Agenda and minutes

Apologies for absence were received from Cllr Jane Burton and Cllr Christopher Williams (who was substituted by Cllr Jerry Kunkler).

To approve and sign as a correct record the minutes of the meeting held on 15 December 2011 (copy herewith).

Cllr Jemina Milton expressed a personal and prejudicial interest in planning application 6b. E/11/0838/FUL, Chantry Meadow, Ogbourne St George.  She had done so in the initial application as she previously had an arrangement with the applicants to store horse lorries at her property.

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 5.50pm 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 Thursday 26 January 2012. 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 following people spoke in support of the application:

Mr David Higgins

Mr Ian Cowan (Agent)

Mrs S Rupp (Applicant)

Mrs M Rose (Chairman of Marlborough Town Council Planning Committee)

The Committee received a presentation from the Case Officer which set out the main issues in respect of the application.  He introduced the report which recommended that permission be granted subject to a planning obligation 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.

After discussion,

Resolved:

To grant planning permission for the following reasons:-

The proposal will not cause any significant harm to interests of acknowledged importance, including the amenity of residents of nearby properties and road safety. It would preserve and enhance the appearance of the conservation area and would accord with policy PD1 of the Kennet Local Plan and with national guidance in PPS5.

And 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 development hereby permitted shall not be exercised in addition to or in combination with the development permitted by the permission granted under Ref. E/2011/0168/FUL dated 23/06/11

REASON:

In the interests of sound planning.

3.       No development shall take place until details (including samples) of the materials to be used for the external walls and roofs (including details of the colour and type of render to the summer room) 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:

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

No development shall commence on site until details of all eaves, verges, windows (including head, sill and window reveal details), doors, rainwater goods, chimneys and dormers 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 details of the bricks, bond, mortar, capping and termination of the extended front boundary wall have been submitted to and approved in writing by the local planning authority. Furthermore a sample wall panel shall have been constructed on site, inspected and approved in writing by the local planning authority.  The panel shall then be left in position for comparison whilst the development is carried out.  Development shall be carried out in accordance with the approved sample.

REASON:

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

6.       Prior to commencement of development, assessment of the listed  ...  view the full minutes text for item 6.1

The following people in opposition to the proposal:

Mr Freeman (Local resident)

Mr Anthony Hawnt (Local resident)

Lizzie Hawnt (Local resident)

The following persons spoke in support of the proposal:

Mr Tim Frost (Local resident)

Paul Oakley (Agent)

Mr Timothy George spoke on behalf of Ogbourne St George Parish Council.

Cllr Jemima Milton left the room and did not return (minute no. 3 refers).

The Committee received a presentation from the Case Officer which set out the main issues in respect of the application.  He introduced the report which recommended, that permission be granted subject to a planning obligation 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 Chris Humphries, the member for the adjoining Division, who opposed the application highlighting issues surrounding highways, North Wessex Downs Area of Outstanding Natural Beauty and CPRE.

After discussion, it was proposed that the application should be refused, this motion failed. After further discussion a second motion for approval was proposed,

Resolved:

To grant planning permission for the following reasons and subject to the conditions set out below:-

The decision to grant planning permission has been taken on the grounds that the proposal will not cause any significant harm to interests of acknowledged importance, including the visual amenities of the area, the amenities of the North Wessex Downs Area of Outstanding Natural Beauty, residential amenity or highway safety.  Development would accord with policies PD1 & NR7 of the Kennet Local Plan 2011 and government policy contained in Planning Policy Statement 7: 'Sustainable Development in Rural Areas'.

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 190, as amended by the Planning and Compulsory Purchase Act 2004.

2.       This planning permission shall ensure solely for the benefit of the applicant and only for so long as the applicant's main place of residence is at the property known as The Vicarage, Ogbourne St George.  Should the applicant cease to reside at this property then the equestrian use shall cease and the stable building shall be permanently removed from site and the use of the land shall revert to agricultural use.

REASON:

In order to reserve to the Local Planning Authority long term control over the land and the buildings since this permission is granted solely to meet the needs of the present applicant in view of the alternative access available through their property, 'The Vicarage' .

3.       The development hereby permitted shall be used solely for private use and shall not be used for any commercial purpose, including any livery (or DIY livery) use.

REASON:

Any commercial use would give rise to fresh planning considerations, including traffic generation and the potential impact on the amenity of  ...  view the full minutes text for item 6.2