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Agenda and minutes

Venue: Civic Centre, St Stephens Place, Trowbridge, BA14 8AH. View directions

Contact: Kieran Elliott 

Items
No. Item

88.

Apologies for Absence

To receive any apologies or substitutions for the meeting.

Minutes:

Apologies for absence were received from Cllr Pip Ridout.

 

Cllr Ridout was substituted by Cllr Andrew Davis.

89.

Minutes of the Previous Meeting

To approve the minutes of the last meeting held on 03 October 2012.

Supporting documents:

Minutes:

The minutes of the meeting held on  03 October 2012 were presented. It was,

 

Resolved:

 

To APPROVE as a correct record and sign the minutes.

 

 

90.

Chairman's Announcements

To receive any announcements through the Chair.

Minutes:

The Chairman gave details of the exits to be used in the event of an emergency and introduced the officers present.

91.

Declarations of Interest

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

Minutes:

Cllr Peter Fuller declared a non-pecuniary interest in item 6d - 14 Newtown, Trowbridge - as a member of Trowbridge Town Council, where the application has been previously considered by its Development Control Committee. He declared he would consider the application on its merits and debate and vote with an open mind.

 

Cllr Peter Fuller also declared a non-pecuniary interest in item 6e - 5 Worsted Close - as he was a colleague of the objector through membership on Trowbridge Town Council. He declared he would vacate the Chair for the duration of the item and leave the room.

 

Cllr John Knight declared a non-pecuniary interest in Item 6a - 78A Whaddon, Hilperton - through knowing the applicant. He declared he would consider the application with an open mind.

 

Cllr John Knight also declared a non-pecuniary interest in items 6d - 14 Newtown, Trowbridge - and item 6e - 5 Worsted Close – as a member of Trowbridge Town Council. He declared he would consider the applications impartially and on their merits.

 

Cllr Ernie Clark explained that he had been advised outside of this meeting, by the Wiltshire Council Head of Governance that neither legislation nor the Wiltshire Council Code of Conduct required him to declare any interests other than those which were a disclosable pecuniary interest.

 

Cllr Jonathon Seed declared a non-pecuniary interest in Item 6a - 78A Whaddon, Hilperton - through knowing the applicant. He declared he would consider the application with an open mind.

 

92.

Public Participation and Councillors' Questions

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 17 October 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.

Minutes:

The Committee noted the rules on public participation.

 

93.

Planning Applications

To consider and determine the following planning applications:

Supporting documents:

93a

W/11/03231/FUL: 78A Whaddon, Hilperton

Supporting documents:

Minutes:

Public Participation

Mrs Sally Evans spoke in objection to the application.

Mr Tony Pieri spoke in objection to the application.

Mrs Pamela Fisher spoke in objection to the application.

Mr Benjamin Pearce, agent, spoke in support of the application.

Ms Liz Tucker spoke in support of the application.

 

 

The Planning Officer introduced a report which recommended approval, and detailed how the application had been deferred from the last meeting to arrange a site visit, which had now taken place and also amendments to condition 2 & 3. It was highlighted that the buildings on site were considered to be structurally sound, and attention was drawn to the history of usage at the site, highway issues and the comments of the police.

 

The Committee then had the opportunity to ask technical questions of the officer. Details regarding the additional passing place on the road to the site were sought, along with clarification on relevant policies to be considered.

 

Members of the public then had the opportunity to address the Committee with their views, as detailed above.

 

The Local Member, Cllr Ernie Clark, then spoke in objection to the application.

 

A discussion followed, where the highways impact were debated, along with the impact on amenity for local resident’s as a result of the change of use, potential clashes with emerging policies on development outside principal settlements and lack of enhancement of building. The sustainability of the site was raised, and whether this was a relevant consideration debated.

 

The structural soundness of the application buildings was queried, along with details of how the buildings were and could be sub-divided under current or future permissions. It was confirmed that some of the units were joined with a single access, and separate permission would be needed to alter the fabric of the structures if they were to be altered. It was also debated whether a time limit could be imposed on the B8 usage at the site.

 

At the conclusion of debate, it was,

 

Resolved:

 

That Planning Permission be GRANTED for the following reason:

 

The development is hereby approved as subject to appropriate mitigation, that can be secured through the imposition of appropriate planning conditions, the development accords with the development plan and would cause no significant demonstrable harm to any acknowledged planning interests.

