Agenda and minutes

To receive any apologies or substitutions for the meeting.

Apologies for absence were received from:

·       Councillor Suzanne Wickham, who was substituted by Councillor Mike Sankey.

·       Councillor Edward Kirk.

To approve and sign as a correct record the minutes of the meeting held on 5 July 2023.

The minutes of the previous meeting held on 5 July 2023 were considered. Following which, it was:

Resolved:

The Committee approved and signed the minutes of the previous meeting held on 5 July 2023 as a true and correct record.

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

Councillor Ernie Clark highlighted that he was a Member of Hilperton Parish Council which had given its opinion on planning application PL/2022/08726 (Agenda Item 7). Cllr Clark noted that he had abstained from voting on the application during that meeting of the Parish Council, as detailed in those minutes, and as such, he stated that he had not predetermined his decision on the application.

To receive any announcements through the Chair.

There were no specific 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 will have had the opportunity to make representations on the planning applications and to contact and lobby their local member and any other members of the planning committee prior to the meeting. Lobbying once the debate has started at the meeting is not permitted, including the circulation of new information, written or photographic which have not been verified by planning officers.

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 20 September 2023 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 Friday 22 September 2023. 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 questions or statements submitted by Councillors or members of the public.

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

The Chairman invited Kenny Green, Development Management Team Leader, to update the pending and determined appeals as per the appeals report included within the Agenda Pack.

The appeal decision for application PL/2022/00784, pertaining to a delegated refused application to convert the Kings Head pub in Chitterne to residential use, was highlighted, and the Committee was informed of the successful defence of the appeal with direct reference made to the adopted Wiltshire Core Strategy and Policy that seeks to safeguard valued community assets.

Following which, it was:

Resolved:

The Committee noted the appeals report for the period 23 June 2023 to 15 September 2023.

Erection of 1No dwelling and detached garage.

Public Participation

Sasha Berezina, Planning Consultant Representative on behalf of Andrew Cresci, local resident, spoke in objection to the application.

Gavin Johnson, local resident, spoke in objection to the application.

Alex Moss, local resident, spoke in objection to the application.

Simon Chambers, agent for the applicant, spoke in support of the application.

Lucie Castleman, on behalf of Hilperton Parish Council, spoke in objection to the application.

The Senior Planning Officer, Gen Collins, introduced the report which recommended that the Committee gave delegated authority to the Head of Development Management to grant planning permission for the erection of one dwelling and detached garage, subject to planning conditions, and the completion of a S106 legal agreement covering the matters set out within Section 10 of the report.

It was noted that prior to the Committee meeting, a Member site visit had been undertaken, with the Case Officer being present.

Key material considerations were identified including the principle of development/Wiltshire Council’s 5-year housing land supply; the impacts on the living conditions of neighbouring residents; the impacts on the character of the area/setting of the Conservation Area; highways issues; ecology; and drainage issues.

Attention was drawn to late representations that had been submitted following publication of the agenda, one of which being from an ecological consultant representing a local resident, and additional submissions with respect to the impact on the adjacent Conservation Area, Wiltshire Council’s Ecologist’s assessments, the potential effect on landscape connectivity for bats, and the impacts on daylight and shadowing of neighbouring properties.

Following from this, the Case Officer reassured Members that following publication of the agenda, Natural England had provided written confirmation that it was satisfied the development would not result in significant or harmful ecological effects, and ratified the Council’s Ecologist’s assessment, and thus resolved one of the published headline recommendations within the report.

The Committee took a comfort break from 4.00pm to 4.10pm.

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

Details were sought on which trees and/or boundary hedging would be removed, retained, or replanted and how these would affect the screening between neighbouring properties. Questions were also asked about the Trowbridge Bat Mitigation Strategy (TBMS), the established bat flight lines and habitats, the assessments undertaken by the Council’s Ecologist, and how the development may impact the Conservation Area.

Members also queried the settlement boundaries of Trowbridge and Hilperton, the materiality of the made Hilperton Neighbourhood Plan and Hilperton Village Design Statement, the proposed scale and materials to be used, the relevance of Wiltshire Core Strategy Core Policy 2, and if the development was to be considered as an exception due to it being situated between the two boundaries.

Wiltshire Council’s housing shortfall and the inability of the Council to demonstrate a 5-year housing land supply was discussed alongside the receipt of Natural England’s written confirmation and agreement with the ecological assessments.

Members of the public then had the opportunity to present their views to the Committee as detailed above.  ...  view the full minutes text for item 48.

Outline Application for the construction of up to 23 residential units including detailed access on land to the rear of No. 54 Woodmarsh, North Bradley with all other matters including appearance, landscaping, layout and scale to be reserved.

Public Participation

Francis Morland, local resident, spoke in objection to the application.

Nigel Bedford, agent to the applicant, spoke in support of the application.

Councillor Roger Evans, on behalf of North Bradley Parish Council, spoke in objection to the application.

The Senior Planning Officer, David Cox, introduced the report which recommended that the outline application be approved for the construction of up to 23 residential units including detailed access on the land to the rear of No. 54 Woodmarsh, North Bradley, with all other matters including appearance, landscaping, layout, and scale to be reserved, subject to planning conditions, and the applicant first entering into a S106 agreement to deliver the essential infrastructure made necessary by the development as set out within Section 9.6 of the report.

Key material considerations were identified including the principle of the development; ecology issues and the impact on bats as part of the Trowbridge Bat Mitigation Strategy (TBMS); access and highway safety; impact on neighbouring amenity; drainage issues; archaeology and heritage matters; and S106 contributions.

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

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

The Unitary Division Member, Councillor Horace Prickett, then spoke in objection to the application.

A debate followed where the Bath and Bradford on Avon Bat Special Area of Conservation (SAC) and TBMS were discussed in respect of habitat and flight path concerns, the impacts of the increased traffic and light pollution created by the scheme, and who would be responsible for maintaining the green areas and existing bat habitats within the application site. The significant weight that Natural England, as a statutory consultee, carried in the planning process was highlighted alongside the lack of a 5-year housing land supply, with Members noting that the proposed scheme proffered less housing than was allocated within the made Plan, and the impacts of the enhanced tree planting and master planned open space were discussed.

Other issues raised included the North Bradley Neighbourhood Plan, maintaining the separation between the village of North Bradley and Trowbridge, and the proportion of affordable housing that would be delivered within the scheme.

During the debate, a motion to refuse planning permission was moved by Councillor David Vigar and was seconded by Councillor Trevor Carbin. Following a vote on the motion, it was:

Resolved:

The Committee GRANTED planning permission subject to the applicant first entering into a S106 agreement to deliver the essential infrastructure made necessary by the development set out within Section 9.6 of the report, and subject to the following planning conditions:

1.    The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

REASON:  To comply with the provisions of Section 92 of the Town and Country  ...  view the full minutes text for item 49.

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.