Agenda and minutes

Apologies for absence were received from Cllr John Knight, who was substituted by Cllr Trevor Carbin and Cllr Fred Westmoreland.

To approve and sign as a correct record the minutes of the meeting held on 15 February 2012. (Copy attached)

Resolved:

To confirm and sign as a correct record the minutes of the meeting held on 15 February 2012, subject to the following amendment:-

Minute No 7 – N/09/01258/WCM – Park Lane Quarry, Neston Park, Neston – Environment Act 1995:  Application for Determination of Conditions to which a Mineral Site is to be the Subject

Resolution (2) to read:-

“A formal site visit be arranged.”

Cllr Stephen Petty declared a personal interest in Minute No 15 – W/11/02312/FUL – George Ward School, Shurnhold, Melksham – Renewal of Planning Appeal Decision 26/6/2008, Planning Application Reference 07/02806/OUT for up to 270 Dwellings including Playing Fields, Car Park and Changing Facilities because he was a member of Melksham Without Parish Council who had considered this application but he had not taken part in any debate by the Parish Council on this application.

Cllr Tony Trotman declared a personal interest in Minute No 17 – N/11/03628/OUT – Land at Silver Street and White Horse Way, Calne – Outline Application for Development of around 154 Dwellings with Associated Vehicular Access to Residential Development because he was a member of Calne Town Council to whom had been offered the lease of the allotment and meadow land by the owner.  

There were no 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 in person no later than 10.20am on the day of the meeting.

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. The rules on public participation in respect of planning applications are detailed in the Council’s Planning Code of Good Practice.

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 7 March 2012.  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 Committee noted the rules on public participation and the manner in which the meeting would be held.

Members of the public addressed the Committee as set out in Minute No 17, as detailed below.

There were no questions received from members of the public or members of the Council.

A report by the Case Officer is attached.

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  He introduced the report which recommended that planning permission be granted.

Members of the Committee then had the opportunity to ask technical questions after which the Committee received the views of Cllr Rod Eaton, the local Member, who was critical of the highway provision, considering that the developer should have been required under a Section 106 Agreement to provide for the provision of a link road to Beanacre but on balance supported the proposal.

After a full discussion,

Resolved:

To grant planning permission at a future date in the event of the Development Control Manager being satisfied as to prior completion of a legal agreement to secure:

            1) 30% Affordable Housing

2) Provision of Public Open Space together with a maintenance contribution

            3) Provision of Public Art

4) Provision of playing fields, changing room, car and coach parking and turning area and access thereto

            5) Provision of Surface Water Attenuation scheme

            6) Provision of Foul Sewerage Pumping Station

7) Provision of an index linked financial contribution to education needs arising out of the new housing

8) A financial contribution of £45,000 towards implementing the following necessary traffic management measures by the Highway Authority:

a) A Traffic Regulation Order to restrict or limit on-street parking on Dunch Lane;

b) Design and implementation of traffic management measures relating to the access from Dunch Lane to the A350;

c) A Traffic Regulation Order for modification of the speed limit on the A365 to 40 mph past the site and moving the existing gateways.

9) Provision of 2 bus stops with shelters and raised kerbs within the site.

10) A Residential Travel Plan, which shall include targets, to be undertaken and agreed by the local planning authority prior to the first occupation and appointment of a Travel Plan Co-ordinator. The Travel Plan shall include a welcome pack for new residents, the final contents of which must also be agreed by the local planning authority prior to occupation. This pack must include a map of cycle routes around the town and recommended routes to key destinations such as the new George Ward School, a map of bus routes and bus timetables.

11) A financial contribution of £15,000 towards pedestrian and cycle signing to the town centre and other key locations.

12) A financial contribution of £25,000 for upgrading the footway along the A365 to improve pedestrian and cycle access to Shaw School.

For the following reason:

The proposed development conforms to the Development Plan and there are no objections to it on planning grounds.

And subject to the following conditions:-

1       Approval of the details of the siting, design and external appearance of the buildings, the means of access thereto and the landscaping of the site ("the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

          REASON: In accordance with Section 92 of  ...  view the full minutes text for item 15.

A report by the Case Officer is attached.

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  He explained that the applicant had submitted an appeal in respect of this application on the grounds of non-determination, that is the Council’s failure to determine the application by the target date of 20 January 2012.  Consequently, no formal decision could be made by the Council in respect of the application.  However, in order to progress with the appeal, the opinion of the Committee was being sought in respect of the application had they been in a position to determine it and on what grounds the Committee might wish to contest the scheme at appeal, if at all.    He also drew Members’ attention to the late observations.  

