Agenda and minutes

There were no apologies for absence.

To approve the minutes of the last meeting held on 30 May  2012 (copy attached.)

The minutes of the meeting held on 30 May 2012 were presented.

Resolved:

To approve as a correct record and sign the minutes of the meeting held on 30 May 2012.

There were no Chairman’s Announcements.

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

W/12/00467/FUL - Land North Of Craysmarsh Farm, Bowerhill Lane, Bowerhill, Wiltshire

W/12/00511/FUL - Land North Of 592 Semington Road, Melksham, Wiltshire   

Cllr Steve Petty declared a personal interest as a member of the Melksham Without Parish Council. Cllr Petty was not a member of the Melksham Without Parish Planning Committee and gave his assurance that he would consider the application with an open mind.

W/11/02689/FUL - Former Bowyers Site, Stallard Street, Trowbridge, Wiltshire  

Cllr John Knight declared a personal interest as a member of Trowbridge Town Council and its Development Control Committee, as well as Mayor of Trowbridge. Cllr Knight gave his assurance that he would consider the application with an open mind and would listen to the public participation and debate before reaching a decision.

Councillor Peter Fuller declared a personal interest as a member of Trowbridge Town Council and its Development Control Committee and gave his assurance that he would consider the application with an open mind.

W/12/00724/FUL - Eastleigh Court, Bishopstrow, Warminster, Wiltshire

Cllr Jonathon Seed declared a personal interest as he had had dealings with the National Trust and 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 13 June 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.

No questions had been received from councillors or members of the public.

The Chairman welcomed all present. He then explained the rules of public participation and the procedure to be followed at the meeting. He also took the opportunity to remind everyone to be mindful of allowing speakers to be heard during the public participation or Councillors’ debate.

To consider and determine the following planning applications:

Public Participation:

-       Mr Jonathon Knees spoke in objection to the application.

-       Mr Shaun Clarke, representing the town traders, spoke in objection to the application.

-       Mr Chris Tookey, representing ASDA, spoke in objection to the application.

-       Ms Rebecca Millard spoke in support of the application.

-       Mr Angus Horner, Managing Director for Prorsus, spoke in support of the application.

-       Mr Peter Keenan, planning consultant, spoke in support of the application.

The Area Development Manager introduced the report which recommended refusal of the application. He clarified that notwithstanding the Committee’s decision on this application at its last meeting, the application remained undetermined. The Committee was asked to consider the application in the context of relevant policies, the National Planning Policy Framework, the emerging Wiltshire Core Strategy, other material considerations and taking into account representations received.

The Area Development Manager confirmed that no agreement had been secured with Network Rail over closing off the station access as had been claimed by the applicant. He explained that highway objections had not been overcome, concerns over the adverse impact the proposal would have on the town centre. For these reasons in particular, he recommended that planning permission be refused.

Cllr de Rhe Philipe, Cabinet member for Economic Development and Strategic Planning commented on the application. She referred to the planning permission recently granted to develop the St Stephen’s Place site to provide cinema facilities. She explained that whilst she understood the desire for regeneration, the former Bowyers site offered a real opportunity to bring forward a town centre use that complements, not undermines other developments in the town. Cllr de Rhe Philipe assured the Committee that should the application be refused, she would instruct officers to work with the applicant with a view to achieving this.

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

A thorough debate ensued, during which it was moved and seconded that planning permission be refused as recommended for the reasons detailed in the report presented. For the avoidance of doubt, immediately before the vote was taken, the Chairman read out the motion in full and it was

Resolved:

That planning permission be REFUSED

For the following reasons:

1          The proposed development would be likely to have a significant adverse impact on the holistic planning of the Central Area of Trowbridge and undermine the sustainable development of the town contrary to policies LE1, SP3 and E5 of the West Wiltshire District Plan 1st Alteration 2004, Core Policies 28, 29, 38, 61 and 62 of the emerging Wiltshire Core Strategy and policies and objectives within the National Planning Policy Framework.

