Agenda and minutes

Apologies for absence were received from Cllr Alan Hill (who was substituted by Cllr Mollie Groom), Cllr Howard Marshall (who was substituted by Cllr Desna Allen) and Cllr Tony Trotman (who was substituted by Cllr Chuck Berry).

Resolved:

In the absence of the Chairman and the Vice-Chairman, to elect Cllr Peter Davis as Chairman for the meeting.

Cllr Peter Davis in the Chair

To approve and sign as a correct record the minutes of the meeting held on 22 June 2011. (copy herewith).

Resolved:

To confirm and sign the Minutes of the meeting held on 22 June 2011, subject to the following amendment to Minute No. 59 – Declarations of Interest:-

Cllr Peter Doyle declared a personal interest in Minute No 63 (b) – Application No 09/01844/S73A – Westwood Farm, Rode Hill, Near Colerne, Wiltshire, SN14 8AR – Alterations and Formation of A Private Way for Agricultural Purposes, and Installation of Associated Access Gates and Railings off Road Hill (Retrospective) because he was a member of the Cotswolds Conservation Board.  He stated that he would take part in the debate and vote with an open mind. 

Cllr Peter Doyle declared a personal interest in the following applications because he was a member of the Cotswolds Conservation Board.  He stated that he would take part in the debates and vote with an open mind:- 

Minute No 72 (c) - 11/01210/FUL - Land at Noble Street, Sherston, Malmesbury, SN16 0AA - Erection of Dwelling

Minute No 72 (e) - 11/01416/FUL - The Retreat, Longsplatt, Henley, Box, Corsham, SN13 8DE - Extension & Alterations

Cllr Peter Doyle also declared a personal and prejudicial interest in the following application because he lived in close proximity to the application site.  He would therefore leave the Chamber during consideration of this application:-

Minute No 72 (h) - 11/01506/FUL - 17 Vale View, Wootton Bassett, SN4 7BY - Erection of Detached House & Garage including New Vehicular Access

The Chairman announced that the following application had been withdrawn from the agenda to allow for the opportunity to review amended plans:-

Item No 7 (c) - 11/01210/FUL - Land at Noble Street, Sherston, Malmesbury, SN16 0AA - Erection of Dwelling 

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. 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 Wednesday 6 July 2011. Please contact the officer named on the first page 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.

Members of the public addressed the Committee as set out in Minute No 72 below.

There were no questions received from members of the public or members of the Council.

An appeals update report is attached for information.

The Committee received and noted a report setting out details of:-

(i)            Forthcoming hearings and public inquiries between 29 June and 31 October 2011.

(ii)          Planning appeals received between 9 and 29 June 2011.

(iii)         Planning appeals decided between 9 and 29 June 2011.

The following people spoke against the proposal:

Mr Philip Wrenn, a local resident

Mr Chris Nicholson, a local resident

Mrs Anne Henshaw, representing Campaign for the Protection of Rural England

The following person spoke in favour of the proposal:

Mr Keith Annis, Planning Director, Redrow Homes Ltd, representing the joint applicants

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  She introduced the report which recommended that the planning application be approved subject to conditions. She also drew Members’ attention to the late items from which it was noted that the application had been revised thus reducing the number of dwellings from 285 to 263.

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 the planning application.

After discussion,

Resolved:

To grant planning permission for the following reason:-

The reserved matters of appearance, layout, scale and landscaping accords with the outline permission granted under 08/02438OUT and would not result in the detrimental impact on any residential amenities, landscape, ecology or highways.  The proposal thus accords with Policies C2, C3 and NE15 of the adopted North Wiltshire Local Plan 2011.

Subject to the following conditions:

1 The north eastern landscape buffer fronting the residential development along Sandpit Road shall be carried out in the first planting and seeding season following the commencement of development.  All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. 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 species, unless otherwise agreed in writing by the local planning authority.  All hard landscaping shall also be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme to be agreed in writing with the Local Planning Authority.

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

POLICY- C3 NE15

2. All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first occupation of the building(s) or the completion of the development whichever is the sooner;  All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. 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 species, unless otherwise agreed in writing by the local planning authority.  All hard landscaping shall also be carried out in accordance with the approved details prior to  ...  view the full minutes text for item 72a

The following person spoke in favour of the proposal:

Mr Marc Willis, 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 the planning application be granted subject to conditions.

Members of the Committee then had the opportunity to ask technical questions after which the Committee received  a statement from a member of the public as detailed above, expressing his views regarding the planning application.

