Agenda and minutes

To receive any apologies for absence.

Apologies were received from Cllr Hurst and Cllr Groom.

Cllr Groom was substituted by Cllr Berry.

Following the Full Council meeting on Tuesday 13 May 2014, a number of changes were made to the Northern Area Planning Committee membership. With immediate effect, Cllr Marshall was made a full Committee member with Cllr Bill Douglas a substitute.

To approve and sign as a correct record the minutes of the meeting held on 23 April 2014.

The minutes of the meeting held on Wednesday 23 April were presented.

The Chairman confirmed that concerns had been raised that the policy reasons cited for the refusal of application 12/03594 – Octavian, Eastlays, Gastard, Wiltshire, SN13 9PP, would not be sufficiently robust in event of appeal. Officers had confirmed that the policy reasons given at Committee were sufficient. Members could raise additional policy reasons in the event of appeal.

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 Wednesday 7 May 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.

To consider the attached Wiltshire Council Heddington 5 (part) Rights of Way modification order 2014.

A statement of objection provided by Andrew Fenwick was circulated to, and understood by members prior to the meeting and a copy of this objection was attached to the minutes.

Cllr Geoff Dickerson spoke in support of the application.

The Officer introduced the Rights of Way report which recommended that the Wiltshire Council Heddington 5 (part) Rights of Way Modification Order 2014 be sent to the Secretary of State for Environment, Food and Rural Affairs with the recommendation that it be confirmed as made.

She explained that an application had been received to record the area concerned as a by-way open to traffic. This application was not considered within the year period, and as a result an appeal was made to the Planning Inspectorate, who directed Wiltshire Council to consider the case. Following consideration, Wiltshire Council refused the application, and this decision is currently under appeal.

The matter before the Committee concerned an order to define the full width of the area as footpath. A representation and an objection were received and as a result the Order must be sent to the Inspectorate for determination.

There were no technical questions.

Members of the public addressed the Committee as detailed above.

In the debate that followed members thanked the officer for her clear and comprehensive report.

In was resolved;

That the Wiltshire Council Heddington 5 (part) Rights of Way Modification Order 2014 be sent to the Secretary of State for Environment, Food, Rural Affairs with the recommendation that it be confirmed as made.

John Armstrong and Cllr Johnny Walker spoke in support of the application.

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

He explained that the application was for a side extension to enclose a swimming pool on a grade II listed property. Under the proposal, the existing single story extension would be contained within the pool enclosure.

The Committee had the opportunity to ask technical questions of officers and it was confirmed that a previous planning application had been refused and that the conservation officer objected to the enclosure of the area. The enclosure would consist of timber frame with brick work to match existing buildings.

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

The local member, Cllr Scott was absent and Cllr Sturgis addressed the Committee on her behalf. He expressed support for the scheme and highlighted that the proposal did not impact on the south frontage of the building.

It was resolved to;

In respect of 14/02367/FUL

To delegate to the Area Development Manager to grant permission subjection to conditions:- to agree materials, submission of sample panels and other relevant conditions necessary in relation to works affecting a listed building.

In respect of 14/02730/LBC

To delegate to the Area Development Manager to grant consent subject to conditions appropriate to address works to a Listed Building. 

Reason:- The proposed development is necessary to support the on-going use of the Listed Building; Will not result in significant harm to the heritage asset including the Conservation Area; and reflects previous historic development at the site. 

Phillipa Metcalfe, Keith Metcalfe and Cllr Roger Budgen spoke in support of the application.

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

He explained that although the site was attached to a grade II listed building, the site itself was not listed. The proposed extension would replace a large conservatory. The applicants sought an extension to their property due to the poor health of their son. Pre-application discussions had occurred, and alterations were suggested and accepted but were later rejected following advice that it would result in insufficient space for the applicant’s son. The existing buildings had a clear hierarchy, the removal of which officers believed would negatively impact the adjacent listed building.

The Committee then had the opportunity to ask technical questions of officers and it was confirmed that the proposed extension was the same footprint as the existing conservatory. It was also confirmed that the site was stepped back from the adjacent listed building.

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

The local member, Cllr Thomson spoke in support of the application noting the benefit of removing the conservatory, the personal circumstances of the applicant and the lack of objection in the locality.

In the debate that followed, the Committee noted the benefits of removing the conservatory and the need to consider the needs of the family.

It was resolved to;

Delegate to the Area Development Manager to grant planning permission subject to conditions to agree materials.

Simon Chambers spoke in support of the application.

The Chairman drew attention to the late observations which were circulated at the meeting and later published as a supplement.

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

He explained that although the site was beyond the village boundary. The site was located in the garden of another property.

There were no technical questions.

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

The local member, Cllr Greenman was absent.

In the debate that followed, the Committee noted the need for affordable housing in Wiltshire and the open location of the site.

It was resolved to;

Refuse planning permission for the following reasons:

The proposed development, by reason of its location, siting and lack of justification as a rural exception site represents an unwarranted residential development outside of the development framework boundary contrary to Policies H4 and H7 of the adopted North Wiltshire Local Plan 2011 and Policies CP2, CP10 CP44 and CP48 of the emerging Wiltshire Core Strategy.

The level of development proposed is likely to result in a layout and relationship with the street and surrounding area that represents a detrimental intrusion into the adjacent countryside and harmful to the character and appearance of the area. The proposal therefore fails to accord with Policies C3 and NE15 of the adopted North Wiltshire Local Plan 2011 and Sections 6, 7 and 11 of the National Planning Policy Framework.

In accordance with the NPPF there is a deliverable 5 year supply of land for housing in place and there are no other material considerations that outweigh this position. As such, the balance of considerations is such that planning permission should not be granted having regard to polices H1 & H4 of the North Wilts Local Plan and CP2, and CP10 of the Draft

Wiltshire Core Strategy and guidance in the National Planning Policy Framework, in particular at paragraphs 12, 14, 17, 47, 49, 150, 183, 184, 185, 196, 209, 210, 211, 212, 214, 215, 216.

The proposed development does not make any provisions for securing affordable housing on the site or financial contributions towards open space on the site, community facility, indoor leisure provision. The application is therefore contrary to Policies C2, H5 and CF2 & CF3 of the North Wiltshire Local Plan 2011.

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.