereby permitted shall not be occupied or first brought into use until the area between the nearside carriageway edge and a line drawn 2.0 metres parallel thereto over the entire site frontage has been cleared of any obstruction to visibility at and above a height of 900mm above the nearside carriageway level. That area shall be maintained free of obstruction at all times thereafter.

       REASON: In the interests of highway safety.

       West Wiltshire District Plan 1st  ...  view the full minutes text for item 126a

The Chairman informed the Committee that a letter had been received from the applicant requesting, for personal reasons, a further deferral of approximately one month to enable him to attend the meeting when this application is considered.

Resolved:

1. To agree to defer, on the applicant’s request, the application until the 23^rd June 2010 meeting.

2. That the following additional information be obtained:

(a)       details of the relevant experience of the second consultant;

(b)       clarification of the financial situation.

Members of the Committee were informed of additional comments received as detailed in the Minutes’ Annex.

The officer introduced the report and pointed out that this was a revised application and that the proposed number of pieces of equipment had been reduced from four to three.

Public Participation:

1.         Mr Brown spoke in objection to the application.

2.         Mrs Bergerine spoke in objection to the application.

3.         Dr Bond, Chairman of the Recreation Field Committee and applicant, spoke in support of the application.

4.         Mrs Bond spoke in support of the application.

Councillor Francis Morland, Unitary Member for Southwick, spoke in support of the application.

Members of the Committee sought clarification over the involvement of the Area Board; it was explained that the Area Board Manager had not been involved with the issue beyond forwarding the Peace Memorial Trust’s submission to Development Control.

The Committee discussed the issues of noise, anti social behaviour and health benefits to the community.

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     The litter bin shall be installed and made ready for use prior to the installation of the exercise equipment and shall be retained as such in perpetuity thereafter.

       REASON: To ensure that provision is made to avoid nuisance from litter

       POLICY: West Wiltshire District Plan 1st Alteration 2004 – Policy C38

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.

To consider passing the following resolution:

To agree that in accordance with Section 100A(4) of the Local Government Act

1972 to exclude the public from the meeting for the business specified in Item

9 because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in paragraph 5 of Part I of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.

Resolved:

That in accordance with Section 100A(4) of the Local Government Act

1972 to exclude the press and the public from the meeting for the business specified in Item 9 because it was likely that if members of the press and the public were present there would be disclosure to them of exempt information as defined in paragraph 5 of Part I of Schedule 12A to the Act and the public interest in withholding the information outweighed the public interest in disclosing the information to the press and the public.

To consider the attached confidential report.

Councillor Mark Griffiths left at that point.

Resolved:

To note the report and endorse the officer’s decision made following consultation with the Chairman of the Western Area Planning Committee.