Agenda and minutes

Apologies were received from Councillor Peter Doyle (substituted by Cllr Mollie Groom).

To approve and sign as a correct record the minutes of the meeting held on 22 September 2010. (copy herewith).

Resolved:

To confirm and sign the minutes of the meeting held on 22 September 2010 as a correct record.

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.

Members of the public addressed the Committee as set out in Minute No. 113 below.

On considering a report by the Corporate Director, Neighbourhood & Planning, it was,

Resolved:

To refer the Wiltshire County Council, Rights of Way Modification Order No. 8 2004 (Sheet ST 96 NE), Heddington No. 8, to the Secretary of State for the Environment, Food and Rural Affairs with a recommendation that the Order be modified to record the route as a restricted byway.

An appeals update report is attached for information.

The Committee received and noted a report setting out:-

(i)           details of forthcoming hearings and public enquiries between 13/10/2010 and 31/01/2011,

(ii)         planning appeals received between 09/09/2010 and 01/10/2010, and

(iii)       planning appeals decided between 09/09/2010 and 01/10/2010

To consider and determine planning applications in the attached schedule.

The Committee received a presentation by the Case Officer setting out the main issues in respect of the application, which was recommended for approval, and drawing members’ attention to the late items.

Members of the Committee received statements from members of the public expressing their views regarding this application as follows:

Mrs Brenda Rawlings, immediate neighbour to the site, spoke in opposition to the application.

Mrs Lesley Beynon, the applicant, spoke in support of the application.

On hearing the views of Cllr Jacqui Lay, the local member, who spoke in opposition to the application, the Committee discussed the application with regard to the proposed access works, visual impact of the development and potential effect on immediate highways. After debate relating to the nature and extent of planning conditions to which the recommendation for approval is currently subject, it was,

Resolved:

That the item be deferred to a subsequent Committee meeting, and that the interlude be used by Planning Officers and applicant to address the following aspects of the application:

-          Location of the site gateway and associated hedge works,

-          Orientation of the stable block, and

-          Planning conditions regulating usage of the development.

The Committee received a presentation by the Case Officer setting out the main issues in respect of the application, which was recommended for refusal, and drawing members’ attention to the late items.

On hearing the views of Cllr Jacqui Lay, the local member, who spoke in opposition to the application, the Committee discussed the application with regard to the decision to defer a similar application by the applicant relating to an adjacent site (at item 8a) and as such, it was,

Resolved:

To defer the item to a subsequent Committee meeting, owing to its similarity and nearness in location to the application at item 113a and the need to consider further the planning conditions for the two applications.

The Committee received a presentation on behalf of the Case Officer setting out the main issues in respect of the application, which also sought listed building consent for the works and was recommended for refusal, and drawing attention to the late items.

There were no technical questions.

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

On hearing the views of Cllr Toby Sturgis, local member for the adjoining division, who spoke in support of the application and after discussion by the Committee it was,

Resolved:

That the application be delegated to the Area Development Manager for approval for the following reason:

The proposed extension and internal alterations would preserve the Listed Building and accord with Policies C3, HE4 and PPS5.

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.      The natural 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 interests of visual amenity and the character and appearance of the area.

POLICY-C3 HE4 H8

3.      The slate to be used in the development hereby permitted shall match those of the existing building in terms of their material, colour, texture, profile and pattern of laying.

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

POLICY-C3 HE4 H8

4.      No works shall commence on site until details of all new external window and door joinery and/or metal framed glazing [delete as appropriate] have been submitted to and approved in writing by the local planning authority. The submitted details shall include depth of reveal, details of heads, sills and lintels, elevations at a scale of not less than 1:10 and horizontal/vertical frame sections (including sections through glazing bars) at not less than 1:2.  The works shall be carried out in accordance with the approved details.

Reason: in the interests of preserving the character and appearance of the listed building and its setting.

Policy- C3 HE4

The Committee received a presentation from the Case Officer setting out the main issues in respect of the application, which was recommended for approval, and drawing attention to the late items.

There were no technical questions.

Mr Howard Strawford, on behalf of the applicant, spoke in support of the application.

On hearing the views of Cllr Jane Scott, the local member, who spoke with regard to the traffic implications of the application, if permitted, and after discussion by the Committee it was,

Resolved:

That the application be approved for the following reason:

The proposed permission for an additional Sunday instead of a Saturday is considered to be acceptable in terms of noise and traffic generation and therefore in accordance with policies C3 and NE18 of the 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.                  One month’s notice of the implementation of this permission shall be given in writing to the local planning authority. Following implementation, race meetings shall be held on no more than 9 Saturdays in a calendar year and on no more than 3 Sundays in a calendar year and if there are 3 Sundays on which events are held at least one shall be held following an event on the immediately preceding Saturday.

Reason: In the interests of clarity.

3.                  The public address system shall not be used on the permitted days before 0900 hours (or in the case of the paddock Tannoy 0830 hours) or after 1830 hours and such use shall be limited to the purpose of commentary or announcement on racing and any race practising.

Reason: In the interests of amenity.

4.                  Before the use herby permitted is commenced, details of a scheme for the management of the traffic entering, leaving and circulating within the site shall be agreed with the local planning authority.

Reason: In the interests of highway safety.

5.                  The means of access to the site from the C164 Long Dean – Castle Combe road opposite Westway House shall not be utilised in connection with the use hereby permitted without the prior written agreement of the local planning authority.

Reason: In the interests of highway safety.

6.                  The use hereby permitted shall not take place on consecutive Sundays.

Reason: In the interests of residential amenity.

7.                  The local planning authority shall be notified of all race meetings involving a Sunday, no later than 28 days prior to the meeting.

Reason: In the interests of clarity.

8.                  The use hereby permitted shall not be carried out so as to result in more than two consecutive days of racing.

Reason: In the interests of residential amenity.

9.                  All vehicles or motorcycles should be tested in accordance with the appropriate section of  ...  view the full minutes text for item 113d

The Committee received a presentation from the Case Officer setting out the main issues in respect of the application, which was recommended for refusal, and drawing attention to the late items.

Members of the Committee then asked technical questions after which they received statements from members of the public expressing their views regarding this application as follows:

Mr S Walls spoke in support of the application.

Mr R Fisher, the applicant, spoke in support of the application.

Cllr Owen Gibbs, of Wootton Bassett Town Council, spoke in support of the application.

On hearing the views of Cllr Mollie Groom, the local member, who spoke in support of the application and after discussion by the Committee it was,

Resolved:

That the application be refused for the following reason:

The proposed development is for a new dwelling in the open countryside and is not required in connection with agriculture, forestry and rural based enterprise. The proposal is thus contrary to Policy H4 of the adopted North Wiltshire Local Plan 2011.

It has not been demonstrated that adequate separate parking and turning for both residential and the garage can be provided on the site in order to avoid vehicles reversing the main A3102 resulting in additional hazard and inconvenience to all users of the road, contrary to policy C3 of the North Wiltshire Local Plan 2011.

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 the growth in the length and number of motorised journeys and policy C3 of the North Wiltshire Local Plan 2011.

The Committee received a presentation from the Case Officer setting out the main issues in respect of the application, recommended for approval, and drawing attention to the late items.

Members of the Committee then asked technical questions after which they received statements from members of the public expressing their views regarding this application as follows:

Mr Adrian Dalglish, the agent, spoke in support of the application.

Mr Christopher Evans, on behalf of the applicant, spoke in support of the application.

On hearing the views of Cllr Allison Bucknell, the local member, who spoke impartially on the application and recommended any permission granted be subject to a condition precluding permitted development rights, and after discussion by the Committee it was,

Resolved:

That the application be refused for the following reasons:

1.      The proposed development by reason of its scale and massing is overdevelopment and detrimental to the character and appearance of the area and the street scene contrary to Policies C3 and HE1 of the adopted North Wiltshire Local Plan 2011.

2.      The application fails to make adequate provision for affordable housing as required by Policy H6 'Affordable Housing in Rural Areas' of the North Wiltshire Local Plan 2011 and "Affordable Housing SPD - August 2007". Additionally, Policy CF3 requires developments to provide off-site contributions towards the provision of open space. 

Cllr Anthony Trotman abstained from voting on this item.

The Committee received a presentation from the Case Officer, recommending approval, setting out the main issues in respect of the application for the modification of the Section 106 agreement.

There were no technical questions or public participation.

On hearing the views of Cllr Toby Sturgis, the local member, who spoke generally on the application and after discussion by the Committee it was,

Resolved:

That the decision be delegated to the Area Development Manager (north) to arrange for the legal agreement under S106 of The Act to be modified in accordance with the application.

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.