Agenda and minutes

An apology for absence was received from Cllr Bill Brown who was being substituted by Cllr Simon Killane.

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

Resolved:

To confirm and sign the minutes of the meeting held on 7 April 2010.

To receive any declarations of personal or prejudicial interests or dispensations granted by the Standards Committee.

Cllr Howard Marshall reported that he was a member of Calne Town Council and had been present at the meeting at which the following planning applications had been considered:-

 Application No N/09/01791/FUL – Long Barrow Road, Calne – Residential Development comprising 29 Units. 

Application No N/10/00340/FUL – Land at the end of Tern Close, Calne – Proposed Detached House, Detached Garage, Access and Fencing.

He reported that he had not yet decided whether to support or oppose these applications and would come to a decision after hearing the debate.  

There were no Chairman’s Announcements.

Members of the public who wish to speak either in favour or against an application 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. 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 for Members of Wiltshire Council available on request.

Members of the public addressed the Committee as set out in Minutes Nos 47 and 49 below.

A report by the Service Director, Neighbourhood Services is attached.

On considering a report by the Service Director, Neighbourhood Services,

Resolved:

To submit to the Secretary of State for the Environment, Food and Rural Affairs for determination the Order made under Section 119 of the Highways Act 1980, providing for the diversion of a section of Bridleway 17 Latton, as shown on Appendix A to the report,  with the recommendation that  the Order be confirmed as made.

A report by the Service Director Neighbourhood Services is attached.

The Committee received a presentation by the Public Rights of Way Manager which set out the main issues in respect of the proposal. 

The Committee then received statements from the following members of the public expressing their views regarding this planning application:

The following peoplespoke against the proposal

Mr Mark Stanton, occupier of Vowley Farm.

The following people spoke in favour of the proposal

Mr Peter Hewitt-Dean, occupier of Vowley Farmhouse.

On considering a report by the Service Director, Neighbourhood Services and on hearing the views of local Members Cllr Peter Doyle and Cllr Mollie Groom, as reported,

Resolved:

To submit to the Secretary of State for the Environment, Food and Rural Affairs for determination the Orders made under Section 119 of the Highways Act 1980, providing for the diversion of sections of Bridleways 26 Wootton Bassett, 22 Broad Town and 46 Lydiard Tregoze, as shown on Appendix D to the report,  with the recommendation that  the Orders be confirmed subject to the conditions set out in paragraph 15 of the report.

An appeals update report is attached for information.

The Committee received a report setting out a schedule of:-

(i)         forthcoming hearings and public inquiries scheduled to be heard 28 April and 31 December 2010.

(ii)        planning appeal decisions decided between 25 March and 14 April 2010.

Resolved:

To note the contents of the report.

To consider and determine the following planning applications:-

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application. 

The Committee then received statements from the following members of the public expressing their views regarding this planning application:

The following peoplespoke against the proposal

Ms Jenny Willis, a local resident

Mr David Short, a local resident

Cllr Carolyn Ramsey, Chairman of Planning Committee, Calne Town Council

The following people spoke in favour of the proposal

Mr Vic O’Brien, Group Director of Development, Green Square Group

Ms Shirley Davies, Head of Neighbourhood Services, Quattro Design Architects

Dr Janet O’Brien, Head of New Housing, Wiltshire Council

The Committee was informed that:

(a)       23 additional letters of objection had been received in response to amended plans, all making it clear that the amended plans did not fundamentally alter the scheme and therefore did not alter the objections previously raised.

(b)       a communication had been received from Calne Town Council advising that its members had noted the amendments but considered that these had no bearing on the Town Council’s original objections.

(c)        Wiltshire Council Highways had confirmed verbally that there were no fundamental objections to the revised plans, although the relationship of the footway with parking spaces serving units 4-9 did require some small alterations.

The Committee then considered the detail of the report and the views of Cllr Howard Marshall who considered that the proposal, which was mainly for two storey buildings, was out of keeping with the estate.  He reported that the local residents were against the level of social housing being proposed and he considered that Calne had exceeded its declared need for social housing. 

After discussion,

Resolved:   To refuse planning permission for the following reasons:-

(1) The proposed development fails to respect the character and distinctiveness of the surrounding area with regard to the design, size and scale of the development.  As such, the proposal is contrary to the provisions of Policy C3 of the adopted North Wiltshire Local Plan 2011 and national planning guidance contained in PPS3: Housing.

(2)    In the context of the character of the surrounding Curzon Park housing estate, the proposed development would fail to provide a mix of housing and would fail to create a sustainable, inclusive and mixed community as is required by national planning guidance contained in PPS3: Housing 2006 and would be contrary to the provisions of Policy H5 of the adopted North Wiltshire Local Plan 2011.

