Agenda and minutes

Eastern Area Planning Committee - Thursday 25 February 2010 6.00 pm

Venue: Council Chamber, Wiltshire Council Offices, Browfort, Devizes

Contact: Janice Green 

Items
No. Item

15.

Apologies for Absence

Minutes:

Apologies were received from Councillor Charles Howard.

16.

Minutes of the Previous Meeting

To approve and sign as a correct record the minutes of the meeting held on 4th February 2010 (copy herewith).

Minutes:

The minutes of the meeting held on 4th February 2010 were approved as a correct record and signed by the Chairman, with the following amendment at Minute number 8, page 1:

 

E/09/1558/FUL – Councillor Brown declared a personal interest in this item as he is acquainted with owner of the neighbouring property which has a gateway onto the application site. The owner of this particular property is a member of Bromham Parish Council of which Councillor Brown is also a member, however this is not a prejudicial interest and he would participate in the debate and vote.

17.

Declarations of Interest

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

Minutes:

There were none.

18.

Chairman's Announcements

Minutes:

The Chairman announced that planning items 2 and 3, regarding Yew Tree Farm, Wilsford, were withdrawn from the agenda due to amendments to the plans, requiring further consultation.

19.

Public Participation

Minutes:

The Committee noted the rules on public participation and the manner in which the meeting would proceed.

20.

E/09/01353/FUL - Full planning application for: Construction of a 248 berth canal boat marina basin with mooring jetties; walkways and service bollards; new access; administration/shower block; service quay with fuel, pump out, elsan disposal; tow-path lift bridge; 124 car parking spaces, 2 non-specific residential moorings; and landscaping - Lower Foxhangers Farm, Rowde, Devizes, Wiltshire, SN10 1SS

Minutes:

Public Participation:

 

  1. Mr Warren, the Agent, spoke in support of the application.
  2. Councillor Jonathon Seed, Unitary Member for Summerham and Seend, spoke in support of the application.

 

Councillor Nick Fogg was requested by the Chairman to refrain from voting as he arrived at 6:15pm and therefore did not have the benefit of all the information presented to the Committee.

 

Resolved:

 

Planning permission is GRANTED for the following reasons:

 

The proposal is considered to be acceptable in terms of its location and impact on visual amenity, highway safety, ecology, flood risk, archaeology and neighbour amenity.

 

Subject to the following conditions:

 

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 two moorings included as 'residential moorings' shall only be occupied by persons wholly or mainly employed at the marina complex, including the spouse and dependants of such persons. No other moorings shall be occupied as permanent residential moorings.

 

REASON:

These residential moorings are only permitted in order to meet the particular operational and security needs of the marina operator. Any additional residential moorings within this countryside location would be contrary to planning policy HC26 and the overarching theme of "sustainable development" of the housing strategy of local plan. This strategy seeks to guide development to the most sustainable locations. Such additional permanent residential moorings would set an undesirable precedent within the area and county as a whole.

 

3

No development relating to the erection of the shower block and office building shall commence on site until details and samples of the materials to be used for the external walls and roofs (including the veranda) have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

 

REASON:

In the interests of visual amenity and the character and appearance of the area.

 

4

No development relating to the shower block/office building shall commence on site until details of all eaves, verges, windows, doors and rainwater goods have been submitted to and approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the approved details.

 

REASON:

In the interests of visual amenity and the character and appearance of the area.

 

5

All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first occupation of the marina or the completion of the development whichever is the sooner;  All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any trees or plants which, within a period of five years, die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size  ...  view the full minutes text for item 20.

21.

E/09/0630/FUL - Retrospective planning application for: A change of use from Agricultural to Equestrian and Training together with; re-cladding of existing barn, new storage shed and new access and driveway - Yew Tree Farm, Wilsford, Pewsey, Wiltshire, SN9 6HB

Minutes:

Application withdrawn from this agenda due to an amendment to the plan, requiring further consultation.

22.

E/09/1613/FUL - Full planning application for: Erection of stable block - Yew Tree Farm, Wilsford, Pewsey, Wiltshire, SN9 6HB

Minutes:

Application withdrawn from this agenda due to an amendment to the plan, requiring further consultation.

23.

