Agenda and minutes

Apologies for absence were received from Cllr Christine Crisp (who was substituted by Cllr Chuck Berry) and Cllr Simon Killane (who was substituted by Cllr Bill Douglas).

To approve and sign as a correct record the minutes of the meeting held on 13 July 2011 (copy herewith).

Resolved:

To confirm and sign the Minutes of the meeting held on 13 July 2011.

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 80(c) - 11/01416/FUL - The Retreat, Longsplatt, Henley, Box, Corsham, SN13 8DE - Extension & Alterations

Minute No 80(d) - 11/01210/FUL - Land at Noble Street, Sherston, Malmesbury, SN16 0AA - Erection of Dwelling

There were no Chairman’s 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 (acting on behalf of the Director of Resources) no later than 5pm on Wednesday 27 July 2011. 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.

Members of the public addressed the Committee as set out in Minute No 80 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 13 July and 30 November 2011, it being noted that there were none confirmed.

(ii)          Planning appeals received between 30 June and 21 July 2011.

(iii)         Planning appeals decided between 30 June and 21 July 2011.

The following people spoke in favour of the proposal:

Mr Andrew Macpherson, the agent

Cllr Bill Blake, Deputy Chair, Planning & Environmental Issues Committee,  Malmesbury Town Council

The following person spoke against the proposal:

Cllr Roger Budgen, St Paul Malmesbury Without Parish Council

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 and listed building consent be refused. She also reminded the Committee that the applications had been the subject of several deferrals for further information to be obtained which had now been received and incorporated into the report. 

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.

The Committee then heard the views of Cllr John Thomson, the local Member, who supported the applications but did recognise the need to address the concerns that had been expressed concerning any increased use of Archers Lane to the site by construction traffic.

Resolved:

To delegate the Area Development Manager to issue:-

(1)          Planning permission, subject to the completion of a Section 106 agreement to secure the provision of an affordable housing unit together with contributions to affordable housing, education and public open space and the formulation of appropriate conditions.

REASON

The benefits of the proposed development and/or works in the removal of unsympathetic modern additions and the public benefits associated with the redevelopment of the site on balance outweighs the limited damage to the significant parts of the Listed Building.  The proposal is thus considered to accord with Policies C3, H3 and HE4 of the adopted North Wiltshire Local Plan 2011 and guidance contained in PPS5.

(2)          Listed building consent, subject to suitable conditions.

The following people spoke against the proposal:

Mr Ian Storey, representing Corsham Chamber of Commerce

Mr Alan Williams, ING Real Estate

Mr John Clark, Chairman of Chippenham Vision Board

The following person spoke in favour of the proposal:

Mr Craig Blatchford, the agent

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  She introduced the report from which it was noted that the application had been deferred from the meeting of the Committee held on 20 April 2011 to allow Officers to consider recent retail decisions at Peterborough and Gateshead and was subsequently deferred again at the Committee meeting on 1 June 2011 to allow the Council to seek Counsel’s advice on particular issues raised by third party objectors.  She also drew Members’ attention to the late items.  In the light of all the advice and information received, the report continued to recommend that the 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:

To grant planning permission for the following reason:

In determining this application the Council must take into account the existing permitted use of the site - That is 3315sqm of ground floor, 200 sqm mezzanine with 1,320sqm of external retail space = 4835 sqm. No conditions on the original approval placed any restriction on the goods to be sold other than it should only be for non food; there was no restriction on subdivision nor on adding (permitted development size) mezzanines.

The proposal, whilst involving demolition and rebuilding, will actually result in a retail floor area of less than the existing store plus its permitted "additions" and this figure includes taking out the external retail floor area (barring 60 sqm), which has an open retail use. The units will essentially be turned to face the car park and there will be 3 of them with their own entrances. The profile of the building will change, but the revisions are considered to enhance the scheme's appearance.

The existing store is only restricted from selling food (other than confectionary), so whilst the fears about impact on the town centre are understood, it is not considered reasonableto further condition to restrict what can be sold. One of the tests of Circular 11/95 is that conditions should be reasonable. It is considered that with the amendments that the agent has made in terms of floor area, the proposal is compliant with policy C3 of the North Wiltshire Local Plan 2011 and advice in PPS4 Planning for Sustainable Economic Growth.

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  ...  view the full minutes text for item 80b

The following people spoke in favour of the proposal:

Mr William Phillips, applicant

Mr Richard Wiltshire, the agent

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  It was noted that the application had been deferred at the last meeting to allow consideration of further information  relating to the quantum of the development proposed and previously permitted at the site.  He introduced the report which recommended that the planning application be refused.   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 a statements from  members of the public as detailed above, expressing their 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 grant planning permission for the following reason:-

The proposed development is in keeping with the host dwelling and the character and appearance of the area.  The extensions will not materially have a greater impact on the Green Belt and AONB than that already existing.  The development thus accords with Policies C3, NE1, NE4 and H8 of the adopted North Wiltshire Local Plan 2011.

