Agenda and minutes

Northern Area Planning Committee - Wednesday 10 October 2012 6.00 pm

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

Contact: Kirsty Butcher 

Items
No. Item

94.

Apologies

To receive any apologies for absence.

Minutes:

Apologies were received from Cllr Hill.

 

Cllr Hill was substituted by Cllr Berry.

95.

Minutes of the previous Meeting

To approve and sign as a correct record the minutes of the meeting held on 19 September 2012.

Supporting documents:

Minutes:

The minutes of the meeting held on 19 September 2012 were presented.

 

Resolved:

 

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

 

96.

Declarations of Interest

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

Minutes:

Cllr Trotman declared an interest in agenda item no. 7b as a member of Calne Town Council. He declared he would not vote on this item.

 

Cllr Sturgis declared an interest in agenda item no. 7a as he had employed the applicant in October 2011. He declared he would participate in the debate and vote for the item with an open mind.

 

Cllr Davis declared an interest in agenda item nos. 7c and 7e as a member of Corsham Town Council. He declared he would participate in the debate and vote for each item with an open mind.

97.

Chairman's Announcements

To receive any announcements through the Chair.

Minutes:

There were no Chairman’s announcements.

98.

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 03 October 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.

 

99.

Planning Appeals

An appeals update report is attached for information.

Supporting documents:

Minutes:

The Committee noted the contents of the appeals update.

100.

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, 7b, 7d and 7e as listed in the agenda pack.

101.

11/03051/S73A - Whites Farm, Grittenham, Chippenham, Wilts., SN15 4JW

Supporting documents:

Minutes:

Public Participation

 

Mr George Threlfal and Ms Kate Minter spoke in objection to the application.

 

Mr Tony Doyle spoke in support of the application.

 

Councillor Owen Gibbs, Chairman of Brinkworth Parish Council spoke in objection to the application.

 

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

 

It was explained that this was a retrospective application as the track had already been created. Noise complaints had already been received regarding the activity and the Committee noted that noise levels varied with wind speed and direction. The works were considered to have limited impact and the conditions were sufficient to address the concern over noise. The Committee were reminded that activities such as these can be carried out up to 14 days per year without planning permission.

 

The Committee then had the opportunity to ask technical questions and it was explained that the permission was for the works, and if refused the works could be removed however the site could still be used for the activity for up to 14 days per year.

 

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

 

The Local Member, Councillor Toby Sturgis spoke in support of the application.

 

A debate followed during which the need to state a maximum decibel level for the engines was discussed, whether there could be a guarantee on no weekend racing or an informative added which discouraged racing on Sundays, whether a programme could be made available to all, especially residents, and suggested the removal of permitted development rights.

 

At the end of the debate it was:-

 

Resolved:

 

To DELEGATE to the Area Development Manager to grant the application, subject to additional conditions which shall be agreed with the Local Member and shall include noise limits at source, removal of permitted development rights and contents of management plan to be submitted before any use is made of the track.

 

The proposal is considered to be an acceptable form of development in this particular location.  Whilst comprising an alteration to the landform of an agricultural field, the visual effect of development is not considered to be unacceptable in the context of the adjoining M4 corridor.  Furthermore, subject to the imposition of appropriate planning conditions, the characteristics of the proposed use of the land would not have an unacceptable impact upon the amenities of neighbouring residents nor upon highway safety.  As such the proposed development is considered to comply with the provisions of Policies C3, NE15 of the adopted North Wiltshire Local Plan 2011 and guidance contained in the National Planning Policy Framework.

 

Subject to the following conditions:

 

1        The land subject to this permission shall be used for the racing and/or practice of motocross motorcycles up to a maximum of 14 days in any one calendar year.  Between the months of April and September such racing and/or practice of motocross motorcycles shall not exceed 1 day per calendar month.  Between the months of October and  ...  view the full minutes text for item 101.

102.

12/02124/FUL - Calne Rugby Club, Anchor Road, Calne, Wilts., SN15 8DX

Supporting documents:

Minutes:

Public Participation

 

Mr Charles Boase, Mr Peter Stubbs and Mr Paul Davis spoke in objection to the application.

 

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

 

It was explained that this application was on existing open space and that it was aimed at addressing existing anti-social behaviour issues. Concern over noise had been partially addressed by the use of noise reduction fencing. The Committee’s attention was drawn to the late observations which detailed slight changes to the wording in the conditions after legal advice.

 

The Committee then had the opportunity to ask technical questions and it was explained whilst litter and bins were not specifically mentioned details of maintenance were required as part of the management plan.

 

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

 

The Local Member, Councillor Toby Howard Marshall spoke in support of the application.

 

The ensuing debate highlighted concerns over noise, the site of the target game on the outside wall and the need for a six month review. It was noted that it was for Calne Town Council to manage and care was needed not to micro-manage through conditions. It was suggested that the applicant seek to involve the local schools.

 

At the end of the debate it was:-

 

Resolved:

 

To GRANT Planning Permission for the following reason:

 

The proposed development, by virtue of its siting, scale, design and materials, will not harm the character or appearance of the site or result in loss of residential amenity to neighbours. The proposal represents a valuable piece of community infrastructure and therefore accords with Policies C3 and CF2 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 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 fences shown on the approved plans shall be erected prior to the first use of the facility hereby permitted and retained in perpetuity thereafter and shall incorporate the neoprene dampening feature as detailed in the Design and Access Statement accompanying the application.

REASON: In the interests of the amenity of the area and the prevention of noise nuisance.

 

3.    No development shall commence on site (including any works of demolition), until a Management Plan, which shall include the following:

 

a)            details of any CCTV system to be installed;

b)           details of proposed hours of operation, including the means by which the facility is to be secured, if applicable;

c)            details of any schedule of routine inspections/maintenance;

d)           details of any anticipated Police involvement with the facility; and

e)            details of any anticipated ongoing dialogue with neighbours of the facility

f)             details of a review of the facility after the first six months of operation (to assess, amongst  ...  view the full minutes text for item 102.

