Agenda and minutes

To receive any apologies for absence.

Apologies were received from Cllrs Howard Marshall, Peter Colmer and Peter Doyle.

To approve and sign as a correct record the minutes of the meeting held on 14 March 2012.

The minutes of the meeting held on 14 March 2012 were presented. It was,

Resolved:

To approve the minutes as a true and correct record.

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

There were no declarations.

To receive any announcements through the Chair.

The Chairman drew attention to the feedback forms for members of the public and invited them to complete them if they should wish to.

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 no later than 5pm on Wednesday 28^th March 2012.Please contact the officer named on the front 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.

The committee noted the rules on public participation.

An appeals update report is attached for information.

Details of prior and forthcoming Planning appeals were presented to the Committee. It was,

Resolved:

To note the contents of the appeals update.

Public Participation

Mrs Alice Hart spoke in objection to the proposal.

Mr Graham Bates spoke in objection to the proposal.

Mrs Mary Wall spoke in objection to the proposal.

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

Cllr Geoff Greenaway, Purton Parish Council, spoke in objection to the proposal.

The Planning Officer presented a report which recommended that planning permission be delegated to the Area Development manager subject to conditions and subject to the creation of a legal agreement under S.106 of the Town and County Planning Act 1990.

Attention was also drawn to the late observations provided at the meeting and attached to these minutes, and issues of access to the private lane, housing density and drainage were highlighted.

Members of the Committee then had the opportunity to ask technical questions of officers. It was clarified that the small nature of the development precluded it from facing restrictions on meeting targets for affordable housing. The length of the access road to the development, number of overtaking areas, and material consideration status of the Wiltshire Core Strategy Draft DPD was also clarified.

Members of the public then had the opportunity to address the Committee on the application, as detailed above.

The Local Member, Cllr Jacqui Lay, then spoke in objection to the application.

A debate followed where the issue of refuse vehicles accessing the road was discussed, the importance of signage and visibility, which was confirmed to be within national standards. The future maintenance of the improved access and pedestrian provision here possible was also raised.

After discussion, it was,

Resolved:

-       Subject to the applicant entering into a legal agreement under S.106 of the Town and Country Planning Act 1990 in respect of the provision of a financial contribution towards public open space, as required by policy CF3 of the adopted North Wiltshire Local Plan 2011, and contribution of provision of bin and recycling provision  and the maintenance of  visibility splays at entrance to Battlewell, it is recommended that planning permission be GRANTED for the following reason:

The scale and layout of the proposal is considered to be acceptable in the context of the surrounding area and the proposal is not considered to result in an unacceptable impact upon the residential amenity of surrounding properties.  Sufficient car parking and manoeuvring space is provided within the site and the proposed development would not be detrimental to highway or pedestrian safety. The proposed development would not have a detrimental impact on archaeology and it would not be subject to an unacceptable risk of flooding or materially increase the risk of flooding elsewhere.  In this way the proposed development is considered to comply with the provisions of policies C3, HE5, H3 and CF3 of the adopted North Wiltshire Local Plan 2011 and the guidance contained within Planning Policy Statement 3: Housing and Planning Policy Statement 25: Development and Flood Risk.

Subject to the following conditions:

1.    The development hereby permitted shall be begun before the expiration of three years  ...  view the full minutes text for item 24a

Public Participation

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

The Planning Officer presented a report which recommended refusal, highlighting the conservation area status and lack of necessity for the creation of such an impactful access.

Members of the Committee then had the opportunity to ask technical questions of the officers.

Members of the public then had the opportunity to address the Committee, as detailed above.

The Local Member, Cllr Jane Scott, then spoke in support of the application.

A discussion followed where the inadequacy of the current access was raised, along with the lack of detraction from the character of the conservation area in light of the limited visibility and safety considerations around the current access.

After debate, it was,

Resolved:

That planning permission be GRANTED for the following reason:

The proposed new driveway would be not be harmful to the natural beauty of the area of outstanding natural beauty and would enhance the character or appearance of the conservation area, in accordance with policies C3, NE4, NE15 and HE1 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. 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) hard surfacing materials;

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

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.  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  ...  view the full minutes text for item 24b