E/09/1593/FUL - Full planning application for: The erection of a detached dwelling, including the provision of a new vehicular and pedestrian access and associated works - The Poores, Wilsford, Pewsey, SN9 6HB

Minutes:

Public Participation:

 

  1. Mrs Aird Gauntlett, the applicant, spoke in support of the application.
  2. Mr Paul Oakley, the Agent, spoke in support of the application.
  3. Mary Gillmore, Wilsford Parish Council, spoke in objection to the application.
  4. Councillor Brigadier Robert Hall, Unitary Member for the Pewsey Vale, spoke on the application with no firm recommendation to the Committee, having been asked to speak by both the Parish Council and the applicant.

 

Resolved:

 

Planning permission is REFUSED for the following reasons:

 

  1. The proposal would be contrary to Policy HC24 of the Kennet Local Plan 2011 by virtue of the fact that:  (i) the proposal does not fall within any of the categories of development set out in the policy, or the definition of 'infill' contained within the local plan glossary; (ii) the proposal would consolidate an existing sporadic, loose knit area of development; and (iii) the proposal would not be in harmony with the village in terms of its scale or character.  Furthermore, the proposal would be contrary to the Wilsford Conservation Area Statement which states that new infilling developments within the conservation area would not be appropriate.

 

  1. The proposed development would, by virtue of its siting and design, be wholly out of character with surrounding historic development and would neither preserve nor enhance the character or appearance of the conservation area, the setting of neighbouring listed buildings or the setting of The Poores which is identified in the Conservation Area Statement as a significant unlisted building in the conservation area.  The proposals would therefore be contrary to Policies PD1 & HC24 of the Kennet Local Plan 2011, government guidance set out in PPG15: 'Planning and the Historic Environment' and Supplementary Planning Guidance contained in the Wilsford Conservation Area Statement.

 

  1. The proposed dwelling would take vehicular access over the route of public footpath WILS3 creating additional vehicle movements along a pedestrian route to the detriment of the safety, convenience and amenity of pedestrian users.  The proposals are therefore contrary to Policy PD1 of the Kennet Local Plan 2011.

 

24.

E/09/1242/FUL - Full planning application for: Conversion of existing chapel to residential use, demolition of existing outbuildings and construction of new adjoining block to form part of the same dwelling - The Old Chapel, Seend Cleeve, Melksham, Wiltshire

Minutes:

Public Participation:

 

  1. A further letter of representation from the applicant, dated 24th February, was reported as a late item (please see late list attached). This letter clarified points within the report:
    1. Site description – the adjacent site is outside the listing of the property.
    2. The graveyard is now closed for burials but the public are still able to visit graves.
    3. The property has been in the applicants family since 1979.
    4. Sketches and photomontages were also submitted by the applicant.
  2. Mr Graham Hickman spoke in objection to the application.
  3. Janine Hawkins spoke in objection to the application.
  4. Julie Brokas spoke in objection to the application.
  5. Mr Tom Jakes, the Architect, spoke in support of the application.
  6. Marie Schruff, the Applicant, spoke in support of the application.
  7. Councillor Jonathon Seed, Unitary Member for Summerham and Seend, spoke in support of the application.

 

Resolved:

 

Planning permission is REFUSED for the following reason:

 

1

The proposed linked extension would, by virtue of its scale, massing and situation, dominate the former chapel (a Grade II listed building) to the detriment of its character and setting. The proposals are therefore contrary to Policy PD1 of the Kennet Local Plan 2011 and government guidance contained in PPS1 and PPG15.

 

25.

E/09/1241/LBC - Listed building application for: Conversion of existing chapel to residential use, demolition of existing outbuildings and construction of new adjoining block to form part of the same dwelling - The Old Chapel, Seend Cleeve, Melksham, Wiltshire

Minutes:

Resolved:

 

Listed building consent is REFUSED for the following reason:

 

1

The proposed linked extension would, by virtue of its scale, massing and situation, dominate the former chapel (a Grade II listed building) to the detriment of its character and setting.  The proposals are therefore contrary to government guidance contained in PPG15.

 

26.

E/09/0988/FUL - Full planning application for: Erection of building to contain two residential units to form part of the accommodation of Downs Equestrian Centre - Downs Equestrian Centre, Baydon, Wiltshire

Minutes:

Public Participation:

 

  1. Mr Paul Oakley, the Agent, spoke in support of the application.
  2. Councillor Chris Humphries, Unitary Member for Aldbourne and Ramsbury, spoke in support of the application.

