Agenda and minutes

An apology for absence was received from Cllr Bill Douglas, who was substituted by Cllr Mark Packard.

To approve and sign as a correct record the minutes of the meeting held on 16 February 2011. (copy attached)

Resolved:

To confirm and sign the Minutes of the meeting held on 16 February 2011.

There were no declarations of interest.

The Chairman reported that the following item had been withdrawn from the agenda in order that a discrepancy regarding whether the site was connected to the mains sewer could be clarified with Thames Water:-

Item No 7.f – 10/03993/FUL - Roundhouse Farm Outbuildings, Marston Meysey, SN6 6LL – Change of Use to Storage and Distribution.

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 (acting on behalf of the Director of Resources) no later than 5pm on (4 clear working days, e.g. Wednesday of week before for a Wednesday meeting). Please contact the officer named on the first page 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.

Members of the public addressed the Committee as set out in Minute No 23 below.

There were no questions received from members of the public or members of the Council.

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 28 February & 31 May 2011.

(ii)          Planning appeals received between 3 & 24 February 2011.

(iii)         Planning appeals decided between 3 & 24 February 2011.

The following people spoke against the proposal:

Mr David Lymath, a local resident

Mr Wren, representing Save Calne Marsh Group

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 that the planning application be granted subject to conditions. She also 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 the planning application.

After discussion,

Resolved:

To grant planning permission for the following reason:-

The reserved matters of appearance, layout, scale and landscaping accords with the outline permission granted under 08/02438OUT and would not result in the detrimental impact on any residential amenities, landscape, ecology or highways.  The proposal thus accords with Policies C2, C3 and NE15 of the adopted North Wiltshire Local Plan 2011.

Subject to the following conditions:

1. Prior to the commencement of the development of Plots 38-285 (inclusive), details of the following matters (in respect of which approval is expressly reserved) shall be submitted to, and approved in writing by, the local planning authority:

(1)  finished floor levels of all buildings;

(2)  finished levels across the site;

Where the development permitted is to be carried out in a phased manner, the development of each phase shall not start until details of the matters listed above have been submitted to and approved in writing by the local planning authority insofar as they relate to that phase.

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

POLICY – C3 NE15

 2. Prior to the commencement of development a tree and hedgerow protection plan in line with the requirements of BS 5837:2005 – “Trees in relation to construction – Recommendations” should be submitted to and approved in writing by the LPA. The approved method and line of protective fencing should be erected around the approved Root Protection/Construction Exclusion areas before any construction operations are commenced on site. The plan should consider likely requirements for temporary access, compounds and storage areas etc.

This fencing shall be maintained until all equipment, machinery and surplus materials have been removed from the site.  Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the prior written consent of the Local Planning Authority.

REASON: Necessary for protection of existing retained landscape features during course of construction phases.

POLICY – C3

3. Prior to the occupation of the 1^st dwelling hereby permitted, details of the following matters (in respect of which approval is expressly reserved) shall be submitted to, and approved in writing by, the local planning authority:

(1) details of the play equipment to be installed on the "LEAP" in the position indicated on the drawing number PL-01 Revision Z.

The  ...  view the full minutes text for item 23a

The following people spoke against the proposal:

Mrs Delia Myall, a local resident

Mr Ian Dobie, a local resident

Mr Mark Willis, consultant

The following people spoke in favour of the proposal:

Mr David Pearce, planning consultant

Mr Peter Goodenough, a local resident

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 that the planning application be granted subject to conditions. He also 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 the planning application.

After discussion,

Resolved:

To grant planning permission for the following reason:-

The proposed building is a typical modern agricultural storage building, providing space for hay/produce, machinery and a small office.  The site is located in open countryside, adjacent to existing, smaller, agricultural buildings and a series of traditional listed buildings. The building will undoubtedly be visible in the landscape from public and private vantage points.  However, given that the building is considered to be reasonably necessary for the needs of the holding any adverse impact is considered to be outweighed by the needs of the agricultural holding.  The proposal is considered to com[ply with the requirement of policies C3 (Development Control  Policy); NE15 (Landscape character) HE4 (development affect ting the setting of a listed building) of the North Wiltshire Local Plan 2011 and the policies contained in PPS7 and PPS5.

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 further development shall commence on site until a scheme of soft landscaping (planting) has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include 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;

REASON: To ensure a satisfactory landscaped setting for the development.

POLICY C3 and NE15

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.  ...  view the full minutes text for item 23b

The following people spoke against the proposal:

Mr Tony Doyle, planning consultant

Ms Jacqui Ellis, a local resident

Mr Mark Latham, a local resident

The following people spoke in favour of the proposal:

Mrs Wendy Woods, the applicant

Mr Charles Manning, architect

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  He introduced the report which recommended that the planning application be granted 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 the planning application.

