Agenda and minutes

To receive any apologies for absence.

Apologies were received from Cllr Desna Allen, Cllr Peter Colmer and Cllr Peter Doyle.

Cllr Allen was substituted by Cllr Howard Marshall.

Cllr Colmer was substituted by Cllr Mollie Groom.

Cllr Doyle was substituted by Cllr Chuck Berry.

To approve and sign as a correct record the minutes of the meeting held on 20 February 2013.

The minutes of the meeting held on 20 February 2013 were presented.

Resolved:

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

Cllr Judy Rooke declared an interest in agenda items 7b and 7c because her property backed onto Rowden Lane. She declared she would participate in the debate and would not be voting.

To receive any announcements through the Chairman.

Given the forthcoming election on 2 May 2013, the Chairman thanked all councillors for their contributions to the Northern Area Planning Committee. He especially thanked Cllr Peter Davis for his long-standing commitment and he wished him very well in his retirement.  

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 17 April 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.

An appeals update report is attached for information.

The Committee noted the contents of the appeals update.

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

The Planning Committee then determined the following applications:

Public Participation

Mr Alan Simpson spoke in support of the application.

The Area Development Manager presented a report which recommended permission to be granted subject to conditions. It was noted this was a retrospective application and the permitted development rights had been removed. The principle of the development, the impact on the character and appearance of the area and Conservation Area and the impact on existing neighbours and potential occupants were also noted. It was stated that while the building was not ideal, it would be considered acceptable with a different finish.

The Committee then had the opportunity to ask technical questions of the officer.

The local councillor, Cllr Howard Marshall, then spoke in objection to the application.

A discussion followed in which it was noted that a number of complaints had been received by the local councillor from neighbours in the wider area who found the structure not in keeping with the neighbourhood and its protrusion from the building line as having a negative impact on views in the Conservation Area.

During the debate councillors raised concerns regarding the overbearing view from the neighbours’ properties and that the building disrupted the design of the area.

Resolved:

For Application 13/00040/S73A

That planning permission be REFUSED for the following reason:

The car port, store and sun room was considered to be unacceptable in as much as it projected beyond the rear elevation of 9 Saddleback Close by about 3.0 metres. The resulting structure was considered to have a detrimental impact upon the appearance of the property and the immediate surroundings and the Conservation Area, particularly when viewed from the public footpath to the west and south of the property. The building subject to this application failed to comply with Policies C3 (i and ii) (Development Control Core Policy); HE1 (Development in Conservation Areas) and H8 (iii) (residential extensions).

Public Participation

Mr James Warner spoke in objection to the application.

Mr Colin Thomas spoke in objection to the application.

Ms Georgina Pepperdine spoke in objection to the application.

The Senior Planning Officer explained that since the report had been written, and following legal advice, it had come to light that tying this application to the legal agreement proposed by 13/00202/S106 was not possible and that 12/04160/FUL must be accompanied by its own legal agreement. The officer recommendation was subsequently altered to delegation to receive an updated ecological survey and to allow for the drawing up of a suitably worded S106 agreement. It was noted that the main change to the original application had been to allow for the oil pipeline to the west of parcel A and to allow for changes to the parking layout in parcel B to comply with Wiltshire current parking standards. The proposed reduction in affordable housing contributions would make the development viable at the present time and was supported by the Wiltshire Council housing team

The Committee then had the opportunity to ask technical questions of the officer. It was noted that the type of houses had not changed since the original application, but some dormer windows would be re-orientated. Completion of an ecological survey had not been possible due to the weather and the late Spring.   

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

The local councillor, Cllr Judy Rooke, then spoke in objection to the application.

A discussion followed regarding the extent to which the application had been changed since the application in 2002, the house types on the site and the education provisions involved. It was noted that Chippenham Town Council had no objection to the application.

Resolved:

For Application 12/04160/FUL

To DELEGATE authority to the Area Development Manager to grant PERMISSION subject to receipt and approval of an updated Ecological Survey and to allow the drawing up of a suitably worded S106 agreement to cover Affordable Housing, Public Open Space (including all the incidentals such as ditch and hedge maintenance), Highways and Education.

The Senior Planning Officer explained this application had been debated with the previous item. It was clarified that the revised Affordable Housing figures applied for were a total of 13 units with 4 in Parcel A and 9 in Parcel B and this was considered acceptable by the Wiltshire Council housing team.

The Committee then had the opportunity to ask technical questions of the officer. It was confirmed that a Section 106 agreement was specific to each planning application. A separate permission was therefore required from the agreement related to the earlier application. It was underlined the Government continually pushed local authorities for development to be viable.

The local councillor, Cllr Judy Rooke, then spoke in objection to the application.

Resolved:

For Application 13/00202/S106

That planning permission be DEFERRED for two cycles for information on Application 12/04160/FUL to be received and considered. 

Public Participation

Mr Peter Crawford spoke in support of the application.

Cllr Jeffrey Greenaway spoke in objection to the application.

The Area Team Leader explained that comments by email had been received from Haydon Wick Parish Council since the report had been written. His recommendation had been amended to delegate authority to grant planning permission to the Area Development Manager subject to the recommended conditions and the signing of a Section 106 agreement to cover the matters identified in the report. It was noted this was the second phase of a development which had earlier been agreed on appeal. The application had been influenced by changed circumstances and in particular the Secretary of State’s decision with respect to Ridgeway Farm. The Spatial Plans team now had no in principle objection to the application with regards to ecological concerns.   

The Committee then had the opportunity to ask technical questions of the officer. A flood risk assessment had been completed and found the scheme’s mitigation sites would be suitable. In relation to drainage, drainage engineers would be aware of the Ridgeway Farm development and its implications, however assessment could only be made on the basis of what was already there.    

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

The local councillor, Cllr Jacqui Lay, then spoke in objection to the application. 

During the debate concerns were raised regarding flood risks.

Resolved:

For Application 11/02763/FUL

That planning permission be DELEGATED to the Area Development Manager subject to the recommended conditions and the signing of a Section 106 agreement to cover the matters identified in the report.

Subject to the following conditions:    

(1)       WA1    FULL PLANNING PERMISSION -COMMENCEMENT 3 YEARS

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)        WB1    SUBSEQUENT APPROVAL OF MATERIALS FOR WALLS & ROOFS

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.

Policy C3

(3)        Wc1    APPROVAL OF LANDSCAPING BEFORE COMMENCEMENT

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:-

·        location and current canopy spread of all existing trees and hedgerows on the land;

·        full details of any to be retained, together with measures for their protection in the course of development;

·        a detailed planting specification showing all plant species, supply and planting sizes and planting densities;

·        finished levels and contours;

·        means of enclosure;

·        car  ...  view the full minutes text for item 43d

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.