Agenda item

Public Participation

Mr John Bryant spoke in objection to the application.

Mr Ron Champion, Laverstock and Ford Parish Council, spoke in support of the application.

The Planning Officer introduced the item, explaining that following the Committee meeting on 05 September 2013 where the application had been delegated to the Area Development Manager to approve subject to conditions and the completion of a s.106 legal agreement, the applicants had lodged an appeal the next morning prior to receiving the formal notice of the decision, appealing against the non-determination of the application because of the delays in bringing the item forward for determination.

Attention was drawn to the additional information as attached to these minutes, which detailed the applicant’s grounds for appeal, relating to the restriction on the opening hours of the shop, restrictions on the land offered to the school for educational purposes and a dispute over the s.106 contributions.

It was stated that officers therefore sought the Committee’s approval for the proposed resolution to form the basis of any appeal challenge by the Council.

Members of the Committee then had the opportunity to ask questions of the officer. It was confirmed in response to queries that Members could amend their resolution from the Committee meeting on 05 September 2013 if they felt certain aspects should be reconsidered. It was also clarified that the Council’s Education Department intended to utilise the land offered by the developers for educational use at the local school, meaning that even if a clause was retained stating the land should be used for open space if not used for that purpose, or that it should be returned to the applicant in that circumstance, there was little prospect of that clause being utilised.

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

The Local Member, Councillor Ian McLennan, reiterated his support for the application on the terms as agreed by the Committee at its previous meeting.

A debate followed where which issues required provision to mitigate the impacts of the development, to be included in any appeal challenge by the Council, was raised, along with the appropriateness of the restriction on opening and delivery hours for the proposed shop.

At the conclusion of debate, it was,

Resolved:

To approve the grounds for challenging the applicant’s appeal as follows:

1)    The proposal would result in additional dwellings, and hence additional impacts, on existing and proposed facilities. To mitigate the impacts of the development, provision would therefore need to be made towards the following:

·         Additional Educational facilities/contributions including secure use of the blue land as part of the adjacent school, or otherwise as public open space

·         Provision of suitable additional waste and recycling provision/contributions

·         Provision of additional open play space financial contributions

·         Financial contribution towards stone curlew project

·         Additional Public open space facilities/contributions

·         Additional public art financial contributions

·         Additional transportation financial contributions/sustainable transport initiatives

·         Additional Financial Contribution towards planned community centre

·         Secure affordable housing provision, including 4 additional affordable housing units

·         Marketing of shop and provision/timing of shops/surgery

·         The provision of an adopted path across the site and unfettered

pedestrian and cycle access to and from Partridge Way

·         A financial contribution towards Wiltshire Fire and Rescue services

·         A financial contribution towards the provision of cemetery facilities

However, the absence of any provision being made at this time for mitigation towards the enhancement of these facilities or any financial contribution offered towards them, the proposal is considered to be contrary to policies CP3, CP21 & CP22 of the adopted South Wiltshire Core Strategy, policy WCS 6 of the Waste Core Strategy, and saved policies G2 (ii), D8 & R2 and R4 of the Salisbury District Local Plan, and guidance provided in the NPPF regards planning obligations.”

2) Members resolved to approve the application, and sought to reach a balance between the requirements of the commercial operation and the protection of residential amenity. Members therefore resolved to expand Condition 13 to widen the delivery times. However, the local centre would be located within close proximity to existing dwellings, and directly beneath proposed residential apartments. As a result, Members resolved to expand the opening time to 7am, but sought to restrict the closing time to 10pm seven days a week. It is therefore considered that the proposed closing time of 11pm would result in a use which may cause harm in terms of general noise and disturbance to adjacent residential amenity, contrary to saved policy G2 of the Salisbury District Local Plan.