Agenda and minutes

To receive any apologies for absence.

Apologies were received from Cllrs Hutton, Marshall and Packard.

Cllr Hutton was substituted by Cllr Greenman.

Cllr Marshall was substituted by Cllr Ansell.

Cllr Packard was substituted by Cllr Allen.

To approve and sign as a correct record the minutes of the meeting held on 11 September 2013 .

The minutes of the meeting held on 11 September 2013 were presented.

Resolved:

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

Cllr Greenman declared an interest in agenda item no. 7c, being the local member. 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 25 September 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 application 7b as listed in the agenda pack.

Public Participation

Mr J Hughes, Miss Pears and Mr Nigel Whitehouse spoke in support of the application.

The officer introduced the report and drew attention to the item being deferred at the 29 May meeting to obtain further information from the applicant and an independent review of the information submitted on marketing and viability.

The conclusion in section 9 of the report detailed the findings of the independent report and noted that the development was in line with adopted and emerging policies and strategy. It was found to be unviable as a pub, and there had been no further expressions of interest.

There were no technical questions asked.

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

The local member was not present.

The Committee noted that the other hostelry in the village was owned on a community basis and no-one had come forward to purchase it as a community facility.

Resolved:

In respect of 13/00477/FUL:

To delegate authority to the Area Development Manager to grant planning permission, subject to the signing of a Section 106 agreement; 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 sample panels of stonework for the walling to the house and boundaries, not less than 1 metre square, have been constructed on site, inspected and approved in writing by the Local Planning Authority.  The panels shall then be left in position for comparison whilst the development is carried out. Development shall be carried out in accordance with the approved samples.

REASON: In the interests of the listed building, it’s setting, visual amenity and the character and appearance of the area.

3.     No development shall commence on site until a sample panel of the render to be used on the external walls not less than 1 metre square, has been made available 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 the listed building, its setting, visual amenity and the character and appearance of the area.

4.     Notwithstanding the approved drawings, no works shall commence until details of the following have been submitted to and approved in writing by the Local Planning Authority:

(i)              Large scale details of all external joinery including metal-framed glazing (1:5 elevation, 1:2 section) including vertical and horizontal cross-sections through openings to show the positions of joinery within openings, depth of reveal, heads, sills and lintels;

(ii)            Large scale details of  all internal joinery (1:5 elevation, 1:2 section);

(iii)           Full details of proposed rooflights, which shall be  ...  view the full minutes text for item 125.

Public Participation

Simon Roper-Pressdee and Elizabeth Breakspeare spoke in support of the application.

The officer introduced the report which recommended refusal due to the scale and size dominating the listed building. He noted the work done between the applicant and officers to address all other issues.

The Committee then had the opportunity to ask technical questions of officers and it was clarified that the proposed extension would be built onto an existing party wall, resulting in the removal of guttering and tiles. It was acknowledged that this could be dealt with by condition should the Committee be minded to approve. The size and scale of the two storey rear extension affected the size and simplicity, and lost the relationship with the outbuilding. The air source heat pump shown on one of the presentation slides was confirmed as not being part of the proposed scheme. 

Members of the public than had the opportunity to address the Committee as detailed above.

The local member, Cllr John Thomson noted that the proposal had both his and the parish council’s full support. He urged the Committee to support the proposal which delivered the needs of the family, allowing them to stay in the village, and would restore the adjoining building and tidy up poor pipe work.

In the debate that followed the Committee noted the late observations tabled at the meeting which confirmed the support of the parish council. The existing extension was not deemed as suitable and the proposal was a quality build. The Committee understood the need for it to be usable.

Resolved:

In respect of N/12/03809/FUL and N/12/03810/LBC:

That authority is delegated to the Area Development Manager to approve both applications subject to conditions to be prepared by Officers and to include a condition relating to the submission and agreement of details in respect of the guttering arrangement with the neighbouring property at 38 High Street, Sherston. This condition to be worded:-

Prior to the commencement of development hereby permitted details  in respect of the proposed works affecting existing gutters on 38 High Street, Sherston and proposals for the provision of new and re-arranged guttering shall be submitted to the Local Planning Authority and agreed in writing.

REASON: In the interests of providing appropriate and adequate surface water drainage and the protection of the historic fabric of the Listed Building.

N/12/3809/FUL approved as the proposed two storey extension would result in an overall enhancement to the character of the listed building, would not cause significant harm to the architectural and special historic quality of the building, adjacent dwellings and the character and appearance of the Conservation Area; and the proposal would be a sustainable form of development meeting the accommodation requirements of local residents. The development is in accord with Section 12 of the National Planning Policy Framework, S66(1) and S.72 of the Planning (listed Buildings and Conservation Areas) Act 1990 and Policies C3, HE1, & HE4 of the North Wiltshire Local Plan 2011 and Core Policies 57 & 58  ...  view the full minutes text for item 126.

Public Participation

Barry Heath spoke in support of the application.

The officer introduced the report which recommended that permission be delegated to the Area Development manager to grant permission subject to the signing of a Section 106 agreement with conditions. Attention was drawn to the mixed character of the locality meaning the proposal was not harmful enough to refuse

No objections had been received from highways with the existing private access and there were no concerns over the extra generation of movements.

Initial concerns resulted in revised proposals to give the character more accord with the locality and windows had been removed to avoid overlooking.

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 Howard Greenman noted the revised proposals but felt the proposal’s height and imposition made the nearby cottages subservient. He was concerned over highways with there being a recent accident in the area and complaints received over parking outside the cottages. He asked for clarification over how conditions can be imposed on land that may not belong to the applicant.

In the debate that followed it was confirmed that conditions can be imposed on land not under the applicant’s control, called grampian conditions, and work could not proceed unless these are met. Confirmation was given that the hedge would not be removed, as seen on the submitted plans. The Committee noted that the applicant had taken consideration of overlooking in their revised proposals. Noting the design of the building with the eaves meeting the small windows, the size of the plot and given the mix of houses in the locality the Committee found no reason to say it was out of character.

Resolved:

To delegate authority to the Area Development Manager to grant planning permission subject to the signing of a S106 Agreement and 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 development hereby permitted shall be carried out in accordance with the following approved plans:

Revised Dwg No: EVA/801/PL/09/13/001/C Rev C     Dated 16^th September 2013

Revised Dwg No: EVA/801/PL/09/13/SK1/B Rev B 16^th September 2013  

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

3. No  development  shall  commence  on  site  until  details  and  samples  of  the materials to be used for the external walls of both the house and the boundary wall as well as house roofs have been made available on site and the details 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.

4. No development shall commence on site until details  ...  view the full minutes text for item 127.

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.