 

Subject to the following conditions:

 

1        The development shall be carried out in accordance with the hereby approved plans:

          Drawing: LDC.1603.005 received on 22 May 2012;

          Drawing: LDC.1603.004 B received on 22 May 2012;

          Drawing: LDC.1603.003 received on 12 December 2011; and

          Drawing: LDC.1603.002 received on 12 December 2011.

 

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

 

2        The occupation of Building A and Building B within the specified areas below as identified on drawing LDC.1603.002 shall be for  those named below and their use . In the event that the below occupation(s) ceases the lawful use of those specific areas shall revert to B8 domestic storage only as detailed in condition 3:

 

          Building A, Unit 1 – Sheer Glass  ...  view the full minutes text for item 93a

93b

W/12/01169/FUL: Land Opposite Paxcroft Farm, Paxcroft, Hilperton,

Supporting documents:

Minutes:

Public Participation

Mr Mike James spoke in support of the application.

Mr Chris Beaver, agent, spoke in support of the application.

 

 

The Planning Officer introduced a report which recommended refusal. It was highlighted that the principle of the development had been accepted with previous applications, with the current plans reduced in scale, but that Highways issues were the major concern with the new application.

 

The Committee then had the opportunity to ask technical questions of the officers. In response to queries, officers detailed the Highways objections to the proposed application, including the 50mph speed limit on the Primary Route Network with 14,000 cars per day on average, and that although the peak times for the Rugby Club would be on Saturdays and Sundays, over short periods of time at those peak times there would be significant numbers of vehicles, and the proposal as submitted would allow the possibility of visitors attempting to turn right across the road into the sight despite signage restricting this option. It was confirmed Highways regarded the creation of a right turning lane, though more costly, as the safest and thus preferred option.

 

Members also raised questions regarding similarities with access issues and Chippenham Golf Course, which officers did not regard as comparable, and details of accidents on the two main roads serving the proposed Rugby Club and the Chippenham course were given. Questions were also raised regarding recent housing developments in the area and the impact of this on the road network and access points.

 

Members of the public then had the opportunity to address the Committee with their views, as detailed above.

 

The Local Member, Cllr Ernie Clark, then spoke in support of the application.

 

A debate followed, where details of any signage required to prevent inappropriate turning into the sign was raised, and the safety of the proposed access arrangements was debated.

 

After debate, it was,

 

Resolved:

 

That Planning Permission be GRANTED for the following reason:

 

The development is hereby approved as subject to appropriate mitigation, that can be secured through the imposition of appropriate planning conditions, the development accords with the development plan and would cause no significant demonstrable harm to any acknowledged planning interests.

 

Subject to the following conditions:

 

1. The development hereby permitted shall begin before the expiration of three years from the date of this permission.

 

REASON: In accordance with Section 91 of the Town & Country Planning Act 1990 as amended by Section 51 of the Planning & Compulsory Purchase Act 2004.

 

2. No development shall take place until samples of the materials to be used in the construction of the external surfaces of the development hereby permitted 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:  To ensure that the development harmonises with its setting.

POLICY:  West Wiltshire District Plan 1st Alteration 2004 - C31A. 

 

3. No development shall take place within the proposed development site until

a) a written programme of archaeological  ...  view the full minutes text for item 93b

93c

W/12/01675/FUL: Land at Smallbrook House, Smallbrook Gardens, Staverton

Supporting documents:

Minutes:

Public Participation

Mr Clive Letchford spoke in objection to the application.

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

 

 

The Planning Officer introduced a report which recommended approval. The key issues included the scale and design of the development, the highways impact and relationship to adjoining properties. The previous planning history on the site was highlighted, as detailed in the report papers.

 

The Committee then has the opportunity to ask technical questions of officers. Potential impacts on two care homes north of the site was sought, along with further aspects of the previously agreed permission. The request of the Fire and Rescue Service for a contribution from the developer was also raised. In response to queries, it was stated the increased development did not meet the requirements to request an affordable housing contribution.

 

Members of the public then had the opportunity to address the Committee with their views, as detailed above.

 

The Local Member, Cllr Trevor Carbin, then spoke in objection to the proposal.

