Agenda item

Outline planning permission for up to 53 dwellings including formation of access and associated works, with all other matters reserved.

Public Participation

Cllr John Glover, Chairman of Melksham Without Parish Council, spoke in objection to the application.

Mark Gay spoke in support of the application.

Jon Price spoke in support of the application.

Cllr Richard Wood, Chairman of Planning, Melksham Without Parish Council, spoke in objection to the application.

Ruaridh O'Donoghue, Senior Planning Officer, presented a report which recommended that permission be refused for outline planning permission for up to 53 dwellings including formation of access and associated works, with all other matters reserved.

The background to the application was explained to be the similar as the previous items at Minutes 15-16, having received initial approval by the Committee on 29 November 2023 subject to the signing of a s.106 legal agreement, with revisions to the National Planning Policy Framework (NPPF) and the impact on the planning balance and other material considerations leading to a change in recommendation from the officers.

Key issues included the principle of development, the site being outside the limits of development, sustainability of the site and affordable housing provision.

Members of the Committee had the opportunity to ask technical questions of the officer. Details were sought and provided on the site adjacent to the application which had received permission following an appeal, and which had also been outside the limits of development, although that had been during a period where the council had been required to but unable to demonstrate a five-year housing land supply.

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

The Local Unitary Member, Cllr Jonathan Seed, then spoke in objection to the application.

During debate a point of order was raised regarding Local Member participation in debates and votes. It was confirmed there was no legal or procedural issues with such participation in itself. Other issues raised in debate included the benefits of affordable housing, particularly larger dwellings which were affordable, and the isolation of the site from local amenities.

Following discussion, and on the motion of Cllr Bridget Wayman, seconded by Cllr Howard Greenman, it was then,

Resolved:

That planning permission be refused 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 Melksham 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 Melksham, 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 15 of the Wiltshire Core Strategy sets out the 'Spatial Strategy' for the Melksham Community Area in which the site lies. It states that development in the Melksham 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 53 dwellings, etc. on the application site, which is in the countryside. Under Core Policies 1, 2 and 15, 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 15 of the Wiltshire Core Strategy, Policies 1 and 6 of the Melksham 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.