Agenda and minutes

Apologies were received from Cllr Chris Williams, substituted by Cllr Jonathon Seed, and Cllr Laura Mayes.

To approve and sign as a correct record the minutes of the meeting held on 23 June 2011 (copy herewith).

The minutes of the meeting held 23 June 2011 were presented and it was,

Resolved:

To approve and sign the minutes as a correct record.

Councillor Jane Burton confirmed that although a Member of Devizes Town Council, which had considered application E/11/0057/FUL, The Wharf, Devizes, she had abstained from debate and had not voted on the item, and would be considering the application with an open mind.

Councillors Peggy Dow and Nick Fogg confirmed that they would be considering application E/10/0632/FUL, Ivy House Hotel, Marlborough, with an open mind.

There were no Chairman’s announcements.

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

Ivy House Hotel, 43 High Street, Marlborough, SN8 1HJ - Change of use from Hotel (C1) to Boarding House (C2).  Internal and external alterations.

Ivy House Hotel, 43 High Street, Marlborough, SN8 1HJ – Change of use from Hotel (C1) to Boarding House (C2). Internal and external alterations.

The following people spoke in objection to the proposal:

Mr G Olson, a local businessman

Miss Julia Peel, on behalf of residents of River Park, Marlborough

Lady Julia Hiscox, the wife of, and on behalf of, the High Sheriff of Wiltshire

Mr Richard Pitts, of Marlborough Town Council

The following people spoke in support of the proposal:

Mr Michael Douch, the hotel owner

Miss Suzie Willis, the agent

The Committee received a presentation from the Area Development Manager (South Wiltshire) which set out the main issues in respect of the application. He explained the background to the application and clarified that the Committee could not determine the application, which was subject to appeal to the Planning Inspectorate, but could express whether it supported or objected to the proposal. He introduced the report, which recommended that the Committee support the application’s approval by the Inspector, subject to conditions, and drew Members’ attention to the late items.

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

The Chairman invited advice from the Wiltshire Council Solicitor, who submitted that:

·         The value in planning terms of an existing use of land is clearly a material consideration in determining a planning application unless there is no possibility that a refusal would result in its retention. The test is to ask whether there is a fair chance that if permission were refused, the existing use would continue rather than stand empty.  But that test should be applied while balancing the planning significance of the existing use.

·         PPS4 policy EC7 deals more with the way in which local planning authorities should prepare their development plans, than individual planning applications. However the guidance overall may be relevant.

·         Policy ED18 is relevant - the criteria to apply are whether the application (so far as relates to the part of the building that is within the primary shopping frontage):

a)    makes a positive contribution to the vitality and viability of the centre or

b)    is necessary to secure the future of a Listed Building at Risk or other building is important to the street scene; and that

·         It is also of some relevance and a factor to weigh in the balance, that the existing use is a town centre use recognised as such for the purposes of PPS4 while the proposed use appears not to be such a recognised use, and one not made explicit in the officer’s report.

After lengthy discussion regarding:

·         The principle of change of use from hotel to boarding house;

·         The impact on the character of the area (including its status as a conservation area);

·         The impact on the listed building;

·         The impact on highway safety; and

·         The impact on residential amenity.

And upon hearing the  ...  view the full minutes text for item 157.

Former gasholder site, land adjacent The Wharf, Devizes - Redevelopment for 39 retirement apartments for older people including communal facilities, car parking and associated landscaping.

Former gasholder site, land adjacent to The Wharf, Devizes – Redevelopment for 39 retirement apartments for older people including communal facilities, car parking and associated landscaping.

The following people spoke in objection to the proposal:

Mr Tony Sedgwick, transport advisor to the Trust for Devizes

Mr Ted East, on behalf of the Trust for Devizes

Mr Rick Rowland, a local resident

Mr Gary Tomsett, Wiltshire Council Environmental Control and Protection Team Manager (South and East)

Mr John Kirkman, Chair of CPRE Kennet District Group

Mr Kelvin Nash, of Devizes Town Council

The following people spoke in support of the proposal:

Mr Matthew Shellum, the agent

The Committee received a presentation from the Development Control Team Leader which set out the main issues in respect of the application. He introduced the report, which recommended refusal.

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

After lengthy discussion regarding:

·         The principle of residential development;

·         Density considerations;

·         Design and impact upon the conservation area and setting of the Kennet & Avon Canal;

·         Recreation provision;

·         Affordable housing;

·         Contaminated land;

·         Ecology;

·         Archaeology;

·         Adequacy of car parking;

·         Highways (including access, servicing, footpath link, and cycle and mobility scooter parking);

·         Impact upon residential amenity;

·         Renewable energy; and

·         Relationship to draft Planning Brief for Devizes Wharf,

And upon hearing the views of the local Member, Cllr Nigel Carter, and those of the Member for the adjacent division, Cllr Jeff Ody, it was,

Resolved:

To refuse planning permission for the following reason:

1.      The design of the scheme and its proximity / relationship to the Crown public house and the adjacent brewery’s barrel handling yard is likely to result in noise nuisance for future occupants of the development. This would conflict with policy PD1 (B.10) of the Kennet Local Plan 2011 and government policy contained in PPG24: ‘Planning and Noise’.