 

A discussion followed, where the impact on local amenity was debated, along with the level of and timing of any construction traffic at the site and the extent of parking at the site.

 

After debate, it was,

 

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 occupied until the first five metres of the accesses, measured from the edge of the carriageway, have been consolidated and surfaced (not loose stone or gravel). All three accesses adjoining the public highway shall be maintained as such thereafter.

 

          REASON: In the interests of highway safety.

 

4        The dwellings hereby approved shall only be occupied as single private residential units and shall not be occupied as an HMO (House in Multiple Occupation). Before any of the dwellings hereby approved are first occupied, the use of Smallbrook house as and 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  ...  view the full minutes text for item 93c

93d

W/12/01544/FUL: 14 Newtown, Trowbridge

Supporting documents:

Minutes:

Public Participation

Mr Brent Hodges, agent, spoke in support of the application.

 

 

The Planning Officer introduced a report which recommended refusal. The key issues included the visual impact upon the surrounding area, the design of the application, and the relationship to adjoining properties.

 

The Committee then had the opportunity to ask technical questions of the officer. Details of the height of the proposed application were sought, and the extent to which the application would impact upon amenity. It was confirmed in response to queries that the neighbour in the closest property had not raised any objections, and that the owner of the property was the church.

 

Members of the public then had the opportunity to present their views to the Committee, as detailed above.

 

The Local Member, Cllr John Knight, then spoke and suggested a site visit was required to properly assess the application.

 

A debate followed, where the lack of objection from conservation officers, highways officers and town council was noted, and whether the visual impact of the application could properly be determined from information before the Committee.

 

At the end of discussion, it was,

 

Resolved:

 

That the application be DEFERRED to allow for a site visit of the application, which would take place prior to the next meeting of the Committee on 14 November 2012 at 3pm.

93e

W/12/01327/FUL: 5 Worsted Close, Trowbridge

Supporting documents:

Minutes:

Public Participation

Mr Ernie Newcombe spoke in objection to the application.

 

 

Cllr Peter Fuller left the Chair for reasons as detailed under Declarations of Interest and withdrew from the room, and Cllr Roy While took his place in the Chair.

 

The Planning Officer introduced a report which recommended approval. The key issues for consideration included the scale of development, visual impact, design and relationship to neighbouring properties. It was confirmed officers concluded there was limited loss of amenity involved in the proposals.

 

The Committee then had the opportunity to ask technical questions of the officer. A correction was made to the report, which listed Melksham rather than Trowbridge Town Council as objecting to the proposal. Details regarding the distance between the application and nearest neighbouring property were sought.

 

Members of the public then had the opportunity to present their views to the Committee, as detailed above.

 

A discussion followed, where the level of and potential for overdevelopment in the area was debated, as well as any precedent that could be set by approving the application. The impact of the proposal on amenity was also raised.

 

At the conclusion of debate, it was,

 

Resolved:

 

That Planning Permission be APPROVED 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        The materials to be used in the construction of the external surfaces of the development hereby permitted shall match those used in the existing building.

 

          REASON:  To ensure that the development harmonises with its setting.

 

          POLICY:  West Wiltshire District Plan - 1st Alteration 2004 - Policy C31A

 

3        Provision shall be made within the site for the disposal of surface water so as to prevent its discharge onto the highway, details of which shall have been submitted to and approved in writing by the Local Planning Authority.

 

          Reason : In the interests of Highway safety

 

          POLICY : West Wiltshire District Plan 1st Alteration 2004 – POLICY C31a

 

4        Notwithstanding the details submitted with the application, the windows on the south elevation extension hereby approved shall be fitted with obscure glazing.  The obscure glazing shall be maintained for the lifetime of the development hereby approved.

 

          REASON : To prevent overlooking of a neighbouring property.

 

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

 

5        The works on the two storey side extension shall not commence until the parking spaces have been completed in accordance with the details shown on the approved plans. The areas shall be maintained for those purposes at all times thereafter.

 

         REASON: In the interests of highway safety.

 

6        Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) Order 1995,  ...  view the full minutes text for item 93e

94.

Urgent Items

Any other items of business which, in the opinion of the Chairman, should be taken as a matter of urgency 

 

Minutes:

There were no urgent items.