Agenda and minutes

To receive any apologies for absence.

To receive any announcements through the Chair.

There were no Chairman’s announcements.

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

Mr Charles Manning spoke in support of the application.

The Chairman explained that there were two applications covered by the report and a decision would need to be made on both.

The officer introduced the report which recommended planning permission and listed building consent be refused.

She explained that the application was to demolish and set back a wall at the back of the site and amend the line of the stairs to create one parking space. She highlighted the key concerns as being the impact on listed buildings and the site being situated in a conservation area.

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 Simon Killane explained that it was before the committee due to the polarised views, and noted the requirement to balance the need for parking against the character of the conservation area and the implications on what others will do if approved.

In the debate that followed the Committee noted that the walls in Malmesbury were known as an integral part of the character of the town. The towns commitment to and good work on its conservation management plan was highlighted, within which it specifically seeks to prevent the loss of the walls.

Resolved:

For N/02006/FUL, to REFUSE planning permission for the following reason:

1.     The proposed development will have a detrimental impact on the setting of the adjacent listed building and the character and appearance of the Malmesbury Conservation Area due to the proposed removal of this important historic feature and is therefore, contrary to policies C3, HE1 and HE4 of the North Wiltshire Local Plan 2011, The Malmesbury Conservation Area Management Plan 2010 Section.66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 and the provisions of S.12 of the NPPF.

Informatives

This decision relates to documents/plans submitted with the application, listed below.

Plan Ref:   Design and access statement, 756/CAM/2012/1 /2  /3 /4 /5

Dated:  all date stamped 18/07/2012

For N/02004/LBC to REFUSE Listed Building Consent for the following reason:

1.     The proposed development will have a detrimental impact on the setting of the adjacent listed building due to the proposed removal of this important historic feature and is therefore, contrary to policy HE4 of the North Wiltshire Local Plan 2011, S.16(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990 and the provisions of Section.12 of the NPPF.

Public Participation

Mike Kerton spoke in support of the application.

The Planning Officer introduced the report which recommended that planning permission be GRANTED subject to the signing of a Section 106 agreement.

He explained that the site was contained within the boundaries of Westwells, had been subject to a long and varied history and a previous outline application granted in 2005, although technically expired, remained a material consideration and showed the long-standing development aspirations.

He highlighted that objections received due to the ecological sensitivity of the site had since been withdrawn, leaving the key issue being the use of Moor Park as the principle access. Substantial objections had been received from close residents especially those residing in Moor Park, however the Committee’s attention was drawn to the previously approved outline application plans which clearly marked Moor Park as being an access point for the site, and assessments on the access against both current and previous standards had shown it was adequate to take the proposed development.

He explained that the development had been included within the core strategy and was required to meet the 5 year housing land supply, noted the benefits in redevelopment and highlighted the extensive suite of conditions.

Roger Witt, Senior Development Control Officer then explained that the existing access did not meet the standard on the minimum permissible splays for the speed limit and would require land from the adjacent properties if this was to be met. He explained that Moor Park was designed to allow up to 100 dwellings and the additional traffic generated would be approximately equivalent to 1 extra vehicle every 2 minutes at peak time and every 4-5 minutes off peak.

The Committee then had the opportunity to ask technical questions of officers and it was confirmed that the proposed application was the same as the previous application and number of dwellings on site had increased by one from 38 to 39 which gave a density of just under 28 per hectare. Concern was raised over the possibility of mineshafts being located within the site however this had been addressed in the conditions in that they required a survey to be undertaken and mitigation work completed as required.

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

The Local Member, Councillor Dick Tonge noted that the site was derelict, containing dangerous buildings and a tank full of rubbish and water, and confirmed there were no mineshafts on the site. He highlighted the key concern as being the access through Moor Park, explaining that it was a fundamental objection both now and 8 years ago. He highlighted that the issue with the existing access not meeting the required standards was difficult to understand and bemusing to residents given its use when a factory was operational there. He requested that if the Committee were minded to approve the concerns of residents on heavy construction traffic be considered and that the existing entrance be used for these.

In  ...  view the full minutes text for item 7b

With the agreement of the Committee this application was heard first at the meeting.

Public Participation

Mr Mark Willis spoke in support of the application.

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

The officer explained the objections had included the impact on off site highways however no objections were received from highways.

There were no technical questions asked.

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

The Local Member, Councillor Howard Greenman then addressed the Committee. He gave his thanks to officers for their work in addressing the significant concerns seen at the onset of the application and re-iterated the concerns of the Christian Malford Parish Council seen in section 7 of the officers report and being inadequate on site parking and turning, off site highways impact and it being an inappropriate location for such a facility being in close proximity to a commercial premises and remote from other stables in the vicinity. 

In the debate that followed members noted the right of the owner to choose the location on their land. Concern was raised over the potential storing of horseboxes in the turning point and how to ensure the work was completed in a timely manner. An amendment proposing to delegate permission to the Area Development Manager to approve with the existing conditions given in the report and additional conditions to address overnight storage and ensuring the work is done in complete phases was seconded and accepted.

Resolved:

To DELEGATE planning permission to the Area Development Manager for APPROVAL for the following reason:

It is considered that the proposal accords with policies C3 and NE15 of the North Wiltshire Local Plan 2011 and will not lead to any significant detriment to the rural character of the area or highway safety.

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 riding arena hereby permitted shall be used only for the exercise of horses owned and ridden by the occupier of the site (land edged red & blue) or members of their family and kept at the site and for no visiting horses nor for any commercial purpose whatsoever, including tuition, without the prior written consent of the local planning authority.

REASON: In the interests of highway safety and the amenity of the area in general.

3.     No development shall commence on site until details of the access layout improvements has been submitted to and approved in writing by the Local Planning Authority. The access improvements shall be carried out prior to the development taking place.  The improvements shall include a 6.5m width for the first 10 metres of the access. The first 10m measured from the edge of the carriageway, shall be properly  ...  view the full minutes text for item 7c

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.

Resolved:

That in accordance with Section 100A(4) of the Local Government Act 1972 to exclude the public from the meeting for the business specified in agenda item number 10 because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in paragraph 5 of Part I of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.

Members considered a confidential report regarding Brynards Hill, Royal Wootton Bassett.  Councillor Peter Doyle proposed a slightly revised recommendation.

Resolved:

To RECOMMEND that the Council advise the Planning Inspectorate that in the light of the changed circumstances and the case specific material considerations including:

·       the locational relationship with previous phases of development now under construction immediately to the south of the site and the Interface Business Park to the east;

·       The locational relationship to, and integration of the site within, the existing built area of Royal Wotton Basset; and

·       The potential to improve the relationship between the proposed car park and the Country Park;

it no longer wishes to pursue the reasons put forward for refusing the application.