Agenda and minutes

Northern Area Planning Committee - Wednesday 19 September 2012 6.00 pm

Venue: Council Chamber - Council Offices, Monkton Park, Chippenham

Contact: Kirsty Butcher 

Items
No. Item

82.

Apologies

To receive any apologies for absence.

Minutes:

Apologies were received from Councillors Colmer and Crisp.

 

Cllr Colmer was substituted by Cllr Berry.

Cllr Crisp was substituted by Cllr Groom.

83.

Minutes of the previous Meeting

To approve and sign as a correct record the minutes of the meeting held on 29 August 2012 .

Supporting documents:

Minutes:

The minutes of the meeting held on 29 August 2012 were presented.

 

Resolved:

 

To approve as a true and correct record and sign the minutes.

 

84.

Declarations of Interest

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

Minutes:

Cllr Hill declared an interest in agenda item no. 7a as a member of the Calne Town Council Development and Planning Committee. He declared he would participate in the debate and vote with an open mind.

85.

Chairman's Announcements

To receive any announcements through the Chair.

Minutes:

The Chairman drew attention to the late observations available.

86.

Public Participation and Councillors' Questions

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 12 September 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.

Minutes:

The Committee noted the rules on public participation.

 

87.

Planning Appeals

An appeals update report is attached for information.

Supporting documents:

Minutes:

The Committee noted the contents of the appeals update.

 

The Chairman informed the Committee of two applications in Calne that had been allowed on appeal against the officer decision. These were Whitehorse Way for 154 houses and The Hills, Oxford Road for 200 houses. These were not considered to be outside the boundary.

88.

Planning Applications

To consider and determine planning applications in the attached schedule.

Supporting documents:

Minutes:

Attention was drawn to the late list of observations provided at the meeting and attached to these minutes, in respect of applications 7a and 7d as listed in the agenda pack.

88a

11/03934/REM - Land at Station Road, Calne SN11 0JS

Supporting documents:

Minutes:

Public Participation

 

Mr Duncan Young spoke in objection to the application.

 

The Planning Officer introduced the report which recommended that the application be delegated to the Area Development Manager for planning permission to be granted subject to satisfactory outstanding consultation responses from internal consultees and subject to conditions.

 

It was explained that the outline consent had been granted in 2005, and this application was to decide the orientation and style of the site. Attention was drawn to the fact there were no highways concerns.

 

In addition to objections detailed in the report it was noted that 2 late objections had been received, firstly over the extensive use of render and secondly over the traffic impact on Station Road.

 

The Committee then had the opportunity to ask technical questions of officers. Clarification was sought over the impact of the 3 storey houses and it was explained that due to the gradient difference and the line of significant trees that ran between the development and Wenhill Heights there would be minimal impact. The ownership of the strip of land that ran between Wenhill Heights and the development was queried and it was confirmed that the land belonged to Persimmon Homes, however local residents were investigating the possibility of buying the land from them.

 

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

 

The Local Member, Councillor Howard Marshall then spoke in objection to the application.

 

A debate followed where the reduction in render, use of a greater mix of materials and the height of TV aerials and masts were discussed.

 

At the end of the debate it was:-

 

Resolved:-

 

To DELEGATE planning permission to the Area Development Manager for planning permission be GRANTED subject to satisfactory outstanding consultation responses from internal consultees (listed below) for the following reason:

 

The proposal follows the granting of outline permission 05/02822/OUT for residential development of the site. The proposal is considered to provide a good quality development where the design and layout respects the location and the amenities of nearby residents. The proposal is considered to comply with policies C3, H2, H5 and CF3 of the North Wiltshire Local Plan 2011 and section 7 and paragraph 159 of the National Planning Policy Framework 2012.

 

And subject to the following conditions:

 

1.     No development shall commence on site until details and samples of the materials to be used for the external walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

 

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

 

2.     Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any Order revoking or re-enacting or amending that Order with or without modification), there shall be no additions/extensions or external alterations to any  ...  view the full minutes text for item 88a

88b

12/00542/S73 - Whitehall Garden Centre Ltd., Corsham Road, Lacock, Wilts. SN15 2LZ

Supporting documents:

Minutes:

Public Participation

 

Mr David Pearce spoke in support of the application.

 

The Planning Officer introduced the report which recommended that planning permission be granted subject to conditions.

 

He explained that the application was merely an application to extend the time limit for implementation.

 

There were no technical questions from the Committee.

 

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

 

The Committee noted the next application which gave details of the drainage works.

 

Resolved:

 

To GRANT Planning Permission for the following reason:

The proposal is for the extension and rationalisation of an existing well established Garden Centre.  The proposal is considered to comply with local and national retail policies, will have only limited and acceptable impact upon the appearance of the area and the nearby conservation area, will have an acceptable impact upon highways issues such as access and traffic flow in the vicinity and will not adversely affect the amenities of neighbouring residential properties.  As such the proposal complies with Policies C3, NE15 and R4 of the North Wiltshire Local Plan.

