Agenda and minutes

To receive any apologies for absence.

Apologies were received from Councillors Peter Doyle, Alan Hill and Simon Killane.  Councillor Bill Roberts substituted for Councillor Doyle and Councillor Bill Douglas substituted for Councillor Killane.

To approve and sign as a correct record the minutes of the meeting held on 14^th December 2011 (copy herewith).

The minutes of the meeting held on 14 December 2011 were presented.

Resolved:

To approve as a correct record and sign the minutes.

There were no declarations of interest

To receive any announcements.

The Chairman

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 15^th February. 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 8 February 2012 and 31 July 2012

(ii)   Planning appeals received between 11 November 2011 and 8 February 2012

Public participation:

Ms Francesca Caton spoke in objection to the application

Ms Kim Power spoke in objection to the application

Mr David Pearce spoke in support of the application

Councillor Bill Blake, representing Malmesbury Town Council, spoke in objection to the application.

Councillor Simon Killane, local member, spoke in objection to the application.

The Planning Officer introduced the report, which was recommended for approval, and highlighted the two key issues which were the fact that this was in a secondary frontage area and that it had been marketed for almost two years without success.   A debate followed during which the loss of retail capacity was considered.

Following the debate it was

RESOLVED

To refuse the application for the following reason:

The proposed development would result in the unacceptable loss of a retail premises within the secondary retail frontage in a prominent location within the centre of Malmesbury.  The loss of premises would be to the detriment of the vitality and viability of Malmesbury Town Centre and its future vitality and viability.  Insufficient information has been provided to demonstrate that the property has been marketed sufficiently robustly in an attempt to secure a retail use at the premises.  The proposal is contrary to Policies C3, R2 and R6 of the adopted North Wiltshire Local Plan 2011 as well as the strategy and objectives of  Wiltshire Core Strategy Pre-Submission Draft February 2012.

Public participation:

Mr David Pearce spoke in support of the application

Mrs P Graves spoke in support of the application

Ms Fleur Shanahan spoke in support of the application

Councillor Jean Bush, representing Nettleton Parish Council, spoke in support of the application.

Councillor Toby Sturgis, representing the views of Councillor Jane Scott, local member, spoke in support of the application.

The Planning Officer introduced the report which was recommended for refusal.  He explained that there had been objections from the Principal Ecologist and from the Conservation Officer.  During the debate issues of visibility from the public footpaths, lighting and surface materials were considered.

It was

RESOLVED

DELEGATE to officers to secure the required ecological surveys and any necessary mitigation measures; and

APPROVE for the following reason:

The proposed development by reason of its scale, and relationship with the existing residential curtilage would be in keeping with the listed building and its setting and would not detract from the character and appearance of the West Kington conservation area or the countryside at this location.  The proposal thus complies with Policies C3, HE1, HE4, H8 and NE15 of the adopted North Wiltshire Local Plan 2011.

Subject to the following conditions:

11/3755/FUL

1.     Prior to commencement of development an ecological assessment and mitigation strategy shall be submitted to and approved in writing by the Local Planning Authority.  All development shall be carried out in complete accordance with the approved ecological mitigation strategy.

REASON: In the interests of the ecological value of the site and its setting

2.     No external lighting shall be installed on site without written approval from the Local Planning Authority, by means of a formal application.  Plans showing the type of light appliance, the height and position of fitting, illumination levels and light spillage must be submitted to and approved in writing by the Local Planning Authority. The lighting approved shall be installed and shall be maintained in accordance with the approved details.

REASON: In the interests of the ecology of the site and the character of the countryside, Conservation Area, AONB and setting of the listed building.

3.     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;

(d)  finished levels and contours;

(e)  retained historic landscape features and proposed restoration, where relevant.

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features, the character and appearance of the Conservation Area and AONB and the setting of the listed building.

4.    Prior to the commencement of development, manufacturers  ...  view the full minutes text for item 7b

Public participation:

Mr Vines spoke in support of the application.

The Planning Officer introduced the report which was recommended for refusal, he explained that officers felt it was too large for the grounds of the existing property.  A debate ensued during which the issue of the size of the development and the fact that it was outside the framework boundary were discussed.

It was

RESOLVED

That Planning Permission be REFUSEDfor the following reasons:

1.     The proposed building is too large in terms of its footprint and mass and bulk and does not respect the character and appearance of the main house on the site and or the rural character and appearance of the locality by the introduction of a large detached building. Therefore, proposal fails to comply with policies C3 NE15 of the Local Plan 2011 and policy RLT9 of the Wiltshire Structure Plan.

