Agenda and minutes

An apology for absence was received from Cllr Alan Hill who was substituted by Cllr Mollie Groom.

To approve and sign as a correct record the minutes of the meeting held on 5 October 2011. (copy herewith).

Resolved:

To confirm and sign as a correct record the minutes of the meeting held on 5 October 2011.

Cllr Simon Killane declared a personal interest in Minute No 96 (i) – Application No 11/02703/FUL: Town Hall, Cross Hayes, Malmesbury, SN16 9BZ – Chang of use Ground Floor Market Room from Community Use to Hairdressing Salon/Beauty Treatments because he was a member of Malmesbury Town Council.  He stated that he had not participated in any debate on this application at a Town Council meeting and would therefore take part in the debate and vote with an open mind.

The Chairman introduced two new officers who would be assisting the Committee in future: Rosemary Lansdowne (Solicitor), and Kieran Elliott (Democratic Services Officer).

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 Wednesday 26 October 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 96 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 19 October and 31 December 2011.

(ii)          Planning appeals received between 19 September and 19 October 2011.

The Committee further noted that there had been no planning appeals decided between 19 September and 19 October 2011.

Mr Tony Phillips, agent, spoke in support of the application.

Cllr Geena Chapman, Cricklade Town Council, spoke in objection to the application.

The Committee received a presentation by the Case Officer detailing the main issues in respect of the application. It was noted that temporary permission had been granted 2 years ago.  Attention was also drawn to the late observations.

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 application.

Cllr Peter Colmer, as local Member, questioned the continued need on a permanent basis for these pitches, bearing in that some of them were currently unoccupied and suggested that a further temporary permission be granted in order to allow time for an assessment to be carried out into future needs.

After discussion.

Resolved:

To grant planning permission for the following reason:

1. The proposed development is considered to be acceptable based on its scale and nature which will limit impact on the character and amenity of the locality, residential amenities and highway safety and meet an established and identified need for Gypsy site provision in the former North Wiltshire area. The proposal is in accordance with Policy DP15 of the Wiltshire and Swindon Structure Plan 2016, Policies C3 & H9 of the North Wiltshire Local Plan (2011), PPS3 "Housing" and advice contained in Circular 01/2006.

Subject to the following conditions:

Within two months of the date of this permission, a flood evacuation scheme together with a surface water drainage scheme for the site, based on sustainable drainage principles and include an assessment of the hydrological and hydro-geological context of the development, has been submitted to and approved in writing by the Local Planning Authority. 

The scheme shall also include:

i.      Details of how the scheme will contain the 1 in 100 year storm (with a 30% allowance for climate change) whole limiting discharge from the site to Greenfield run-off rates (including supporting calculations);

ii.     A detailed plan of the drainage system; and

iii.    Details of how the scheme shall be maintained and managed after completion

The scheme shall subsequently be implemented in accordance with the details approved before the development is completed.

REASON: To ensure a safe and dry access to and from the development and prevent the increased risk of flooding, to improve and protect water quality, improve habitat and amenity, and ensure future maintenance of the surface water drainage system.

Policy C3

2. Within two months of this permission, the access, turning area and parking spaces have been completed in accordance with the details shown on the approved plans. The areas shall be maintained for those purposes at all times thereafter.

REASON: In the interests of highway safety. POLICY: C3

3. Within two months of the date of this permission 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  ...  view the full minutes text for item 96a

On hearing from the Chairman,

Resolved:

To defer consideration of the application pending receipt of the views of Purton 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 from which recommended that temporary permission be granted for a period of two years.  Attention was also drawn to the late observations.

Members of the Committee then had the opportunity to ask technical questions.

After discussion,

Resolved:

To refuse permission for the following reason:-

The proposed development of the community building is not justified in this rural location in the open countryside and is therefore harmful as a matter of principle.  This is due to the nature of the site and it not being a mixed community and the permanence of the building when the additional pitches proposed are only considered acceptable on a temporary basis given concerns in respect of over provision of pitches between 2011 -2016 and the harm this could have to the emerging Core Strategy and Gypsy and Travellers DPD.  Further the layout as proposed would provide poor levels of amenity for the proposed occupants of the transit pitches due to their lack of proximity to the facilities proposed within such a building.

The following people spoke against the proposal:

Ms Jessica Branton, a local resident

Mr Roger Coles, a local resident

Cllr Martyn Snell, representing Malmesbury Town Council

The following person spoke in favour of the proposal:

Mr Charles Sykes, the applicant

The Committee received a presentation from the Case Officer which set out the main issues in respect of the application.  She introduced the report which recommended that permission be granted subject to conditions.  She also drew Members’ attention to the late observations.

