Agenda and minutes

To receive any apologies for absence.

Apologies were received from Cllr Christine Crisp.

Cllr Christine Crisp was substituted by Cllr Chuck Berry.

To approve and sign as a correct record the minutes of the meeting held on 13 November 2013.

The minutes of the meeting held on 13 November were presented.

Resolved:

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

To receive any declarations of disclosable interests or dispensations granted by the Standards Committee.

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 27 November 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.

To consider and determine planning applications as detailed below.

Attention was drawn to the late list of observations provided at the meeting and available on the website with the agenda pack, in respect of applications 13/02453/FUL, 13/04030/FUL, N/13/2191/FUL, 13/01776/OUT and 13/01856/CAC as listed in the agenda pack.

Public Participation

David Pierce and Tony Gill spoke in support of application.

The officer introduced the report which recommended that planning permission be refused.

He explained that a previous planning application to extend the rear of the property had been refused, and was dismissed on appeal. Attention was drawn to the late observations which detailed the comments of the Inspector in his decision to dismiss the previous application, and in particular the views and issues that the Inspector considered to be relevant in relation to that proposal. Although the proposal before the Committee was for a smaller extension than the previously refused application, its scale and massing did not overcome the previous reasons for refusal and subsequent appeal dismissal.

The Committee then had the chance to ask technical questions of officers and it was confirmed that as the property had already been extended the potential was there to lose the integrity of the original cottage. Removing the conservatory could benefit the character however its loss did not justify the scale of the extension. 

Members of the public then addressed the committee as detailed above.

The local member, Cllr Tonge addressed the committee and highlighted the lack of objection from the National Trust, Parish Council and local community. He noted extensions to other properties in the local area being out of character, the remote location of the property and its ability to blend into the countryside.

In the debate that followed Committee members discussed their support for the application. They noted the benefit of removing the conservatory and replacing it with an extension, and felt as there were no objections the local community and Parish Council interests had been looked after. It would promote the enjoyment of the building.

Resolved:

To DELEGATE to the Area Development Manager to grant permission subject to conditions on materials, design and those necessary for the conservation area, the wording of which to be drafted by officers

REASON:

When assessed in conjunction with the already extended property, the additional massing is considered appropriate. It is considered appropriate within the setting of  Bowden Hill Conservation Area. It therefore complies with the aims of policies C3, HE1 and H8 of the North Wiltshire Local Plan 2011 and Section 7 of the National Planning Policy Framework 2012.

Public Participation

Angus Boyd and Cllr Paul Reynolds spoke in objection to the application.

Ben Pierce spoke in support of the application.

The officer introduced the report which recommended that planning permission be granted subject to conditions.

She explained that the application was for a B2, heavy industrial unit. A previous planning application to expand the site into the adjacent grassy area was rejected as it was deemed to be an encroachment on the countryside, however the landscaping in the proposal was all contained withing the existing site. The proposed building was similar design to the converted agricultural units currently on the site. Units previously identified as B1 or B2 use had been found to be under B8 occupation and an application to change the use on these had been granted. The site had 77 parking spaces overall which was considered an over provision after the reclassification of buildings. This is now reduced to 69 to allow for better turning space.

There were no technical questions asked.

Members of the public then addressed the Committee as detailed above.

The Local Member, Cllr Greenman spoke in objection to the application, noting it’s rural location, significant access concerns and availability of alternative facilities nearby.

In the debate that followed the Committee noted that it was unfair to ask the applicant to address historic issues around highways safety. It was acknowledged that whilst the site management strategy would detail allocation of areas for commercial vehicles, delineated parking spaces, good practice and condition delivery hours it was not possible to govern roadway.  The provision of employment in the area was noted.

Resolved:

Planning permission be GRANTED 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 new commercial building shall not be brought into use until all of the car parking spaces as identified on plan LDC.1620.A.002C have been painted and laid out across the site. The applicant shall write to the Local Planning Authority to arrange a site meeting to demonstrate that the parking spaces have been provided in accordance with the plan in order to discharge the condition.

REASON: In the interests of Highway Safety.

3. The Business Park shall operate under the submitted Site Management Strategy Document at all times unless authorised by the Local Planning Authority.

REASON: In the interests of Highways Safety.

4. 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 adjacent building (Unit 14).

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

5. All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first  ...  view the full minutes text for item 8.

Public Participation

David Smith, Gillian Rupp, Martin Fine and Cllr Heather Canfer (Calne Town Council) spoke in objection to the application.

The officer introduced the application which recommended that planning permission be granted subject to conditions.

She explained that planning permission for the construction of a sports hall, swimming pool and squash courts had been granted in 1998. The proposal before the Committee was a revision to the existing permission although it was slightly smaller in size. It amended the design and detail to reduce the impact on the listed building and wall and made improvements to the materials and finish previously agreed. The proposal included the relocation of 20 existing parking spaces to another location with an additional space. 

The Committee then had the chance to ask technical questions and it was confirmed that the listed cottage next to the site was owned by the school. The Committee noted that if they refused the application, the school could build a sports hall of a larger size under the 1998 permission. It was confirmed that the access to the school would not change and that the existing swimming pool and proposed sports hall would be used principally by the school.

The public then addressed the Committee as detailed above.

The local member, Cllr Trotman addressed the Committee and spoke in objection to the application.

In the debate that followed the Committee noted the additional and amended conditions seen on the late observations. The need to be mindful of funerals in the cemetery and use of materials with a higher acoustic value was discussed. The need to use shutters/blinds at night was agreed.