 

AND subject to relevant parties entering into a legal agreement under s106 of The Act in respect of highway improvements

SUBJECT to the following conditions:

1.     The developmentherebypermittedshallbe begun before the expiration of threeyears from the date ofthispermission.

 

REASON:Tocomplywith Section 91 ofthe Town and CountryPlanning Act1990.

 

2.     The developmentherebypermittedshallbecarried out strictlyin accordancewith the approved plans subjecttosuchminor amendmentsto the developmentasmaybe approved in writing under this condition by the lo  ...  view the full minutes text for item 88b

88c

12/00974/FUL - Whitehall Garden Centre Ltd., Corsham Road, Lacock, Wilts. SN15 2LZ

Supporting documents:

Minutes:

Public Participation

 

Mr David Pearce spoke in support of the application.

 

The Planning Officer introduced the report which recommended planning permission be granted.

 

It was explained that the proposed drainage works plans had previously shown them to be sited in an adjacent field, and this proposal placed them in a new position. It was noted that the application was supported by the drainage engineer.

 

The Committee then had the opportunity to ask technical questions of officers. Confirmation was sought that due regard had been given to nearby houses, and officers confirmed that this would have been checked by the drainage officer prior to giving support to the application. Clarification was needed over the underground storage tank and possible contamination by the collection of surface water, and it was confirmed that the surface water would be filtered.

 

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

 

The Local Member, Councillor Dick Tonge then spoke in objection to the application.

 

A debate followed, during which the Committee discussed surface water being discharged onto someone else’s property, this being allowed if natural gravitation flow, whether there had been a change of circumstance and whether the opportunity of talking to the drainage engineer would provide any further information.

 

Resolved:

 

To GRANT Planning Permission for the following reason:

The proposed development, by virtue of its specification, location, scale and materiality, will not affect the character or appearance of the site to any significant extent, nor will it alter the character or appearance of the surrounding open countryside. The drainage specification detailed is adequate and will mitigate against flooding save for the most extreme weather events. The proposal therefore accords with Policies C1, C3 and NE15 of the adopted North Wiltshire Local Plan 2011, Policy C5 of the Wiltshire and Swindon Structure Plan 2016 and the guidance contained in the National Planning Policy Framework.

 

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 the 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)             any and all hard surfacing materials;

g)            proposed and existing functional services above and below ground (e.g. drainage, power, communications, cables, pipelines etc. Indicating lines, manholes, supports etc.);  ...  view the full minutes text for item 88c

88d

12/1291/FUL - Four Oaks Park, Lydiard Plain, Swindon SN5 0AL

Supporting documents:

Minutes:

Public Participation

 

Mr Julian Taylor and Mr Simon Burley both spoke in objection to the application.

 

Mr James Millard spoke in support of the application.

 

The Planning Officer introduced the report which recommended that planning permission be granted subject to conditions as detailed in the additional information.

 

Attention was drawn to the fact the there were no objections from highways, rights of way, spatial plans or any ecological concerns with the nearest site of special scientific interest being 1.5 kilometres away. Detail within the conditions addressed previous concerns over unlawful storage and the failure to supply a children’s play area.

 

The Committee was then given the chance to ask technical questions of officers. Concern was raised over the removal of transit pitches as there was no alternate site in the vicinity, and it was explained that as the site was privately owned by the applicant the pitches were in his personal control and not in the control of Wiltshire Council. Clarification was sought over parking within the site and it was confirmed that each pitch was of a size to accommodate parking, including any visitor parking. A query over limiting the number of movable buildings was shown to have been accommodated in the conditions.

 

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

 

The Local member, Councillor Mollie Groom, then spoke in objection to the application.

 

A debate followed during which the Committee noted the 2 month delay, the distinction between travelling show people and travellers and the work done with the applicants over condition compliance. The possibility of a section 106 agreement was discussed, as was the overall net increase of one pitch.

 

Resolved:

 

To GRANT planning permission 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 part of the development hereby approved shall be first brought into use until the parking area shown on the approved plans has been consolidated, surfaced and laid out in accordance with the approved details. This area shall be maintained and remain available for this use at all times thereafter.

 

REASON: To ensure that adequate provision is made for parking within the site in the interests of highway safety.

 

3.     No development shall commence on site until details and samples of the materials to be used for the external walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

 

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

 

4.     No development shall commence on site until a scheme for the discharge of surface water from the site (including surface water from the access/driveway), incorporating sustainable drainage  ...  view the full minutes text for item 88d

89.

Urgent Items

Any other items of business which, in the opinion of the Chairman, should be taken as a matter of urgency.

Minutes:

There were no urgent items.