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Agenda and draft minutes

Venue: Wessex Room, Corn Exchange, Market Place, Devizes

Contact: Tara Shannon  Democratic Services Officer

Items
No. Item

1.

Apologies

To receive any apologies or substitutions for the meeting.

Minutes:

Apologies were received from:

 

·       Cllr Peter Evans.

 

2.

Minutes of the Previous Meeting

To approve and sign as a correct record the minutes of the meeting held on 5 December 2019.

 

Supporting documents:

Minutes:

The minutes of the meeting held on 5 December 2019 were considered and it was;

 

Resolved:

 

To approve and sign the minutes as a true and correct record.

 

3.

Declarations of Interest

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

Minutes:

Declarations of interest were received from:

 

·       Cllr Richard Gamble declared an interest in agenda item 7a, 19/10245/VAR - Dauntsey's School, High Street, West Lavington, SN10 4HE. Cllr Gamble declared that he would not take part in the debate or vote on this item.

·       Cllr Mark Connolly, for the sake of transparency declared an interest in agenda item 7c, 19/10636/FUL - 116 High Street, Marlborough, Wiltshire, SN18 1LZ, as he was a member of the Conservative Party and the site had previously been used as a Conservative Club. He declared that he would consider the application with an open mind whilst he debated and voted on the item.

 

4.

Chairman's Announcements

To receive any announcements through the Chair.

Minutes:

There were no announcements.

 

5.

Public Participation

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 2.50pm 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 Thursday 23 January 2020 in order to be guaranteed of a written response. In order to receive a verbal response questions must be submitted no later than 5pm onMonday 27 January 2020. 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.

 

Minutes:

The rules on public participation were noted.

 

6.

Planning Appeals and Updates

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

Supporting documents:

Minutes:

The report on completed and pending appeals was presented for consideration.

 

Resolved:

 

To note the updates.

 

7.

Planning Applications

To consider and determine the following planning applications.

Minutes:

The following planning applications were considered.

 

8.

19/10245/VAR - Dauntsey's School, High Street, West Lavington, SN10 4HE

Variation of condition 2 of planning permission K/42974 (change of use from agricultural land to use of playing fields and outdoor sports facilities) to allow for different surface material for outdoor sports track, with proposed landscaping to reduce visual impact (resubmission of refused application ref 18/11759/VAR).

 

Supporting documents:

Minutes:

Public Participation

Mr Stephen Herniman, spoke in objection to the application.

Mr William Blumsom, spoke in support of the application.

Mr Mark Lascelles – Headmaster, Dauntsey’s School spoke in support of the application.

Ms Cat White – Agent, spoke in support of the application.

 

Morgan Jones, Senior Planning Officer, presented a report which recommended that planning permission be granted with conditions for the variation of condition 2 of planning permission K/42974 (change of use from agricultural land to use of playing fields and outdoor sports facilities) to allow for different surface material for outdoor sports track, with proposed landscaping to reduce visual impact (resubmission of refused application ref 18/11759/VAR).

 

The officer explained that this was a retrospective application. Unfortunately, there had been a misinterpretation of the original planning permission and a synthetic surface was used for the running track. This was red and was surrounded by a white fence. The application was a resubmission of refused application 18/11759/VAR, which was considered at committee in April 2019 and was refused due to the adverse impact it caused on the appearance and character of the area.

 

Maps and plans of the track were shown to members of the committee during the meeting. The application sought to address the previous reasons for refusal. It proposed a series of mitigation measures to reduce the impact of the development on the landscape. Plans of the proposed landscape mitigation were also shown during the meeting. Although these plans would not screen the track in its entirety the Wiltshire Council Landscape Officer had no objections. It was also proposed that the surrounding fence be painted grey as from a distance this would help it blend in to the landscape.

 

Photos of the track were shown during the meeting. From the same level the track and fence were hard to see. On byways at higher levels and from Strawberry Hill the track and fence could be seen, although it should be seen in context as part of the school and was set against the backdrop of the school and surrounding village. 

 

The West Lavington Neighbourhood Plan supports the expansion or alteration of educational facilities or community facilities at Dauntsey’s School but also seeks to ensure new development respected local character and is designed to integrate well with its surroundings.

 

The athletics track would be a valuable facility to the School and wider community and would contribute towards one of the aims of both national and local planning policy which was to enable and support healthy lifestyles through the provision of safe and accessible green infrastructure and sports facilities.