 

Resolved:

 

Planning permission is GRANTED for the following reason:

 

The decision to grant planning permission has been taken on the grounds of the specific needs of the equestrian business and that the proposed development would not cause any significant harm to the character and appearance of the immediate area or the wider Area of Outstanding Natural Beauty and having regard to the following policies and proposals in the Kennet Local Plan 2011 namely: policies PD1, NR6, NR7 and HC26 together with the guidance within PPS4 and PPS7.

 

Subject to the following conditions:

 

The completion of a S106 legal agreement preventing the severance of the proposed dwellings from the equestrian business and also subject to the following conditions;

 

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

INFORMATIVE TO APPLICANT:

This permission shall be read in conjunction with an Agreement made under Section 106 of the Town and Country Planning Act, 1990 and dated the ...............

 

3

No development shall commence within the site until:

 

a)         A written programme of archaeological investigation, which should include on-site work and off-site work such as the analysis, publishing and archiving of the results, has been submitted to and approved by the Local Planning Authority; and

 

b)         The approved programme of archaeological work has been carried out in accordance with the approved details.

 

REASON: 

To enable the recording of any matters of archaeological interest.

 

4

No development shall commence on site until details and samples of the materials to be used for the external walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

 

REASON:

In the interests of visual amenity and the character and appearance of the area.

 

5

No development shall commence on site until a scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include:

 

(a) indications of all existing trees and hedgerows on the land;

(b) details of any to be retained, together with measures for their protection in the course of development;

(c) all species, planting sizes and planting densities, spread of all trees and hedgerows within or overhanging the site, in relation to the proposed buildings, roads, and other works;

(d) finished levels and contours;

(e) means of enclosure;

(f) hard surfacing materials;

 

REASON:

To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

6

All soft landscaping comprised in the approved details of landscaping shall be carried out in the first  ...  view the full minutes text for item 26.

27.

E/10/0038/FUL - Full planning application for: Erection of a general purpose barn to house ewes and agricultural material - Baydon Hill Grange, Oxford Street, Aldbourne, Marlborough, Wiltshire, SN8 2DJ

Minutes:

Public Participation:

 

  1. Mr Christopher Boreham, the Agent, spoke in support of the application.
  2. Mr Howard Waters, the Agent, spoke in support of the application.
  3. Councillor Chris Humphries, Unitary Member for Aldbourne and Ramsbury, spoke on the application to express local views in objection to the application.

 

Resolved:

 

Planning permission is GRANTED for the following reason:

 

The proposed barn has an agricultural justification and would not harm the scenic quality of the AONB. There are therefore no planning grounds to withhold the granting of planning permission.

 

Subject to the following conditions:

1

The development hereby permitted shall be begun before the expiration of three years of 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 barn hereby permitted shall be used for the housing of livestock and for the storage of agricultural machinery only, and not for any equestrian purpose.

 

REASON:

To define the extent of the permission granted, in the interests of clarity.

 

3

No development shall commence on site until details and samples of the materials to be used for the external walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

 

REASON:

In the interests of visual amenity and the character and appearance of the North Wessex Downs AONB.

 

4

INFORMATIVE TO THE APPLICANT:

Notwithstanding the submitted details, the roof of the building hereby approved shall be constructed of matt, merlin grey sheeting and the timber cladding shall be stained a dark colour.

 

5

Details of any hardstanding required in association with the building hereby permitted shall be submitted to and agreed in writing by the local planning authority in advance of being laid down.  The development shall be carried out in accordance with the approved details.

 

REASON:

In the interests of visual amenity and given that such details did not form part of the submitted planning application.

 

6

The adjoining existing planting shall, before any work commences, be enclosed in accordance with British Standard 5837 (2005) Tress in Relation to Construction by a chestnut paling fence (or other type of fencing to be agreed in writing by the local planning authority).  After it has been erected, it shall be maintained for the duration of the works and no vehicle, plant, temporary building or materials, including stacking of soil, shall be allowed within it.     

 

REASON:

To safeguard existing planting adjoining the site in the interests of the visual amenity of the North Wessex Downs AONB.

 

7

This decision relates to documents/plans submitted with the application, listed below. No variation from the approved documents should be made without the prior approval of this Council. Amendments may require the submission of a further application.  Failure to comply with this advice may lead to enforcement action which may require alterations and/or demolition of any unauthorised buildings or  ...  view the full minutes text for item 27.

28.

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 none.

LATE ITEMS

Please see late items list attached.

Supporting documents: