Agenda and minutes

To receive any apologies or substitutions for the meeting.

Apologies were received from Cllr Packard, Cllr Marshall and Cllr Hurst.

Cllr Packard was substituted by Cllr Watts.

Cllr Marshall was substituted by Cllr Ansell.

To approve and sign as a correct record the minutes of the meeting held on 16 July 2014.

The minutes of the meeting held on 16 July 2014 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 Chair.

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 Tuesday 19 August. 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.

The Committee considered the following applications:

Mrs Janet Robbins, Mr Andrew Emerson, and Mr Martin Cleverley spoke in objection to the application.

Mr Julian Sayers and Mr Peter Lawson spoke in support of the application.

Cllr Richard French, Calne Without Parish Council, spoke in objection to the application.

The officer drew attention to late observations provided and the key points, available as Agenda Supplement 1. The officer introduced the report which recommended to delegate authority to grant planning permission to the Area Development Manager, subject to the signing of a Section 106 agreement, planning conditions and the additional heads of term prescribed in the Agenda Supplement.

A site plan was shown, alongside a site description including existing planning permission. It was highlighted the current application was an outline planning application for up to 28 dwellings, as such, the layout of units displayed was only indicative, used to demonstrate that the number of units and amenity space could be accommodated adequately.

The Committee then had the opportunity to ask technical questions of officers and it was confirmed that an increase in the number of dwellings above 28 would require a new planning application. Questions were raised concerning the central square shown on the indicative layout, it was noted that details of landscaping would be finalised at a reserved matters stage if the application was delegated. The officer confirmed the substantial tree belt would be remaining as part of the scheme.

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

The local member, Cllr Crisp spoke in opposition to the application, raising concerns that it would not comply with the North Wiltshire Local Plan and would threaten the economic development of the nearby saw mill.

In the debate that followed the Committee noted the need for housing, the land as a brownfield site and the less harmful effect of residential development compared to commercial development. However, concerns were raised over the conflict of the development with business and highways, notably issues of safety as amenities were located across a 60mph road.

Resolved:

To REFUSE the application for the following reason:

The proposed development is in the countryside, outside the framework boundary of Derry Hill & Studley where residential development is not acceptable under Policy H4 of the North Wiltshire Local Plan 2011. The Council have a 5 year land supply and there are no material considerations in terms of benefits that could be delivered via this proposal, which outweigh the development plan policies. The location outside the framework boundary for Derry Hill & Studley also conflicts with CP1, CP2 & CP8 of the Emerging WCS Submission Draft as proposed to be amended April 2014. Furthermore, the development, being outside of the framework boundary is remote from local employment and services and conflicts with policy C1 & C3 (vi) of the North Wiltshire Local Plan 2011 and paragraphs 14, 17, 47 & 49 of the NPPF.

The proposed development by virtue of its siting, location beyond the framework boundary and proposed acoustic fencing will result in a development that is  ...  view the full minutes text for item 95.

Mr Mark Willis, Mr Laurence Mussett and Cllr Roger Budgen, Malmesbury Residents’ Association, spoke in objection to the application.

Cllr John Gundry, Malmesbury Town Council, spoke in objection to the application.

The officer introduced the report which recommended to grant planning permission to remove Condition 4 of 00/01929/COU in order to allow the sale of take away food from the premises subject to conditions. A description of the business and the locality was given and it was noted that no concerns had been raised from Highways, Environmental Health and Public Protection. Photographs of the roads, parking restrictions and car parking facilities nearby were shown.

No technical questions were asked.

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

The local member, Cllr Killane, spoke in support of the application, describing it would be in keeping with the business area of the market town, with other takeaways nearby, and would help to support the viability of the restaurant. Cllr Killane stressed the close proximity of a car park nearby, however acknowledged concerns surrounding illegal parking and supported the opportunity for residents to voice their opinions.

In the debate that followed the Committee discussed illegal parking and littering concerns however it was emphasised that these were not planning considerations and the point was made that this was not an application for change of use, the business would have to remain a restaurant.

Resolved:

To GRANT planning permission to remove Condition 4 of 00/01929/COU in order to allow the sale of take away food from the premises 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 development hereby permitted shall be carried out in accordance with the documents (including plans) incorporated into this decision, and subsequently approved pursuant to this decision (if applicable), unless otherwise approved by the local planning authority in the form of a new application

REASON: To ensure that the development is implemented in accordance with this decision in the interests of public amenity.

3)    The ground floor of 2A Silver Street shall not be open to customers before 08:00 hours nor after 23:30 hours and the first floor before 10:00 hours nor after 22:00 on any day for the use hereby permitted unless otherwise agreed the Local Planning Authority in the form of a new application.

REASON: In the interests of the amenity of the area.

INFORMATIVE TO APPLICANT: The applicant is requested to note that this permission does not affect any private property rights and therefore does not authorise the carrying out of any work on land outside their control. If such works are required it will be necessary for the applicant to obtain the landowners consent before such works commence. If you intend carrying out works in  ...  view the full minutes text for item 96.

Mr Thomas Rumble spoke in support of the application.

The officer called attention to the late observations available as Agenda Supplement 1 and took the committee through the report which recommended to delegate authority to grant planning permission to the Area Development Manager, subject to the signing of a Section 106 agreement, planning conditions and the additional heads of terms and conditions prescribed in Agenda Supplement 1.

The Committee was reminded that it was only an Outline application and no objections had been received from Highways, subject to conditions. It was emphasised that the site was in the settlement boundary of Corsham, was no longer required to be used as commercial development and the application was in agreement with the North Wiltshire District Plan and the Core Strategy. The officer underlined that the application was for up to 64 dwellings, as specified in Agenda Supplement 1.

No technical questions were asked.

Members of the public addressed the Committee as detailed above.

The local member, Cllr Whalley, noted concerns relating to traffic and pedestrian safety, emergency vehicle access, noise and ecology on behalf of local residents and commented that whilst helping to meet the housing target it was unfortunate that it was a greenfield site.

In the debate that followed the Committee noted there was no evidence to justify deferral and confirmed the need to add a condition to the application concerning the orientation of houses.

Resolved:

To DELEGATE to the Area Development Manager to grant planning permission, subject to the signing of a Section 106 agreement with the following heads of terms:

·       30% affordable housing;

·       On-site provision of 4224m2 of adoptable open space, of which 384m2 allocated as specific play provision, to be subject to a commuted fee to cover maintenance;

·       Off-site financial contribution of £16,902 to satisfy the Sport and Recreation requirement of Planning Policy C2;

·       £3,332 towards a new Cemetery in Corsham;

·       A sum of £301824 towards primary education infrastructure and £248092 towards secondary education infrastructure. However, the assessment is specific to the site location, housing number and mix supplied, and any changes to these would necessitate a new assessment;

·       Sustainable transport contribution towards walking and cycling improvements. £1,500 per unit;

·       £19,200 commuted to the Council’s arts service to manage the art and design process and programme;

·       A sum of £8,000 to be paid and held in accordance with drawing ITB7141-SK-009 titled ‘potential additional footways’ for provision of footway and including land to be safeguarded for provision;

·       A sum of £10,000 towards the upgrading of the bus stop (known as Potley, The Estate) improvements including bus shelter and raised kerb.

and subject to the following conditions:

1)    The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

REASON: To comply with the provisions of Section 92 of the Town  ...  view the full minutes text for item 97.

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.