Agenda and minutes

To receive any apologies for absence.

Apologies were received from Councillor Bill Douglas, Councillor Peter Hutton and Councillor Mark Packard.

Councillor Peter Hutton was substituted by Councillor Chuck Berry.

To approve and sign as a correct record the minutes of the meeting held on 19 June 2013.

The minutes of the meeting held on 19 June 2013 were presented.

Resolved:

To approve as a true and correct record and sign the minutes, with the amendment that Councillor Desna Allen and Councillor Mark Packard left the room after the first item for urgent business at Chippenham Town Council.

There were no declarations of interest.

To receive any announcements through the Chairman.

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 3 July 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, 7dand 7e as listed in the agenda pack.

Public Participation

Mr James Bolton spoke in objection to the application.

Mr Brian Weetch spoke in support of the application.

Mrs Elaine Weetch spoke in support of the application.

The area development manager introduced the application. There had been permission for a single storey dwelling on the site but this had since lapsed. Concern was raised over the size and height of the proposed dwelling.

The committee then had the opportunity to ask technical questions of the officer. There were no questions raised.

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

The local councillor, Councillor Howard Greenman highlighted the applicants had been involved in a lengthy process to work with the planning department from the pre-application stage and to address their concerns.

A short discussion took place regarding communication with the planning department, whether this was a suitable proposal for the plot and the want for a clearer drawing of the proposal.  

Resolved:

For Application N/13/00755/FUL 

Planning Permission be REFUSED for the following reasons:

1.       The proposed development, by reason of its siting, scale, massing and design, represents an unjustified intrusion into the countryside and would be detrimental to the character and appearance of the site and its setting in a Conservation Area. The proposal will also negatively impact upon the residential amenity of neighbouring properties and therefore fails to accord with Policies C3, NE15, HE1 and H3 of the adopted North Wiltshire Local Plan 2011 and Sections 7, 11 and 12 of the National Planning Policy Framework.

2.       In the current absence of a Section 106 Legal Agreement in respect of the relevant off-site financial contributions, the proposal also conflicts with Policies H6 and CF3 of the adopted North Wiltshire Local Plan 2011.

Public Participation

Mr Michael Sideras spoke in objection to the application.

Mr Groves spoke in support of the application.

Miss Sophia Thorpe spoke in support of the application.

The development control team leader introduced the application. The application had been brought back from the previous planning committee meeting to provide the additional information requested regarding the capacity of Seagry Brook and the situation with regards to M4 drainage. It was clarified that the proposed development would reduce the existing surface water discharge rate into Seagry Brook by 50% and M4 water did not affect the brook.  

The committee then had the opportunity to ask technical questions of the officer. This covered whether the road surfaces in the proposal would be permeable, which could not be guaranteed.

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

The local councillor, Councillor Howard Greenman commented the information provided by the Environment Agency was inadequate and he requested the detailed capacity of the brook before the M4 was constructed and in the present day.

A short discussion took place regarding the site not being in a major flood risk area, whether the proposed development was considered suitable in terms of its nature and location, maintenance of the brook and links proposed with the former chicken factory site . 

Resolved:

For Application N/13/00011/FUL

Planning Permission be delegated to the Area Development Manager to be GRANTED, subject to completion of the Section 106 Agreement for the following reason:

The proposed development, by reason of its siting, layout, access, design and materials, will not harm the character or appearance of the site or its setting in a Conservation Area. The proposed drainage and ecological mitigation measures are adequate, as is the level of S106 provision. As such, the proposal accords with Policies C3, NE11, HE1, H3, H6 and CF3 of the adopted North Wiltshire Local Plan 2011 and Sections 7, 10, 11 and 12 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.

2        No development shall commence on site until details and samples of the materials to be used for the external walls and roofs of the development hereby permitted 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.

3        All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first occupation of the buildings or the completion of the development whichever is the sooner;  All shrubs, trees and hedge planting shall be maintained  ...  view the full minutes text for item 79.

The area development manager introduced the application. He described the site as an undeveloped one that appeared prime for development. Permission for a dwelling had been granted in the past but this had since lapsed. The proposal was for a 4 or 5 bedroom property with a detached garage and the area development manager believed this proposal to be too much build for the site.    

The committee then had the opportunity to ask technical questions of the officer. There had been no calculations regarding the footprint of the proposal in comparison to neighbouring properties, although the plans did give a rough guide.

There were no comments from members of the public.

