Agenda and minutes

Apologies for absence were received from Cllr Jane Burton (who was substituted by Cllr Jeffrey Ody), Cllr Laura Mayes (who was substituted by Cllr Liz Bryant) and Cllr Jemima Milton (who was substituted by Cllr Jerry Kunkler).

To approve and sign as a correct record the minutes of the meeting held on 2 February 2012. (copy herewith).

Resolved:

To confirm and sign as a correct record the minutes of the Committee meeting held on 2 February 2012.

There were no declarations of interest.

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 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 8 March, 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 Committee noted the rules on public participation and the manner in which the meeting would be held.

Members of the public addressed the Committee as set out in Minute No 12, as detailed below.

There were no questions received from members of the public or members of the Council.

To consider and determine the following planning applications:-

The following people spoke against the proposal

Dr John Kirkman, representing the Campaign to Protect Rural England

Mr Richard Ormerod, representing the Quakers Walk Protection Group

Mr Tony Sedgwick, Traffic Adviser, the Trust for Devizes

Cllr Chris Callow, Chairman of Roundway Parish Council

The following person spoke in support of the proposal

Mr Mike Robinson, the agent

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

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.

Cllr Laura Mayes, as local Member, had submitted her views as she was unable to attend the meeting in which she expressed certain reservations and urged the Committee to address the following issues before making a decision:-

·         Traffic increase and in particular, the need to test the scheme using the new Devizes Traffic Model.

·         Sewage, and the need to ensure that the on-going problem of sewage odours in New Park Street would not be exacerbated.

·         Quakers Walk Gates, and a request that the developers make a contribution to the restoration of the gates.

·         Impact on bats’ use of the eastern and southern boundaries .

After a full discussion,

Resolved:

To refuse planning permission for the following reasons:-

1.            The application includes insufficient evidence to demonstrate that there will be no conflict between the care village and adjacent land uses at Devizes Sports Club and the police helicopter landing pad, in particular in relation to noise.  As such, the proposal is contrary to policy PD1 of the Kennet Local Plan 2011.

2.            The local planning authority is not satisfied that the proposal will not have an adverse impact on existing congestion levels on London Road, by virtue of the fact that the scheme has not been tested using the Devizes Traffic Model.  As such, the proposal is contrary to policy PD1 of the Kennet Local Plan 2011.

3.            The proposal may lead to an over-supply of extra-care accommodation in the Devizes Community Area, and it is unclear how the scheme fits into the Council’s Wiltshire Older People’s Accommodation Strategy.  The proposal therefore fails to contribute to a balanced, mixed tenure community, contrary to the Council’s objectives as set out in the Kennet Local Plan 2011 and emerging Wiltshire Core Strategy.

The following people spoke in support of the proposal:

Mrs Rebecca Middleton, the applicant

Mr Mike Fowler, the architect

Cllr Peter Deck, representing Pewsey Parish Council

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  He introduced the report which recommended that Listed Building Consent be refused.

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 Jerry Kunkler, as local Member, who supported the proposal. 

After discussion,

Resolved:

To defer consideration of the application and delegate the Area Development Manager to negotiate with the applicant amendments to the design of the French windows on the south elevation to grant Listed Building Consent and then refer the application, subject to conditions, to the Secretary of State to determine whether or not to call in the application for his own determination, bearing in mind that English Heritage advised against granting permission.

Reason

The proposed works would improve and enhance the character of the listed building.  The proposal therefore complies with Government policy contained in PPS5: ‘Planning for the Historic Environment.’

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  He introduced the report which recommended that planning permission be refused.

Members of the Committee then had the opportunity to ask technical questions.

Members then heard the views of Cllr Jerry Kunkler, as local Member, who supported the proposal. 

After discussion,

Resolved:

To defer consideration of the application and delegate the Area Development Manager to negotiate with the applicant amendments to the design of the French windows on the south elevation prior to granting prior to granting planning permission subject to conditions and a decision by the Secretary of State on whether or not to call in the application for Listed Building Consent for his own determination, bearing in mind that English Heritage advised against granting permission.

Reason

The proposed development would improve and enhance the character of the listed building.  The proposal therefore complies with Policy PD1 of the Kennet Local Plan 2011 and Government policy contained in PPS5: ‘Planning for the Historic Environment.’

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

Members of the Committee then had the opportunity to ask technical questions after which the Committee received a statement from Cllr F Carne, representing Market Lavington Parish Council, expressing the Parish Council’s views objecting to the proposal.

Members then heard the views of Cllr Richard Gamble, as local Member, who objected to the proposal. 

After discussion,

Resolved:

To grant planning permission for the following reason and subject to the conditions set out below.

