Agenda and minutes
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Contact: Chris Marsh
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Apologies for Absence Minutes: Apologies were received from Cllr Christopher Williams, substituted by Cllr Jerry Kunkler, Cllr Chris Humphries and Cllr Laura Mayes. |
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Minutes of the Previous Meeting To approve and sign as a correct record the minutes of the meeting held on 17 February 2011 (copy herewith). Supporting documents: Minutes: The minutes of the meeting held on 17 February 2011 were presented and it was,
Resolved:
To approve and sign the minutes as a correct record. |
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Declarations of Interest To receive any declarations of personal or prejudicial interests or dispensations granted by the Standards Committee. Minutes: There were no interests declared. |
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Chairman's Announcements Minutes: There were no Chairman’s Announcements. |
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Public Participation 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.
To receive any questions from members of the Council or members of the public 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 above (acting on behalf of the Director of Resources) no later than 5pm on (4 clear working days, e.g. Wednesday of week before for a Wednesday meeting). Please contact the officer named on the first page of the 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. Minutes: The Committee noted the rules on public participation and the manner in which the meeting would proceed. |
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Planning Applications To consider and determine planning applications in the attached schedule. |
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E/11/0224/S73 Land at Kennet Rise, Axford, Marlborough, Wilts SN8 2HA – Removal of condition 9 of permission E/09/0873/FUL to remove requirement for visibility splay. Supporting documents: Minutes: Land at Kennet Rise, Axford, Marlborough, Wilts SN8 2HA – Removal of condition 9 of permission E/09/0873/FUL to remove requirement for visibility splay.
The following people spoke against the proposal:
Mrs Rosemary Henderson, local resident Mr David De Saxe, local resident Mr Hamish Watson, local resident
The following people spoke in favour of the proposal:
Mr Christian Silk, the applicant’s solicitor
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.
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 this planning application.
The Committee sought the professional advice of Grahame Kean, Senior Solicitor, and Roger Witt, Senior Highways Development Control Officer, on behalf of the authority.
After discussion regarding:
· Whether the proposed removal of the condition in question would have an unacceptably adverse impact on highway safety
It was,
Resolved:
To defer and delegate authority to the Area Development Manager to grant planning permission, subject to a Section 106 agreement to the same effect as that made in respect of the original application (ref. E/09/0873/FUL) for the following reasons:
The retention of the planning condition is not essential as satisfactory visibility can be safeguarded to the west and whilst there is limited obstruction of the visibility splay to the east, the access is in the same position as the long-existing access that has served a parking court and parking area on this site for more than 25 years without any accident record. As the levels of traffic from the use of the access to serve the development proposed are unlikely to be materially different from the historic use, it would be unreasonable to insist that the condition be retained. Removal of the condition would therefore not conflict with policy PD1 of the Kennet Local Plan.
And subject to the following conditions:
1. The development hereby permitted shall be begun before 9th August 2013.
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 for the external walls and roofs shall be those specified in the External Materials Schedule dated 20/09/10. Development shall be carried out in accordance with these approved details.
REASON: To secure harmonious architectural treatment.
3. All soft landscaping comprised in the approved details of landscaping shown on drawing no. KEN.AX.01 Rev B shall be carried out in the first planting and seeding season following the occupation of the buildings or the completion of the development whichever is the sooner; 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 and ... view the full minutes text for item 124. |
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E/10/1652/FUL Buckerfields Nursery, Southend, Ogbourne St George, Marlborough, Wiltshire, SN8 1SG – Conversion of storage barn to four units of holiday accommodation including erection of single storey extensions. Supporting documents: Minutes: Buckerfields Nursery, Southend, Ogbourne St George, Marlborough, Wiltshire, SN8 1SG – Conversion of storage barn to four units of holiday accommodation including erection of single storey extensions.
The following people spoke in favour of the proposal:
Mr Paul Oakley, the agent Mr Terrence Wright, the applicant
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.
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 this planning application.
Cllr Jemima Milton made a statement on behalf of Ogbourne St George Parish Council, objecting to the proposal, and after discussion regarding,
· The principle of allowing re-use and extension of the building to provide holiday accommodation; · The compatibility of the proposed use with the principles of sustainability · The impact of the proposed use on the countryside and Area of Outstanding Natural Beauty; · The impact on highway safety; · The impact on residential amenity; · The levels of local demand and supply of holiday accommodation; and · The prospect of limiting guests’ stay length through planning conditions to ensure primarily tourist, and not business, use
It was,
Resolved:
To approve the application for the following reasons:
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, including the character and appearance of the landscape of this part of the area of outstanding natural beauty, and having regard to the following policies and proposals in the Kennet Local Plan 2011 namely: policies PD1 & NR7; and Central Government planning policy set out in PPS4 & PPS7.
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. 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 existing building.
REASON: In the interests of visual amenity and the character and appearance of the area.
