Agenda and minutes

To receive any apologies for absence.

To receive any announcements through the Chair.

Tracey Smith was thanked for her hard work and the Committee wished her every success in her new role.

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.

Public Participation

Claire Fish spoke in objection to the application.

Tony Doyle spoke in support of the application.

The Planning Officer introduced the report which recommended that the application be DELEGATED to the Area Development Manager for APPROVAL subject to:

-        conditions;  and

-        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; refuse/recycling bin provision on site and an indemnity agreement whereby vehicular access is permitted to all properties on the site.

It was explained that concerns over flooding had been addressed and the provision for surface water drainage catered for a 100 year event plus 30%. The access had also been improved to provide a turning point. Officers will try to negotiate a contribution for Purton Cemetery.

There were no technical questions asked.

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

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

A debate followed during which concern was raised over surface water drainage, the lack of decent access to the site and potential damage to the road surface by construction vehicles. The need to ensure any surface water scheme was maintained thereafter was highlighted.

At the end of the debate it was:-

RESOLVED:

To DELEGATE to the Area Development Manager for APPROVAL 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, refuse/recycling bin provision on site and an indemnity agreement.

-         

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, rights of way or pedestrian safety.  The proposed development would not be harmful to existing trees and 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, NE14, H3 and CF3 of the adopted North Wiltshire Local Plan 2011 and the guidance contained within the National Planning Policy Framework.

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 details and samples of the materials to be used for the external walls and roofs have been submitted to and  ...  view the full minutes text for item 114.

Public Participation

Mr Richard Neale spoke in support of the application.

The Planning Officer introduced the report which recommended that planning permission be REFUSED. Attention was drawn to a typographical error in the report on page 40 of the agenda and it was confirmed that the second paragraph of the Conclusion should read:

‘Concerns raised at the refusal of the previous application, in respect of inadequacy of access to the site, have been not been withdrawn by the Highways Officer in acknowledgement of the improvement works that have been undertaken to the verge to the northeast of Gibb Cottages. However, the location of the site for these purposes remains inherently unsustainable, and this is a relevant consideration.’

It was explained that this was a retrospective application, and a previous application had been refused in 2008. The property is sited outside the village boundary, and Wiltshire Council’s policy was to direct holiday lets to villages. Access to the site was a concern due to poor visibility.

There were no technical questions asked.

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

The Local Member, Councillor Jane Scott, who was represented by Councillor John Thomson, spoke in support of the application.

A debate ensued during which concerns over road safety were discussed and whether the change of use would result in more vehicles compared to the existing permitted business use. It was noted that bed and breakfast could be offered from their house with no permission needed, and that there was an existing bed and breakfast facility using the access road.

At the end of the debate it was:

RESOLVED:

To APPROVE Planning Permission for the following reason:

The proposed change of use by reason of its scale and location in close proximity to the tourist attraction of Castle Combe and its associated facilities is considered to be a benefit to the local economy and would not be detrimental to any residential amenities or highway safety.  The proposal thus accords with Policies C3, NE4 and NE15 of the adopted North Wiltshire Local Plan; Policy RLT9 of the adopted Wiltshire and Swindon Structure Plan; and Core Policy 39 of the emerging Wiltshire Core Strategy.

Subject to the following conditions:

1. Notwithstanding the Town and Country Planning (Use Classes) Order 1987 and the Use Classes (Amendment) Order 2005 (or any Order revoking and re-enacting those Orders, with or without modification), the accommodation hereby permitted shall be used for holiday accommodation only and for no other purpose.

REASON: This site is in a position where the Local Planning Authority, having regard to the reasonable standards of residential amenity, access, and planning policies pertaining to the area, would not permit permanent residential accommodation.

2. The owners/ operators of the site shall maintain an up-to-date register of the names of all owners/occupiers of individual caravans/log cabins/chalets on the site, and of their main home addresses, and shall make this information available at all reasonable times to the Local Planning Authority.

REASON: This site  ...  view the full minutes text for item 115.

Public Participation

Mr Fuller spoke in objection to the application

Paul Coleman and Councillor Anstey spoke in support of the application.

The Planning Officer introduced the report which recommended that the application be DELEGATED to officers for planning permission to be GRANTED subject to conditions.

It was explained that this was a hybrid application containing both detailed and outline plans. The established C2 use was confirmed as continuing and the designs were considered appropriate. Attention was drawn to the late observations in which details were given of an assessment on traffic increase and which addressed resident’s concerns.

