Agenda and minutes

There were no apologies received.

To approve and sign as a correct record the minutes of the meeting held on 5 December 2013 (copy herewith).

The Minutes of the previous meeting held 5 December 2013 were presented. It was;

Resolved:

To approve and sign the minutes of the meeting held 5 December 2013, 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.

To note any announcements from the Chairman.

The Chairman outlined the procedures for the meeting. There were no further 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 13 February 2014. 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 Chairman outlined the procedure for public participation. No questions had been submitted from the public or Councillors.

To receive details of the following Rights of Way report:

The Wiltshire Council Collingbourne Kingston 1B (part) & 33 and Chute 3 (part) Rights of Way Modification Order 2013

(See Agenda Supplement 1).

Public Participation

No members of the public registered to speak on this application.

Sally Madgwick, Rights of Way Officer (RWO), outlined the officer’s report which recommended the Modification Order be forwarded to the Secretary of State for Environment, Food and Rural Affairs for determination with the recommendation that the Order be confirmed as made.

The RWO outlined the description of the existing route and the proposed changes, focusing in particular on the classification of the route as a restricted by-way. The RWO stated that the application must be considered by the inspectorate even if there is only a single anonymous objection. The RWO proceeded to outline the evidence in support and objection to the order, and detailed the implications of the order with regard to economic and environmental impact.

Members were presented with an opportunity to ask technical question for the application and these focused on the use of the lane as a restricted by-way and limitations on motor traffic users. Questions on access for other land owners were asked and clarification sought on the nature and relevance of the objections received.

Members of the public were given the opportunity to address the Committee as detailed above.

Cllr Howard spoke as the local member for the application and spoke in support of the Officers recommendation.

The Committee then entered debate on the order, and raised the possibility of the land owner installing bollards to limit the usage of the restricted by-way. It was confirmed that this would not be lawful given the current legislation, but that proposals to change the law may allow for the installation of a cattle gate. The Committee decided against amending the recommendation with any conditions and, at the end of the debate, the Committee:

Resolved:

To forward the Wiltshire Council Collingbourne Kingston 1B (part) & 33 and Chute 3 (part) Rights of Way Modification Order  to the Secretary of State for Environment, Food and Rural Affairs for determination, with the recommendation that the Order be confirmed as made.

To place on record the commendation of the Rights of Way Team for their work in producing such a substantial report.

To consider and determine the following planning applications.

Public Participation

Mr Glen Godwin spoke in support of the application.

Mr Steve Colling Burbage Parish Council, spoke in support of the application.

Local member Cllr Stuart Wheeler spoke in support of the application.

The Area Development Manager outlined the report which recommended the application be granted planning permission. The Area Development Manager outlined the late item that had been received which detailed late representations received from the applicant. The Area Development Manager outlined the details of the site, noting that the site comprised of an L-shaped parcel of land approximately 2.5h in size with the High Street located on its western side, and that part of the proposed development was situated outside of the Burbage specified limits of development. The Area Development Manager also outlined existing access routes across the site including a footpath running north to south.

The key planning policy considerations were noted as being: Kennet Local Plan 2011:  HC26 Housing in the countryside and HC34: Recreation provision on large developments. Policy NR7 states that where developments are outside the Limits of Development, the council will seek to protect and enhance the character and quality of the environment. The Committee also gave weight to the emerging Core Strategy although this was not formally considered in the decision as the document is yet to be formally adopted by the council.

The Area Development Manager outlined the consultations that had been undertaken, and noted that no objections had been received. As a result of discussions with consultees and the Parish Council, the applicant had agreed to reduce the number of dwellings on the site.

The Committee were then invited to ask technical questions of the application. Particular focus was afforded to the impact of the development on the highsteet and the impact of increased traffic flow as a result of the proposed development.

Members of the public (above) were then invited to speak on the application.

Local Member Cllr Stuart Wheeler spoke in support of the application stating that the area has been unkempt for a long time and that it was the most suitable place for additional housing to be built within the village. Cllr Wheeler stated the importance of affordable homes with good access, and it was clarified that 40% of the dwellings would be classified affordable housing, and would not negatively impact on the high street. Cllr Wheeler noted the importance of a section 106 agreement in providing the necessary contributions that would be required as a result of any development to the site.

Members then entered into debate on the application, and the main concerns were summarised as being:  the traffic increase and developer contributions to the local school under a s106 agreement to enable the village to accommodate the increase in numbers.

Resolved:

To GRANT planning permission for the application subject to the completion of a Section 106 and/or other legal agreement to secure:

1) 40% affordable housing;

2) Educational Contributions;

3) Open space contributions;

4) Transfer of land and associated maintenance payment around  ...  view the full minutes text for item 9.

This application was withdrawn by the applicant.

This application was withdrawn by the applicant.

The Area Development Manager outlined the Planning Enforcement report which provided a summary of enforcement action taken on Rum Jungle, Snails Lane, Devizes. Members commented on the good work of the Enforcement Team, and it was noted that a local land charge has been put on the land in-order to recover the costs incurred when the site is sold in future.

Resolved:

To note the report from the Planning Enforcement Team.

There were no urgent items.