 

On balance the officers recommend that the application be approved with conditions.

 

Members of the committee then had the opportunity to ask technical questions of the officer. In response the officer stated that the photo shown of the track was a real photograph, not a computer-generated image. The officer explained that the wider community benefit of allowing the public to use the track was not part of a  ...  view the full minutes text for item 8.

9.

19/08155/FUL - Glyndene, 8 Fiddington Hill, Market Lavington, Devizes, SN10 4BU

Construction of one Detached House with Associated Siteworks with Access from The Paddock.

 

Supporting documents:

Minutes:

Public Participation

Mrs Anne Boddon, neighbour, spoke in objection to the application.

Mr Paul Atfield, neighbour, spoke in objection to the application.

Mr Tom Grech, neighbour, spoke in objection to the application.

Mr Simon Trueick, Agent, spoke in support of the application.

Ms Claudia House, Applicant, spoke in support of the application.

Cllr Ian Myhill of Market Lavington Parish Council spoke in objection to the application.

 

Morgan Jones, Senior Planning Officer, presented a report which recommended that planning permission be granted with conditions for the construction of one detached house with associated siteworks, with access from The Paddock.

 

Key issues were stated to include the principle of development; layout, design and impact on residential amenity; impact on highway & pedestrian safety; impact on ecology and surface water and drainage.

 

The proposal was for a detached dwelling with a new access to the site to be created from The Paddock. Plans of the proposal were shown to the meeting. It was noted that there was extant planning permission to construct a dwelling nearby the site. The site itself had a long planning history. The current application was for just one dwelling. Wiltshire Core Strategy (WCS) provided support in principle for schemes within the built-up area of a village, which this site was.

 

Plans and aerial photos were shown to the meeting. The site sat between number 12 The Paddock and number 12 Ridgeway Close. The materials proposed in the plans tied in with existing properties. A photo was shown of where the new access to the site from The Paddock would be. Loss of parking spaces as a result of the scheme was a key local concern. The Highway Authority stated that the proposal met relevant standards and that it would not have significant impact on the highway network. 

 

The site had previously been overgrown although it had recently been cleared by the applicant. Impact on neighbour amenity was an important consideration for this application. There would be loss of light to the dwelling next door, but this was not considered an unacceptable impact.

 

The principle of development was supported at the site and when all factors had been considered the officers recommendation was to approve with conditions.

 

Members of the committee then had the opportunity to ask technical questions of the officer. Details were sought on the loss of light at number 12 The Paddock. The officer stated that this was a material consideration. There was a clear impact on the ground floor windows, however those rooms did have other windows and there was already a boundary fence that would reduce light levels. Although there was an impact, from a planning perspective it was not considered enough to refuse planning permission. 

 

In response to a question regarding how close the proposed dwelling was from the neighbouring property at number 12 The Paddock, it was stated that it would be about a metre from the boundary fence.

 

Members of the public then had the opportunity to present their  ...  view the full minutes text for item 9.

10.

19/10636/FUL - 116 High Street, Marlborough, Wiltshire, SN18 1LZ

Change of use of basement and ground floors from members' club (Sui Generis) to dental clinic and surgery (Use Class D1) and associated internal alterations.

 

Supporting documents:

Minutes:

Public Participation

Mr Guy Loosmore, spoke in objection to the application

Mrs Marion Hannaford-Dobson, spoke in objection to the application.

Mr Aaron Henecke, Agent, spoke in support of the application.

Cllr Mark Cooper, Deputy Mayor, Marlborough Town Council spoke in objection to the application.

 

Lucy Rutter, Planning Officer, presented a report which recommended that planning permission be granted with conditions for the change of use of basement and ground floors from members' club (Sui Generis) to dental clinic and surgery (Use Class D1) and associated internal alterations.

 

The officer explained that the application had been called in by Cllr Nick Fogg MBE, due to perceived concerns that it contradicted Wiltshire’s Core Strategy page 122, para 5.78 which supported Marlborough’s town centre to continue to function as a prominent retail centre for east Wiltshire.

 

Key details were stated to include whether the use was acceptable in principle; whether the proposal would have a negative impact on parking and highway safety and impact on neighbour amenity.