Members of the Committee then had the opportunity to ask technical questions.

After a full discussion,

Resolved:

Had the Committee been able to determine the application, it would have refused planning permission and the Officers were authorised to contest the appeal for the following reasons:

1.       The proposed development is in the countryside, outside the framework boundary of any settlement where residential development is not acceptable under Policy H4 of the North Wiltshire Local Plan 2011.  There are no material considerations which outweigh the development plan policies.

2.       The proposal is premature to the progression of Wiltshire’s Local Development Framework (LDF), the Core Strategy Development Plan Document for the area and subsequent site allocations development plan document or neighbourhood plan for the area and is thus prejudicial to the council’s plan-led approach to sustainable development.  As such the proposal is contrary to Planning Policy Statement 3: Housing.

3.       The proposed development is not an allocated site within policy H2 and was not required to meet the land supply for the period up to 2011.  The proposed development is not required to meet the five year land supply requirement referred to in the June 2011 version of the emerging Wiltshire Core strategy or the February 2012 version of the Wiltshire Core strategy

4.       By reason of the scale of development proposed, the application is contrary to Policy DP3 of the adopted Wiltshire and Swindon Structure Plan 2016 and Policies 1 and 20 of the emerging Wiltshire Core Strategy 2026.

5.       Insufficient evidence has been submitted to demonstrate the measures that will need to be undertaken to mitigate the effect of the development on species protected by the Wildlife and Countryside Act 1981 (as amended) and Habitats Regulations (2010). This would be contrary to PPS9 and statutory obligations under Circular 06/2005 and Policies C3 and NE7 of the North Wiltshire Local Plan 2011.

6.       The indicative layout does not satisfy the aims of Manual for Streets and the highway authority's supplemental guidance on safe and satisfactory servicing of the site.  The proposal is contrary to Policy C3 of the North Wiltshire Local Plan 2011.

7.       No Section 106 agreement has yet been entered into. The proposed development does not make any provisions for  ...  view the full minutes text for item 16.

A report by the Case officer is attached.

The following people spoke in support of the proposal:

Lord Lansdowne, landowner of Bowood Estate

Mr David Lohfink

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  He explained that the applicant had submitted an appeal in respect of this application on the grounds of non-determination, that is the Council’s failure to determine the application by the target date of 6 February 2012.  Consequently, no formal decision could be made by the Council in respect of the application.  However, in order to progress with the appeal, the opinion of the Committee was being sought in respect of the application had they been in a position to determine it and on what grounds the Committee might wish to contest the scheme at appeal, if at all.    He also drew Members’ attention to the late observations.  

Members of the Committee then had the opportunity to ask technical questions after which the Committee received statements from members of the public as detailed above, expressing their views regarding the planning application.

.

After a full discussion,

Resolved:

Had the Committee been able to determine the application, it would have refused planning permission be refused and the Officers were authorised to contest the appeal for the following reasons:

1.            The proposed development is in the countryside, outside the framework boundary of any settlement where residential development is not acceptable under Policy H4 of the North Wiltshire Local Plan 2011.  There are no material considerations which outweigh the development plan policies.

2.            The proposal is premature to the progression of Wiltshire’s Local Development Framework (LDF), the Core Strategy Development Plan Document for the area and subsequent site allocations development plan document or neighbourhood plan for the area and is thus prejudicial to the council’s plan-led approach to sustainable development.  As such the proposal is contrary to Planning Policy Statement 3: Housing.

3.            The proposed development is not an allocated site within policy H2 and was not required to meet the land supply for the period up to 2011.  The proposed development is not required to meet the five year land supply requirement referred to in the June 2011 version of the emerging Wiltshire Core strategy or the February 2012 version of the Wiltshire Core Strategy

4.            By reason of the scale of development proposed, the application is contrary to Policy DP3 of the adopted Wiltshire and Swindon Structure Plan 2016 and Policies 1 and 20 of the emerging Wiltshire Core Strategy 2026.

5.            Insufficient evidence has been submitted to demonstrate the measures that will need to be undertaken to mitigate the effect of the development on species/habitats protected by the Wildlife and Countryside Act 1981 (as amended) and Habitats Regulations, and listed on the UK/Wiltshire BAP. This would be contrary to Policies C3 and NE11 of the North Wiltshire Local Plan 2011. Planning Policy Statement 9 and statutory obligations established by Circular 06/2005.

6.            The indicative layout does not satisfy the aims of  ...  view the full minutes text for item 17.