Agenda and minutes

To receive any apologies or substitutions for the meeting.

Apologies were received from Councillor Pip Ridout.

To approve and sign as a correct record the minutes of the meeting held on 20 April 2022.

The minutes of the meeting held on 20 April 2022 were presented for consideration. A representation had been received suggesting that the minutes in relation to 20/06775/WCM referred incorrectly to a different government consultation than that intended. Mr Andrew Guest, Head of Development Management, commented that he was satisfied the references within the minute were correct.

It was then,

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.

There were no declarations.

To receive any announcements through the Chair.

The Chairman detailed procedures to be followed in the event of a fire alarm.

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 8 June 2022 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 10 June 2022. 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 procedures for public participation were detailed and noted.

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

A written update on appeals determined or received since the last meeting was received from Andrew Guest, Head of Development Management.

The Committee was informed that the council had received pre-notification from the agents of application 20/06775/WCM: Northacre Energy from Waste Facility, that they intended to lodge an appeal for non-determination. At its meeting on 20 April 2022 the Committee had deferred the application until July 2022 to seek further information, including in relation to the ongoing government consultation on incineration strategies, with the result that the application remained undetermined. It was suggested that the appeal would be lodged by the end of June 2022.

The agents had been contacted to request whether this could wait until the Committee met on 27 July 2022, but had been informed contractual obligations meant the lodging of the appeal would proceed.

The Committee discussed the update. It was noted that the government had recently extended its consultation further, and that although the Committee had limited the length of its deferral on advice at the April meeting, an appeal against non-determination had been a risk.

It was confirmed that in the event of an appeal being lodged the Committee would be asked to express a view on the decision it would have taken had the appeal not been lodged, as the Planning Inspectorate would seek this information.

To consider and determine the following planning applications.

The following planning applications were considered.

Development of up to 170 homes, means of pedestrian and vehicular access, landscaping, public open space, drainage and associated infrastructure works.

Public Participation

Chris Long spoke in objection to the application.

Richard Ormerod, Trust for Devizes, spoke in objection to the application.

Andy Turner, agent, spoke in support of the application.

The Senior Planning Officer, Jonathan James, presented a report which recommended permission be granted for development of up to 170 homes, means of pedestrian and vehicular access, landscaping, public open space, drainage and associated infrastructure works. The application was outline only with means of access, with all other details such as layout and design to follow in a further application if the outline was approved. Details were provided of late representations received since publication of the report.

Key issues included the principle of the application, ecological impacts and the preservation or enhancement of the historic environment, impact on the highways and agricultural land. The site lay outside the limits of development for Devizes in what was defined as open countryside, but it was stated that due to the shortfall in the five year housing land supply planning policy supported approval of the application as a sustainable development. The town council were supportive of the proposal following amendment of the initial application, which included a reduction in the overall number of properties.

Members of the Committee were given the opportunity to ask technical questions. Details were sought on integration of footpaths and cyclepaths within the site, whether any reserved matters application would also be considered by the Committee, the mix of affordable housing proposed, and at what point Community Infrastructure Levy would be calculated. Questions were raised about the archaeological assessment that would take place, and the potential impact on any reserved matters application should investigations reveal matters of archaeological interest. Confirmation was also sought on the extent of the application site including pedestrian access, and that the agricultural land grade of the site was 1, the highest level.

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

The Unitary Member, Councillor Simon Jacobs, then spoke in support of the application.

A debate followed, where the detail and extent of conditions proposed to mitigate concerns was raised, as well as the proximity to the nearby waste transfer station. There was discussion of council strategies on active travel, encouraging the applicants to engage with the Trust for Devizes, the ongoing position of the council’s five year housing land supply, the support of the local council and sustainability of the site, the loss of high quality agricultural land and the measures of improved biodiversity.

On the motion of Councillor Howard Greenman, seconded by Councillor Tony Trotman, to approve the officer recommendation to grant permission, with a requirement to consult with the county archaeologist and informatives in relation to consultation and cycleways, at the conclusion of debate it was,

In accordance with the requirement to consult with the county archaeologist, the county archaeologist has since confirmed that he is satisfied that a condition requiring a Written Scheme of Investigation for archaeology to be submitted and  ...  view the full minutes text for item 97.

Addition of two extra traveller pitches, two day rooms and associated ancillary development.

The Senior Planning Officer, Steven Sims, presented a report which recommended permission be granted for addition of two extra traveller pitches, two day rooms and associated ancillary development. Key issues included the principle of the proposal, the impact on the character of the area, on highway safety and drainage. If approved there would be a total of six pitches, including regularising the positioning of the static caravans currently on the site.

Details were also provided of the Gypsy and Traveller Accommodation Assessment, identifying a need across the county for at least 120 additional pitches for those meeting the statutory definition of a Traveller, and at least a further 61 who did not meet the statutory definition but who were required to be accommodated.