2          The proposal would result in a severe adverse impact on the local highway network, and for which no measures have been put forward by way of mitigation.  As such the proposal is contrary to policies E4, E5 and LE1 of the West Wiltshire District Plan 1st Alteration 2004, Core Policies 61 and 62 in the emerging Wiltshire  ...  view the full minutes text for item 54a

Public Participation:

-       Mr Tony Hill spoke in objection to the application.

-       Ms Aimee Cannon, (statement read out by the Chairman on Ms Cannon’s behalf) in support of the application.

-       Mr Tony Murch, representing Seend Parish Council, spoke in objection to the application.

The Area Development Manager introduced the report which recommended approval for the application.

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

A debate ensued during which it was moved and seconded that planning permission be granted as recommended and it was

Resolved:    

That Planning permission be GRANTED.

For the following reasons:

This proposal would make a significant and highly valued contribution towards Wiltshire’s renewable energy targets, and whilst local concerns exist over the industrialisation of the countryside, it has to be acknowledged that to provide the scale of renewable energy necessary to meet climate change targets, this type of development needs to be located in rural and semi-rural areas. The application has been subject to a rigorous assessment and it is concluded by officers that this is a well chosen site and through negotiations and revisions made to the scheme, the visual and landscape impacts would be low.

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       In the event of the PV modules hereby permitted ceasing to be used for the generation of renewable energy, they shall be removed from the site, together with any supporting infrastructure, including the inverter/transformer cabin and switch room, and the land restored to agricultural use, within six months of their cessation of use.

          REASON: In the interests of amenity and the circumstances of the use.

          POLICY: Wiltshire Structure Plan 2016 Policies C12 and RE1 and West Wiltshire District Plan 1st Alteration (2004) Policies C1 and C34; and the National Planning Policy Framework (NPPF).

3       The development shall be carried out and managed throughout the operational life of the development strictly in accordance with the hereby approved ecology priority matrix as detailed within table 5.11 of the Ecological Appraisal (published by Avian Ecology) dated 29 February 2012.

          REASON: In the interests of safeguarding ecological and biodiversity interests.

          POLICY: Wiltshire _ Swindon Structure Plan (2016) Policy C1 and The National Planning Policy Framework (NPPF).

4       No development shall commence until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro-geological context of the development, has been submitted to and approved in writing by the local planning authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. The scheme shall also include details of how the scheme shall be maintained and managed after completion.

          REASON: To prevent the increased risk of flooding, to  ...  view the full minutes text for item 54b

Public Participation:

-       Richard Bagnall spoke in objection to the application.

-       Ms Karen Taylor, Head of Planning for the National Trust, spoke in support of the application.

Cllr Andrew Davis, Unitary Councillor for Warminster East, addressed the committee.

The Area Development Manager introduced the report which recommended approval for the application. He explained that there was a balance to be struck between the impact on a heritage asset and relevant policies. He did not consider that harm would be caused as a result of granting planning permission.

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

In the debate which ensued, a motion for permission as recommended was moved and seconded and it was

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 development hereby permitted shall be carried out in accordance with the details shown on the following plans:

Plan Ref: PE1 04 Existing & Proposed Front & Side Elevations, dated March 2011, received by this office 18th April 2012

Plan Ref: PE1 05 Existing & Proposed Side & Rear Elevations, dated March 2011, received by this office 18th April 2012

Plan Ref: PE1 01/1 Rev A Proposed Ground Floor Plan, dated March 2011, received by this office 29th May 2012

Plan Ref: PE1 02/1 Rev A Proposed First Floor Plan, dated March 2011, received by this office 29th May 2012

Plan Ref: PE1 03/1 Rev A Proposed Second Floor Plan, dated March 2011, received by this office 29th May 2012

REASON:  In order to define the terms of this permission.

Public Participation:

-       Ms Sandra Yendry spoke in objection to the application.

-       Mr Peter King spoke in objection to the application.

-       Ms Carol May, applicant, spoke in support of the application.

-       Mr Mark Percival spoke in support of the application.

The Area Development Manager introduced the report which recommended approval for the application.

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

In the debate which ensued, it was suggested that the Committee should defer for a site visit to gain a better perspective of the proximity of the proposed dwelling and other properties.

Resolved:

To defer the application until a site visit had been organised to enable the committee to view the site and its surroundings.