3. Notwithstanding Class C3 of the Schedule of the Town and County Planning (Use Classes) Order 1987 (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification) the accommodation hereby permitted shall be used to provide holiday accommodation only, which shall not be occupied as permanent, unrestricted accommodation or as primary place of residence. An up-to-date register of names and main home address of all occupiers shall be maintained by the owner and shall be made available at all reasonable times to the Local Planning Authority.
REASON: In order to ensure that the accommodation is not ... view the full minutes text for item 125. |
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E/11/0029/FUL South of Byron Road, East of Thomas Wyatt Road, West of Green Lane (Former Katherine McNeil Clinic Site, Green Lane, Devizes) – Extension of time limit for implementing planning permission K/42334/O for the erection of 36 houses and 26 flats. Supporting documents: Minutes: South of Byron Road, East of Thomas Wyatt Road, West of Green Lane (Former Katherine McNeil Clinic Site, Green Lane, Devizes) – Extension of time limit for implementing planning permission K/42334/O for the erection of 36 houses and 26 flats.
The following people spoke against the proposal:
Mr Chris Callow, of Roundway Parish Council Mrs Pat Rugg, of Roundway Parish Council and on behalf of the residents of Byron Road
The following people spoke in favour of the proposal:
Miss Amy Hallam, 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 that Members defer and delegate to officers to approve the application subject to a revised Section 106 agreement, 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 as detailed above, expressing their views regarding this planning application.
Cllr Richard Gamble presented a statement on behalf of the absent divisional Member, Cllr Laura Mayes, in opposition to the proposal, and after discussion by the Committee regarding:
· Whether there had been a material change in circumstances since the granting of outline permission under reference K/42334/O in respect of the authority’s adoption of minimum car parking standards for new developments in December 2010
It was,
Resolved:
To refuse permission for an extension of the period for implementing the planning permission for the following reason:
The development makes inadequate provision for car parking for the number of dwellings proposed. Since the original planning permission was granted, there has been a material change in circumstances in the publication of the revised PPG13 which removes references to maximum parking standards for residential development. The Council has also adopted a new Local Transport Plan in March 2011 that sets minimum standards for car parking for residential developments, of which this proposal falls well short. |
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E/10/1620/FUL Wansdyke Farm, Ham Spray, Marlborough, Wiltshire SN8 3QZ – Demolition of redundant farm buildings and a cottage. Removal of slurry pit. Erection of one replacement dwelling with associated outbuildings; residential barn conversion with associated outbuildings, landscaping and access; creation of two statutory public bridle paths and one permissible public footpath; restoration of farmland with associated landscaping and biodiversity improvements, re-contouring of land. Supporting documents: Minutes: Wansdyke Farm, Ham Spray, Marlborough, Wiltshire SN8 3QZ – Demolition of redundant farm building and a cottage. Removal of slurry pit. Erection of one replacement dwelling with associated outbuilding; residential barn conversion with associated outbuildings; landscaping and access; creation of two statutory public bridle paths and one permissible public footpath; restoration of farmland with associated landscaping and biodiversity improvements; re-contouring of land.
The following people spoke in favour of the proposal:
Mr Nicholas Baring, Chairman of Ham Parish Council
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.
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 this planning application.
Upon hearing the views of the divisional Member, Cllr Stuart Wheeler, and after discussion regarding:
· Whether the proposal is acceptable in principle; · Whether the proposal would have detrimental impact on the character and appearance of the North Wessex Downs Area of Outstanding Natural Beauty (AONB); · Whether the design of the two dwellings and associated buildings is acceptable; · Whether the scheme would give rise to an adverse impact upon residential amenity; · Whether the scheme would cause harm in respect of highway safety; · Whether the scheme would cause harm to protected ecological species and/or their habitats; · Whether the proposed footpaths are acceptable both in terms of their suitability for formal adoption by the Council and in respect of their impact upon adjacent farmland; and · Impact upon the setting of the adjacent listed Ham Spray House
It was,
Resolved:
To grant planning permission for the following reasons:
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: HC25 (replacement dwellings), HC26 (dwellings within the open countryside), PD1 (general development principles) and NR6 (sustainability and protection of the countryside) as well as advice and guidance contained within PPS5 (Planning and Historic Environment), PPS7 (Sustainable Development in Rural Areas), PPS9 (Biodiversity and Geological Conservation), North Wessex Downs Management Plan (2009) and Kennet Landscape Conservation Strategy Supplementary Planning Guidance (2005).
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 within the application site shall commence until:
(i) An ecological survey has been carried out by a suitably qualified and experienced ecologist within the landscape regeneration area (details of the exact area to be surveyed to be first agreed in writing by the local planning authority), and
(ii) A landscape regeneration and ecology management plan has been ... view the full minutes text for item 127. |
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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 no Urgent Items. |