Agenda and minutes

To receive any apologies for absence.

Apologies were received from Cllrs Howard Marshall and Mark Packard.

Cllr Marshall was substituted by Cllr Killane.

Cllr Packard was substituted by Cllr Watts.

To approve and sign as a correct record the minutes of the meeting held on 31 July 2013.

The minutes of the meeting held on 31 July were presented.

Attention was drawn to the following points:

13/01147/FUL – Glen Echo, Lower Kinsdown Road, Corsham SN13 8BB

The minute referred to the local member as being Cllr Linda Packard – this was incorrect and it was agreed that the minutes be amended to read Cllr Sheila Parker.

13/01174/FUL – The Forge, High Street, Malmesbury SN16 9AT

Councillor Sturgis declared a non-pecuniary interest in this item which had not been reflected in the minutes and it was agreed that the minutes be amended to reflect this.

13/01254/FUL – Garages at Stubbs Lane, Kington St Michael, Chippenham SN14 6HX

The Committee’s attention was drawn to a query that had been received over the accuracy of the minutes and in particular the wording on page 11 of the agenda.

Resolved:

To approve as a true and correct record and sign the minutes, subject to the amendments detailed above.

Councillor Sturgis declared an non-pecuniary interest in agenda item 7b – 13/00746/FUL – Hardenhuish Comprehensive School, Hardenhuish Lane SN14 6HR as Cabinet Member for Strategic Planning, Development Management, Strategic Housing, Property and Waste. He declared he would participate in the debate and vote with an open mind.

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 15 August 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 7a as listed in the agenda pack.

The Committee’s attention was drawn to the need for two votes on the item, both the planning permission and the listed building consent; and the additional information tabled at the meeting.

Public Participation

Mr Webb, Mrs Webb and Peter Rouse spoke in objection to the application.

Tim Gent, Christie Slade and Allan Bosley spoke in support of the application.

Cllr Ashley Juniper, Biddestone Parish Council, spoke in objection to the application.

The officer introduced the report which recommended that, subject to all parties entering into a legal agreement under S106 of the Act, permission be delegated to officers to grant planning permission subject to conditions. He noted several components involved in the design including an art barn, pavilion, maintenance building, gas house / interpretation centre, teaching accommodation, lecture theatre and energy centre; and drew attention to the similarity in design to the existing proposal.

He confirmed that there would be 600 students and 60 teachers, and 365 parking spaces, with 200 reserved for Bath Spa University.

He highlighted the main issues as being the generation of traffic, especially around Hartham Lane, including the junctions at either end of the lane, and in Biddestone.

The Committee’s attention was drawn to the existing permission, the late observations, the improvements of the junction with the A4 that were embedded in the permission and the installation of passing places in Hartham Lane.

The Committee then had the opportunity to ask technical questions of officers and it was confirmed that the number of parking places, being 365 in the proposal, was the same as available now and in the existing permission. The amount of additional traffic was seen as small, and a transport assessment found that a significant majority would turn south to the A4. The Committee was informed that an advisory could be added to suggest traffic turning onto Hartham Park Lane a left turn only.

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

As the application affected two divisions, two local members addressed the Committee. Cllr Jane Scott OBE, local member for By Brook, explained that she had looked at it from two perspectives. As Leader of Wiltshire Council she acknowledged the importance of the scheme, noting how it would lead to richer communities. Being the representative for Biddestone for many years she drew attention to the need to protect it given its location in the Cotswold Area of Outstanding National Beauty, and stressed the need to work together in order to both protect and make progress. She raised concern over delivery traffic coming through the village, requesting that suppliers were closely worked with to ensure this did not happen and that construction traffic was directed all off the A4 and not given an exit off Hartham Park Lane, with strong monitoring being in place to enforce this. She confirmed that she would like to see the exit on to Hartham Park Lane as no left turn, or changes made to the exit to make  ...  view the full minutes text for item 103.

Public Participation

There were no speakers registered for this item.

