Agenda and minutes

To elect a Chairman of the Eastern Area Planning Committee.

The current Vice-Chairman, Cllr Charles Howard sought nominations for the position of Chairman of the Eastern Area Planning Committee.

Cllr Charles Howard was proposed by Cllr Richard Gamble and seconded by Cllr Laura Mayes

In the circumstances, Cllr Howard vacated the chair and left the meeting for the duration of this item.

Cllr Williams in the Chair

Cllr Williams asked if there were any other nominations. There being no further nominations and on being put to the vote it was,

Resolved

That Councillor Charles Howard be elected as chairman of Eastern Area Planning for the remainder of 2010/2011.

To elect a Vice-Chair of the Eastern Area Planning Committee, if necessary.

The Chairman sought nominations for the position of Vice-Chairman of the Eastern Area Planning Committee.

Cllr Richard Gamble was proposed by Cllr Christopher Williams and seconded by Cllr Laura Mayes.  There being no further nominations and being put to the vote it was,

Resolved:

That Councillor Richard Gamble be elected as Vice-Chairman of Eastern Area Planning for the remainder of 2010/2011.

Apologies were received from Cllrs Chris Humphries and Jane Burton, substituted by Cllrs Jerry Kunkler and Jeff Ody respectively, Cllr Nick Fogg and Cllr Peggy Dow.

To approve and sign as a correct record the minutes of the meeting held on 14 October 2010 (copy herewith).

Minutes from the previous meeting held 14 October 2010 were presented and it was,

Resolved:

To approve and sign the minutes as a correct record.

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

Cllr Charles Howard declared a personal and prejudicial interest in item 9b, application no. E/10/1147/FUL, owing to his close acquaintanceship with the applicant’s father, who is also the applicant’s business partner.

The Chairman drew members’ attention to the omission of Cllr Jerry Kunkler on the list of Committee reserves on the agenda frontsheet, and clarified that Cllr Kunkler is a reserve member of the Eastern Area Planning Committee.

Members of the public who wish to speak either in favour or against an application 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. 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.

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

Please note: A planning appeals update will be provided at the next Eastern Area Planning Committee on 6^th January 2011.

The Committee noted that a quarterly update on planning appeals would be provided at the next meeting, to be held on 6 January 2011.

To consider and determine planning applications in the attached schedule.

The following people spoke against the proposal:

Mrs Penny Spink, a local resident.

Dr Colin Hallward, a local resident.

Mr Clive Smith, a local resident.

The following people spoke in favour of the proposal:

Mr Andy Meads, representing Wiltshire Council Children’s Services.

Ms Jan Thatcher, representing Wiltshire Council Children & Families.

Mr Peters, the agent.

The division member, Cllr Nigel Carter, spoke generally about the application.

The Committee received a presentation by the Area Development Manager which set out the main issues in respect of the application. He introduced the report, which recommended approval, and drew members’ attention to the late items.

There were no technical questions. The Committee received statements from members of the public as detailed above, expressing their views regarding this planning application.

After discussion including:

• The highways impact of the proposed development;
• The impact on the amenity of neighbouring properties; and
• The principle and impact of development on the listed building

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 have any adverse impact on the amenity of residents of neighbouring properties, due to the specific nature of the use proposed and the conditions attached to the planning permission. Highway safety would be secured by the proposed alterations to the access and the A361 and the provision of adequate parking facilities on site. Furthermore, the use proposed and the alterations to the property that are required would not have any adverse impact on the character or appearance of the listed building. Accordingly, the proposal is in accordance with policy PD1 of the Kennet Local Plan and with Government guidance set out in PPS5.

And 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. Prior to the first use of the building for the use hereby permitted the highway improvement scheme shown on drawing IMA-10-080-005 Rev A shall be implemented in full.

REASON: To ensure the necessary increase in visibility is provided for vehicles exiting the site.

3. Prior to the first use of the building for the use hereby permitted the existing strip of vegetation along the eastern side of the driveway shall be removed and that land shall be resurfaced using a properly consolidated surface (not loose stone or gravel) at the same level as the existing driveway. The strip of land shall be maintained in that form thereafter.

REASON: To ensure the increased width of driveway is achieved in order to create an acceptable form of vehicular access for the proposed use.

4. Prior to the first use of the building for the use hereby permitted sufficient space for the parking of at least six vehicles together with a vehicular access thereto  ...  view the full minutes text for item 99a

Having declared a personal and prejudicial interest in the item, Cllr Charles Howard withdrew from the meeting for this item. The Vice-Chairman instead presided over the item.