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:

(1)          To refuse planning permission for the following reasons:

(i) The scale and layout of the proposal is considered to be unacceptable in the context of the surrounding area and would fail preserve the character and appearance of this part of the Malmesbury Conservation Area.  The proposal would result in an unacceptable impact upon the residential amenity of adjacent properties.  Further the proposed development fails to provide adequate parking and manoeuvring space within the site. Accordingly, the proposal is considered to be contrary to Policies C3 and HE1 of the adopted North Wiltshire Local Plan 2011.

(ii) The proposed development does not make any provisions for securing financial contributions towards education provision and public open space.  The application is therefore contrary to Policies C3 and CF3 of the North Wiltshire Local Plan.

(2)          To refuse conservation area consent for the following reason:

The scale and layout of the proposal is considered to be unacceptable in the context of the surrounding area and would fail preserve the character and appearance of this part of the Malmesbury Conservation Area. The proposal is contrary to Policy HE2.

The following person spoke against the proposal:

Ms Alison Schmidt, a local resident

The following person spoke in favour of the proposal:

Mr S Crowther, the applicant

The Committee received a presentation from the Case Officer which set out the main issues in respect of the application.  She introduced the report which recommended that permission 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.

The Committee then heard the views of Cllr Sheila Parker, who spoke on behalf of Cllr Dick Tonge, the local Member in support of the proposal.

After discussion,

Resolved:

To refuse planning permission for the following reason:

The proposal by reason of its size, scale, design and layout, is considered to be tantamount to a new dwelling and would be a disproportionate addition to the existing dwelling. It is therefore, inappropriate development within the green belt and contrary to policies NE1, NE4 and H8 of the North Wiltshire Local Plan 2011. 

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

Members of the Committee then had the opportunity to ask technical questions.

The Committee then heard the views of Cllr Jane Scott, the local Member in support of the application.

After discussion,

Resolved:

To delegate the Area Development Manager to approve planning permission, subject to:

1. The submission of revised plans which address the suitable spacing of the proposed dormer windows within the roof together with lintels above doors and windows in the proposed extension; and
2. Completion of a legal agreement tieing the annex to the main house and not permitting separate occupation or the sale or rent of the annex

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 materials to be used in the construction of the external surfaces of the development hereby permitted shall match in material, colour and texture those used in the existing building.

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

3.    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.

Plans: Floor plans as existing/proposed, site plan, existing/proposed elevations dated 13 July 2011

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

REASON

The proposed annexe, by virtue of its design, size and scale, would be in keeping with the appearance and proportions of the existing dwelling and would comply with policies C3 and H8 of the North Wiltshire Local Plan 2011.

Mr Simon Chambers, the agent, spoke in support of the application.

The Committee received a presentation by the Case Officer detailing 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 application.

Cllr Christine Crisp, as local Member, spoke in support of the application.

After discussion,

Resolved:

To delegate the Area Development Manager to grant planning permission, subject to conditions, for the following reason:-

The proposed extensions by reason of their scale, design and siting are in keeping with the host dwelling and accord with policies C3 and H8 of the North Wiltshire District Council Local Plan 2011.

The following people spoke against the proposal:

Mr Gerrard Churchhouse, a local resident

Mr Andrew Coombes, a local resident

The following person spoke in favour of the proposal:

Mr Paul Oakley, a local resident

The Committee received a presentation from the Case Officer which set out the main issues in respect of the application.  He introduced the report which recommended that permission be granted subject to conditions.  He also drew Members’ attention to the late observations.

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 Sheila Parker, the local Member, who, whilst generally supporting the application, considered that the height of the proposed roof extension should be reduced and that the gabled end should be turned around.

After discussion,

Resolved:

Planning Permission be GRANTED for the following reason:

The proposal is considered to have an acceptable impact on the immediate locality and wider natural beauty of the landscape and will preserve the character and appearance of the Colerne Conservation Area in accordance with policies HE1 and NE4 of the the North Wiltshire Local Plan 2011. The development will not have an overriding detrimental impact on the privacy and amenities of the neighbouring properties in accordance with Policies C3 and H8 of the North Wiltshire Local Plan 2011 and will not materially detract from the setting of the adjacent Grade ll listed building therefore complying with policy HE4 of the North Wiltshire Local Plan 2011.

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 stonework to be used externally on the proposed development shall match that of the existing building in terms of type, colour, size and bedding of stone, coursing, type of pointing and mortar mix, unless otherwise agreed in writing by the Local Planning Authority prior to works commencing.