(3)    The proposal fails to provide a scheme for the provision of an adequate level of public open space and therefore fails the requirements of Policy CF3 of adopted North Wiltshire Local Plan 2011.

(4)    The proposed development does not make any provisions for securing affordable housing on the site or financial contributions towards education provision in the locality or the on-going provision and maintenance of open space on the site. The application is therefore contrary to Policies C2, H5 and CF3 of the North Wiltshire Local Plan 2011 and the North  ...  view the full minutes text for item 49a

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application. 

The Committee then received a statement from Mr Matthew Green, agent, in support of the application.

On considering the report and on hearing the views of Cllr Peter Colmer, as local Member,

Resolved:

To delegate to the Area Development Manager the issuing of planning permission, subject to the expiration of the consultation period and no new substantive issues being raised and to the following conditions:-

(1)   The use hereby permitted shall be for a limited period being the period 2 years from the date of this decision. At the end of this period the use hereby permitted shall cease, all materials and equipment brought on to the premises in connection with the use shall be removed, and the land restored to its former condition, or such condition as may be authorised by any other extant planning permission.

Reason: The provision of potential sites are being considered in the emerging Gypsy and Traveller Site Allocations DPD.  A permanent permission in advance of this process would be premature and a temporary permission in this instance would accord with advice contained in Circular 01/2006 “Planning for Gypsy and Traveller Caravan Sites”.

(2)    Within 3 months of this permission, a flood evacuation plan shall be submitted to and approved in writing by the Local Planning Authority in conjunction with other relevant bodies.

Reason: In order to ensure a safe, dry access to and from the development in the event of flooding.

(3)    Within three 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.

(4)    Within three 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 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) painted finish to close boarded fence atop the bund.

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

POLICY C3 NE15 H9

(5) All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season prior to the completion of the 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,  ...  view the full minutes text for item 49b

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application. 

The Committee then received statements from the following members of the public expressing their views regarding this planning application:

The following peoplespoke against the proposal

Ms Alex Hamilton Burnett, a local resident

Mr Scott Fleming, Chairman, Maltings Mill Management Company

The following people spoke in favour of the proposal

Mr Michael Kemp, applicant

On considering the detail of the report and the views of Cllr Simon Killane, as local Member,

Resolved:   To grant planning permission subject to the following condition:-

(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.

REASON

It is considered that the proposal is acceptable in terms of size scale and design and that there will be no significant adverse impact on the amenities of the adjacent properties. The application preserves the character and appearance of the Malmesbury Conservation Area and is therefore considered to be in accordance with Policies C3, HE1 and H8 of the North Wiltshire Local Plan 2011

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application. 

On considering the detail of the report and the views of Cllr Alan Hill, as a local Member,

Resolved:   To grant planning permission subject to the following condition:-

(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.

REASON

It is considered that the proposal is acceptable in terms of size scale and design and that there will be no significant adverse impact on the host dwelling or the amenities currently enjoyed by the neighbouring residents. The proposal is considered to be in accordance with Policies C3 and H8 of the North Wiltshire Local Plan 2011.

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application. 

The Committee also received a statement from Mr Paul Wheal, a local resident, objecting to the application.

The Committee then considered the detail of the report and the views of Cllr Howard Marshall, as local Member, who objected to the proposal on account of its size, scale and design.

After further discussion,

Resolved:

To invite the applicant to enter into an Agreement in respect of Public Open Space contributions, following completion of which to authorise the Development Control Manager to grant planning permission, 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

(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 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 and other works;

(d) hard surfacing materials;

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

POLICY C3

(4)  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.

POLICY-[C3]

(5)  ...  view the full minutes text for item 49e

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application. 

The Committee also received a statement from Mr David Pearce, the agent, in support of the application.

The Committee then considered the detail of the report and the views of Cllr Dick Tonge, the local Member, in support of the application.

Members considered that the proposal was modest in size and well screened from neighbouring properties.

After further discussion,

RESOLVED:

To grant planning permission, subject to the following condition:-

(1)       Within one month of this decision details of all new external joinery have been submitted to, and approved in writing by, the local planning authority.  These details shall include depth of reveal, materials and full drawings including both horizontal and vertical sections, to a scale of not less than 1:10.  The development/works shall be completed in accordance with the approved details and at no time shall the approved joinery be altered without the prior written approval of the local planning authority.

Reason:  To enable the local planning authority to be satisfied with the completed appearance of the development.

REASON

The proposed development by reason of its scale, design and siting would be in keeping with the host dwelling and preserve the character and appearance of the Conservation Area in accordance with Policies C3, HE1 and H8 of the adopted North Wiltshire Local Plan 2011.

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.