Agenda and minutes

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 disclosable interests or dispensations granted by the Standards Committee.

1.    Councillor Peter Fuller declared a non-pecuniary interest in relation to agenda item 6a – Former Bowyers Site, Stallard Street, Trowbridge as he was a member of Trowbridge Town Council, where the application had been previously considered by its Development Control Committee.  He was also a member of the Trowbridge County Town Initiative.  He declared that he would consider the application on its merits and debate and vote with an open mind.

2.    Councillor John Knight declared a non-pecuniary interest in relation to agenda item 6a – Former Bowyers Site, Stallard Street, Trowbridge as he was a member of Trowbridge Town Council, where the application had been previously considered by its Development Control Committee.  He was also the current Mayor of Trowbridge. He declared that he would consider the application on its merits and debate and vote with an open mind.

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.

To consider and determine the following planning applications:

Public Participation

• Mr David Feather, Local resident, spoke in objection to the application

• Mrs Rebecca Millard, spoke in support of the application

• Mr Chris Quinsee, representing the applicant, spoke in support of the application

• Mr Lance Allen, representing Trowbridge Town Council and Transforming Trowbridge Board, spoke in support of the application

The Area Development Manager introduced the report which recommended approval, subject to conditions. He explained that the planning application was for the demolition and alteration of existing buildings and structures for a comprehensive redevelopment of the site comprising a food store (Use Class A1), non-food retail units (Use Class A1), leisure floorspace (Use Class D2), food and drink floorspace (Use Class A3/A4), and associated petrol filling station (sui generis) together with associated car parking, new access and landscaping. Members noted that since the preparation of the report additional letters of support and objection had been received.

Members of the Committee were reminded of the details of the previous application that was refused on 20 June 2012 and a subsequent appeal held in abeyance until 21 February 2013. It was noted that the context for determining this application now included the earlier decision and the reasons which supported it. The areas listed in the report included (i) impact on vitality /viability of the town centre; (ii) impact on planned and committed investment; (iii) impact on the highway network and (iv) integration with the railway station.

The Highways Officer continued to express concerns about the application, especially as the highway assessment continued to show that the proposed development would have a detrimental impact on the local highway network and would justify a refusal. 

He considered that the application should be refused on highway grounds, citing four reasons set out in the planning officer’s report.  Overall the planning officer felt that the current application was a significant improvement over the previous application, with the cinema complex no longer included and the new uses proposed being more complementary to the town centre than the previous proposal.  However the highway issues and impact on the traffic in the town centre were substantial objections and had not been satisfactorily addressed.  There would be an adverse impact on the highway network as a result of the proposals, but this had to be balanced with the benefits that the proposal would deliver in terms of redevelopment of this brown field site, re-use of historic buildings  and creation of job opportunities. 

The Area Development Manager advised members that they had a difficult balancing act to follow and would have to make a finely balanced judgement as to whether the highway problems should outweigh the benefits the proposal would deliver. 

Members asked technical questions in relation to the application, in particular about highway issues and whether the proposed planning obligation contribution of £250,000 was too low and would not cover all the necessary costs when spread over the required works.  The highways officer and Area Development Manager advised  ...  view the full minutes text for item 17.

Public Participation

• Mr Reed, local resident, spoke in objection to the application

• Mr Pomeroy, local resident, spoke in objection to the application

• Mr Smyth, local resident , spoke in objection of the application

• Mr Carpendale, Planning Consultant, spoke in support of the application

• Mr Carver, Highways Consultant, spoke in support of the application

The Area Team Leader introduced the report which recommended approval, subject to conditions. He explained that the planning application was for the demolition of 66 Damask Way and the erection of 23 dwellings (outline application with details of the means of access to be approved at this stage).  Members noted that since the preparation of the report an additional 5 letters of objection had been received.

Members of the Committee were informed that the application had received a great deal of local objection.  The site was within the current and projected town boundary limits, there were no supported highway concerns in terms of safety and capacity issues, there was no detrimental impact on the immediate landscape, the setting of the town or the nearby and important biodiversity habitats and the proposal would delivery an improved landscape setting at the edge of town.

Members then raised a number of technical issues in relation to the emergency access and the width of the access road and West Wiltshire District Plan policy C4 – landscape setting.

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

The local members, Councillors Keith Humphries and Andrew Davis, then spoke to the application. In particular they raised issues relating to the width of roads in the immediate area to take extra traffic movements, Kingdown School children walk past Damask Way on their way to and from school, severe concerns about the access to Damask Way, and the suitability of the emergency access to serve the site.

