Agenda and minutes

Apologies for absence were received from Cllr Peter Davis, Cllr Bill Douglas (who was substituted by Cllr Simon Killane), Cllr Peter Doyle and Cllr Anthony Trotman.

To approve and sign as a correct record the minutes of the meeting held on 24 November 2010 (copy herewith).

Resolved:

To confirm and sign the Minutes of the meeting held on 24 November 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. 138  below.

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 2 December 2010 and 28 February 2011.

(ii)               planning appeals received between 11 November and 2 December 2010.

(iii)       planning appeals decided between 11 November and 2 December 2010.     

To consider and determine planning applications in the attached schedule.

The following people spoke against the proposal:

Mr Rhys Dudding, a neighbour

Mr Ian MacGurk, a local resident

Cllr Graham Thorne, Chairman of Minety Parish Council

The following person spoke in favour of the proposal:

Mr David Neame, applicant’s agent

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  She introduced the report, which recommended approval subject to conditions and drew Members’ attention to the late items.

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

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

Resolved:

To grant planning permission for the following reason:

The appearance, layout and scale of the development is considered to be acceptable in this location in Minety, and as such is considered to be in accordance with Policies C2, C3, H3 and H6 of the adopted North Wiltshire Local Plan 2011.

Subject to:-

the completion of a legal agreement under section 106 of the Act in respect of delivering an appropriate affordable housing contribution, including a requirement to provide a minimum of one affordable property or an off site contribution and up to the maximum that is required by Policy C2 and H6 of the Local Plan, and

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 development hereby permitted shall be carried out strictly in accordance with the approved plans subject to such minor amendments to the development as may be approved in writing under this condition by the local planning authority.

Reason: To ensure that the development is implemented in accordance with this decision in the interests of public amenity, but also to allow for the approval of minor variations which do not materially affect the permission.

3.  No development shall commence until details of the proposed and existing levels across the site (including details of the finished floor levels of all buildings hereby permitted) have been submitted to, and approved in writing by, the local planning authority.  The development shall be carried out in accordance with the details so approved.

Reason:  To ensure a satisfactory layout in the interests of the amenity of the area.

4.  No development shall commence until details/samples of materials to be used externally have been 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.

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  ...  view the full minutes text for item 138a

The following person spoke in favour of the proposal:

Mr Ian Maslin, applicant’s agent

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  She introduced the report, which recommended refusal and drew Members’ attention to the late items.

Members of the Committee then had the opportunity to ask technical questions, after which the Committee received a statement from a member of the public as detailed above, expressing his views regarding this planning application.

On hearing the views of Cllr John Thomson, the local Member and after discussion,

Resolved:

To defer determination of the application to allow the submission of outstanding information including:  condition and structural survey; fire and sound protection details (vertical and horizontal); ecological studies and further negotiation on the legal agreement to secure contributions to affordable housing, education and public open space and potentially an ecological and landscape management plan for the site.

The following person spoke in favour of the proposal:

Mr Edward Drew, applicant’s agent

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  She introduced the report, which recommended approval subject to conditions and drew Members’ attention to the late items.

Members of the Committee then had the opportunity to ask technical questions, after which the Committee received a statement from a member of the public as detailed above, expressing his views regarding this planning application.

On hearing the views of Cllr Sheila Parker, an adjoining local Member, who spoke on behalf of Cllr Dick Tonge, the local Member and after discussion,

Resolved:

To grant planning permission for the following reason:

The proposal for an agricultural workers dwelling has been justified within the guidelines as set out in PPS7 and as such is not considered as inappropriate development within the green belt. The dwelling would be located in an area which is well related to the farming enterprise and where the new building could be designed to sit relatively unobtrusively within the landscape.  It is considered that the proposal meets the criteria as set out in policies NE1, NE4, NE5, NE6, H4 and C3.

and subject to the following conditions:-

1.      The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

REASON:  To comply with the provisions of Section 92 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 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:

(a)      The scale of the development;

(b)      The layout of the development;

(c)      The external appearance of the development;

(d)      The landscaping of the site;

(e)      The means of access to the site.

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

REASON:  The application was made for outline planning permission and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act 1990 and Article 3(1) of the Town and Country Planning (General Development Procedure) Order 1995.

3.      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.

Plan; Location plan scale 1:2500, dated 3^rd August 2010.

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

4.      The occupation of the dwelling shall be limited to a person solely or mainly working, or last working, in the locality in agriculture or in forestry,  ...  view the full minutes text for item 138c

The following person spoke against the proposal:

Mr Roger Baker, a local resident

The following person spoke in favour of the proposal:

Mr David Pearce, applicant’s agent

The Committee received a presentation by the Area Development Manager which set out the main issues in respect of the application.  He introduced the report, which recommended approval subject to conditions.

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

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

Resolved:

To grant planning permission for the following reason:-

In the context of the existence of a previous planning permission, it is considered reasonable to grant planning permission for this agricultural worker’s dwelling as it would comply with the provisions of Policies C3, H6 and NE15 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 Section 91 of the Town and Country Planning Act 1990.

2.         The occupation of the dwelling hereby permitted shall be limited to a person solely or mainly working, or last working, in the locality in agriculture (as defined in Section 336(1) of the Town and Country Planning Act 1990 or in any provision equivalent to that Act in any statutory instrument revoking and re-enacting that Act with or without modification), or in forestry, or a widow or widower of such a person, and to any resident dependants.

Reason:  The site is in an area where residential development for purposes other than the essential needs of agriculture, or forestry, is not normally permitted.

3.         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.

4.         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 any building forming part of the development hereby permitted.

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 and so as to ensure the dwelling remains at a size commensurate to the functional requirement of the holding.

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), other than the garage shown on the approved plans, no other garages, sheds or other ancillary domestic outbuildings shall be erected anywhere on the site edged in red on the approved  ...  view the full minutes text for item 138d

The following people spoke in favour of the proposal:

Mr Omar Malik, applicant

Mr David Stirling, applicant’s agent

Cllr Graham Thorne, Chairman of Minety Parish Council

The Committee received a presentation by the Area Development Manager which set out the main issues in respect of the application.  He introduced the report, which recommended approval subject to conditions and drew Members’ attention to the late items.

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

On hearing the views of Cllr Carole Soden, the local Member who spoke in favour of the application and after discussion, Cllr Peter Hutton proposed and Cllr Toby Sturgis seconded that planning permission be granted subject to conditions.  On the taking of a vote the Motion was lost, two members voting in favour of the Motion, four Members voting against the Motion and one Member abstaining.

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.