Agenda and minutes

To receive any apologies for absence.

Apologies were received from Cllr Douglas and Cllr Groom.

Cllr Groom was substituted by Cllr Lay.

To approve and sign as a correct record the minutes of the meeting held on 2 April 2014.

The minutes of the meeting held on 2 April 2014 were presented.

Resolved:

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.

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 Monday 14 April 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 later published as an agenda supplement, in respect of applications 6a and 6e as listed in the agenda pack.

With the approval of the Chairman, application 13/00958/S73A, Oaksey Park, Lowfield Farm, Oaksey, Wiltshire was considered first.

The Chairman explained that prior to the Committee meeting further evidence had been provided which needed to be considered, and as a result of this further evidence it was unsafe to debate the item.

It was resolved to;

Defer the application.

Sheena Audrey, Peter Davis, Charlotte Dines and Cllr Rod Taylor spoke in objection to the application.

Ben Pearce spoke in support of the application.

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

The application was for the construction of a building for the storage of fine wine which was 6,200 square meters in total, and was on a site of 17 hectares. The building proposed was substantial in size, being a total of 132 meters long, 70 meters wide and 11 meters high. An extensive landscaping scheme was proposed. The landscaping officer had confirmed that the impact of the building would be limited to particular viewpoints.

The Committee had the opportunity to ask technical questions of officers and it was confirmed that a drainage scheme did not form part of the application. The structure would sit on the existing site level and some areas of the ground level would be raised. 

Members of the public addressed the Committee as detailed above.

The local member, Cllr Tonge addressed the Committee and spoke in objection to the application, noting the mass of the structure, its location in the countryside and its impact on the landscape.

In the debate that followed the Committee noted the size of the structure, its rural setting and the potential for the site to result in further above ground developments.

It was resolved to;

Refuse planning permission for the following reason.

By reason of its scale, massing and external appearance, the proposed building would not respect the character and distinctiveness of the rural locality and landscape.  As such, the proposed development would be contrary to the provisions of Policies C3 and NE15 of the adopted North Wiltshire Local Plan 2011.

John Ingleson spoke in objection to the application.

Rob Dance spoke in support of the application.

The officer introduced the report which recommended that condition 13 to planning permission 09/00079/COU be varied.

The officer explained that although the site itself was in Wiltshire, the adjacent road was maintained by Swindon Borough Council. Planning permission to extend the site had been granted in 2009, and condition 13 of that permission had set a start and completion date for the importation of fill to the site, which subsequently expired in December 2013.

The Committee then had the opportunity to ask technical questions of officers and it was confirmed that 282,000 cubic meters of fill was required to complete construction. 192,000 cubic meters had been delivered. Approximately 141 HGV movements would occur from the site each day.

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

The local member, Cllr Groom was absent and Cllr Lay spoke on her behalf. She noted the condition of the adjacent road and questioned its suitability for use by HGVs.

It was resolved;

That planning permission be GRANTED subject to conditions imposed under 09/00079/COU together with minor amendments to wording of conditions so as to reflect the fact that development has already commenced, including conditions 03 (Ecology), 08 (hours of operation), 12 (duration of construction phase) and additional condition 14 (survey of highway damage), to read as follows :

1)    All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first occupation of the building(s) or the completion of the development whichever is the sooner; All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any trees or plants which, within a period of five years, die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local planning authority. All hard landscaping shall also be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme to be agreed in writing with the Local Planning Authority.

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

2)    Development shall take place in complete accordance with the approved surface water drainage scheme for the site (prepared by DJP Consulting Engineers, April 2009), which was based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development. In particular, run off from the site following development to not exceed Greenfield rates calculated on page 2 of the letter from DJP Structural and Civil Engineers dated 21 October 2009

Reason: To prevent the increased risk of flooding, to improve and protect water quality, improve habitat and amenity and ensure future maintenance of these.

3)    Within  ...  view the full minutes text for item 43.

Mark Willis and Tony Gill spoke in support of the application.

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

He explained that the application was for the change of a retail unit into a gym. The proposal included an extension to the side and to the rear of the property and an alteration to the building frontage. The application included a noise assessment.

The Committee then had the opportunity to ask technical questions of officers and it was confirmed that further planning permission would be required for the installation of air conditioning units. The opening hours were not restricted through conditions. Environmental Health officers had not raised any concerns regarding noise levels. Although the building concerned was not listed, others in the vicinity were.

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

The local member, Cllr Caswell spoke in objection to the application. He noted that the proposed extension would create a unified frontage with the listed buildings adjacent to the site and that the fire escape had been moved as part of the proposal.

In the debate that followed the Committee noted the increased number of service businesses in the vicinity and the potential for the development to assist the night-time economy.

It was 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 & Country Planning Act 1990 as amended by the Planning & Compulsory Purchase Act 2004.

2)    No development shall commence on site until details of the formal noise assessment as required by the Environmental Health Officer email dated 06.02.2014 and mitigation measures (if any) have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details and decibel rating. 

REASON: In order to prevent loss of amenity to the flats through the noise and to ensure the viability of the business from unnecessary enforcement action from Public Protection.

3)    No development shall commence on site until details of the materials to be used for the external walls and roof 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 this part of the Conservation Area and adjacent Listed Buildings.

4)     The following plans and documents were taken into account in the consideration of the application:

Dwg No: 2472/01  Various                                                             Dated 06.12.2013

Dwg No: 2472/02A Plans and elevations as existing                               13.12.2013      

Part Superseded Dwg No: 2472/03A  Plans & elevations as proposed   13.12.2013

Revised Dwg No: SK.01      New shop front with two glazing bars           06.02.2014

Additional Information on Ceiling Treatments                                           21.03.2014

INFORMATIVES TO THE APPLICANT:-

1.    The applicant is requested to note that this permission does not  ...  view the full minutes text for item 44.

Mike Moss spoke in objection to the application.

Gina Butler spoke in support of the application.

The officer introduced the report which recommended that planning permission be delegated to the Area Development Manager to grant subject to a s106 agreement and conditions.

Outline approval for the construction a building on the site was previously granted, and the application before the Committee included slight amendments to the original plans.

The Committee then had the opportunity to ask technical questions of officers and it was confirmed that any external building materials would be subject to approval.

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

The local member, Cllr Thomson spoke in support of the application. He noted the need to minimise disruption to local residents and to improve the quality of the final build. He highlighted the need for an agreed finished floor level, a condition survey on the site lane and the need to ensure that a fire hydrant close to the site was clearly painted and left serviceable.

In the debate that followed the Committee noted the importance of achieving a high quality finish, the need to control deliveries to the site and to ensure that the garage was used for parking a vehicle.

It was resolved to;

DELEGATE to Area Development Manager for APPROVAL subject to the applicant entering into a legal agreement under S.106 of the Town and Country Planning Act 1990 in respect of the provision of a financial contribution towards public open space and affordable housing, as required by policies CF3 and H6 of the adopted North Wiltshire Local Plan 2011 and subject to the following conditions:

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.