103.

12/01504/FUL - 1 Brockleaze, Neston, Corsham, Wilts., SN13 9JT

Supporting documents:

Minutes:

Public Participation

 

Mr John Raynor and Mrs Margaret Raynor spoke in objection to the application.

 

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

 

It was explained there was no impact to neighbouring properties and concerns over the garage had been partially addressed by moving the position of the garage to align with the garage of the neighbouring property.

 

There were no technical questions asked.

 

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

 

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

 

A debate followed during in which concern was raised over the loss of amenity space. Clarity was sought over the ridge height difference and the total m² of the extension, and confirmation was given that a separate application would be needed for a dropped kerb. The Committee noted there were no highways objections.

 

At the end of the debate it was:-

 

Resolved:

 

To GRANT Planning Permission for the following reason:

 

The proposed development will not have a detrimental impact on the character of the host building or area in general. The proposal will not have an unacceptable adverse impact on the amenities currently enjoyed by the occupants of the neighbouring residential properties. The proposal can accommodate the required amount of parking and will not result in a detrimental impact upon highway or pedestrian safety.  The proposal therefore accords with policies C3 and H8 of the 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 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 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 reference 1908/S01 received on 31st May 2012, additional plans 1908/ garage received on the 11th July 2012 and revised plans 1908/L01A received on the 17th August 2012.

 

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

 

3.    The development hereby permitted shall not be first brought into use until the access has been consolidated and surfaced (not loose stone or gravel). The access shall be maintained as such thereafter.

 

REASON:  In the interests of Highway Safety

 

4.    No development shall commence on site until details of the finish to external timber, including any paint or stain to be used on the door and window joinery have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details prior to the development being first brought into use

 

REASON: In the interests of visual amenity  ...  view the full minutes text for item 103.

104.

12/01966/FUL - Deceuninck, Stanier Road, Calne, Wilts., SN11 9PX

Supporting documents:

Minutes:

Public Participation

 

Mrs Jennifer Dunthorne and Mr Beverley Michael Barnes spoke in objection to the application.

 

Mr Dale Evans spoke in support of the application.

 

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

 

It was explained that this application for change of use was related to the existing building only. The Committee’s attention was drawn to the changes detailed in the late observations and to condition 15 which detailed the need for an operational statement before any use under the new class. The Committee heard that the existing permission had elements yet to be implemented which included B2 use already and that there were other B2 use operators in close proximity.

 

The Committee then had the opportunity to ask technical questions and it was explained that neighbouring properties were built after the existing planning permission. A query on conditions clarified that the application sought to extend the range of use, not change it, which limited the conditions that could be placed and concerns raised over car parking were not found as highways had raised no objections. The Committee noted the existing B2 use available on the existing permission.

 

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

 

The Local Member, Councillor Chuck Berry spoke in support of the application.

 

The ensuing debate highlighted the need to continue consultation with residents and concern was raised over granting permission with no confirmed end user. The need to give every opportunity in the future for the site to be used was noted.

 

At the end of the debate it was:-

 

Resolved:

 

To GRANT Planning Permission for the following reason:

 

The proposed development is considered to the sustainable and appropriate to the location in principle and the attached conditions provide sufficient mitigation to ensure that there will be no harm to residential amenities. The proposal is in accord with policies C3 and BD3 of the adopted North Wiltshire Local Plan 2011 and Paragraph 14 and Section 1 of 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.

 

POLICY-C3

 

2.    The level of noise emitted from the site shall not exceed a Rating level of 45 dB (1hr)(i.e. LAeq(1hr) and free from acoustic features) between 0700 and 2300 hrs Monday to Saturday and a Rating level of 35 dB(5 mins) (i.e. LAeq (5 mins) 35 dB and free from acoustic feature) at any other time as measured on all boundaries of the site at any position where the boundary is contiguous with any part of the curtilage of a residential property.

 

REASON: In the interests of protecting the amenity of residents.

 

POLICY: C3

 

3.    No development shall  ...  view the full minutes text for item 104.

105.

12/01537/FUL - Fieldhouse, 2 Pickwick, Corsham, Wilts., SN13 9JB

Supporting documents:

Minutes:

Public Participation

 

Mr Williams spoke in support of the application.

 

The Planning Officer introduced the report which recommended that planning application be refused.

 

It was explained that the application property was sited in a conservation area and the original planning permission for the terrace had been granted partly due to the fact that the design had been of high quality and reflected that it was in the garden of a listed building, within the Pickwick Conservation area and noted the listed buildings located all around it.

 

The Committee then had the opportunity to ask technical questions and it was clarified that the application was for an air source heat pump and installation of solar panels.

 

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

 

The Local Member, Councillor Alan MacRae spoke in support of the application.

 

A debate followed during which the need to have balanced approach was highlighted. Concern was raised over caring for the conservation area and development within and the need to generate clean energy was discussed. Guidance on the standard of solar panels was suggested.

 

At the end of the debate it was:-

 

Resolved:

 

To GRANT planning permission for the following reason:

 

            “The proposed retro-fitting of this relative large solar array on the road facing roofslope of this recently erected mid-terrace dwelling is not considered to result in material and substantial harm to the building, adjacent listed buildings or this part of the Pickwick Conservation Area. The proposal complies with Policies C1, C3, NE18 and HE1 of the North Wiltshire Local Plan 2011, Paragraphs 19, 56 and 95 of the National Planning Policy Framework 2012.”

 

Subject to the following condition:

 

1.    The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

REASON: To comply with provisions of Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

106.

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.