Agenda and minutes

Apologies were received from Cllrs Peter Colmer, Peter Doyle and Alan Hill.  Cllr Mark Packard substituted for Cllr Colmer and Cllr Mollie Groom substituted for Cllr Hill.

To approve and sign as a correct record the minutes of the meeting held on 2 November 2011(copy herewith).

The minutes of the meeting held on 2 November 2011 were presented.

Resolved:

To approve as a correct record and sign the minutes.

Cllr Anthony Trotman declared a prejudicial interest in Application 11/02159/FUL:Deceunick, Stanier Road, Calne, SN11 because he was a director of Calne Leisure Centre. He stated he would step down from the Chair and leave the Chamber for the duration of the Application.

Cllr Howard Marshall declared a personal interest in Application 11/02159/FUL:Deceunick, Stanier Road, Calne, SN11 9PX because he was a member of Calne Town Council. He stated 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.

Cllr Mark Packard declared a personal interest in Application 10/04602/FUL: Sainsburys Supermarkets LTD, Bath Road, Chippenham, Wiltshire, SN14 0BJ because he was a member of Chippenham Town Council. He stated he was not a member of the Town Council’s Planning Committee, and would therefore take part in the debate with an open mind.

There were no 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 16 November 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.

The committee noted the rules on public participation.

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 23/11/2011 and 29/02/2012

(ii)             Planning appeals received between 19 October 2011 and 10 November 2011.

The Committee received a presentation by the Planning Officer detailing the main issues in respect of the application and recommended that planning permission be granted. It was noted that the item had been deferred from 02/11/11 to allow further consultation with Grittleton Parish Council and local residents. Attention was also drawn to the late observations provided with the report.

Members of the Committee then had the opportunity to ask technical questions to the Planning Officer. Clarification was sought regarding the issue of parking and construction materials.

Cllr Jane Scott, the local Member, spoke in support of the application.

After discussion,

Resolved:

That Planning Permission be GRANTED for the following reason:

The proposal has now been significantly reduced from the original scheme and is considered to an appropriate form of development which would preserve this part of the Grittleton Conservation Area and the adjoining listed buildings to the west.  Subject to the imposition of appropriately worded planning conditions the proposal is considered to comply with Policies C3 HE1 HE4 and H8 of the North Wiltshire Local Plan 2011 and the guidance contained in PPS5.      

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. 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; HE1; HE4; H8

3. No development shall commence on site until a sample wall panel, 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.

POLICY: C3; HE1; HE4; H8

4. No development shall commence on site until details of all eaves, verges, windows (including head, sill and window reveal details), doors, rainwater goods, chimneys, dormers and canopies 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; HE1; HE4; H8

5. No development shall commence on site until details of the finish to external timber, including any paint or stain to be used on the external walls and window joinery have been submitted to and approved in writing by the Local Planning Authority. Development shall be  ...  view the full minutes text for item 104a

Public Participation:

Mr Perrin, agent, spoke in support of the application.

Cllr Jacqui Lay, representing Purton Parish Council, spoke in objection to the application.

The Committee received a presentation by the Planning Officer detailing the main issues in respect of the application, noting the commitment of the Council to provide certain numbers of Gypsy and Traveller sites which the application would help meet, and recommended that planning permission be granted. It was noted that the item had been deferred from 02/11/11 pending receipt of the views of Purton Parish Council.

Members of the Committee then had the opportunity to ask technical questions to the Planning Officer, after which the Committee received statements from members of the public as detailed above, expressing their views regarding the planning application.

Cllr Mollie Groom, as local Member, spoke in objection to the application.

After discussion,

Resolved:

Planning Permission be GRANTED for the following reason:

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:

1. Within the first planting and seeding season following the date of the permission;  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 as shown in the Site Development Scheme Plan  PF:2C dated 16 September 2011.

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

2. The site shall not be permanently occupied by persons other than Gypsies and Travellers as defined in paragraph 15 of ODPM Circular 01/2006.

REASON: Planning permission has only been granted on the basis of a demonstrated unmet need for accommodation for gypsies and travellers and it is therefore necessary to keep the site available to meet that need.

3. There shall be no more than four pitches on the site. The site being the defined by the red line shown on Site Location Plan PF:1A dated 16 September 2011.

REASON: In the interests of visual amenity and the amenity of the occupants on the site.

4. There shall be no more than four caravans (4)  caravans as defined in the Caravan Sites and Control of Development Act 1960 and the caravans Sites Act 1968,  ...  view the full minutes text for item 104b

Public Participation:

Mr Roger Backway spoke in objection to the application.

Mr Matthew Morris spoke in objection to the application.

Mr Rob Perks spoke in objection to the application.

Mr Peter Grubb, agent, spoke in support of the application.

Ms Nicki Craig spoke in support of the application.

Mr David Lazenby spoke in support of the application.

The Committee received a presentation by the Planning Officer detailing the main issues in respect of the application, including the impact upon highway safety, visual amenity and impact on local areas, and recommended that planning permission be granted. The late observations to the report were also noted.

