Agenda item

Outline application for the erection of up to 205 dwellings, community hub, public open space, access, infrastructure and associated works (access to be approved with all other matters reserved).

Public Participation

Andrew Lee spoke in objection to the application.

Dr Tony Grieg spoke in objection to the application.

Ian Tinsley spoke in objection to the application.

Chris Marsh, Agent, spoke in support of the application.

Cllr Phil Keeble, Warminster Town Council, spoke in objection to the application.

David Cox, Senior Planning Officer, presented a report which recommended that the Planning Inspectorate be advised that had Wiltshire Council remained the deciding authority it would have refused permission for an outline application for the erection of up to 205 dwellings, community hub, public open space, access, infrastructure and associated works.

The background to the application including its initial approval by the Committee on 1 November 2023 subject to the signing of a s.106 legal agreement was detailed, along with revisions to the National Planning Policy Framework (NPPF) and the impact on the planning balance and other material considerations which had led to a change in recommendation from the officers.

Details were also provided of late and additional representations received. Key issues included the principle of the development, and housing delivery policies.

Members of the Committee had the opportunity to ask technical questions of the officer. It was confirmed that as the application was the subject of an appeal against non-determination, the Committee was being asked to confirm the determination it would have made, not to determine the application itself. Issues were also raised in relation to sewage, and that officers did not consider landscape impact objections would be a suitable reason for refusal.

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

The Local Unitary Member, Cllr Bill Parks, then spoke in objection to the application.

On the motion of Cllr Jonathan Seed, seconded by Cllr Elizabeth Threlfall, it was then without further discussion,

Resolved:

That the Planning Inspectorate be advised that had Wiltshire Council remained the deciding authority for this application then it would have refused planning permission for the following reasons:

1.    Principle of Development

Core Policy 1 of the Wiltshire Core Strategy sets out the 'Settlement Strategy' for the County, and in doing so identifies four tiers of settlement - Principal Settlement, Market Town, Local Service Centre, and Large and Small Village.  Within the Settlement Strategy Warminster is defined as a Large Village.  The Principal Settlements, Market Towns, Local Service Centres and Large Villages have defined boundaries, or ‘limits of development’.  Beyond the limits of development is countryside.  The application site lies beyond / outside the limits of development of Warminster, and so is in the countryside.

Core Policy 2 of the Wiltshire Core Strategy sets out the 'Delivery Strategy'.  It identifies the scale of growth appropriate within each settlement tier. The policy states that within the limits of development of those settlements with defined limits there is a presumption in favour of sustainable development; but outside the defined limits – that is, in the countryside – other in circumstances as permitted by other policies of the Plan, development will not be permitted, and that the limits of development may only be altered through identification of sites for development through subsequent Site Allocations Development Plan Documents and Neighbourhood Plans.

Core Policy 31 of the Wiltshire Core Strategy sets out the 'Spatial Strategy' for the Warminster Community Area in which the site lies. It states that development in the Warminster Community Area should be in accordance with the Settlement Strategy set out in Core Policy 1.

The proposal is for outline planning permission to erect up to 205 dwellings, etc. on the application site, which is in the countryside.  Under Core Policies 1, 2 and 31, this does not comply with the Settlement and Delivery Strategies as a matter of principle.  The Strategies are designed to ensure new developments satisfy the fundamental principles of sustainability, and so it follows that where a proposal such as this fails to comply with them then it will be unsustainable in this overarching context.  The application site is not identified for development in a Site Allocations Development Plan Document, and it is not allocated in a Neighbourhood Plan document.  Furthermore, there are no material considerations or exceptional circumstances, including set out in other policies of the Plan, which override the core policy's position.   The proposal is, therefore, contrary to Core Policies 1, 2 and 31 of the Wiltshire Core Strategy, Policy 1 of the Warminster Neighbourhood Plan and paragraphs 2, 7-15, 47 and 180(b) of the National Planning Policy Framework (NPPF), comprising unsustainable development.

2.    Lack of a signed Legal Agreement

The proposed development fails to provide and/or secure adequate provision for necessary on-site and, where appropriate, off-site infrastructure to make the application proposal acceptable in planning terms. The application is therefore contrary to policy CP3 of the adopted Wiltshire Core Strategy, and the National Planning Policy Framework, specifically the central social and environment sustainable development objectives enshrined within paragraph 8.

Informative to Applicant:

Reason for refusal 2 relates to the failure of the applicant to secure affordable housing and other financial contributions for the site.  In the event of an appeal it may be possible to address this through a suitably worded Planning Obligation.

It was requested it be noted that the decision to refuse permission was unanimous.