Agenda and minutes

Apologies were received from Cllr Mark Connolly

To approve and sign as a correct record the minutes of the meeting held on 20 June 2013 (copy herewith).

The minutes of the previous meeting 20 June 2013 were signed and approved as a true and accurate record.

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

There were no declarations of interest made by the Committee.

To receive any announcements through the Chair.

The Chairman announced that Items 7b and 7d were suggested for deferral and requested that members agree to this.

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 25 June 2013. 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.

No questions had been received from members of the public.

Public Participation

Mr Ken Bryant spoke in objection of the application.

Mr Richard Anstis (Agent) spoke in support of the application.

Mr Andrew Brown spoke in support of the application.

Mr Gerard Griffin (Applicant) spoke in support of the application.

Local member Cllr Jerry Kunkler agreed with part of the objection raised by Mr Bryant, but ultimately supported the applicants request for privacy. Cllr Kunkler stated that a condition should be placed on the application, that the current route should not be closed until the proposed diversion was complete and approved by the Council.

The Rights of Way Officer outlined the report which recommended the item be referred to SoSEFRA for determination with the recommendation that it is approved. The Rights of Way Officer then outlined the key considerations for the committee including S119 of the Highways Act 1980 which gives Councils the power to make orders to divert public paths. Such orders may be made if they are in the land owners’ interest, and can only be confirmed if the new route is not substantially less convenient to the public, having regard to the effect the diversion will have on the enjoyment of the path or way as a whole.

Committee members were then given the opportunity to ask technical questions of the item.

Cllr Dobson asked if the proposed diversion included any stiles, and questioned the surface of diversion. IT was confirmed that the diversion would mostly consist of a hard compacted surface, and would not include any limitations.

Members then entered into debate on the item, discussing the legal responsibility for maintenance of the proposed diversion, the impact on public enjoyment of the new route, the quality and usability of the proposed diversion and impact on land owners privacy and interest. At the end of the debate it was;

Resolved:        

To  approve the application and recommend that the order dated 18 October 2012 be forwarded to the Secretary of State for Environment Food and Rural Affairs for confirmation.

To consider and determine the following planning applications.

Public Participation

Mr Andrew Potts spoke in objection to the application.

Mr Jonathan Marston spoke in objection to the application.

Mr John Martin spoke in objection to the application.

Mr Richard Cosker (Agent) spoke in support of the application.

Mr Andrew Oram (applicant) spoke in support of the application.

Mr Andrew Fell spoke in support of the Application.

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

Cllr Phillip Whitehead,  the local member, spoke in support of the Application stating that the applicants had taken into consideration the concerns and objections raised by residents and had sought to rectify these issues.

The Planning Officer introduced the report which recommended the application be granted planning permission and outlined the late item to be circulated (a list of representations received).  Details of the application were summarised by the Officer, who also outlined the areas of key consideration. These were the balancing of economic, social and environmental factors that influence a sustainable development.

Members had the opportunity to ask technical questions of the committee, and a question was asked by Cllr Dobson around the use of specific colours in conditions. This was clarified, as specific colours are difficult to enforce, and are best left as being ‘sympathetic’ to surrounding area.

The debate of the item followed and amendments were proposed to the officer recommended conditions for conditions 4, 9, and 10. Additional conditions were proposed to limit the audible sound level emitted from air compression units.

The Planning Officer also provided further summary on the ecologist surveys on the biodiversity impact. The issues of the sites proposed position and financial viability of the development were also discussed.

Cllr Fogg outlined his disproval of the application stating its impact on the AONB as a key reason for his opposition.

Cllr Gamble summarised the application of the NPPF and highlighted the conflict of protecting the AONB and promoting sustainable developments and the diversification of the Agricultural industry. The overarching theme of the document is in favour of sustainable development, and as a result was in favour of the application.

Councillor Dobson outlined concerns over the colour of the structure, the use of less favourable trees to disguise the development and the potential use of the structure should the venture fail.

A motion was proposed to add an informative on the guidance to usage of dark colours for the structure, and to the size of planted trees around the structure, and was approved. At the culmination of the debate it was;

Resolved:

To APPROVE planning permission for the application subject to the following conditions:

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 of the materials for the walls, curtains, roof,  ...  view the full minutes text for item 65.

This item was deferred by the Committee.

Public Participation

Mr Patrick Blake-Kerr (Agent) spoke in support of the application.

Mrs Stella Hall spoke in support of the application.

Mr Nigel Fielder spoke in support of the application.

Mr Bill Buxton (Chairman of Winterbourne Monkton Parish Council) spoke in support of the application.

The Planning Officer introduced the report which recommended the item be granted planning permission. Details of the application were then summarised by the officer. The planning officer outlined the key policies for consideration including PD1 of the Kennet Local Plan 2011 and section 7 of the National Planning Policy Framework. The considerations were summarised as being the visual impact and the affect on amenities in the area.

Committee members were given the opportunity to ask technical questions of the application.

Members of the public were given an opportunity to address the committee and state their views on the application.

Cllr Jemima Milton, local member spoke in support of the application, and raised the point that whilst the application had been brought to committee, it was broadly supported by local residents, providing that the adjoining pub was re-opened, and not converted. The confusion behind this, was the reason it had been called to committee, and Cllr Milton welcomed comments regarding proposed conditions.

The Planning Officer stated that it was reasonable to condition the application to ensure the future of the village pub in accordance with Policy ED29 of the Kennet Local Plan, which seeks to retain the existing range of social and community facilities in the rural areas.

A brief discussion was then had by members who raised the point that future planning applications would be required to convert the pub into a bed and breakfast, which would also go towards safeguarding the future of the pub in the village. Cllr Kunkler and Cllr Fogg both then spoke in support of the application. At the end of the debate it was;

Resolved:

That planning permission be GRANTED 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 bed and breakfast accommodation hereby permitted shall not be first brought into use until the public house has re-opened.

REASON: To safeguard the use of amenities in the local area in accordance with Kennet Local Plan Policy ED29.

3)    No development shall commence on site until details and samples of the materials to be used for the external walls and roofs of the extension 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.

4)    The development hereby permitted shall be carried out in accordance with the following approved plans:

• Location map & block plan, received  ...  view the full minutes text for item 67.

This item was deferred by Committee.

There were no urgent items to discuss.