Agenda and minutes

To receive any apologies for absence.

Apologies were received from Cllrs Marshall and Douglas.

Cllr Marshall was substituted by Cllr Ansell.

Cllr Douglas was substituted by Cllr Allen.

To approve and sign as a correct record the minutes of the meeting held on 10 July 2013.

The minutes of the meeting held on 10 July were presented.

Resolved:

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

Cllr Sturgis declared an interest in agenda item 7c, 13/01174/FUL – The Forge, High Street, Malmesbury. He declared he would participate in the debate and vote with an open mind.

To receive any announcements through the Chairman.

The Committee gave its thanks to Rosemary Lansdowne, Senior Planning Solicitor for her work over the past two years and wished her well in her new role.

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 24 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 and 7c as listed in the agenda pack.

Public participation

Charles Manning spoke in support of the application.

Cllr John Scragg spoke in objection to the application

The officer introduced the report which recommended planning permission be delegated to the Area Development Manager to approve subject to the completion of a Section 106 agreement.

He explained that after negotiation the external finish had been amended so as to be predominately painted render, in keeping with the neighbouring property, No. 5 Chestnut Road. The Committee’s attention was drawn to the known intermittent parking problems on Chestnut Road, and it was explained that planning proposals can only address the direct impacts of development and cannot be expected to remedy a pre-existing situation. The proposal made adequate provision to meet the needs of the development proposed for off street parking against the Council’s adopted standards.

There were no technical questions asked.

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

The local member, Cllr Linda Packard spoke in objection to the application, noting the lack of a bay window being out of character and appearance with other properties in the area and the revised driveway arrangements resulting in a loss of a parking space.

In the debate that followed the Committee noted that there were other one off developments near the proposal and that the design was to the satisfaction of the officer.

Resolved:

To DELEGATE authority to the Area Development Manager to grant the application, subject to completion of a Section 106 legal Agreement, for the following reason:

The proposed development, by virtue of its location, siting, scale, massing, design and materials, is acceptable in principle and will not harm the character or appearance of the site or its setting.

The proposal will not result in detriment to residential amenity or highway safety and as such accords with Policies C3 and H3 of the adopted North Wiltshire Local Plan 2011 and Sections 6 and 7 of 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 inspected on site 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.     The development hereby permitted shall not be first occupied until the first five metres of the access, measured from the edge of the carriageway, has been consolidated and surfaced (not loose stone or gravel). The access shall be maintained as such thereafter.

REASON: In the interests of highway safety.

4.     No part of the development  ...  view the full minutes text for item 91.

Public participation

Mr Downes and Mr Stuchbury spoke in objection to the application.

Mr Stevens spoke in support of the application.

Cllr Pauline Lyons, Box Parish Council spoke in objection to the application.

The officer introduced the report which recommended planning permission be granted subject to conditions, and drew attention to the late observations tabled at the meeting. He highlighted the issues as being the principle of the development in the green belt, the impact on the openness of the green belt, the impact on the visual amenity of the street scene, the impact on the area of outstanding natural beauty, the impact on neighbouring amenity and land stability.  He noted that the existing dwelling was in a poor state of repair and explained that the proposed building had been re-orientated by approximately 15 degrees which allowed for views down the valley and meant that no windows looked directly into the neighbouring property’s lounge room. The Committee was reminded of paragraph 60 of the NPPF which stated that ‘decisions should not attempt to impose architectural styles and they should not stifle innovation, originality or initiative. It is, however, proper to seek to promote local distinctiveness.’

The Committee then had the opportunity to ask technical questions of the officer during which the 4m hedge height was queried and it was confirmed that this could be added as an informative or to the landscape management plan. The issue of subsidence was raised and it was explained that although there was no policy for it within the plan, the science was feasible, achievable and correct. Confirmation was given that the Council’s Building Control Officers had reviewed the proposals and considered them to be sound based on the available information.

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

The local member, Cllr Sheila Parker spoke in objection to the application, noting that the increase in volume of 25% would have an impact on the openness of the green belt; the design was not in keeping with others and raised concern over destabilisation.

In the ensuing debate the Committee noted that the existing building was in a poor state of repair being an insurance write off and that a 25% increase in volume was acceptable.

Resolved:

To GRANT planning permission for the following reason:

The proposed development will not be materially larger than the dwelling it will replace and will preserve the openness of the Green Belt. The proposal would have a contemporary design but would not cause harm to the area or the landscape character of the Area of Outstanding Natural Beauty. The proposal would also not result in the loss of neighbouring residential amenity.

