Agenda and minutes

To receive note of any apologies for absence or substitutions.

Apologies were received from Cllr Mark Packard and Cllr Toby Sturgis.

Cllr Packard was substituted by Cllr Bill Douglas.

Cllr Sturgis was substituted by Cllr Mollie Groom.

To approve and sign as a correct record the minutes of the meeting held on 27 June 2012.

The minutes of the meeting held on 27 June 2012 were presented.

Resolved:

To approve as a correct record and sign the minutes.

To receive any declarations of pecuniary or non-pecuniary interests or dispensations granted by the Standards Committee.

Cllr Peter Doyle declared a non-pecuniary interest in Minute 64a: 12//FUL - Fordswood Miniature Horse Stud, Lower Kingsdown Road, Kingsdown - by virtue of being a member of the Cotswold Conservation Board. He declared he would consider all issues with an open mind on their own merits and would participate in the debate and vote on the item.

To receive any announcements through the Chair.

The Chair reminded all present of the need to turn off or silence any mobile phones and other devices during the meeting.

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 11 July 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.

The Committee noted the contents of the appeals update.

Attention was drawn to the late list of observations provided at the meeting and attached to these minutes, concerning Items 7a and 7b as listed in the Agenda pack.

Public Participation

Mrs Tina Johnston spoke in objection to the application.

Mr David Wilkes spoke in support of the application.

Mrs Charlotte Watkins, agent, spoke in support of the application.

Cllr Alan Clench, Box Parish Council, spoke in objection to the application.

The Planning Officer presented a report which recommended the application be delegated to the Area Development Manager for approval subject to the signing of a Section 106 agreement and conditions listed in the report and late observations.

The main issues were highlighted as the principle of erecting a permanent rural workers’ dwelling in a Green Belt and Area of Outstanding Natural Beauty and subsequent impact upon amenity and landscape character. It was stated to be a significant material consideration that the principle of development regarding the functional need for the dwelling to support to business, and the financial assessment of that business, had been accepted when allowed under appeal. The Council’s Agricultural Adviser had stated a workers’ dwelling was an essential requirement for the equine business, which was profitable and the dwelling acceptable in scale and design.

The Committee then had the opportunity to ask technical questions of officers. Details of the drainage of the site were sought, and it was stated there had been no concerns raised, but that this could be conditioned. In response to queries regarding the Planning Inspector’s comments being in relation to the initial application for temporary permission for a mobile home on site, it was stated that it is standard practice, including under the National Planning Policy Framework, to grant only temporary permission for agricultural and other rural business ventures to test viability before applying for permanent permission.

It was also clarified that though the change to mixed use for the site would include agricultural elements, the equine business was deemed viable on its own, and thus the viability of those additional agricultural elements was not a consideration. It was also stressed that conditions would tie the occupancy of the site to ownership of the equine business

Members of the public then had the opportunity to present their views to the Committee, as detailed above.

The Local Member, Cllr Sheila Parker, then spoke in objection to the application, highlighting concerns over highways, potential subsidence of the hillside after more development and the viability of the business.

A debate followed, where the lack of objection from Highways officers was noted, and there was further discussion regarding whether the viability tests referred to equine or agricultural activities and the consideration that should be given to the previous Planning Inspector report. The Committee also commented on the tying of the dwelling to workers in the equine business for former workers, and this was clarified as relating to permit retirees to continue living on a site they had previously worked on, and that the dwelling would still need to be purchased in conjunction with the business. The Committee further discussed the possibility of requiring a land management plan for the site to address concerns. Members also  ...  view the full minutes text for item 64a

Public Participation

Mr Simon Williams, applicant, spoke in support of the application.

Mrs Charlotte Watkins, agent, spoke in support of the application.

The Planning Officer introduced a report which recommended refusal, highlighting the main issues as the impact upon and intrusion into the countryside, character and appearance of the application and the economic impact of the proposal. It was noted that Highways officers had withdrawn their previous objections to the application as noted in the late observations

The Committee then had the opportunity to ask technical questions of the officers, and raised the changed view of Highways.

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

The Local Member, Cllr Dick Tonge, then spoke in support of the application.

A discussion followed, where the lack of a current building on site meaning the proposal was to be regarded as a new build was discussed. It was clarified there had previously been a structure on the site. The potential benefit of the business compared to the impact of the application was debated, and officers also clarified that the business use was principally commercial rather than agricultural. Other suitable locations for the site and the impact of any business growth on the countryside was also raised.

At the conclusion of debate, it was,

Resolved:

That Planning permission be GRANTED for the following reason:

The proposal is considered to be an appropriate form of development comprising a limited expansion of employment generating uses in the countryside, without detriment to wider amenity, in accordance with the provisions of Policies C3, C4, NE15 and BD5 of the adopted North Wiltshire Local Plan 2011.

Subject to the following conditions:

1. WA1

2. In complete accordance with the submitted details, the business hereby permitted on this site shall operate only between the hours of 08:00hrs and 18:00hrs Monday to Saturday and at no time outside of those houses and days, unless otherwise agreed in the form of a separate planning permission in this regard.

Reason:  For the avoidance of doubt and so as to avoid and so as to ensure the business does not become a source of unreasonable disturbance to nearby residential occupiers.

3. WM13

Location Plan 1:2500

Site Plan as proposed 01

Proposed building elevations 1

Proposed building plan 2

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.