Agenda and minutes

Apologies were received from Cllr Chris Williams.

Cllr Williams was substituted by Cllr Jerry Kunkler.

To approve and sign as a correct record the minutes of the meeting held on 7 June 2012. (copy herewith).

The minutes of the meeting held on 28 June 2012 were presented. It was,

Resolved:

To approve the minutes as a true and correct record.

To receive any declarations of non-percuniary or percuniary interests or dispensations granted by the Standards Committee.

There were no declarations.

There were no 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 12 July 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.

To consider and determine the following planning applications:-

Attention was drawn to the late list of correspondence received,  and attached to these minutes, concerning Item 6b as listed in the Agenda pack.

A report by the Case Officer is attached.

Public Participation

Mr Richard Pitts spoke in objection to the application.

Mrs Liz Rolph spoke in objection to the application.

Mr Robert Holman spoke in objection to the application.

Mr John Kirkman, Campaign to Protect Rural England (CPRE), spoke in objection to the application.

Cllr Margret Rose, Marlborough Town Council, spoke in objection to the application.

The Area Development Manager introduced a report which recommended the application be approved. It was stressed that though the applicant’s decision to proceed with altering the premises and trading with changed use from A1 to Mixed A1/A3 prior to the decision of the Committee was regrettable, it was not a criminal offence and could not be a consideration for the Committee in determining whether the application should be approved or denied.

The key issues were highlighted as being whether the development would make a positive contribution to the vitality and viability of the Town Centre in accordance with relevant plans. Survey and interview evidence produced by the applicant had been submitted in support of that judgement. Sixteen out of Seventeen appeal decisions to permit Coffee shop developments in Town Centre locations nationally was also raised.

The Committee then had the opportunity to ask technical questions of officers. It was queried how applicant submitted data on footfall to the operating business could be considered when the fact of its operating without planning permission was not a consideration.

The lack of a fire escape was also questioned. Members further sought clarification on policy ED18 of the Kennet Local Plan, retained within the Wiltshire Core Strategy. It was stated that the National Planning Policy Framework paragraph 23 partially superseded policy ED18.

Members of the public then had the opportunity to address the Committee with their views, as detailed above.

The Local Member, Cllr Nick Fogg, then spoke in objection to the application.

A debate followed, during which the impact of the principles of the Localism Act 2011 on the application was raised in terms of local consultations, and it was confirmed Environmental Protection officers had raised no objection subject to precautionary conditions with regards to noise. The evidence submitted by the applicant regarding footfall was discussed, and whether it had been independently produced. It was stated that the Town Council and local Chamber of Commerce regarded the application as not benefiting the High Street.

The implications of the National Planning Policy Framework regarding town centres offering a diverse retail offering was raised, with emphasis on the need to reflect individuality.

At the conclusion of debate, it was,

Resolved:

That the application be REFUSED for the following reason:

The proposal conflicts with policy ED18 of the Kennet Local Plan, which states that planning permission in this designated Prime Shopping Area will not be given for the change of use of ground floor premises to uses other than Class A1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 as amended unless the development makes a positive contribution to the vitality and viability of  ...  view the full minutes text for item 46.1

A report by the Case Officer is attached.

Public Participation

Mrs Marina Morrison-Atwater spoke in objection to the application.

Mr George McDonic spoke in objection to the application.

Mr John Kirkman, Campaign to Protect Rural England, spoke in objection to the application.

The Area Development Manager introduced a report which recommended the application be approved, and gave details of four extra letters of support and one of objection since the report had been published. It was clarified that as the application did not include proposals to increase the number of aircraft permitted for the site, the key issue was solely whether the application would adversely affect the scenic quality of the Area of Outstanding National Beauty.

The Committee then had the opportunity to ask technical questions of the officers.

Members of the public then had the opportunity to address the Committee with their views, as detailed above.

The Local Member, Cllr Chris Humphries, then spoke in objection to the application.

A debate followed, where the increase in size from the temporary to permanent building was assessed, and it was clarified that any increase in size for the building in question would not affect the total number of aircraft permitted within the totality of the site, and the increase was in part to permit improved grain storage on the main site where necessary. The design of the proposed build was discussed, including colouring, and it was highlighted that the North Wessex Downs AONB Unit had raised no objection to appearance of the proposed build.

At the conclusion of debate, it was,

Resolved:

That planning permission be refused for the following reason:

The site is located in the countryside outside of the Limits of Development for any settlement. It is within the North Wessex Downs Area of Outstanding Natural Beauty, where it is the Council's policy to protect the character and appearance of the landscape. The erection of this permanent new building, of a larger size than the existing temporary structure currently in situ, would have an adverse impact on the appearance of the landscape and would therefore conflict with policy NR7 of the Kennet Local Plan.  

A report by the Case Officer is attached.

Public Participation

Mr Max Dissanayake spoke in objection to the application.

Mrs Carolyn Gittens spoke in objection to the application.

Mrs Gillian Roberts spoke in objection to the application.

Mr William Bird, BK Grain Engineers, spoke in support of the application.

Mr Paul Clark, applicant, spoke in support of the application.

Cllr Paul Burrowbridge, Fyfield and West Overton Parish Council, spoke in objection to the application.

The Area Development Manager introduced a report which recommended the application be approved, highlighting the key issues as the principle of the proposed Grain dyer and storage building, highway safety and impact on residential amenity at the proposed location, which had been determined as the most appropriate available to balance all requirements. It was clarified that the land north of the A4 lay within a World Heritage Site and that Highways had withdrawn their objection following the proposal to introduce visibility splays and a passing bay on the approach lane, and Environmental Health raised no objection subject to conditions.

The Committee then had the opportunity to ask technical questions, and it was stated that the previously utilized Grain dryer was inadequate for purpose, and located within the  village, closer to nearby houses.

Members of the public then had the opportunity to present their views to the Committee, as detailed above.

The Local Member, Cllr Jemima Milton, then spoke , stating it was unfortunate that a new building was required, but  it was the most appropriate location and a necessary function, and stressed that suitable conditions were required to mitigate the concerns of local people.

A debate followed, where the needs of the ongoing agriculture business were discussed and the impact upon the local highways network, and the details of traffic movements and passing places was highlighted. Discussion of specific conditions relating to lighting and noise were also raised.

At the conclusion of debate, it was,

Resolved:

To grant planning permission for the following reasons, and subject to  the following conditions:

The decision to grant planning permission has been taken on the grounds that the proposed development is required for the efficient operation of the farm holding. The site chosen, in the centre of the holding, is considered to be an appropriate location, having regard to the need to balance the landscape impact, impact on neighbours and traffic generation, subject to the conditions attached, and having regard to the Natioanl Planning Policy Framework and the following policies and proposals in the Kennet Local Plan2011, namely policies PD1; HH1; HH3; NR6 and NR7

Subject to the following conditions:

There were no urgent items.