Resolved:

To GRANT planning permission 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 be 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)    The development hereby permitted shall be carried out in accordance with the following approved plans: 2770D, 2771B, 2003B, 2040A, 2044A, 2041A, 2040A, 2043A, 2201D, 2043A, 2102F, 2001C, 2200G, 2204B dated 20th August 2013, 2103A dated 30th October 2013; 2100 Issue L, 2101 Issue M, 2102 Issue G, 2300 Issue L dated 3rd December 2013

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

4)    No part of the development hereby approved shall be first occupied until the parking area for shown on the approved plans for all 102 spaces has been consolidated, surfaced, de-lineated and laid out in accordance with the approved details  ...  view the full minutes text for item 9.

Public participation

Kate Covill and Peter Gantlett spoke in support of the application

Cllr Peter Willis (Lydiard Tregoze Parish Council) spoke in objection to the application.

The officer introduced the application which recommended that planning permission be granted subject to conditions.

He explained that proposed site was agricultural land beside the M4. Under the proposal, solar panels would be grouped in lines and will be 2.5 meters high. The panels would not cover the pipeline running through the site, and two areas of archaeological interest would be left clear. Footpaths running through the site would not be diverted as part of the scheme. The site has good access to the national grid due to close power lines. The proposal included a condition that following 25 years, or cessation of use, the site would be returned to agricultural land. He noted that Highways Agency raised no objection to the development which would include planting on the boundary to screen the M4.

The officer drew attention to the late observations which stated that condition 12 in the original proposal was no longer required.

The Committee then had the opportunity to ask technical questions and it was confirmed that the Highways Department were satisfied with how the panels would be fixed and Sustrans opinion had been sought

Members of the public then addressed the committee as detailed above.

The local member, Cllr Groom then addressed the Committee, explaining that the reasons for call-in had been mitigated where possible.

In the debate that followed, the Committee noted their support for and the need to encourage green energy sources.

Resolved:

To GRANT planning permission subject to 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 Local Planning Authority shall be notified in writing within one month of the event that the solar array hereby approved has started to feed electricity to the Grid. The installation hereby approved shall be permanently removed from the site and the surface reinstated within 25 years and six months of the date of notification and the local planning authority shall be notified in writing of that removal within one month of the event.

REASON: In the interests of amenity and the finite operation of this type of development.

3)     The development hereby permitted shall be carried out in accordance with the following approved plans and documents:

Drawing Nos:

SH-P-001 Rev 00 1:25000 Location Plan                     

SH-P-002 Rev 00 1:5000 Existing site                                     

SH-P-002 Rev 01 1:2500 Existing site                                     

SH-P-003 Rev 00 1:5000 Proposed site plan                     

SH-P-004 Rev 00 1:5000 Existing topography                   

SH-P-007 Rev 00 1:1000 Long section North to South      

OR-001 Rev 10 1:50 Solar Mounting & modules twin pile  

OR-002 Rev 10 1:50 Perimeter security deer fencing        

OR-003 Rev 10 1:100 Combined DNO & EPC Switchgear Housing

OR-004 Rev 10 1:50  ...  view the full minutes text for item 10.

Public participation

Jo Davis spoke in support of the application.

Tim Woodward spoke in objection to the application.

The officer introduced the proposal, drawing attention to the recommendation in the late observations which recommended that permission be delegated to the Area Development manager to grant subject to a section 106 agreement and conditions

He corrected an error in the report, confirming that 115 dwellings were proposed. He highlighted that zoning will be used to control the type of buildings to be constructed in each area.

The Committee then had the opportunity to ask technical questions and it was confirmed that a condition would protect the zones proposed, and any changes to them would have to be approved by the Committee. Attention was drawn to an error in condition 35 of the report, and it was clarified that the supermarket could sell 20 per cent comparison goods. Conditions would control parking in the supermarket car park and ensure access from Langley Park to the train station.

Concern over traffic flow problems, which would be partially alleviated by the new link road and the installation of traffic signals at the Little George Roundabout. The Retail Impact Assessment indicated that the development would have no adverse impact on Chippenham town centre.

Queries over the heads of terms for the Section 106 agreement confirmed that as there was no impact on the town centre there was no justification for a contribution in that area. Had it been possible to get more money for education it would have been asked for. The 30% affordable housing was in line with the current local plan policy and to ask for any increase would weigh on the viability of the proposal. The Committee noted the need to show the funding required by the Chippenham Transport Strategy within the Section 106 proposal.

Although the parking was not owned by Wiltshire Council the applicants were happy for a condition which would allow its use by town centre visitors.

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

The local member, Cllr Caswill addressed the Committee. He urged the Committee to defer the application. He noted that the development was crucial for Chippenham, and supported the demolition of the majority of the existing buildings. Social housing was a vital issue, and he praised the extensive public consultation. He highlighted the need to ring-fence funding for the pedestrian lift at the railway station. He noted concerns regarding the impact of the development on the town centre, additional traffic and highways issues, the lack of open space, the effect on near-by housing and the loss of the White House.

In the debate that followed the benefits of the development to the community were noted. The proposal included a significant contribution to public openspace; and many of the highways issues were pre-existing and would not be resolved by the applicant.

Resolved:

In respect of 13/01776/OUT:

To DELEGATE to the Area Development Manager to grant planning permission subject to  ...  view the full minutes text for item 11.

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.