The officer introduced the report which recommended that permission be granted subject to conditions. He drew attention to 2 errors within the report, firstly that the local member had been incorrectly named as Cllr Nina Phillips, and this should be corrected to Cllr Nick Watts, and secondly within section 2 – Main issues it referred to Section 106 contributions and he confirmed that no Section 106 contributions were being sought.

He highlighted the condition limiting deliveries and collections to a two hour time slot which addressed concerns over the impact of additional vehicle movements and confirmed that environmental health had no concerns over noise nuisance.

The Committee was then given the opportunity to ask technical questions of officers and it was understood that the noise would be similar to that of a gas boiler and result in no increase in background noise.

No member of the public registered to speak.

The local member, Cllr Nick Watts spoke in support of the application.

During the debate that followed the committee discussed the collection of ash and whether it was unreasonable to restrict collections to the specified times.

Resolved:

To GRANT planning Permission for the following reason:

The proposed development, will not harm the setting of the adjacent Grade II* listed building or the amenity of adjoining residential dwellings. The proposal therefore accords with Policies C3, NE9, NE16, CF1 and HE4 the adopted North Wiltshire Local Plan 2011 and Sections 10 and 12 of the National Planning Policy Framework.

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 samples of the timber cladding to be used on the development 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.     The biomass boiler plant shall at all times achieve a Rating Level of 35 dB(A) at the boundary contiguous with the school amnd the neighbouring residential properties. Measurements and assessment shall be carried out in accordance with BS4142:1997.

REASON: In the interests of neighbouring amenity.

POLICY: C3.

4.     No deliveries of fuel in connection with the development hereby approved shall take place outside of the hours of 16.00hrs – 18.00hrs on weekdays. No deliveries of fuel shall take place at weekends or bank holidays.

Reason:  In the interests of residential amenity.

5.     The development hereby permitted shall be carried out in accordance with the following approved plans:

Location Plan – Received 8 March 2013

2888(L) H041 – Received 8 March 2013

2888(L) H051 – Received 8 March 2013

2888(L) H010A Rev A  ...  view the full minutes text for item 104.

Public Participation

Mr Leat spoke in support of the application

Cllr David Pearce, Nettleton Parish Council spoke in objection to the application.

The officer introduced the report which recommended that planning permission be granted subject to conditions. He drew attention to the upper floor design which was set in from the ground floor and therefore further away from the boundary with the neighbour. He explained that there was no adverse impact on the street scene or neighbouring properties.

Member then had the opportunity to ask technical questions of officers and it was confirmed that the stone used would be the same as the existing stone.

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

The local member, Cllr Jane Scott, then addressed the committee and confirmed that whilst the parish council held strong views about overdevelopment in her view the applicant had listened to advice. She drew attention to the many extensions in the area and cottages that had only courtyard gardens and whilst accepting the parish council’s view she felt the application was in an acceptable form.

In the debate that followed it was confirmed that permission for extensions could be granted by officers but would come to committee if called in.

Resolved:

To GRANT planning permission for the following reason:

The proposal by means of its location, design, limited scale and use of materials sits comfortably with the host dwelling and area in general, conserving the natural beauty of the Cotswolds Area of Outstanding Natural Beauty in which it is located. The proposal will not have an unacceptable detrimental impact on the amenities currently enjoyed by the occupants of the neighbouring residential properties. The proposal is therefore considered to accord with the aims of policies C3, H8 and NE4 of the North Wiltshire Local Plan 2011.

Subject to the following conditions:

1.     The development hereby permitted shall be begun before the expiration of three years from the date of 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 development hereby permitted shall be carried out in accordance with the following approved plans:

Site location plan 1:1250 received on 7June 2013

Drawing number D.DL.13/02/01A received on 7 June 2013

REASON:  For the avoidance of doubt and in the interests of proper planning.

3.     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 area.

4.     The natural stonework to be used externally on the proposed development shall match that of the existing building in terms of type, colour, size, dressing and bedding of stone, coursing, type of pointing and mortar mix, unless otherwise agreed in writing by the Local Planning Authority prior to works commencing.

REASON: In  ...  view the full minutes text for item 105.

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.