Agenda and minutes

There were no apologies for absence.

To confirm the minutes of the previous meeting held on 22 January 2014. (Copy attached)

On considering the accuracy of the previous minutes,

Resolved:

To confirm and sign as a correct record the minutes of the previous meeting held on 22 January 2014, subject to the following amendment:-

Minute No. 8 – N13/01747/FUL – Hunters Moon, Easton Lane, Chippenham, SN14 0RW

To amend the resolution to read as follows:-

“Subject to all parties entering into an agreement under s106 of The Act (as amended) in relation to the following matters:

·         The delivery of affordable housing

·         The delivery and maintenance of on-site play and public open space

·         The delivery of site access works, cycleways, off-site works including works to Pheasant roundabout, and provision of new bus to allow dedicated service to run through the site

·         The delivery of costs associated with proposed Travel Plan

·         The delivery of a contribution towards strategic highways works

·         The delivery of 1.2 hectare of land for the provision of a single-form entry primary school

·         The delivery of a contribution towards local education provision

to delegate to the Area Development Manager to grant planning permission, subject to the following conditions:-” (the conditions to remain as set out in the Minute)

The Committee received representations from a member of the public for alterations to Minute No.9 – N/12/0438/OUT – Marden Farm, Rookery Park, Calne, SN11 0LH – Update.  The Committee did not consider that the Minute should be amended.

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

There were no declarations of interest made at the meeting.

The Chairman referred to questions that had been raised by Mrs Anne Henshaw and Mr John Kirkman of CPRE at the last meeting concerning solar farm developments.  Since that meeting supplementary questions had been received to which answers would be provided and passed to members of the Committee for approval prior to being signed off by the Chairman and sent to the questioners.

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 5 February 2014. 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.

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

A report by the Case Officer is attached.

The following people spoke against the proposal:

Mr William May Smith, a local resident

Mr Rick Rowland, representing Devizes Community Area Partnership

Mr Simon Fisher, representing the Neighbourhood Plan Steering Group

Mr John Jenkins, representing the CPRE

Mr Eric Clark, Clerk to Bishops Cannings Parish Council

Cllr Judy Rose, representing Devizes Town Council

The following person spoke in favour of the proposal:

Mr Neil Hall, representing the applicant

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  She introduced the report which recommended that the planning application be delegated to the Area Development Manager to approve, subject to the prior completion of a Section 106 legal agreement and also subject to conditions. 

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.

Members then heard the views of Cllr Philip Whitehead, the local Member who objected to the application on the grounds that the proposal did not meet with the requirements as set out in the Devizes Neighbourhood Plan, the draft Wiltshire Core Strategy or the Devizes Transport Policy.

Members had also received a copy of a letter to the Editor of the Wiltshire Gazette & Herald from seven local Members of the Council and also emails from Mrs S Buxton and Mr F Morland all objecting to the proposal.

During the ensuing discussion, whilst Members expressed much sympathy for the views expressed by the objectors to the proposal, they appreciated that the views expressed by the Core Strategy Inspector by suggesting that the Core Strategy housing requirement should be increased by 5,000 to 42,000 homes in Wiltshire, had in effect rendered objection to the proposal untenable.

Resolved:

To delegate to the Area Development Manager to grant planning permission, subject to the prior completion of a Section 106 legal agreement in relation to the following matters:-

·         The delivery of affordable housing

·         The delivery of a contribution towards local education provision

·        The delivery of a contribution towards on site-play and open space and off-site recreation provision

·        The delivery of a contribution towards public transport improvements, measures in the Devizes Transport Strategy and the implementation of a Travel Plan.

·        The delivery of a contribution towards the maintenance and upgrading of the canal towpath in the vicinity of the site.

·        The delivery of a contribution to help undertake general highway works in the vicinity of Bishops Cannings school and village hall. 

 And subject to the following conditions:-

A report by the Case Officer is attached.

The following people spoke against the proposal:

Mr Rick Rowland, representing Devizes Community Area Partnership

Mr Simon Fisher, representing the Neighbourhood Plan Steering Group

Mr Tony Duck, representing the Trust for Devizes

Mr John Kirkman, representing the CPRE

Cllr Andy Geddes, representing Roundway Parish Council

Cllr Judy Rose, representing Devizes Town Council

The Committee received a presentation by the Area Development Manager which set out the main issues in respect of the outstanding appeal.  He reported that this application had been previously refused planning permission by Strategic planning Committee at its meeting on 25 September 2013.  The applicants had subsequently lodged an appeal and a Public Inquiry was scheduled to take place week commending 7 April 2014.