Members of the Committee then had the opportunity to ask technical questions to the Planning Officer, during which it was confirmed that the proposal included legal agreements in respect of the planting of trees, the tackling of anti-social behaviour on the site and other aspects, and that a 6 month review would be conducted if permission was granted, and clarification was sought regarding the impact of the car deck on visual amenity and the definition of store overtrading.

Members of the Committee then received statements from members of the public as detailed above, expressing their views regarding the planning application.

Cllr Peter Hutton, as local Member, spoke in support of the application.

After discussion,

Resolved:

To DEFER for one cycle to enable the Committee to consider further the information contained within the Roger Tym and Partners report.

Public Participation:

Mr Tim Guard, applicant, spoke in support of the application.

The Committee received a presentation by the Planning Officer detailing the main issues in respect of the application, including the raising of the barn roof and visual amenity, and recommended that planning permission be refused.

Members of the Committee then had the opportunity to ask technical questions to the Planning Officer after which the Committee then received statements from members of the public as detailed above, expressing their views regarding the planning application.

Cllr John Thompson, the local Member, spoke in support of the application.

After discussion,

Resolved:

N/11/01348/FUL

To DELEGATE for APPROVAL for the following reason:

This is an acceptable conversion of this traditional listed farm building complying with policy H4. The details of the conversion are acceptable and will preserve the character of this traditional stone barn within the countryside, the scheme complies with HE4 C3 NE4.

And subject to the completion of a S106 agreement in respect of securing off-site open space contributions;

And subject to the following conditions;

1.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  3557/09a /08 /01c /04a /03a , 3557/ 50j/ 51k/ 52k, 3557/10 /156c /159b /151b /150 /152b /154 /153 /155 bat survey owl report solar panels details.

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

2.Notwithstanding the plans submitted and prior to the commencement of the development hereby permitted, details of the following matters (in respect of which approval is expressly reserved) shall be submitted to, and approved in writing by, the local planning authority:

(1) walls, fences, gates and other means of enclosure;

(2) ground surfacing materials;

(3)  finished levels across the site;

(4) large scale details of internal and external joinery including metal framed glazing (1:5 elevation, 1:2 section) including vertical and horizontal cross sections through openings, as well as heads sills and lintels, these plans to indicate all windows and doors recessed by 300mm as agreed by agent in email dated 29/06/2011.

(5) the means of surface water disposal;

(6) the means of foul sewage disposal;

(7) Large scale details of eaves and verge (1:5 section)

(8) A full schedule and specification of repairs to all the historic structures on the site which shall be carried out prior to the first occupation of the building.

(9) Full details of proposed flues and means of providing ventilation and their exits to the external air; meter and alarm boxes

(10) Full details of proposed external decoration

(11) Roof tiles to be double romans in clay, tiles in accordance with agent's email.

The development shall be carried out in accordance with the details so approved.

Items (1) to (11) shall be completed prior to the use or occupation of the development hereby permitted.

Reason: In the interests of amenity and  ...  view the full minutes text for item 104d

Public Participation

Ms Jennifer Dunthorne spoke in objection to the application.

Mr Bev Barnes spoke in objection to the application.

Ms Emma Porch spoke in objection to the application.

Mr Andrew Lowkis spoke in objection to the application.

Ms Julie Adams, spoke in support of the application.

Mr Dale Evans, agent, spoke in support of the application.

Cllr Caroline Ramsey, Calne Town Council, spoke in objection to the application.

Cllr Anthony Trotman stepped down from the Chair and left the Chamber for the duration of the item because of his stated prejudicial interest as detailed in Minute No. 100. Cllr Peter Davis was elected as Chairman for the duration of the item.

The Committee received a presentation by the Planning Officer detailing the main issues in respect of the application, including the impact of light and noise on local residents and the impact on other leisure facilities, and recommended that planning permission be granted subject to the imposition of planning conditions. Attention was also drawn to the late observations provided with the report.

Members of the Committee then had the opportunity to ask technical questions to the Planning Officer after which the Committee then received statements from members of the public as detailed above, expressing their views regarding the planning application.

After discussion,

Resolved:

That Planning Permission be GRANTED for the following reason:

Whilst acknowledging the shift from the present condition of the site as a green field to built form, it is considered that the proposal would involve limited new building that would be well related to an existing building.  As such the proposal is of an appropriate form, scale and appearance and would comply with the requirements of Policies C3, C4, BD5 and NE15 of the adopted North Wiltshire Local Plan 2011 and national planning guidance in 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. 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.

POLICY-C3

3. The level of noise emitted from the site shall not exceed a Rating level of 45 dB (1hr)(i.e. LAeq(1hr) and free from acoustic features) between 0700 and 2300 hrs Monday to Saturday and a Rating level of 35 dB(5 mins) (i.e. LAeq (5 mins) 35 dB and free from acoustic feature) at any other time as measured on all boundaries of the site at any position where the boundary is contiguous with any part of the curtilage of a residential property.

Reason: In the interests of protecting the amenity of residents.

4. Prior to the commencement of  ...  view the full minutes text for item 104e

Public Participation

Mr Patrick Griffiths spoke in objection to the application.

Mrs S Wheeler spoke in objection to the application.