The local councillor, Councillor Howard Greenman stated there may be room for negotiation with regards to the size of the dwelling.  

Resolved:

For Application N/13/00755/FUL 

Planning Permission be REFUSED for the following reason:

1.       The proposed scale and design of the dwelling would not preserve and / or enhance the character and amenity of the conservation area of the residential character of the locality. The proposed dwelling by virtue of its scale in relation to plot size would not provide adequate usable private amenity space and would therefore not secure an acceptable level of private amenity space. The proposal is therefore contrary to policies C3 and HE1 of the North Wiltshire Local Plan 2011.

2.       The proposed development does not make any provision for securing a contribution to affordable housing or public open space.  No information has been submitted to justify why policies C2, H6 and CF3 of the Local Plan have not been complied with.  In the absence of an agreement to secure such contributions or information justifying why such contributions should not be sought, the application fails to comply with policies C2, H6 and CF3 of the North Wiltshire Local Plan 2011.

Public Participation

Mr Peter Davis spoke in support of the application.

Mrs Irene Simpkins spoke in support of the application.

Mr Marc Willis spoke in support of the application.

The development control team leader introduced the application. The site had an annexe and the proposal was for this to be made into an independent dwelling. There would be little change in terms of visual impact and the main concern was the relationship between the existing dwelling and the proposed independent one. It was confirmed in an amendment to the report that the applicant was content to contribute towards the provision of off-site public open space.   

The committee then had the opportunity to ask technical questions of the officer. It was confirmed the building had initially been allowed as it was tied to the original property.

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

The local councillor, Councillor Philip Whalley then spoke in favour of the application. He underlined that the building already existed and had been occupied for six years without any problems. It was a small and modern dwelling that could be put to good use adapted as it was for a disabled person with its own pedestrian access and vehicular access.

A short discussion took place regarding the amenity space of the properties concerned and the need to bring unused properties back into use. Concern was raised regarding setting a precedent in the neighbourhood. 

Resolved:

For Application N/13/00622/FUL

Planning Permission be DELEGATED to the area development manager to put in suitable conditions, including for boundary design and for any vegetation to be native species, and in addition to remove permitted development rights.

The area development manager introduced the application. Dominos pizza in Calne proposed to increase sales from the unit to be able to operate until 12 midnight with the addition of delivery sales until 1.00am on Friday and Saturday nights only. Letters had been received regarding anti-social behaviour, however the environmental health department did not object to the proposal.   

The committee then had the opportunity to ask technical questions of the officer. It was confirmed the change in hours could be agreed for a temporary period and then not be brought back to the committee, but delegated for an officer to agree or otherwise.  

The local councillor, Councillor Howard Marshall highlighted the Town Council were strongly opposed to changing the hours, however licenses of nearby comparable businesses suggested there were not grounds for refusal.

Resolved:

For Application N/13/00755/FUL 

The area development manager introduced the application. There had been permission for a single storey dwelling on the site but this had since lapsed. Concern was raised over the size and height of the proposed dwelling.

The committee then had the opportunity to ask technical questions of the officer. There were no questions raised.

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

The local councillor, Councillor Howard Greenman highlighted the applicants had been involved in a lengthy process to work with the planning department from the pre-application stage and to address their concerns.

A short discussion took place regarding communication with the planning department, whether this was a suitable proposal for the plot and the want for a clearer drawing of the proposal. 

Resolved:

For Application N/13/01090/S73A 

Planning Permission be GRANTED

Subject to the following conditions:

1)       The variation of hours contained within condition 2 of this permission shall be discontinued and the hours of operation returned to those approved under planning permission 12/00198/S73A on or before 30th July 2014 with a review in 12 months by the area development manager and the application not to be brought back to the committee, unless called in by the local councillor.

Reason: To allow monitoring of the revised opening times

2)       The use hereby permitted shall be for the sale of pizzas only and no other hot food takeaway. There shall be no cooking or sale of pizzas outside the hours of 09:00-24:00 on any day except Fridays and Saturdays when cooking and delivery of pizzas shall be permitted until 01:00 hours.

Reason: To protect the amenity of the local residents.

3)       Any fixed plant associated with the proposed development shall be so sited and designed as to not exceed the following criteria: 45dBA3q(1hr) and noise rating (NR) curve 40dBA, when measured at 1m from any residential window.

Reason: To protect the amenity of nearby residents.

4)       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  ...  view the full minutes text for item 82.

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.