2.     The proposal located remote from services employment opportunities and being unlikely to be well served by public transport is contrary to the key aims of Planning Policy Guidance Note 13 which seeks to reduce growth in the length and number of motorised journeys.

Public participation:

Mr Vines spoke in support of the application

Councillor Ellen Blacker, representing Dauntsey Parish Council, spoke in support of the application

Councillor Toby Sturgis, local member, spoke in support of the application.

The Planning Officer introduced the report, which was recommended for refusal.  She explained that the building was considered to be out of keeping with the original.

Following a debate it was

RESOLVED

To APPROVE for the following reason:

The proposed development by reason of its scale and design represents a suitable conversion in keeping with the character of the accordance with Policy BD6 of the adopted North Wiltshire Local Plan 2011.

And 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 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;

(d) finished levels and contours;

(e) means of enclosure;

(f) car park layouts; and

(g) hard surfacing materials.

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

3.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 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.

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  ...  view the full minutes text for item 7d

Public participation:

Mr Harvey spoke in objection to the application

Mr David Pearce spoke in support of the application

Mr Andrew Jones spoke in support of the application

Mr N Puntis spoke in support of the application

Councillor John Wright, on behalf of Nettleton Parish Council, spoke in support of the application.

Councillor Toby Sturgis, representing the views of Councillor Jane Scott, local member, spoke in support of the application.

The Planning Officer introduced the report which was recommended for approval.  During the debate concerns were raised regarding the parking of the vehicles and it was requested that a condition be added to ensure that vehicles were parked in designated parking spaces only.

It was

RESOLVED

That Planning Permission be GRANTED for the following reason:

The proposed development, by virtue of its location, siting, scale and design, will not harm the character or appearance of the site or its setting within an AONB and open countryside. The proposed expansion’s association with an established business will enable the retention of a locally important business vital to the economic health of the community. The proposal therefore accords with Policies C3, NE4, NE15 and BD5 of the adopted North Wiltshire Local Plan 2011 and PPS 4 (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 amended by the Planning and Compulsory Purchase Act 2004.

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 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.

3.     The vehicle wash shall only be used between the following times:

a.     Monday to Friday                   0800 – 1800

b.     Saturday                                0900 – 1300

c.     Sunday and Bank Holidays     No Use

REASON:  To ensure the retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

4.     No development shall commence on site until a scheme for the discharge of surface water from the  ...  view the full minutes text for item 7e

Public participation:

Mr Simon Crowther spoke in support of the application

Mr Roger Smith spoke in support of the application

Councillor Tonge, local member, spoke in support of the application, subject to a condition making it always ancillary to the main property.

The Planning Officer introduced the report, which was recommended for refusal, and explained that officers felt that as the proposed site was in a green belt and an AONB it was tantamount to a new dwelling in the countryside.

During the debate issues of the size of the development and its independence from the main dwelling were discussed.

It was

RESOLVED

To APPROVE for the following reason:

The proposed development by reason of its scale, design and siting is not considered to detract from the openness of the Green Belt at this location, or the character and appearance of the AONB and would be in keeping with the host dwelling. The development therefore accords with Policies C3, NE1, NE4 and H8 of the adopted 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.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.

3.No development shall commence on site until a sample of slate proposed to be used has been submitted to and approved in writing by the Local Planning Authority.  .

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 additions to, or extensions or enlargements of any building forming part of the development hereby permitted.

REASON: In the interests of the amenity of the Green Belt and to enable the Local Planning Authority to consider individually whether planning permission should be granted for additions, extensions or enlargements.

5.The extension (building) hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as The Coach House

REASON: The additional accommodation is sited in a position where the Local

Planning Authority, having regard to the reasonable standards of residential amenity, access, and planning policies pertaining to the area, would not permit a  ...  view the full minutes text for item 7f

Public participation:

Mrs H Eggleton spoke in objection to the application

Mr S Eggleton spoke in objection to the application

Mr Simon Chambers spoke in support of the application

The Planning Officer introduced the report which was recommended for approval.  Councillor Sturgis, local member, expressed concern that these premises had already had several extensions and also concerns regarding the parking of large vehicles on the road.   During the debate members also raised concerns regarding the noise from reversing fork lift trucks and noise from the generator.  There was also some debate regarding the class of use attached to the premises.

It was therefore

RESOLVED

To DEFER for the following reasons:

1.     To seek the views of highways based on recent information regarding loading and unloading

2.     The enforcement officer to establish the use of the premises and which use class the building comprises to ascertain whether there would be a material change of use due to this extension as well.

Any other items of business which, in the opinion of the Chairman, should be taken as a matter of urgency. 

There were no urgent items