Agenda and minutes

To receive any apologies or substitutions for the meeting.

Apologies for absence were received from Councillors Sarah Gibson, Pip Ridout, and Elizabeth Threlfall.

Councillor Gibson was substituted by Councillor Stewart Palmen.

Councillor Ridout was substituted by Councillor Nic Puntis.

To approve and sign as a correct record the minutes of the meeting held on 16 August 2023.

The minutes of the meeting held on 16 August 2023 were presented for consideration, and it was,

Resolved:

To approve and sign the minutes as a true and correct record.

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

In relation to application PL/2021/03749 - Land at Glenmore Farm, The Ham/Hawkeridge Road, Westbury, BA13 4HQ: Councillor Carole King declared a non-pecuniary interest. This was that that the land mentioned in the application used to be owned and farmed by the family who own and manage New Farm/The Old Dairy. A member of her husband’s family was married to one of the sons who currently farmed there. This interest did not preclude Councillor King from taking part in the debate and vote, and she confirmed she would consider the matter with an open mind.

Councillor Christopher Newbury also declared a personal interest in application PL/2021/03749. He stated that he would not take part in discussion or vote and left the meeting at the start of that item.

(Note: Councillor Newbury’s interest was declared later in the meeting as he had arrived after the start of the meeting).

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 10.20am on the day 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. Representatives of Parish Councils are included separately in the speaking procedure, please contact the officer listed for details.

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 25 October 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 27 October 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 procedure for public participation was explained and noted.

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

The planning appeals report detailed in the agenda pack was received and noted.

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 Anthony 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.

The Senior Planning Officer, David Cox, presented a report recommending approval of an outline application for the erection of up to 205 dwellings, community hub, public open space, access, infrastructure and associated works.

Key issues were stated to include the principle of development, highways impact and access, impact on landscape, and impact on biodiversity including phosphorus. It was confirmed that in the event of approval the applicant’s intended to apply to divert a right of way that ran through the site and use s.106 monies to improve a level crossing. It was confirmed the grading of the land was grades 2 and 3.

Details were provided of representations received since publication of the agenda, along with relevant national and local planning policies, the tilted balance standard being engaged due to the lack of a 5-year housing land supply. An additional condition was also recommended regarding visibility splays, and an update to existing condition 7 on trigger points. Natural England had also responded to confirm acceptance of the habitat regulations assessment regarding phosphate mitigation, meeting all ecology requirements.

Members of the Committee then had the opportunity to ask technical questions of the officers. Clarity was sought on the proposed drainage system, trigger points for development and affordable housing provision. Details were provided on conditions to ensure sewage treatment was operating effectively before more homes were constructed, with the method being used elsewhere and no objections from the drainage team or ecologist. Further details relating to the affordable housing would be determined with a reserved matters application.

Other matters raised included questions relating to potential density of housing on the site, the proposed footpath diversion, which it was confirmed was supported by highways and Network Rail, and the emerging Local Plan, which it was confirmed could be given limited weight at its current stage. Detail was sought on the grading of the land, the inclusion of a community hub as part of the conditions, management of open space, and other matters relating to the proposed s.106 agreement. It was confirmed the application is for up to 205 dwellings, with a technical matter relating to phosphate and ecology requiring sign off by Natural England for even 165 dwellings.

Members of the Public then had the opportunity to address the Committee, as detailed above.

The local unitary Member, Councillor Bill Parks, then spoke in objection to the application. He drew attention to the complexity of the application, the objections from elected representatives and others, and considered the application was contrary to the National Planning Policy Framework. He requested the Committee reject the application.

Councillor Pip Ridout was also in attendance as a local Member from Warminster, not in her capacity as a Committee Member, and also  ...  view the full minutes text for item 62.

Residential development (use class C3) for up to 145 homes,

community orchard, children's play areas (LEAP), tree planting,

habitat creation and ecology buffers and mitigation; site drainage

and associated infrastructure. All matters reserved except for

access.

Public Participation

David Jenkins spoke in objection to the application.

Francis Morland spoke in objection to the application.

Jemma Shorrock, agent, spoke in support of the application.

Cllr John Masson, Heywood Parish Council, spoke in objection to the application.

The Senior Planning Officer, Gen Collins, presented a report recommending approval of an outline application for residential development (use class C3) for up to 145 homes, community orchard, children's play areas (LEAP), tree planting, habitat creation and ecology buffers and mitigation; site drainage and associated infrastructure. All detailed matters were to be reserved for a full application except for access.

Key issues were stated to include the principle of development, impact on landscape, heritage, highway safety and drainage. It was stated the agenda supplement included details of an update to the officer recommendation. The impacted of the tilted balance as a result of the lack of five-year housing land supply was explained, along with no technical highways objections, with details provided around proposed mitigations on highways impacts.

Members of the Committee then had the opportunity to ask technical questions of the officers. Details were sought on the contribution to bus service improvements included within the proposed terms for the s.106 agreement, on management of the green space on the site, on drainage matters, on the impact of additional traffic which in the view of officers would not be significant, and confirming the site was not presently an allocated housing site.

Members of the Public then had the opportunity to address the Committee, as detailed above.

The local unitary Member, Councillor Suzanne Wickham, then spoke in objection to the application. She raised issues relating to flooding and drainage, health provision, concerns relating to the proposed access and other matters.

In response to public comments officers provided details of extending lower speed limits around the bend of the road were the application approved and other highways mitigations, and that officers considered the proposals within safe guidelines. It was stated the NHS had not responded to the application, and drainage matters would be able to be appropriately conditioned at the reserved matters stage.

The item was then opened for debate. There being no further discussion, on the motion of Councillor Tony Trotman, seconded by Councillor James Sheppard to approve the application in accordance with the updated officer’s recommendation, it was then,

Resolved:

That the Head of Development Management be authorised to grant

planning permission, subject to completion of a planning

obligation/Section 106 agreement covering the matters set out in the

report; and subject also to the planning conditions listed below

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

Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.  ...  view the full minutes text for item 63.

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.