Agenda and minutes

To receive any apologies for absence.

Apologies were received from Cllr Trotman, Cllr Crisp and Cllr Killane.

Cllr Trotman was substituted by Cllr Berry and Cllr Crisp was substituted by Cllr Lay.

To approve and sign as a correct record the minutes of the meeting held on Wednesday 12 March 2014.

The minutes of the meeting held on 12 March 2014 were presented.

Resolved:

Subject to amending the meeting times and the reason to refuse application 13/05388/FUL – 30 Stone Lane, Lydiard Millicent, to include reference to the garage; to approve as a true and correct record and sign the minutes.

There were no declarations of interest.

To receive any announcements through the Chairman.

The Chairman explained that application 13/00958/s73a – Oaksey Park, Lowfield Farm, Oaksey was withdrawn from the agenda. A report relating to the application had not been made publicly available because it was considered to contain personal and financially sensitive information. Following a request under the Freedom of Information Act, a redacted version of the report was made available. Following legal advice, the redacted report was published on the Wiltshire Council website, and the application was withdrawn to allow for consideration of the report.

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 26 March 2014. 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.

Attention was drawn to the late list of observations provided at the meeting and attached to these minutes, in respect of applications 8 and 9 as listed in the agenda pack.

Application 13/00958 – Oaksey Park, Lowfield Farm, Oaksey, Wiltshire was withdrawn from the agenda and was not considered by the Committee.

Jonathan Hearn and Mrs Phillips spoke in objection to the application.

Andy Wakeley Mr Patnaik and Cllr John Bennett spoke in support of the application.

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

She explained that the majority of the structures on the site would be demolished under the proposal. Much of the vegetation on the site was overgrown and there was a high hedge at the front of the site. Highways officers had objected to the development on the grounds of sustainability. The proposed development did not accord with planning policy and although fly tipping and anti-social behaviour occurred in the area, the officer did not believe that these provided sufficient reason to grant planning permission. She noted the late observations which were circulated at the meeting and were published as an agenda supplement.

The Committee then had the opportunity to ask technical questions of officers and it was confirmed that the site did not have brownhill status.

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

The local member Cllr Groom spoke in support of the application. She highlighted the problems with fly tipping in the area and noted that the application had received support from the Parish Council. 

In the debate that followed the Committee discussed planning policy, and the lack of policy justification for the development. The Committee noted other disused agricultural land in Wiltshire, and the possibility that allowing the development could result in a floodgate of similar applications. 

It was resolved to:

REFUSE planning permission for the following reasons:

1)    The proposal is for a new dwelling in the countryside without special justification contrary to policies C3 and H4 of the North Wiltshire Local Plan 2011 and guidance given in 6 of The National Planning policy Framework 2012.

2)    The proposal, located remote from services, employment opportunities and being unlikely to be well served by public transport is contrary to key aims of local and national sustainable transport policy guidance which seeks to reduce growth in the length and number of motorised journeys. It is therefore contrary to policy C3 and the tenor and guidance given in National Planning Policy Framework 2012.

3)    The Council has been unable to secure a Section 106 Agreement in respect of financial contributions to upgrade Public Open Space in the area. The development is thus contrary to Policies H3 and CF3 of the adopted North Wiltshire Local Plan 2011.

Philippa Hussey, Richard Hussey and Cllr Chris Wannell spoke in support of the application.

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

She highlighted an error in the report, and confirmed that the site should be described as a dwelling in association with an equine enterprise. The site was contained within open fields, to the north of a flood zone. There was one single mare on site, with a foal imminent which the applicant hoped would increase to three mares with offspring resulting in a total of 15 horses on site. There was no way to control the value of the stock and the application did not contain a financial plan to set out how the development could produce an agricultural wage.

The Committee then had the opportunity to ask technical questions of officers and it was confirmed that a bus service ran close to the site. It was also confirmed that the plan contained within the agenda was incorrect.

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

The local member Cllr Hurst spoke in support of the application. He noted the lack of local objection to the application, policies C4 and T1 of the Local plan and a number of services on site and in the local area including water, a BT connection and a bus service.

A motion to delegate to the Area Development Manager to grant planning permission subject to conditions was moved and seconded, voted on and lost.

In the debate that followed the Committee noted the lack of a financial plan, and the potential for the planning application to lead to other similar developments. The specialist nature of the industry was noted as was the shortage of horses available to compete.

It was resolved to:

REFUSE planning permission for the following reasons:

1)    The application is for a new dwelling in the countryside without sufficient justification and is thus contrary to policies C3 and H4 of the North Wiltshire Local Plan 2011 and guidance contained in section 6 of the National Planning Policy Framework 2012.

2)    The proposal, located remote from services, and being unlikely to be well served by public transport, is contrary to the key aims of both National and Local Planning Policies which aim to encourage sustainable development. It is therefore contrary to policies C3 of North Wiltshire local Plan 2011 and the advice and tenor the guidance given in the National Planning policy Framework 2012 on promoting sustainable development.

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.