Agenda and minutes

To receive any apologies for absence.

Apologies were received from Cllrs Alan Hill and Desna Allen.

Cllr Hill was substituted by Cllr Mollie Groom.

Cllr Allen was substituted by Cllr Bill Douglas.

To approve and sign as a correct record the minutes of the meeting held on 30 January 2013.

The minutes of the meeting held on 30 January 2012 were presented. It was,

Resolved:

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

There were no declarations.

To receive any announcements through the Chair.

There were no Chairman’s announcements.

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 13 February 2013. 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.

Public Participation

Mr Maurice Moss spoke in support of the order.

Ms Susan Bobbett spoke in support of the order.

Mr Stuart Suter spoke in support of the order.

Cllr Paul Fuller, Lea and Cleverton Parish Council, spoke in support of the order.

The Rights of Way officer presented a report detailing the location and history of the proposed footpaths, and drew attention to the evidence submitted in support and objection to the order to amend the definitive map and statement to include the footpaths. It was noted that due to the objection received, the order had to go to the Secretary of State for determination, with a recommendation from the Committee.

The Committee then had the opportunity to ask technical questions of the officer. The current and historical use of the land was raised, along with whether new evidence could be submitted in support or objection. It was stated that new evidence could be submitted at any stage prior to determination.

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

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

A discussion followed, where use of the paths by the public prior to any determination, along with questions on what would happen to any obstructions placed on the footpaths should the Secretary of State approve the order. It was stated in response that until the order was approved, use of the footpaths would still be at risk of contention, but that if any additions were made which obstructed the use of the footpaths, in the event of approval they would have to be removed.

At the conclusion of debate, it was,

Resolved:

That the Wiltshire Council (Parish of Lea and Cleverton) Path No. 34, 35 and 36 Rights of Way modification Order 2012 is forwarded to the Secretary of State for Environment, Food and Rural affairs for determination with the recommendation that the order be confirmed.

An appeals update report is attached for information.

The Committee noted the contents of the appeals update.

The Planning Committee determined the following application:

Public Participation

Mr Stewart Shape spoke in objection to the application.

Mr Brian Leitch spoke in objection to the application.

Mrs Kim Power spoke in objection to the application.

Mrs J Blurton spoke in support of the application.

Mr T Blurton spoke in support of the application.

The Area Development Manager presented a report which recommended permission be granted for change of use. It was noted the building was a listed building in a conservation area, and the location in the secondary retail frontage area and physical state of the building was highlighted. It was also stated that the building had been vacant for two years with little interest, and that the key issue was its viability as a retail unit.

The Committee then had the opportunity to ask technical questions of the officer. It was noted that in 2012 the Committee refused a change of use for the neighbouring property, and the robustness of the marketing of the property for retail use was raised.

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

The Local Member, Councillor Simon Killane, then spoke in objection to the application.

A debate followed, where it was noted the Town Council were in support of the application, and the viability of retail units in the town and the state of many listed buildings was discussed. The robustness of the marketing of the building for retail use was again raised, including the price at which it had been set, and its lack of viability debated.

Questions were also raised about whether Listed Building Consent could be approved even should the planning application be refused, and it was confirmed it could be.

At the conclusion of debate, it was,

Resolved:

For Application 12/03960/FUL

That Planning Permission be REFUSED for the following reason:

The proposed development would result in the unacceptable loss of a retail premises within the secondary retail frontage in a prominent location within the centre of Malmesbury.  The loss of premises would be to the detriment of the vitality and viability of Malmesbury Town Centre and its future vitality and viability.  Insufficient information has been provided to demonstrate that the property has been marketed at anappropriate price in an attempt to secure a retail use at the premises.  The proposal is contrary to Policies C3, R2 and R6 of the adopted North Wiltshire Local Plan 2011 as well as the strategy and objectives of the Wiltshire Core Strategy Pre-Submission Draft February 2012.

For Application 12/03961/LBC

That Listed Building Consent be GRANTED for the following reason:

The proposed development by reason of its scale, design and siting is considered to be an acceptable addition to the property and the proposed alterations would not unduly affect the fabric or setting of the listed building. The proposed development is in keeping with the character and appearance of the area and would secure the future of the building and this will achieve objectives for preservation of the heritage  ...  view the full minutes text for item 35.

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.