The Committee was then given the opportunity to ask technical questions of the officers and it was queried whether it was right to include bin provision within the Section 106 agreement and whether it should be delegated in conjunction with the Waste Service.

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

The Local Member, Councillor Tonge expressed his concerns about the traffic implications and the cumulative effect on Neston. He requested that if the Committee were going to approve the application consideration was given to ways of diverting traffic towards the A4 and away from Neston and that the proposed minibus be made available for community use.

In the ensuing debate the need for this sort of facility in the community was highlighted and it was confirmed that a regular bus service passed at the end of the road.

RESOLVED:

Subject to no new and substantive issues being raised by the Council’s Ecologist and Natural England, including the addition and/or alteration of relevant planning conditions

And

Subject to all parties entering into a legal agreement under s106 of The Act in respect of (and following the covenants set out in existing legal agreement associated with permission 10/04093/FUL): age restrictions, provision of communal facilities, highway improvements, travel plan, minimum care requirements and contributions to bin/recycling provision in light of the proposed Waste Strategy , then:

To DELEGATE to officers for Planning Permission to be GRANTED for the following reason:

The site has a lawful use as a residential training centre (Class C2) and in common with previous permissions on this site, the proposal overcomes the reasons for dismissal of the subsequent appeal, under reference 05/02094/OUT. The legal Agreement associated with this panning permission secures, in perpetuity, the nature of the use permitted, sustainable travel and highway improvements. The revised design respects the character of the site and continues to provide significant landscape improvements. As was the case with previous permissions, traffic generation compares favourably with the lawful use and would be lower than potential alternatives. The biodiversity of the site, including protected species, will be preserved and enhanced. In light of the above, the proposal is considered to comply with policies C1, C2, C3, NE5, NE9, NE11, NE14, NE15, NE17, NE29, T1, T2, T3 and T4 of the North Wiltshire Local Plan 2011 as well as guidance contained within the National Planning Policy Framework.

Subject to the  ...  view the full minutes text for item 116.

Public Participation

Mr Drummond Harris and Mr Bartle spoke in objection to the application

Councillor Sturgis left before discussion, debate and voting on the last item.

The Planning Officer introduced the report which recommended that planning permission be GRANTED FOR A TEMPORARY PERIOD OF SIX MONTHS subject to conditions.

It was explained that this was a retrospective application for a change of use from public open space to storage. The compound was described as visually intrusive, out of accord with the character of the neighbourhood and considered inappropriate to the locality. The service the applicant was providing was considered important and was reflected in the recommendation which gave time to work towards relocation.

The Committee then had the opportunity to ask technical questions and it was explained that waste was brought to the site from a broader locality, concerns over dust, gates and content could be addressed through conditions, that if conditions were breached then a breach of condition notice could be issued which required immediate compliance and that 6 months was considered a reasonable timeframe to relocate.

Members of the Public then had the opportunity to put their views before the Committee as detailed above.

The Local Member, Councillor Allison Bucknell then spoke in objection to the application.

A debate followed during which the inappropriateness of the location was discussed and the need to get it relocated as soon as possible was highlighted.

RESOLVED:

That Planning Permission be GRANTED FOR A TEMPORARY PERIOD OF ONE MONTH for the following reason:

The change of use and erection of the fencing and gates to create the storage compound would result in a loss of open space contrary to policies CF2 and CF3 of the North Wiltshire Local Plan. The operation and use of the compound would result in harm to existing residential amenities through noise and general disturbance contrary to policy C3 of the adopted North Wiltshire Local Plan 2011. In addition the erection of the fencing and gates would be visually prominent and out of character with the locality and is visually harmful to the locality contrary to policy C3 of the Adopted North Wiltshire Local Plan. The proposed development is contrary to adopted Local Plan policies and inappropriate in this location. A permanent consent for the proposed development in this location is inappropriate and harmful. The grant of a temporary consent for a limited period to allow the relocation of the employment activity to an appropriate location is considered acceptable  and appropriate in the context of the support for economic and employment development contained within the National Planning Policy Framework, in particular paragraphs 18 – 22 of the NPPF.

Subject to the following conditions:

1.    The delivery and despatch of waste materials to and from the site shall be limited to the hours of 7am and 7pm on Mondays to Fridays Saturdays, and at no time on Sundays and Bank or Public Holidays.

REASON: To ensure the creation/retention of an environment free from intrusive levels of noise and activity  ...  view the full minutes text for item 117.

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.