The proposal therefore accords with Policies C3, H4, NE1, NE4 and NE14 of the adopted North Wiltshire Local Plan 2011 and Sections 7, 9 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  ...  view the full minutes text for item 92.

Public participation

Ms Phillips spoke in objection to the application.

Mr McAleavy and Mr Andrew Poynton spoke in support of the application.

The officer introduced the report and drew attention to the late observations which recommended planning permission be delegated to the Area Development Manager to grant subject to the completion of a Section 106 agreement and conditions. He confirmed that the site was not within the town centre and not considered a retail unit. The applicants had worked with officers to maintain a more industrial style frontage and submitted revised plans which maintained the parapet wall at its current level.

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 as detailed above.

The local member, Cllr Simon Killane noted the clarification over the change of use and confirmed that further discussions with Malmesbury Town Council on both this and the work done to mitigate privacy concerns had resulted in the removal of any objections.

A short discussion took place regarding evolving buildings and accepting alternate uses for properties.

Resolved:

To DELEGATE to the Area Development Manager to grant planning permission subject to the completion of a Section 106 Agreement for the following reason:

The proposed development, by virtue of its design and revised appearance, will not harm the character or appearance of the host dwelling or its setting in a Conservation Area and will not in any case result in the loss of residential amenity. The proposal therefore accords with Policies C3, H3, CF3 and HE1 of the adopted North Wiltshire Local Plan 2011 and Sections 7 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.     The materials to be used in the construction of the external surfaces of the development hereby permitted shall match in material, colour and texture those used in the existing building.

REASON: In the interests of visual amenity and the character and appearance of the conservation area.

POLICY- C3 and HE1 of the North Wiltshire Local Plan 2011.

3.     No development shall commence on site until a sample wall panel, not less than 1 metre square, has been constructed on site, inspected and approved in writing by the Local Planning Authority. The panel shall then be left in position for comparison whilst the development is carried out. Development shall be carried out in accordance with the approved sample.

REASON: In the interests of visual amenity and the character and appearance of the conservation area.

POLICY- C3 and HE1 of the North Wiltshire Local Plan 2011.

4.     Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as  ...  view the full minutes text for item 93.

Public participation

Mr Watt-Jones spoke in objection to the application.

Mr and Mrs Labouchere and Mr Richards spoke in support of the application.

The officer introduced the report which recommended planning permission be refused. He noted the site benefits from consent for a dwelling, however the approved scheme was not well supported. He explained that the proposal’s scale, bulk, mass and especially height did not respect characteristics and constraints of the location. Additional information had been submitted by the applicants at the start of the meeting regarding the drainage and flooding matters however there had been no time to review and therefore this could not be commented on. The ecologist had signed off the approved scheme however as the proposal now included a basement element this information would need to be updated. He acknowledged that he had not asked the applicants to submit further information due to the costs involved and that refusal was also recommended around the design and character and the lack of a Section 106 Agreement.

The Committee then had the opportunity to ask technical questions of the officer and it was noted that examples of materials shown was a preferred option to ensure appropriateness.

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

The local member, Cllr Howard Greenman spoke in support of the application, recognising the lack of support for the existing scheme and noting the proposal was more sympathetic to its surroundings. He drew the Committee’s attention to their decision on a previous application heard at this meeting and urged them not to be inconsistent with their decision-making.

A debate followed, during which concerns were raised over the scale of the proposal and materials used. The Committee noted that there was a variety of properties within the village that were made out of a variety of materials including Bradstone. It was noted that the parish council and villagers were in support of the application and the design was in keeping with other two storey properties in the village. Concerns were raised over the use of aluminium windows in a conservation area, the need to see sample panels of the materials used, the risk of flooding and the effect on the water voles.

A motion to move the officers recommendation was seconded. A vote was taken and lost.

Resolved:

To DELEGATE authority to the Area Development Manager in consultation with the Chairman of Northern Area Planning Committee to grant the application for the following reason:

The development is considered to respect the character of the locality, to preserve the character and appearance of the conservation area and will not have a harmful impact upon the setting of the Grade II* listed Church of St Michael and its Grade II listed lychgate.  The proposal complies with Policies C3, H3, HE1 and HE4 of the adopted North Wiltshire Local plan and the National Planning Policy Framework.

Subject to:

i)                The submission of satisfactory assessments and information to resolve the  ...  view the full minutes text for item 94.

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.