Subject to the following conditions:

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

POLICY- C3

(2)       No development shall commence on site until a scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include:

(a) indications of all existing trees and hedgerows on the land;

(b) details of any to be retained, together with measures for their protection in the course of development;

(c) all species, planting sizes and planting densities, spread of all trees and hedgerows within or overhanging the site, in relation to the proposed buildings, roads, and other works;

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

POLICY- C3 NE1 H8

i.              No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the prior written approval of the Local Planning Authority.  Any topping or lopping approved shall be carried out in accordance with British Standard 3998 (Tree Work).

ii.             If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species and shall be planted at such time, as may be specified in writing by the Local Planning Authority.  ...  view the full minutes text for item 80c

The following person spoke against the proposal:

Mr R Kilner, a local resident

The following person spoke in favour of the proposal:

Mr Tony Doyle, the agent

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  It was noted that the application had been deferred from the last meeting to allow for the consideration of amended plans with a revised consultation expiry date of 21 July 2011.  She 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 statements from members of the public as detailed above, expressing their views regarding the planning application.

Members then heard the views of Cllr John Thomson, the local member who supported the application.

After discussion

Resolved:

To refuse planning permission for the following reasons:

1.    The design, scale and mass of the proposed building would be out of character with the surrounding area and would fail to preserve the character and appearance of this part of the Sherston Conservation Area.  As such, the proposed development would be contrary to policies C3 and HE1 of the North Wiltshire Local Plan 2011.

2.    The proposed development would, by reason of its siting be overbearing, resulting in an unacceptable and oppressive outlook for the occupiers of No. 1 Noble Mews which would be detrimental to the amenities of the occupiers of this property.  As such, the proposal would be contrary to policy C3 of the adopted North Wiltshire Local Plan 2011.

3.    No Section 106 Agreement has been secured therefore the proposed development does not include or bring forward adequate provision for affordable housing or public open space as is required by Policies C2, H6 and CF3 of the adopted North Wiltshire Local Plan 2011 and supporting guidance contained within the Revised Affordable Housing Supplementary Planning Document 2008 and North Wiltshire Open Space Study 2004.

Informative

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

-       LPC/2698/SD2/1D – Ground and first floor plans.  Elevation and section, date stamped 7^th July 2011

-       LPC/2698/SD2/2D – Elevations, date stamped 7^th July 2011

-       LPC/2698/SD2/3A – Elevation to Noble Street and section, date stamped 7^th July 2011

-       Site location plan, date stamped 7^th July 2011

-       Topographical survey, date stamped 24^th March 2011

The following people spoke against the proposal:

Mr M Bain, a local resident

Mr S Munden, a local resident

Cllr Dr M Dixson, Chairman of Kington Langley Parish Council

The following people spoke in favour of the proposal:

Mr Nick Elkins, the architect

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  The application was deferred from the previous meeting on 13 July 2011 in order that Members of the Committee could undertake a site visit.  A site visit had taken place earlier that afternoon in respect of this application, which had been attended by Cllr Peter Davis, Cllr Peter Hutton, Cllr Howard Marshall, Cllr Toby Sturgis and Cllr Tony Trotman. Cllr Howard Greenman, the local Member, also attended.

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.

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 refuse planning permission for the following reason:

The proposed development fails to respect the character and appearance of the host dwelling, the surrounding area in particular Wayside Close and would have an overbearing impact on the residential amenity of adjacent properties in that location contrary to Policies C3 and H8 of the adopted North Wiltshire Local Plan 2011.

The following person spoke in favour of the proposal:

Mr Charles Mannings, the agent

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.

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 Howard Greenman, the local member in support of the application.

After discussion

Resolved:

To delegate the Area Development Manager to issue planning permission, subject to the completion of a Section 106 agreement securing two affordable dwellings and subject to the relevant conditions applied in respect of applications 05/02230/OUT and 07/01431/REM.

REASON

The proposed development is considered to be acceptable based on previous permissions for residential development on the site and this represents the best solution for this brownfield site.

The following person spoke in favour of the proposal:

Mr Scott Cutler, a local resident

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 planning permission 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 Dick Tonge, the local member, in support of the application.

After discussion,

Resolved:

(1)          To grant planning permission for the following reason:

The proposed development by virtue of its scale, mass, bulk, design character and positioning respects the scale, proportions and character of the property and accords with policies C3 & HE8 of the North Wiltshire Local Plan (2011); and preserves a Grade II Listed Building in accordance with Policy HE4 of the North Wiltshire Local Plan 2011.

Subject to the following conditions:

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.

No development shall commence on site until a sample panel of stonework, not less than 1 metre square, has been constructed on site, inspected and approved in writing by the Local Planning Authority.  The panel shall then be left in position for comparison whilst the development is carried out. Development shall be carried out in accordance with the approved sample.

REASON: In the interests of visual amenity and the character and appearance of the area.

No development shall commence on site until details of the finish to external timber, including any paint or stain to be used on window joinery have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details prior to the development being first brought into use.

REASON: In the interests of visual amenity and the character and appearance of the area.

No works shall commence on site until details of all new external window, roof and door joinery and/or wood framed glazing and roof structure have been submitted to and approved in writing by the local planning authority. The submitted details shall include depth of reveal, details of heads, sills and lintels, elevations at a scale of not less than 1:10 and horizontal/vertical frame sections (including sections through glazing bars) at not less than 1:2.  The works shall be carried out in accordance with the approved details.

Reason: in the interests of preserving the character and appearance of the listed building and its setting.

Policy-HE4

11/02095/LBC

The works for which Listed Building Consent is hereby granted shall be begun before the expiration of three years from the date of this consent.

REASON:  To comply with the  ...  view the full minutes text for item 80g

There were no urgent items.