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

3. No development shall commence on site until details of the roof tiles to be used on the development 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. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any Order revoking or re-enacting or amending that Order with or without modification), there shall be no extensions or external alterations to the building forming  ...  view the full minutes text for item 96h

The following people spoke against the proposal:

Ms Aimee Frankham, representing businesses in Malmesbury

Ms Heather Newton Lewis, Chair of the Cross Hayes Pre School

Ms Jennifer Cole, Treasurer of the Cross Hayes Pre School

The following person spoke in favour of the proposal:

Mr Andrew Mercer, a local resident

Cllr Martyn Snell, representing Malmesbury Town Council as applicant

The Committee received a presentation from the Case Officer which set out the main issues in respect of the application.  She introduced the report which recommended that permission be granted subject to conditions.  She also drew Members’ attention to the late observations.

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 Simon Killane, as the local Member, who considered that the application should be deferred in order to allow time for a fuller public consultation to be carried out.

After discussion,

Resolved:

To defer in order to allow members the opportunity to explore issues of vitality and viability in terms of the previous and proposed uses of the room within the Town Hall

(Note:  Cllr Peter Hutton requested that his vote against the motion be recorded.)

The Committee received a presentation from the Case Officer which set out the main issues in respect of the application.  She introduced the report which recommended that permission be granted subject to conditions. 

Members of the Committee then had the opportunity to ask technical questions.

After discussion,

Resolved:

To grant planning permission for the following reason:

The proposed development by reason of its scale, design and siting is considered to be in keeping with the general character and appearance of the commercial character of development in the vicinity of Junction 16 of the M4.  The proposal would result in job creation compliant with Policy BD2 and would not result in any detrimental retail or highways impact. Accordingly, the proposal is considered to accord with Policies C3, C4 and BD2 of the North Wiltshire Local Plan 2011 as well as guidance contained within PPS4.

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. Prior to the commencement of development, samples of the walling and roofing materials to be used shall be submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details.

REASON: In the interests of visual amenity.

3. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting or amending that Order with or without modification), the site shall be used solely for purposes within Class(es) A1 and A3 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended by the Town and Country Planning (Use Classes) (Amendment)(England) Order 2005 (or in any provisions equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification).  The A1 floorspace permitted shall not exceed 111.5sqm and shall be restricted to Unit 2a in accordance with plan 787 PL 201 dated 10 August 2011.

REASON:  The proposed use is acceptable but the Local Planning Authority wish to consider any future proposal for a change of use, other than a use within the same class(es), having regard to the circumstances of the case.

4. 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.

Plans 787.2PL 00 A dated 8 September 2011

Plans 787 PL 201, 787.2 PL 100, 787 PL 100 E dated 10 August 2011.

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

The following people spoke against the proposal:

Mr Merrick, a local resident

Mr Bootom, a local resident

The following person spoke in favour of the proposal:

Mr Mike O’Brien, the agent

The Committee received a presentation from the Case Officer which set out the main issues in respect of the application.  She introduced the report which recommended that permission be granted subject to conditions.  She also drew Members’ attention to the late observations.

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 Howard Marshall, as the local Member, who considered that the application should be refused as he was concerned about the impact of the development on local residents.

After discussion,

Resolved:

To grant planning permissionfor the following reason:

It is not considered that the introduction of the facility would increase the noise and disturbance to an unacceptable level and that the application should be permitted. It is considered that the use preserves the character and appearance of this part of the Calne Conservation Area and complies with policies C3, NE18 and HE1 of the North Wiltshire Local Plan 2011

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 use hereby permitted shall be for the sale of pizzas only and no other hot food takeaway. There shall be no cooking or sale of pizzas outside the hours of 09:00-22:00 on any day.

REASON: To protect the amenity of the area.

3. Any fixed plant associated with the proposed development shall be so sited and designed as to not exceed the following criteria : 45dBLAeq(1hr) and noise rating (NR) curve 40dBA, when measured at 1m from any residential window.

REASON: To protect nearby residential amenity.

4. 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.

Plans

C4728-A5-03, 02, 01, 04 and 05 dated 11^th August 2011.

(Note:  Cllr Peter Hutton requested that his vote against the motion be recorded.)

On hearing from the Chairman,

Resolved:

To defer consideration of the application to allow for further consultation on the proposals with Grittleton Parish Council and local residents.

The following person spoke in favour of the proposal:

Mr David Hames, the applicant’s project manager

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

The Committee then heard the views of Cllr Sheila Parker, the local Member, who did not support the application in its current format.

After discussion,

Resolved:

To refuse planning permission for the following reason:-

The proposed extension by reason of its excessive height would be disproportionate to the existing dwelling and would reduce the openness of this part of Lower Kingsdown Road, thus failing to accord with Policies NE1, NE4 and NE15 of the adopted North Wiltshire Local Plan 2011. Furthermore, the detrimental overbearing effect of the proposed extension on the host dwelling due to its height would be contrary to Policies C3 and H8 of the adopted North Wiltshire Local Plan 2011.

There were no urgent items.