 

It was explained that the application was for the change of use only. Any internal

alterations were to be considered separately under the associated listed building application, which was being held in abeyance.

 

Photos of the site were shown to the meeting.  The site and its surroundings lay within the North Wessex Downs AONB and the Marlborough Conservation Area. The property was formerly a member’s club and was currently vacant. The application sought planning permission for the proposed change of use of the existing members’ club (sui generis) to a dental clinic and surgery (use class D1 – non-residential institution).

 

Under the Wiltshire Core Strategy (WCS) the proposal was considered to be acceptable in principle. It was in a sustainable location and would contribute to the vitality and viability of the area and the economy. There were a number of existing restaurants, pubs, bars and cafes in the town centre and consequently the loss of this one establishment was not considered likely to have a harmful impact on the vitality and viability of the town centre.

 

The officer explained that saved policy ED18 of the Kennet Local Plan offered protection specifically for the Prime Shopping Areas, but that this policy was out of date (written pre-NPPF for a time expired local plan). Although a saved policy under the WCS, the weight to be attached to it should be on the basis of its conformity with NPPF. Policy within the NPPF was stated to be a material consideration when assessing development proposals under saved policy ED18. It had been established under previous appeal decisions (Costa Coffee, High Street, Marlborough) that little weight should be given to this policy in that it did not conform with NPPF policy e.g. it was considered to be inflexible and negatively worded vs. the NPPFs flexible and positive approach to changes of use in high streets. It was thought that the proposed dental clinic would contribute to the vitality and viability of the town centre, which demonstrated compliance with ED18.  ...  view the full minutes text for item 10.

11.

19/09834/FUL - Clock House, Road off Honeystreet North of Canal, Honeystreet, SN9 5PS

Demolition of two dwellings and vacant commercial buildings and replacement with six dwellings.

 

Supporting documents:

Minutes:

Public Participation

Mr Alex Oliver, spoke in objection to the application.

Mr Alex Whittle, spoke in objection to the application.

Mr Michael Spencer, spoke in objection to the application.

Mr Donavon Love, Applicant, spoke in support of the application.

Mr Tom Jakes, Agent, spoke in support of the application.

Cllr Robert Carpenter-Turner of Alton Parish Council spoke in objection to the application.

 

RuaridhO'Donoghue, Senior Planning Officer presented a report which recommended that planning permission be granted with conditions for the demolition of two dwellings and vacant commercial buildings and their replacement with six dwellings.

 

Key details were stated to include whether the development was acceptable in principle; whether the scheme constitutes high quality design; whether the scheme would preserve or enhance the historic environment; whether the scheme would have an acceptable landscape impact; whether the proposal would have a negative impact on highway safety; whether the site can be adequately drained and whether there would be harmful impacts on protected species or habitats.

 

Attention was drawn to the late observations.

 

Some late submissions from a third-party objector had been published with the agenda. These consisted of a visual impact assessment and a light pollution statement. The third-party objector had submitted updated versions of these documents, which superseded the versions in the agenda and these were circulated to the committee. The late objections were considered, and officers did not change their recommendation.

 

There had also been a late consultation response from the Wiltshire Council Ecologist who reported that they supported the application, subject to conditions.  If approved, the development should be carried out in strict accordance with the mitigation and enhancement measures outlined in the ecological report. They also stated there should be no additional lighting installed. The officer explained that these conditions were already included as part of the recommendation.

 

Photos of the site were shown, which the officer described to the committee. There were two dwellings in a poor state of repair and other dilapidated commercial buildings. The site lay in open country side, within the North Wessex Downs AONB and there was a listed building nearby.

 

The proposal was stated to be the demolition of the buildings and their replacement with six dwellings. The dwellings were all to be of a similar appearance, comprising black stained timber for the walls and natural slate tiles for the roofs. Each property would also have a stainless-steel flue. All the properties had the same ridge heights, although the site was not totally level, so the properties would not all be at the same level. There was dedicated parking for each property, dedicated bin storage and cycle storage was also provided. House types, elevations and floor plans were shown.

 

It was stated that there was an extant planning permission on the site for five dwellings and that this was a significant material consideration. Even with an additional dwelling, the footprint of the application was stated to be less than the footprint of the extant permission.

 

The more sensitive boundaries of  ...  view the full minutes text for item 11.

12.

Urgent items

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

 

Minutes:

There were no urgent items.

 

 

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