The Committee received a presentation by the Planning Officer detailing the main issues in respect of the application, including scale of the application and access, and recommended that planning permission be delegated to the Area Development Manager subject to conditions and subject to the applicant entering into a legal agreement under S.106 of the Town and Country Planning Act 1990 in respect of the provision of a financial contribution towards public open space. Attention was also drawn to the late observations provided with the report.

Members of the Committee then had the opportunity to ask technical questions to the Planning Officer, after which the Committee received statements from members of the public as detailed above, expressing their views regarding the planning application.

Cllr Jacqui Lay, the local Member, spoke in objection to the application.

After discussion,

Resolved:

Subject to the applicant entering into a legal agreement under S.106 of the Town and Country Planning Act 1990 in respect of the provision of a financial contribution towards public open space, as required by policy CF3 of the adopted North Wiltshire Local Plan 2011, it is recommended that planning permission be DELEGATED to the Area Development Manager for the following reason:

The scale and layout of the proposal is considered to be acceptable in the context of the surrounding area and the proposal is not considered to result in an unacceptable impact upon the residential amenity of surrounding properties.  Sufficient car parking and manoeuvring space is provided within the site and the proposed development would not be detrimental to highway or pedestrian safety.  In this way the proposed development is considered to comply with the provisions of policies C3, H3 and CF3 of the adopted North Wiltshire Local Plan 2011 and the guidance contained within Planning Policy Statement 3: Housing.

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.   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 of the North Wiltshire Local Plan 2011.

3.    The development hereby permitted shall not be first brought into use until the Right of Way surface has been upgraded and shall be a consolidated surface (not loose stone or gravel) in accordance with drawing NAD 0135 (This includes the provision of kissing gates).  Full details of the construction specification and kissing gates shall be submitted and  ...  view the full minutes text for item 104f

The Committee received a presentation by the Planning Officer detailing the main issues in respect of the application and recommended that condition 06 to planning permission 10/02321/S73A be varied. Attention was also drawn to the late observations provided with the report.

Members of the Committee then had the opportunity to ask technical questions to the Planning Officer. Clarification was sought regarding the issue of the light testing and how, when and whether these had been done and the impact of atmospheric conditions on light readings.

After discussion,

Resolved:

That planning permission be GRANTED for the following reason:

Subject to the imposition of appropriately worded planning conditions, the proposed permanent floodlighting would not cause an unacceptable impact upon the landscape or the amenities of the nearest neighbouring residents. In these circumstances, the proposal is considered to comply with the provisions of Policies C3, CF2 and NE15 of the adopted North Wiltshire Local Plan 2011.

Subject to the imposition of planning conditions previously imposed, including the variation to the wording of condition 06 to read as follows :

In complete accordance with the submitted details a regular record of light measurements taken by an appropriate professional shall be maintained at all times throughout the life of the development and such a record shall be made available for inspection by the Council upon request. Such light measurements shall be undertaken on two separate occasions within every 12 month period.  The first occasion shall be each autumn of every calendar year prior to the first operation of the floodlights and the second three months afterwards.

REASON: In order to maintain a floodlighting scheme that is correctly installed and maintained so as to reduce light spillage and keep potential impact upon residential amenity to a minimum.

Informative:

1.      The applicant is advised that in order to provide a clear and meaningful comparison over time, the assessments required by condition 06 to this decision notice should be carried out during consistent atmospheric conditions. Assessments consistently carried out in similar atmospheric conditions will minimise variation in lighting levels and visibility in the landscape and therefore allow for a more accurate assessment of the lighting.

Public Participation

Mr David Pearce, agent, spoke in support of the application.

Mr Ian Gooding, applicant, spoke in support of the application.

Mr Simon Meadowcroft spoke in support of the application.

Cllr John Bull, Colerne Parish Council, spoke in support of the application.

The Committee received a presentation by the Planning Officer detailing the main issues in respect of the application, including the scale and land status of the application, and recommended that planning permission be refused. Attention was also drawn to the late observations provided with the report.

Members of the Committee then had the opportunity to ask technical questions to the Planning Officer, after which the Committee received statements from members of the public as detailed above, expressing their views regarding the planning application.

Cllr Sheila Parker, the local Member, spoke in support of the application.

After discussion,

Resolved:

That Planning Permission be REFUSED for the following reasons:

1.     The proposed replacement dwelling by virtue of its scale, bulk and mass would not be of a similar scale and size as the existing dwelling and the existing dwelling is capable of retention subject to repair. The proposal is contrary to Policy H4 of the North Wiltshire Local Plan 2011.

2.     The proposed replacement dwelling by virtue of its scale, bulk and mass would result in a disproportionate increase in the scale of the building over that of the original resulting in inappropriate development in the Green Belt and resultant loss of openness of the Green Belt. The proposal would be contrary to Policy NE1 of the North Wiltshire Local Plan 2011.

3.    The proposed replacement dwelling by virtue of its location, scale, bulk, mass and ancillary development (access and separate curtilage) would have a harmful impact on the visual amenity and character of the Area of Outstanding Natural Beauty. The proposal would be contrary to Policy HE4 of the North Wiltshire Local Plan 2011.

There were no urgent items.