On hearing the views of Cllr Paul Darby, the local member, who spoke in support of the application, on noting the objections of Chippenham Town Council and after discussion,

Resolved:

To refuse planning permission for the following reason:

The proposed development by reason of its scale and siting would result in the loss of an open gateway feature to the existing development out of keeping with the distinctiveness and character and appearance of the area contrary to Policy C3 of the adopted North Wiltshire Local Plan 2011.

The following person spoke against the proposal:

Mr Paul Hobbs, neighbour

The following person spoke in favour of the proposal:

Mr Benjamin Pearce, planning consultant

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 that the planning application be granted 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 the planning application.

On hearing the views of Cllr Howard Greenman, the local member, and after discussion,

Resolved:

To grant planning permission for the following reason:

The proposed development by reason of its scale and use would not have a harmful effect on the visual qualities and rural character of the surrounding area.  The proposal would not result in any undue harm to highway safety.  Accordingly, the proposed development is considered to comply with Policies C3 and NE15 of the North Wiltshire Local Plan 2011 and Policy RLT10 of the adopted Wiltshire and Swindon Structure Plan 2016.

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;

(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, NE15

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,  ...  view the full minutes text for item 23d

The following people spoke in favour of the proposal:

Mr Nick Elkins, architect

Mr Robert Giles, a local resident

Dr Maurice Dixon, Chairman of Kington Langley Parish Council

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 that the planning application be refused.

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 the planning application.

On hearing the views of Cllr Howard Greenman, the local member, in support of the application and after discussion,

Resolved:

To refuse planning permission for the following reasons:

1. The proposal makes no provision for affordable housing as required by policy H6 of the North Wiltshire Local Plan 2011 and the Council's Revised Affordable Housing Supplementary Planning Document (Adopted April 2008) and where no acceptable financial justification has been made to make a departure from the policy and where the Council has demonstrated a need for such housing.

2. The proposal does not include any public open space provision or financial contribution, contrary to Policy CF3 of the North Wiltshire Local Plan (2011).

INFORMATIVE

1. This decision relates to documents/plans submitted with the application, listed below.

Plan Numbers

Site Location Plan

333/1; 333/2; 333/3; 333/4; 333/5

All Dated 17/12/10

It was noted that this item had been withdrawn from the agenda in order that a discrepancy regarding whether the site was connected to the mains sewer could be clarified with Thames Water.

The following people spoke in favour of the proposal:

Mr Viv Vines, agent

Cllr Mrs Ellen Blacker, Vice-Chairman of Dauntsey Parish Council

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  He introduced the report which recommended that the planning application be refused.

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 the planning application.

Cllr Peter Hutton proposed and Cllr Alan Hill seconded a Motion that planning permission be refused.  On the taking of a vote the Motion was lost.

After further discussion, Cllr Peter Davis proposed and the Chairman seconded the following motion:-

“Subject to the agreement of the Secretary of State, to whom the application would need to be referred as a departure from the North Wiltshire Local Plan 2011, to grant planning permission for the following reason and subject to conditions to be provided by the Area Development Manager:-

The application accords with PPS7: Sustainable Development in Rural Areas which states that very occasionally the exceptional quality and innovative nature of the design of the proposed, isolated new house proposed may provide this special justification for granting planning permission.  Such design should be truly outstanding and ground breaking…”

The Committee agreed to a recorded vote which was as follows:-

Those in favour of the Motion

Cllr Peter Davis, Cllr Howard Marshall, Cllr Toby Sturgis, Cllr Tony Trotman.

Those against the Motion

Cllr Peter Colmer, Cllr Christine Crisp, Cllr Peter Doyle, Cllr Alan Hill, Cllr Peter Hutton, Cllr Mark Packard.

Thus this motion was lost.

As a consequence of the votes on the motions being in conflict with each other and accordingly no resolution having been made, a motion of return to officer recommendation to refuse was proposed by Cllr Peter Colmer and seconded by Cllr Peter Doyle.

Thereupon after further discussion, it was

Resolved:

To refuse planning permission for the following reason:-

The proposed development is a new dwelling in the open countryside with no special justification.  As such, the development is contrary to well established planning policy at the national and local level, notably PPS7, PPG13 as well as Policy H4 of the adopted North Wiltshire Local Plan 2011.

Informative

1.  This decision relates to documents/plans submitted with the application, listed below.

Existing access drawing 1:100

Proposed access drawing 1:100

2008-39-6

2008-39-7

2008-39-8

All dated 24^th January 2011

The following person spoke in support of the proposal:

Mr Simon Chambers, 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 that the planning application and listed building consent both be refused. He also 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 the planning application.

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

Resolved:

(1)          To delegate authority to the Area Development Manager to grant planning permission, subject to conditions, for the following reason:-

The proposed conversion and associated works by reason of its scale, design and siting is considered to be a suitable re-use of this rural building and would not detrimental impact upon a cartilage listed building.  The proposal thus accords with Policies HE4 and BD6 of the adopted North Wiltshire Local Plan and PPS5.

(2)          To approve Listed Building Consent.

There were no urgent items.