The decision to grant planning permission has been taken on the grounds that the proposed development would not cause any significant harm to interests of acknowledged importance and having regard to the following policies and proposals in the Kennet Local Plan 2011 namely: policy PD1 as well as Central Government policy contained within Planning Policy Statement 1: ‘Delivering Sustainable Development’, Planning Policy Statement 3: ‘Housing’, Planning Policy Statement 5: ‘Planning for the Historic Environment’ and Planning Policy Guidance 13: ‘Transport’.

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          No development shall commence on site until details of the materials to be used for the external walls and roofs (including samples) 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:  To secure harmonious architectural treatment.

3          No development shall commence on site until details of all eaves, verges, windows (including details of heads, sills and reveals), doors, rainwater goods, chimneys and porch canopies to be used 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:  To ensure harmonious architectural treatment.

4          No development shall commence on site until details of the bricks, brick bond and coping to be used for the rebuilt boundary wall adjacent to the public footpath have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details prior to first occupation of the new dwelling.

REASON:  To secure harmonious architectural treatment.

5          Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any Order revoking or re-enacting or amending that Order with or without modification), no windows, doors or other form of openings other than those shown on the approved plans, shall be inserted above ground floor ceiling level in the north-east elevation of the dwelling hereby permitted.

REASON:  In the interests of residential amenity and  ...  view the full minutes text for item 13.4

The following person spoke against the proposal

Mr Daniel Cogman, a local resident

The following person spoke in support of the proposal

Mr Jonathan Arnold, the agent

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

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.

Cllr Christopher Williams, as local Member, spoke in support of the application.

After discussion,

Resolved:

To grant planning permission for the following reason and subject to the following conditions:-

The decision to grant planning permission has been taken on the grounds that the proposed development would not cause any significant harm to interests of acknowledged importance and having regard to policies PD1, TR17 and HC35 in the Kennet Local Plan 2011, central government policy contained in PPS 1: 'Delivering Sustainable Development' and PPS 3: 'Housing' and supplementary planning guidance contained in 'Community Benefits from Planning’.

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 materials to be used in the construction of the external surfaces of the development hereby permitted shall match in material, colour and texture those used in the surrounding properties in Wood Park.

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

3          The dwellings hereby permitted shall not be first occupied until the parking and turning areas have been provided in accordance with the approved plans.  These areas shall thereafter be maintained and kept available for the parking and turning of vehicles in connection with the development.

REASON:  In the interests of highway safety.

4          All hard landscaping shall be carried out in accordance with the approved details (as specified on the plans and application form) prior to the first occupation of the dwellings hereby permitted.

REASON:  To ensure a satisfactory landscape setting for the development.

5          No development shall commence on site until a Construction Method Statement, which shall include the following:

the parking of vehicles of site operatives and visitors;

loading and unloading of plant and materials;

storage of plant and materials used in constructing the development;  

measures to control the emission of dust and dirt during construction;

a scheme for recycling/disposing of waste resulting from demolition and construction works; and

hours of construction, including deliveries

has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The development shall not be carried out otherwise than in accordance with the approved construction method statement without the prior written permission of  ...  view the full minutes text for item 13.5

The following people spoke against the proposal

Mrs Lillian Mullins, immediate neighbour

Mr Davis Fishlock, a local resident

Cllr Sir Nigel Thompson, Chairman, Mildenhall Parish Council

The following people spoke in support of the proposal

Mrs Emma Tilby, the applicant

Mr Mike Milton, the architect

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

Resolved:

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

The decision to grant planning permission has been taken on the grounds that the proposed development would not cause any significant harm to interests of acknowledged importance and having regard to Kennet Local Plan 2011 policy PD1 and to central government planning policy set out in PPS1 and PPS5.

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 materials to be used on the external faces of the development hereby approved shall be strictly in accordance with the details specified on plan 1107/02_108 unless otherwise agreed in writing with the local planning authority.

REASON:  To define the extent of the permission.

3          All planting comprised in the submitted landscaping scheme hereby approved shall be carried out in the first planting season following the occupation of the extensions or the completion of the development, whichever is the sooner; any trees or plants which, within a period of 5 years, die, are removed, or become seriously damaged or diseased shall be replaced the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local planning authority.

REASON:  To ensure a satisfactory landscaped setting for the development which lies in the North Wessex Downs AONB.

4          Before the development hereby permitted is brought into use the existing northern access shall have been closed with grass verge being reinstated across the access position.

REASON:  In the interests of highway safety and visual amenity.

5          Before the development hereby permitted is brought into use the highway visibility area shall be cleared and kept free of all obstructions to sight above 900mm above the adjoining carriageway from a point 2.0 metres from the edge of the carriageway measured along the centre line of the revised southern access point, to a point on the edge of the carriageway 33 metres to the north from the centre of the access.

REASON:  In the interests of highway safety.

6          Any gates shall be set back  ...  view the full minutes text for item 13.6

There were no urgent items.