Agenda and minutes

To receive any apologies or substitutions for the meeting.

Apologies were received from Cllr Stewart Dobson, who was substituted by Cllr James Sheppard

To approve and sign as a correct record the minutes of the meeting held on 15 September 2016.

A motion was proposed by Cllr Mark Connolly and seconded by Cllr Paul Oatway QPM, that the minutes of the Eastern Area Planning Committee held on 15 September 2016 were an accurate record.

Resolved:

To approve the minutes of the meeting of the Eastern Area Planning Committee on 15 September 2016 as an accurate record

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

Cllr Mark Connolly declared a non-pecuniary interest in application 16/05090/FUL by virtue of being a town councillor for Tidworth. He stated he had only advised the council on technical issues regarding the application, and so would debate and vote on the application with an open mind

To receive any announcements through the Chair.

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 by phone, email or in person no later than 5.50pm on the day of the meeting.

The rules on public participation in respect of planning applications are detailed 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 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 10 November 2016 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 14 November 2016. 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 explained the rules of public participation and confirmed that no questions had been submitted from the public

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

The written update on appeals was received.

Demolition of agricultural buildings and associated hardstanding.Conversion and alteration of barns to form 6 dwellings. Conversion and extension of Barn 5 to form single dwellinghouse. Erection of 7 dwellings with parking and associated landscaping. Formation of access onto Humber Lane. Change of use of agricultural land to Accessible Natural Greenspace with associated landscaping.

Public Participation

Mr Aaron Smith, agent, spoke in support of the application

Cllr Chris Franklin, mayor of Tidworth, spoke in support of the application

The Head of Development Management, Mike Wilmott, introduced the report which outlined the application for the Tidworth Home Farm development, to include the demolition of agricultural buildings and associated hardstanding, conversion of existing barns to form 7 dwellings, and the erection of 7 dwellings with parking and associated landscaping. It was reported at the meeting that an associated section 106 agreement would include one unit of affordable housing, and the conversion of 3 hectares of arable land into accessible natural greenspace with a £30,000 cash contribution towards the associated costs.

The officer recommended that the application be refused for the reasons set out in the report. Key issues were stated to include that the site lay outside of the limits of development defined for Tidworth in the Wiltshire Core Strategy; that the proposed new build housing would have an adverse impact on the character and appearance of the area; that the proposal did not make sufficient provision for on-site affordable housing; and that the proposal does not provide for contributions towards waste and recycling containers.

Members of the Committee were invited to ask technical questions of the officer. In response to queries it was stated that if approved, one affordable unit would be offered at 75% of market value, and that the section 106 agreement could only be appealed after 5 years or with special permission of the council

Members of the public were then invited to speak as detailed above.

The local unitary division member, Cllr Mark Connolly, then spoke in support of the application

Cllr Connolly, seconded by Cllr Paul Oatway QPM, moved that the application be delegated to the Head of Development Management to approve subject to a section 106 legal agreement and appropriate conditions.

In the debate that followed the following points were discussed:

It was noted the site lay outside the limits of development for the town, however it was also stated that the site was no longer considered viable for use as a farm and would continue to deteriorate. It was discussed whether the proposed conversions of the historic structures and new housing to support the conversion was appropriate and beneficial, as well as offering alternative housing options for the area. It was confirmed that the conditions would include the provision of adequate drainage for the site. The extent of any section 106 contribution should the application be approved was also debated

At the conclusion of debate, it was, resolved:

To delegate to the Head of Development Management to approve subject to a section 106 agreement (for the provision of 1 discount market unit; the provision of the accessible natural greenspace and £30,000 commuted sum for its maintenance; and the contribution for the waste recycling containers (£1,274)), and the following conditions:

(1) The development hereby permitted shall be begun before the expiration of three years from the date of  ...  view the full minutes text for item 60.

Public Participation

Mr Karl Lloyd spoke in support of the application

Miss Olivia Weremijenko spoke in support of the application

Cllr Paul Oatway QPM, on behalf of Woodborough parish council, spoke in support of the application

Sally Madgwick, Rights of Way Officer, introduced the report which outlined the application for village green status to be granted to an area of land in Woodborough under section15 (1) and (2) of the commons Act 2006. It was explained that the land is currently in the ownership of Astor Property and that registration of land as a town or village green  can be granted if: a significant number of inhabitants of a locality or neighbourhood have indulged in sports and pastimes for a period of 20 years, in a manner that is ‘as of right’ and continue to do so at the time of the application. Details of witness statements and testimonies, as well as legal arguments by the parties, were included within the report.

It was explained the options available to the Committee were to approve the registration of the land, reject the application, to hold a non-statutory public inquiry before determination, or seek the view of counsel on whether the council should determine the application without an inquiry, which was the recommendation in the report.

Legal advice was also presented to the Committee on the acceptable grounds to refuse or approve an application

Members of the meeting were invited to ask technical questions of the officer. In response to queries it was stated that most village green applications were determined by officers under delegated powers, but that where objections had been received, as in this case, it was usual to hold a non-statutory public inquiry. However, officers were of the view that as the key purpose of an inquiry would be to test the validity of witness testimonies, and that the principle objections to the application were instead on legal points, it was not necessary to hold an inquiry in order to determine the application.

Members of the public were then invited to speak as detailed above.

The local unitary division member, Cllr Paul Oatway QPM, spoke with regard to the application.

Cllr Oatway, seconded by Cllr Nick Fogg MBE, moved that the application be approved.

In the debate that followed, it was noted that the report had been written by a very experienced officer who had recommended in the supporting decision report that an inquiry was not required before approval, and considered whether it was necessary to seek further advice if they were of the view the application should be approved given the evidence presented in the report. The Committee noted the pressure on the landowners to develop housing, but considering the evidence with an open mind it was felt that the application would benefit a great number of people in the local community who had demonstrated the longstanding public use of the land, the site was inappropriate for development, and that there was no compelling reason to delay  ...  view the full minutes text for item 61.

Any other items of business which, in the opinion of the Chairman, should be taken as a matter of urgency 

There were no urgent matters