The Committee then considered the application and debated a number of issues. A concern was raised that there was insufficient detail supplied by the applicant to support an outline application of the scale proposed, that archaeological survey results were needed in advance:- that there could be an unacceptable impact on the River Avon and that insufficient highway analysis had been carried out.  Officers confirmed that there were no longer any objections from Natural England or the county archaeologist and that the information required to determine the application had been supplied by the applicants.

Resolved:

That the Area Development Manager be authorised to grant planning permission for this development in the event of a S106 Agreement being completed to secure the following:

An index linked education contribution towards 7 primary places (£12,713) per place and 5 secondary places (£19,155 per place)

An off-site leisure facilities contribution of £16,024 towards the upgrade of the tennis pavilion in Warminster Park

An offsite open space/play contribution of £15,297 towards the upgrade of the skate park in Warminster Park

A contribution of £6900 towards a  ...  view the full minutes text for item 18.

Public Participation

• Mr Cole, Agent, spoke in support of the application

• Mr Smyth, representing Semington Parish Council, spoke in objection to the application.

The Area Development Manager introduced the report which recommended approval, subject to conditions. He explained that the planning application was for a permanent traveller/gypsy site comprising one mobile home, one dayroom and one touring caravan.

Members of the Committee were informed that that the proposal was considered to be acceptable as it met the criteria in the Development Plan and emerging Core Strategy.  The Planning Inspector’s decision of December 2010 found that the site was acceptable for this use and temporary planning permission was granted for three years.  Government guidance had made it clear that even if the need for accommodation was met, further traveller sites could and should be permitted subject to meeting detailed local criteria.  Officers explained that in these circumstances the proposals would not cause any harm to acknowledged planning interests and would meet the local criteria of the West Wiltshire District Plan at Policy CF12 and the emerging criteria at Policy CP47 of the draft Core Strategy. 

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

The Local Member, Cllr Jonathon Seed, then spoke to the application. In particular he suggested that the permission from the Inspector was only a temporary permission for three years, as no other sites were then available.  This was no longer the case, as other sites had since received planning permission and there was no longer an outstanding need for new sites.  The Inspector had also stated that further development might conflict with Policy C31a of the West Wiltshire District Plan and this proposal included additional development in the form of a day room.  He therefore suggested a refusal of planning permission.

Resolved:

That Planning Permission be refused for the following reason(s):

1.    The original temporary planning permission was granted at a time when there was an outstanding need for gypsy and traveller sites in this part of Wiltshire. That need has now been met and the Council considers that there is no justification for a further site to be permitted in this location.

2.    The Inspector who granted the earlier temporary planning permission had concerns about the harm further development of this site would have on the appearance of the area and the consequent conflict with policy C31a of the West Wiltshire District Local Plan 1^st alteration. He refused permission for a dayroom on this basis. This proposal re-introduces a dayroom, which would add to the complex of buildings on the site and would have an adverse impact on the appearance of the landscape in this part of the open countryside, contrary to policy C31a.   

Public Participation

Mr Ken Mizen, local resident, spoke in objection to the application

Mr Richard Chruszcz, applicant, spoke in support of the application

The Planning Officer introduced the report which recommended approval, subject to conditions. He explained that the planning application was for material amendments to previous planning decision W/12/00016/FUL comprising of modifications to the gable roof; rear elevation exterior finish; alterations to patio windows and moving an exterior bedroom window, and internal layout changes.

Members of the Committee were informed that some of the alterations were permitted development and others would not cause any harmful impact on either the appearance of the street scene or the amenity of neighbouring properties and it is designed in accordance with Council policies.  The Officer also commented that condition 3 contained in the report was not required as this was permitted development if the applicant decided to install obscure glazing to the bathroom window.

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 to the application. In particular he raised issues relating to the materials used at the rear of the property.

The Committee then considered the application and debated a number of issues. It was suggested that details of the render colour should be submitted and agreed with the Local Planning Authority prior to the commencement of the development.

Resolved:

That Planning Permission be granted 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 development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans:

         Site Location Plan; Drawing No's 1112-01; 1112-02; 1112-03; 1112-04; 1112-05; 1112-06; 1112-07; 1112-08; 1112-10; 1112-11, received 14th November 2012 

          Reason: To ensure that the development is carried out in accordance with the approved plans that have been judged to be acceptable by the local planning authority.

3       Prior to the single storey rear extension permitted under 12/00016/FUL being first occupied the external ground floor rear walls shall be rendered and painted in a colour to be first agreed in writing by the local planning authority.

          REASON: In the interests of visual amenity and the character and appearance of the area.

          POLICY: West Wiltshire District Plan 1st Alteration 2004 - POLICY: C38.