The following people spoke in favour of the proposal:

Mr Peter Lawson, a local business owner;

Mr Edward White, the applicant; and

Ms Janet Montgomery, the agent

The Committee received a presentation from the Area Development Manager which set out the main issues in respect of the application. He introduced the report, which recommended refusal, and drew members’ attention to the late items.

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

After discussion including:

• The sustainability of the development in the AONB;
• The principle of change of use of the site; and
• The suitability of the existing buildings for conversion

It was,

Resolved:

To delegate authority to the Area Development Manager to approve the application for the following reason:

The decision to grant planning permission has been taken on the grounds that the proposed development would protect the character and appearance of the Area of Outstanding Natural Beauty and would be in accordance with the aims of PPS4 by promoting economic development in this rural area. The proposal would therefore be in accordance with policies PD1; HC26 and NR6 of the Kennet Local Plan.

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 accommodation hereby permitted shall not be occupied by any person for a period exceeding 8 weeks in any year, or for a period exceeding 4 weeks at a time, with no return within 4 weeks. A register of occupiers shall be available for inspection by the local planning authority at all reasonable times.

REASON: This site is in a position where the Local Planning Authority, having regard to the reasonable standards of residential amenity, access, and planning policies pertaining to the area, would not permit permanent residential accommodation.

3.    All soft landscaping comprised in the submitted landscaping scheme hereby approved shall be carried out in the first planting and seeding season following the first bringing into use of the first of these buildings to be converted; 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.

4.    No development shall commence on site until details for the storage of manure and soiled bedding (including the location of such  ...  view the full minutes text for item 99b

The following people spoke in favour of the proposal:

Mr Duncan Mathewson, the agent; and

Mr Kevin Light, consultant to the agent

The Committee received a presentation by the Area Development Manager which set out the main issues in respect of the application. He introduced the report, which recommended approval, and drew members’ attention to the late items.

There were no technical questions. The Committee then received statements from members of the public as detailed above, expressing their views regarding this planning application.

After discussion including:

• The principle of development in the open countryside
• The impact on the AONB
• Archaeology and ecology of the site

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 significant harm to the appearance of the landscape and would protect the setting of the nearby ancient monuments, whilst allowing for legitimate economic diversification into a use that is an accepted part of the local economy and character of the area.

The pertinent central government guidance is contained within Planning Policy Statement 7: Sustainable Development in Rural Areas and Planning Policy Statement 4: Planning for Sustainable Economic Growth. In addition, because of the archaeological and ecological issues present at the site, advice and guidance contained within Planning Policy Statement 5: Planning for the Historic Environment and Planning Policy Statement 9: Biodiversity and Geological Conservation is also relevant.

In respect of the Kennet Local Plan 2011 policies PD1 in relation to general development principles as well as policies NR6 and NR7 in relation to sustainability and the protection of the countryside and landscape are also relevant. Furthermore, the Kennet Landscape Conservation Strategy, which has been adopted as a supplementary planning document, is a material consideration.

And 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. No development shall commence on site until details and samples of the materials to be used for the roofs and stain colour to be used for the timber boarding on the external walls of the temporary dwellings 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.

3. The occupation of the two temporary dwellings hereby permitted shall be limited to a person solely or mainly employed in the equestrian business occupying the plot edged red on the attached plan, or any resident dependents.

REASON: The site lies within an area where planning permission would not normally be granted for development unrelated to the essential needs of the established business for which nearby staff accommodation is now required and  ...  view the full minutes text for item 99c

The following people spoke against the proposal:

Mr Stan Jonik, of Erlestoke Parish Council

The following people spoke in favour of the proposal:

Cllr Nigel Carter, as non-executive director of Sarsen Housing

The Committee received a presentation by the Area Development Manager which set out the main issues in respect of the application. He introduced the report, which recommended approval, and noted that this was the last of several similar such retrospective applications, all of which had been approved under delegated powers.

There were no technical questions. The Committee then received statements from members of the public as detailed above, expressing their views regarding this planning application.

After discussion including:

• Impact on neighbour amenity
• Impact on the character and appearance of the area

It was,

Resolved:

That planning permission be granted for the following reason:

The retention of the air source heat pump will not have any adverse impact on the character or appearance of the conservation Area, nor will it have any significant adverse impacts on the amenity of the adjacent property. Accordingly, the proposal is considered to be in accordance with policy PD1 of the Kennet Local Plan.

And subject to the following condition:

This decision related 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 structures and may also lead to prosecution.

Application form, technical specification for Worcester Bosch air source heat pump (including photograph), 1:1250 location plan, 1:500 site plan, 1:50 elevation drawing and 1:50 block plan received on 26 October 2010.

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

There were no urgent items.