The Inspector’s tenth procedural letter (2nd December 2013) to the Wiltshire Core Strategy had changed the context within which this application should be considered and impacted upon the reasons for refusal. The Inspector had suggested that the Core Strategy housing requirement should be increased by 5,000 to 42,000 homes in Wiltshire and it is currently unclear what impact this would have on the number of homes planned for Devizes and the East Housing Market Area. This Committee was therefore being requested to consider the approach to the conduct of this appeal.

Members had also received a copy of a letter to the Editor of the Wiltshire Gazette & Herald from seven local Members of the Council and also emails from Mr D Buxton, Mrs S Buxton, Mr F Morland and Mrs M Taylor all objecting to the proposal.

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.

Members then heard the views of Cllr Laura Mayes, the local Member, who spoke in objection to the application, noting that there was no objection in principle to some new housing being developed in the Devizes area, but highlighting the significant extent of the application in an area not identified through policy for such development. She also considered that an additional 580 house development (the total of Laywood and Coate Bridge proposals)  was more than the target figure for the period to 2026.

After a full discussion

Resolved:

To request the Officers to vigorously defend the Council’s decision to refuse planning permission for this development at the forthcoming Public Inquiry in April 2014 for the original reasons the application was refused in September 2013, namely:-

1)    The site lies outside of the limits of Development defined for Devizes in the Kennet Local Plan 2011. In this location, new development is restricted to that which is of benefit to the rural economy or the social well-being of the community. The Council does not consider that a housing development of this scale would support the rural economy or benefit the social well-being of the rural economy. The proposal would therefore conflict with policy NR6 of the KLP.

2)    The Draft Wiltshire Core Strategy,  ...  view the full minutes text for item 18.

A report by the Case Officer is attached.

The following person spoke against the proposal:

Mr Godfrey Marks, representing Bradford Preservation Trust

The following people spoke in favour of the proposal:

Mr Chris Beaver, the applicant’s agent

Mr David Maude, a local resident

Cllr John Potter, Mayor of Bradford on Avon

The Committee received a presentation by the Area Development Manager which set out the main issues in respect of the application. He introduced the report which recommended that planning permission be granted subject to the satisfactory completion of a legal agreement and conditions.

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.

Members then heard the views of Cllr Magnus Macdonald, a local Member who was attending on behalf of Cllr Rosemary Brown, the local Member, both of whom welcomed and fully supported the application, stating that it was crucial to the future of Bradford on Avon. 

After discussion,

Resolved:

To delegate authority to the Area Development Manager to grant planning permission subject to a legal agreement to secure the following:

i)            30% Affordable Housing to be provided on site.

ii)            A financial contribution towards the provision of secondary school places totalling £498,030 which would be index linked.

iii)          A financial contribution towards the provision of primary school places totalling £470,381 which would be index linked.

iv)          A financial contribution towards the provision of affordable childcare totalling £161,530 which would be indexed linked.

v)            A financial contribution towards the provision of GP surgery facilities totalling £53,750 which would be indexed linked.

vi)          A financial contribution towards Phase 3 of the Bradford on Avon Historic Core Zone works totalling £155,000 which would be indexed linked (in the event that this works does not occur monies will be made available to bus service enhancements to serve the development site).

vii)         A financial contribution towards the cost of making Traffic Regulation Orders relating to waiting, speed limits, weight limit and temporary closure of Cemetery Lane totalling £15,000 which would be indexed linked.

viii)     A financial contribution towards the monitoring of the Travel Plans for the Development totalling £5,000 which would be indexed linked.

ix)          A financial contribution towards the outdoor leisure facilities at Culver Close / Victory Field totalling £30,907 which would be indexed linked.

x)           A financial contribution towards the expansion of Bradford on Avon cemetery totalling £3,750 which would be indexed linked.

xi)          A financial contribution towards monitoring, improving and mitigating air quality issues within the Bradford on Avon Air Quality Management Area totalling £20,000 which would be indexed linked.

xii)         The practical completion of the new Anthony Best Dynamics factory and the relocation of the business onto the development before the first occupation of the 50th open market dwelling.

xiii)       The practical completion of phase 1 of the ‘work-hub’ development before the first occupation of the 80th open market dwelling.

xiv)       The provision of circa 1.5 hectares of public open space on  ...  view the full minutes text for item 19.

To note that the next meeting is due to be held on Wednesday 12 March 2014 in the Council Chamber at County Hall, Trowbridge, starting at 10.30am.

Resolved:

To note that the next meeting was due to be held on Wednesday 12 March 2014 in the Council Chamber at County Hall, Trowbridge, starting at 10.30am.

Any other items of business, which in the opinion of the Chairman, should be considered as a matter of urgency.  Urgent items of a confidential nature may be considered under Part II of this agenda.

There were no items of urgent business.