Agenda and draft minutes

To receive any apologies or substitutions for the meeting.

Apologies were received from:

Cllr Mike Sankey (Substituted by Cllr Ashley O’Neil)

Cllr Martin Smith (Substituted by Cllr Ruth Hopkinson)

To approve as a true and correct record the minutes of the previous meeting held on 17 July 2024.

The minutes of the last meeting of the Committee held on 17 July 2024 were considered for approval by the committee.

Resolved

To approve the minutes of the previous meeting held on 17 July 2024 as a true and correct record.

To receive any declarations of disclosable interests or dispensations granted by the Standards Committee or Monitoring Officer.

There were no declarations of interest.

To receive any announcements through the Chair.

There were no Chairman’s announcements.

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 no later than 10 minutes before the start of the meeting. If it is on the day of the meeting registration should be done in person.

The rules on public participation in respect of planning applications are linked to in the Council’s Planning Code of Good Practice. 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.

Members of the public and others will have had the opportunity to make representations on planning applications and other items on the agenda, and to contact and lobby their local elected member and any other members of the planning committee, prior to the meeting.

Those circulating such information prior to the meeting, written or photographic, are advised to also provide a copy to the case officer for the application or item, in order to officially log the material as a representation, which will be verbally summarised at the meeting by the relevant officer, not included within any officer slide presentation if one is made. Circulation of new information which has not been verified by planning officers or case officers is also not permitted during the meetings.

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 14 August 2024 in order to be guaranteed of a written response. In order to receive a verbal response questions must be submitted no later than 5pm on 16 August 2024. 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.

The Chairman explained the rules of public participation and the procedure to be followed at the meeting.

There were no statements or questions submitted.

To receive details of completed and pending appeals and other updates as appropriate.

The Chairman invited Adrian Walker, Development Management Team Leader, to update the Committee on the pending and determined appeals as per the appeals report included within the Agenda Pack.

It was stated that no planning appeals had been received or decided within the time period.

Followingwhich, itwas:

Resolved:

The Committee notedthe appeals reportfor the period 5 July to 9 August 2024.

Approval of all reserved matters comprising of the erection of 23 dwellings together with associated infrastructure and landscaping following Outline Planning Permission ref 20/08341/OUT.

Public Participation

·       Mrs Catherine Doody and Mrs Kim Power spoke in objection of the application.

·       Mr James Durant spoke in support of the application.

·       Mayor Cllr Phil Exton, representing Malmesbury Town Council, spoke in objection of the application.

Officers from the Development Management Area Team introduced the report which recommended that the Committee approve planning permission, subject to conditions, for a Reserved Matters Application of all reserved matters comprising of the erection of 23 dwellings together with associated infrastructure and landscaping following Outline Planning Permission ref 20/08341/OUT.

The main issues which were considered material in the determination of the application were:

• Principle of development

• Scale, design, impacts on the character and the appearance of the area

• Residential amenity/living conditions

Members of the Committee then had the opportunity to ask technical questions to the officer. The following was clarified:

• The reason for a green buffer zone was that there was another site on the opposite side of the zone. The buffer zone would be managed by a management company.

• Condition 10 included the preparation of a work schedule to look after the green buffer zone.

Members of the public then had the opportunity to present their views to the committee as detailed above. The local member, Cllr Gavin Grant, also spoke to the application.

A debate followed where Councillors raised concerns over a lack of information regarding flooding risks and EGRESS plans. Councillors were also frustrated at an inability to examine some information and conditions.

Core Policy 41 was also referred to as no sustainable energy strategy had been provided.

During debate, a motion to defer the application was proposed by Cllr Chuck Berry and seconded by Cllr Gavin Grant

RESOLVED

i)        To defer the application

ii)       To formally request that documents relating to flooding risk and EGRESS be made public

Full Planning Application for 56 dwellings, associated parking, public open space, landscaping access, drainage works and associated infrastructure.

Public Participation

·       Mrs Janet Morgan and Mr Matthew Short spoke in objection of the application.

·       Mr Mike Gover, Mr Max Thurgood and Mr Nick Paterson-Neild spoke in support of the application.

·       Andy Conroy spoke on behalf of Chippenham Town Council.

Officers from the Development Management Area Team introduced the report

which recommended that the Committee approve planning permission, subject to conditions, for the erection of 56 dwellings, associated parking, public open space, landscaping access, drainage works and associated infrastructure.

The main issues which were considered material in the determination of the application were:

• Relationship to adjoining properties
• Environmental / highway impact

Members of the Committee then had the opportunity to ask technical questions to the officer.

The following was clarified:

Cumulative impact had not been considered, except for any potential impact on early years provision.

Members of the public then had the opportunity to present their views to the committee as detailed above. The local member, Cllr Peter Hutton, also spoke to the application.

A debate followed where Councillors discussed the designation of the land and Core Policies 35 and 61. Councillors also raised concern with discrepancies and ambiguity in the Planning report.

During debate, motions to approve and reject the application both failed.

A motion to defer was moved by Cllr Ruth Hopkinson and seconded by Cllr Ashley O’Neil.

RESOLVED

To defer the application

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.