After discussion

Resolved:

To grant planning permission for the following reason:-

The proposal is for the retention of an unauthorised building.  The Council has carefully considered the circumstances relating to this building and other buildings within the complex. The Council has concluded that the building does not strictly comply with Policies H4 or BD6 of the North Wiltshire Local Plan.  However, it is not considered expedient to take enforcement action seeking its removal.  The removal of the building would be unlikely to have any significant beneficial effect upon the setting of adjacent buildings or the wider landscape.  Because of the specific circumstances that have lead to this decision is not considered that retention of this building will set a precedent that could be applied more widely.  Therefore whilst the building does not comply with Policies H4 and BD6 of the North Wiltshire Local Plan 2011 there are material circumstances that have lead the Council to grant permission.

Subject to receipt of amended plans showing amended boundary treatment and the following conditions:

1.    Within six months of the date of this permission the existing roofing material shall have been replaced with second hand clay roman tiles, samples of which shall first been submitted to and agreed in writing with the local planning authority.

Reason:  To ensure the building is more appropriate in appearance to its surroundings and neighbouring buildings in accordance with Policy C3.

2.    The development hereby permitted shall be implemented in accordance with the submitted plans and documents listed below. No variation from the approved plans should be made without the prior approval of the local planning authority. Amendments may require the submission of a further application.

Drawing Numbers 2205/01 and 2205/02 received 21^st April 2011.

REASON: To ensure that the development is implemented as approved.

It was noted that this application had been withdrawn from the agenda to allow for the opportunity to review amended plans.

The following people spoke against the proposal:

Ms Jessica Branton, a local resident

Mr Mike Elam, a local resident

Cllr Patrick Goldstone, Chairman, Malmesbury Town Council’s Planning & Environmental issues Committee

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 the planning application be granted subject to conditions.

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 the planning application.

After discussion

Resolved:

The proposed development is considered to be wholly out of keeping with the character and appearance of Harpers Lane and fails to preserve or enhance the character and appearance of the Malmesbury Conservation Area at this location contrary to Policies C3 and HE1 of the adopted North Wiltshire Local Plan 2011.

The following people spoke in favour of the proposal:

Mr William Phillips, applicant

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  He introduced the report which recommended that the planning application be refused.

Members of the Committee then had the opportunity to ask technical questions after which the Committee received a statement from a member of the public as detailed above, expressing his views regarding the planning application.

Members then heard the views of Cllr Sheila Parker, the local member in support of the application.

After discussion

Resolved:

To defer consideration of the application until the next meeting, requesting the officers to obtain details of the planning history so as to establish the square metreage of the original dwelling and approved extensions.  

The following people spoke against the proposal:

Mr Bain, a local resident

Cllr Dr M Dixson, Chairman of Kington Langley Parish Council

The following people spoke in favour of the proposal:

Mr Jens Anderson, applicant

Mr Nick Elkins, architect

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  He introduced the report which recommended that the planning application be granted subject to conditions. He also 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 the planning application.

Members then heard the views of Cllr Howard Greenman, the local member who expressed some concern at the scale of the development and its likely effect on the residents of Wayside Close.

After discussion

Resolved:

To defer consideration of the application until the next meeting, in order to hold a site inspection on Wednesday 3 August at 4.00pm.

The following people spoke against the proposal:

Mr Hugh Appleby, a local resident

Mr Thomas Jago, a local resident

The following people spoke in favour of the proposal:

Mr Adam Overfield, for the agent

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  He introduced the report which recommended that the planning application be granted subject to conditions. He also 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 the planning application.

After discussion

Resolved:

To defer consideration of the application in order that:-

(1)          a fuller report could be prepared setting out the views of Public Protection, and in particular those of the Environmental Health Officer, and

(2)          a decibel report be prepared by the applicant, together with clarification of the times of operation and a setting out of the technical specification of the generators.                                                       

(Cllr Peter Doyle left the Chamber, having declared a personal and prejudicial interest as detailed in Minute No 68 above.) 

The following person spoke against the proposal:

Mr Michael Witherden, a local resident

The following people spoke in favour of the proposal:

Mr Viv Vines, the agent

Cllr Owen Gibbs, Chairman of Wootton Bassett’s Planning Committee

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  She introduced the report which recommended that the planning application be refused. She also 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 the planning application.

After discussion

Resolved:

To refuse permission for the following reasons:-

1.    The proposed dwelling would be intrusive in the street scene and detrimental to the open character of this area, failing to respect the local distinctiveness of the locality and would cause an unacceptable loss of privacy and amenities of adjacent neighbours contrary to policies C3 and H3 of the North Wiltshire Local Plan 2011.

2.     No legal agreement has been secured to bring forward the required contribution of £4,200 towards public open space as is required by Policy CF3 of the North Wiltshire Local Plan 2011 and the supporting guidance contained within the North Wiltshire Open Space Strategy 2004.

Informative

This decision relates to documents/plans submitted with the application, listed below.

 Plan Ref:    Drwg No:  2011–07-1 received 27/4/2011

There were no urgent items.