Members of the Committee were given the opportunity to ask technical questions. Details were sought about the number of caravans on site, with it confirmed a seventh would not remain, foul water drainage, involvement of building control for the day room construction details, and details of the proposed area of replanted woodland.

Queries were also raised about the process for determining Gypsy and Traveller applications should be considered by the Strategic Planning Committee.

No members of the public had registered to make a statement to the Committee.

The Unitary Member, Councillor Horace Prickett, then spoke regarding the application, noting the comments received from the local Parish Council.

A debate followed, which discussed when any proposed replanting would take place and conditions around use of the site and restricting scale of vehicles operating on the site.

On the motion of Councillor Sarah Gibson, seconded by Councillor Adrian Foster, to approve the officer recommendation to grant permission, with the addition or amendment of conditions in respect of drainage, building control, and timing of any replanting, at the conclusion of debate it was,

Resolved:

GRANT planning permission subject to conditions set out below:

1       

The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

REASON: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

2       

The development hereby permitted shall be carried out in accordance with the following approved plans:

Location plan scale 1:1250 drg no. MM01 rev A

Dayroom details scale 1:100 drg no. MM2

Figure 3a Habitat Enhancement scale drg no. IES/2021/015

Proposed layout plan scale 1:500 drg no. MM03

Proposed drainage plan scale 1:500 drg no. TP05

REASON: For the avoidance of doubt and in the interests of proper planning.

3       

The site shall not be occupied by any persons other than either gypsies and travellers as defined in Annex 1: Glossary of Planning Policy for Traveller Sites published August 2015 or persons who identify as gypsies and travellers in line with the stipulations in the Equalities Act 2010.

REASON: Planning permission has only been granted on the basis of the provision of accommodation for gypsies and travellers as defined in  ...  view the full minutes text for item 98.

Outline planning application for mixed use development comprising: residential (up to 2,500 dwellings - Classes C3 & C2); employment (Class E (‘Business’ only), B2, and B8); two local centres (Classes E, C2, and C3); two primary schools, one secondary school, ecological visitor facility, public open space,  landscaping and associated highway works including for the ‘Yarnbrook / West Ashton Relief Road’ and the access junctions.

Public Participation

John Cox spoke in objection to the application.

The Head of Development Management, Andrew Guest, presented a report which recommended the Committee extend its previous decision on the application to enable the S.106 legal agreement to be finalised. The application was for outline planning application for mixed use development comprising: residential (up to 2,500 dwellings - Classes C3 & C2); employment (Class E (‘Business’ only), B2, and B8); two local centres (Classes E, C2, and C3); two primary schools, one secondary school, ecological visitor facility, public open space,  landscaping and associated highway works including for the ‘Yarnbrook / West Ashton Relief Road’ and the access junctions. .

The Committee at its meeting on 14 July 2021 had resolved to grant permission subject to the signing of a s.106 agreement within the following 12 months. It was explained that while there had been lots of progress towards that, the parties were not in a position to complete the process by July 2022. It was proposed to extend the decision to 31 January 2023 in order that the process could be completed.

Members of the Committee were given the opportunity to ask technical questions. Queries were raised at the reasoning for extending the period for completion of the s.106 until January 2023. It was explained that whilst agreement had been reached on some elements of associated agreements such as terms between the Wiltshire Wildlife Trust and the applicants, the remaining elements and the logistical process for completion was such that the proposal was considered a realistic period.

Queries were also raised around the process for the applicants funding the wildlife trust to appoint an officer to manage the woodland areas, and the evidence of bat activity across the areas. The significance of the delivery of the site for the housing land supply for Wiltshire was noted. The representations from the West Wiltshire District Scouts was also noted.

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

On the motion of Councillor Ernie Clark, seconded by Councillor Carole King, it was then,

Resolved:

Having taken into account the environmental information, the Committee amended its July 2021 decision as follows:

That the Strategic Planning Committee continues to authorise the Head of Development Management to… 

Either GRANT planning permission, this subject to the following ‘legal agreements’ being first entered into:  

1.   an obligation under Section 106 of the Town and Country Planning Act 1990 between the applicant and Wiltshire Council requiring provision of the following:  

·      minimum 20% affordable housing provision in the first 500 units; minimum 25% affordable housing provision in the next 500 units; and minimum 30% provision in all units thereafter;   

·      Two new primary school sites of at least 1.8 ha each. Primary education financial contribution (of £9,509,390 (2017 figure) based on 2,500 dwellings; adjusted accordingly depending on final numbers) completion of two schools;  

·      One new secondary school site of 5.24 ha. Secondary contribution (of £8,463,708 (2017 figure) based on 2,500 dwellings; adjusted  ...  view the full minutes text for item 99.

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.