Agenda and draft minutes

To receive any apologies or substitutions for the meeting.

Apologies for absence were received from:

·       Cllr Suzanne Wickham – substituted by Cllr Tony Jackson

To approve and sign as a correct record the minutes of the meeting held on 5 February 2025.

On the proposal of the Chairman, seconded by the Vice-Chairman, it was:

Resolved

To approve as a correct record and sign the minutes of the meeting held on 5 February 2025.

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

In relation to Item 7 Cllr Jonathon Seed noted, for transparency, that he was a member of the Open Space Society, who had commented on the Order. As this did not constitute a disclosable interest Cllr Seed remained in the room, took part in the discussion and voted on the item.

To receive any announcements through the Chair.

There were no 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 Wednesday 26 February 2025 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 28 February 2025. 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 set out the rules of public participation and the procedure to be followed at the meeting.

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

Please note: there have been no appeals received or determined since the last meeting of the Committee held on 5 February 2025.

The Chairman noted that there had not been any planning appeals since the previous meeting.

Planning Manager, Kenny Green, noted that there was an appeal pending for an application on Westbury Road in Warminster.

To:

(i) Consider the one statutorily made objection to The Wiltshire Council Parish of Brixton Deverill Path Nos 1,2 and 16 Diversion and Definitive Map and Statement Modification Order 2024.

(ii) Recommend that the Order be forwarded to the Secretary of State for Environment, Food and Rural Affairs (SoSEFRA) with a recommendation from Wiltshire Council that the Order be confirmed without modification.

Public Participation

·       Mr Kevin Abraham, representing the Open Space Society, spoke in objection to the Order.

·       Ms Belinda Stewart-Cox spoke in support of the Order.

·       Cllr Jamie Fagan, Chairman of Upper Deverills Parish Council, spoke in support of the Order.

The Definitive Map Officer, Craig Harlow, introduced a report considering one objection to the Parish of Brixton Deverill Path Nos 1, 2, and 16 Diversion and Definitive Map and Statement Modification Order 2024.

A comprehensive overview of the Modification Order was provided by the officer, which included detail about the application routes, Wiltshire Council’s duty, the legal tests and the Order plans. He explained that the application had been submitted by the landowner on 26 January 2024 to resolve long standing obstructions to the publicly recorded rights of way. After engagement with the landowner, who had been providing alternative routes across their land, there was a public consultation on the proposed diversions. The consultation was held between 25 July and 30 August 2024 and received widespread support. The Legal Diversion Order was made on 18 November 2024, and a subsequent statutory consultation received a single objection from the Open Spaces Society.

The officer addressed the two points of concern raised by the Open Spaces Society, both of which related to Parish of Brixton Deverill Path 2. The first point raised concerns that the tests required under Section 119 (1) of the Highways Act 1980, including those relating to safety, convenience and amenity, had not been met. The second point stated that Wiltshire Council had not considered all of the options available to them, or the landowner, before making the Order.

In relation to the first point of objection, the officer was satisfied that the tests required by the Highways Act 1980 had been met. He highlighted that guidance had been published in August 2023 by the Department for the Environment and Rural Affairs (DEFRA) advising authorities to be predisposed to make diversion Orders where the existing route went through private gardens, farmyards and curtilages. The guidance advised that the interests of the occupier should be weighed against the impact of the proposal on the public as a whole. Parish of Brixton Deverill Path 2 currently ran through the landowner’s private garden and was blocked by a well-established hedge, so clearly impacted on their privacy and security.

In relation to the second point of objection, the officer stated that all of the options available to Wiltshire Council had been considered. Wiltshire Council had been in consultation with the landowner, including about an alternative diversion route. The landowner, and several members of the public, had made it clear that they preferred the Order in front of the committee to the alternative option discussed.

In conclusion, the officer felt that the proposed diversion would benefit the safety and privacy of the landowner; it would not be substantially less convenient for users and would not negatively impact enjoyment of the route. Therefore, he recommended that the Order be forwarded to the Secretary of State  ...  view the full minutes text for item 7.

Removal of existing dormer window, with revised proposals.

Public Participation

There was no public participation.

Planning Officer, Steven Vellance, introduced the report which recommended that the application for the removal of an existing dormer window and its replacement with a smaller dormer roof structure, be approved.

Key details were stated to include the principle of development, consideration of the revised details and impact upon neighbour amenity. 

It was highlighted that the existing dormer had been constructed without permission, and the host property did not benefit from permitted development rights – by virtue of a planning condition being imposed when the house was approved in 2006.

The committee was informed that planning permission for the large dormer structure was subject to a retrospective application seeking its retention in 2023, but that was refused by officers under delegated powers due to concerns about overlooking of neighbouring properties.

The revised proposal, requiring committee determination, would result in the removal of the unauthorised roof dormer which would be replaced by a smaller, windowless, dormer that would allow sufficient headroom and storage space on the first floor. Fenestration to bedrooms formed within the existing roof space would be provided by roof lights, which by virtue of their positioning and size, would not result in harmful overlooking of neighbouring properties.

The officer reported that the revised proposals had not received any objections from neighbours, or Hilperton Parish Council. The plans would regularise matters on the site and bring about a form of development that would be compliant with the Wiltshire Core Strategy.

Members of the committee then had the opportunity to ask technical questions of officers. Details were sought on whether there would be any grounds to refuse permission under Core Policy 57 of the Wiltshire Core Strategy (Ensuring High Quality Design and Place Shaping). Officers advised that the proposal would deliver betterment for both the host property and neighbours and there were no reasonable grounds to refuse permission when tested against Core Policy 57.

It was also confirmed that planning conditions would remove permitted development rights for the property so that any future dormer windows or further roof alterations would require the express permission from the Council.

No members of the public spoke on the application.

The unitary division member, Cllr Ernie Clark, then spoke on the application. He noted that the applicant had acted in good faith but had incorrectly believed that the works on the existing dormer had been allowed under permitted development. He explained that he had called in the application as he felt it would be more appropriate for the decision to be made by the committee than officers, given the planning history and that permitted development had been removed in 2006.

To start the debate, Cllr Jonathon Seed, seconded by Cllr Trevor Carbin, proposed that the application be granted in line with officer recommendation. It was then:

Resolved

That planning permission for the removal of the existing dormer structure and replacement with a smaller, windowless, dormer, be GRANTED.

Conditions

1. Within 6 months of the date of  ...  view the full minutes text for item 8.

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.