Agenda and minutes

An apology for absence was received from Cllr Peter Doyle.

To confirm and sign as a correct record the minutes of the meeting held on 9 June 2010.

Resolved:

To confirm and sign the minutes of the meeting held on 9 June 2010 as a correct record, subject to the following amendment:-

Minute No. 65 (1d) - 0/01545/FUL - 4 Church Row, Biddestone, Chippenham - Two Storey Side & Rear Extensions (revision to 09/02266/FUL) - Electoral Division By Brook

Resolution to be amended as follows:-

Resolved:

To refuse planning permission for the following reason:-

The scale, size and form of the development fails to respect the character of the traditional cottage and therefore does not harmonise with the host dwelling, or the surrounding buildings contrary to policies C3 and H8 of the North Wiltshire Local Plan 2011.  The proposal has a severe impact on the area and fails to preserve the character and appearance of the Biddestone Conservation Area contrary to policies NE4 and HE1 of the North Wiltshire Local Plan 2011.

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

There were no declarations of interest.

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.

A member of the public addressed the Committee as set out in Minute No 71 below.

An appeals update report is attached for information.

The Committee received a report setting out:-

(i)         details of hearings and public inquiries scheduled to be heard between 30 June and 31 December 2010.

(ii)        planning appeal decisions received between 27 May and 17 June 2010.

To consider and determine planning applications in the attached schedule.

The Committee received a presentation by the Area Development Manager which set out the main issues in respect of the application.

Members of the Committee then asked technical questions after which they received a statement from Mr Benjamin Pearce, the agent, in support of the application.

Cllr Judy Rooke, the local Member, expressed her concern about the design, density and proximity to Rowden Down Cottage. She also conveyed the concerns of residents about the pedestrian access into Timbrells Place and stated that in these circumstances she could not support the application.

It was noted that a letter had now been received from Chippenham Town Council recommending that the application be refused due to the loss of amenity to Rowden Down Cottage, the proposed development at one point being only 2.5m away.  

During the subsequent discussion Members of the Committee considered the views expressed and

Resolved:-

To delegate to the Area Development Manager to approve the application, subject to the securing of a an Agreement under Section 106 of the Town & Country Planning Act 1990 for the provision of a financial contribution towards public open space, in accordance with Policy C3 and CF3 of the adopted North Wiltshire Local Plan and 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 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;

(g) other vehicle and pedestrian access and circulation areas;

(h) hard surfacing materials;

(i) minor artefacts and structures (e.g. furniture, play equipment, refuse and other storage units, signs, lighting etc);

(j) proposed and existing functional services above and below ground (e.g. drainage, power, communications, cables, pipelines etc indicating lines, manholes, supports etc);

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

POLICY: C3  ...  view the full minutes text for item 73a

The Committee received a presentation by the Area Development Manager which set out the main issues in respect of the application after which Members of the Committee asked technical questions.

On hearing the views of Cllr Carole Soden, the local Member and after discussion,

Resolved:

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

1.      The submission of a satisfactory survey in respect of bats and, if necessary, a mitigation strategy demonstrating how the bats will be safeguarded and accommodated throughout both the construction and operational phases of the development.

2.       Seeking advice on the requirement for a contribution towards Public Open Space and if necessary securing such a contribution through a legal agreement.

3.      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 the development hereby permitted, details of materials to be used externally shall be submitted to, and approved in writing by, the local planning authority. The development shall be built in the materials approved.

Reason: In the interests of visual amenity.

(3) Prior to the commencement of the development hereby permitted, details of all new external joinery shall be 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 1:5. 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.

(4)  Prior to the residential use or occupation of any part of buildings 3 or 4 all external joinery shall be painted in a finish to be submitted to, and approved in writing by, the local planning authority. Thereafter the approved painted finish shall be retained unless otherwise agreed in writing by the local planning authority.

Reason: In the interests of the character and appearance of the area.

(5)  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification) there shall be no extension or external alteration to buildings 1, 3, 4, 5 or 6.

Reason: In order to safeguard the amenity of the area by enabling the local planning authority to consider individually whether planning permission should be granted for extensions and external alterations.

(6)  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification) no garages, sheds or other ancillary domestic outbuildings shall be erected within  ...  view the full minutes text for item 73b

The Committee received a presentation by the Area Development Manager which set out the main issues in respect of the application during which he explained that the objections that had been raised concerning this application had now been resolved. 

Resolved:

To delegate to the Area Development Manager to grant listed building consent following the expiry of the notification period, subject to the following conditions:-

(1) 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 provisions of Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

(2) No works shall commence until details of the following matters (in respect of which approval is expressly reserved) have been submitted to, and approved in writing by, the local planning authority:

(i)  Full details of proposed method of fixing signage to masonry and railings.

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

Item 1 shall be completed prior to the use or occupation of the works.

REASON:  In the interests of the listed building.

INFORMATIVE

1. This decision relates to documents/plans submitted with the application, listed below. No variation from the approved documents should be made without the prior approval of this Council. Amendments may require the submission of a further application.  Failure to comply with this advice may lead to enforcement action which may require alterations and/or demolition of any unauthorised buildings or structures and may also lead to prosecution.

Plan References

A4 details of Sign 3 and Sign 4, A3 plans showing position of proposed signs, and site location plan received on 21/04/10: A4 details of Signs 1 and 2, and revised elevation drawings showing position of proposed signs received on 15/06/10

Reason for Decision

The proposed alterations preserve the special historic interest of the listed building in accordance with the Planning (Listed Buildings and Conservation Areas) Act 1990 and central government guidance PPS5.

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.