The conflict between land uses may result in the Council having to take enforcement action for statutory nuisance under the Environmental Protection Act 1990; such action would threaten the future viability of Wadworths brewery and its role as an important local employer and generator of local economic wealth. This would be contrary to the Government’s overarching objective for sustainable economic growth as set out in PPS4 ‘Planning for Sustainable Economic Growth’

2.      The proposed development, by virtue of its design, scale, bulk, height and massing, would fail to preserve or enhance the character or appearance of the conservation area and would harm the setting of the Kennet & Avon Canal.  The development fails to make a positive contribution to the character and local distinctiveness of the historic environment, contrary to policy HE7 of PPS5, and fails to take the opportunities available for improving the character and quality of the area contrary to PPS1.  The proposal is therefore contrary to policy PD1 of the Kennet Local Plan 2011 and Supplementary Planning Guidance contained in the Devizes  ...  view the full minutes text for item 158.

Carina, Uphill, Urchfont, Devizes, Wiltshire SN10 4SB - Erection of a 3 bedroom dwelling and single garage.

Carina, Uphill, Urchfont, Devizes, Wiltshire SN10 4SB – Erection of a 3 bedroom dwelling and single garage.

The following people spoke in support of the proposal:

Mr Simon Holt, of Urchfont Parish Council

The Committee received a presentation from the Development Control Team Leader which set out the main issues in respect of the application. He introduced the report, which recommended refusal.

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

After lengthy discussion regarding:

·         The principle of development;

·         Impact upon the setting of the listed building;

·         Design; and

·         Impact upon residential amenity,

And upon hearing the views of the local Member, Cllr Lionel Grundy, it was,

Resolved:

To refuse planning permission for the following reasons:

1.      The proposed dwelling would, by virtue of its backland siting and poor design, harm the setting of Carina, a Grade II listed building. The proposal is therefore contrary to policies PD1 and HC22 of the Kennet Local Plan 2011 and government policy contained in PPS1 and PPS5.

2.      The comings and goings associated with the new dwelling would cause noise and disturbance for the occupiers of Carina, thus harming their residential amenities. The proposal is therefore contrary to policy PD1 of the Kennet Local Plan 2011.

Land adjacent to Haxon Dairy, Everleigh Road, Haxton, Salisbury SP4 9PT - Erection of dwelling and garage.

Land adjacent to Haxon Diary, Everleigh Road, Haxton, Salisbury SP4 9PT – Erection of dwelling and garage.

The following people spoke in objection to the proposal:

Mrs O’Neil, immediate neighbour to the site

Mr John Cherrett, of Fittleton Parish Council

The following people spoke in support of the proposal:

Mr Simon Lock, the agent

Mrs Valerie Oldrey, the applicant

The Committee received a presentation from the Development Control Team Leader which set out the main issues in respect of the application. He introduced the report, which recommended approval.

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

After discussion regarding:

·         The impact of the proposal upon neighbour amenity,

And upon hearing the views of the local Member, Cllr Charles Howard, it was,

Resolved:

That planning permission be granted for the following reason:

The decision to grant planning permission has been taken on the grounds that the proposed development would not cause any material harm to the amenities of neighbouring occupiers, the character and appearance of the area or highway safety.  As such, the proposal is considered to comply with policies PD1 & HC24 of the Kennet Local Plan 2011.

Park Farm, Clench Common, Marlborough, Wiltshire SN8 4DU - First floor extension to bungalow to create two storey dwelling, erection of porch to east elevation (resubmission of E/11/0365/FUL).

Park Farm, Clench Common, Marlborough, Wiltshire SN8 4DU – First floor extension to bungalow to create two storey dwelling, erection of porch to east elevation (resubmission of E/11/0365/FUL)

The following people spoke in support of the proposal:

Mrs Alex Fox, the applicant

Mr Michael Fowler, the agent

The Committee received a presentation from the Development Control Team Leader which set out the main issues in respect of the application. He introduced the report, which recommended refusal.

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

After discussion regarding:

·         Whether the proposed extension would be harmful to the character and appearance of the property; and

·         Whether the proposed extension would be harmful to the character and appearance of the wider area,

And upon hearing the views of the local Member, Cllr Jemima Milton, it was,

Resolved:

That planning permission is granted for the following reason:

The proposed development would improve the appearance of the existing bungalow and the appearance of the area.  Furthermore, the proposal would not cause any harm to the amenities of the North Wessex Downs Area of Outstanding Natural Beauty or the residential amenities of neighbouring occupiers.  As such, the proposal complies with the requirements of policy PD1 of the Kennet Local Plan 2011 and government policy contained in PPS7.

And subject to the following conditions:

Avenue Farm House Winterbourne Monkton Swindon SN4 9NW - Construction of outbuilding to form garage workshop and ancillary accommodation (amendment to previous application E/09/01289/FUL).

Avenue Farm House, Winterbourne Monkton, Swindon SN4 9NW

The following people spoke in support of the proposal:

Mr Paul Oakley, the agent

The Committee received a presentation from the Development Control Team Leader which set out the main issues in respect of the application. He introduced the report, which recommended refusal.

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

After discussion regarding:

·         Whether the proposal is tantamount to the creation of a new dwelling in the countryside and therefore contrary to long standing national and local countryside planning policies; and

·         Whether the proposal would be detrimental to the character and appearance of the area, including to the setting of the Avebury World Heritage Site.

And upon hearing the views of the local Member, Cllr Jemima Milton, it was,

Resolved:

That planning permission is granted for the following reason:

That by virtue of its nature as an ancillary building proportional in scale to Avenue Farm House, the proposed development would not constitute a new dwelling in the countryside. In this location, the proposal would not harm the appearance of the North Wessex Downs AONB nor the setting of the Avebury World Heritage Site. As such, the proposal accords with policy HC26 of the Kennet Local Plan 2011 and central government planning policy contained in PPS7. The proposal also accords with Kennet Local Plan policies PD1 and HH3 and to central government planning policy contained in PPS5.

And subject to the following conditions:

There were no urgent items.