Agenda and minutes

To receive any apologies or substitutions for the meeting.

 Apologies were received from Cllr Christine Crisp and Cllr Mollie Groom

To approve and sign as a correct record the minutes of the meeting held on 27 August 2014 .

The minutes of the meeting held on 27 August 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.

It was explained that due to access problems into the building a move to afternoon meetings was necessitated and the Chairman requested feedback on this time change.

It was noted that the next meeting on 8 October 2014 would start at 3pm. 

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 10 September 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 and determine planning applications as detailed below.

Mr Charles Todd, Mr James Adam and Mrs Pauline Reed spoke in objection to the application.

Mr Graham Webb, Mr Tim Barton and Mr James Walker spoke in support of the application.

Cllr Pauline Lyons, Box Parish Council, spoke in objection to the application.

Cllr Peter Anstey, Corsham Town Council, spoke in objection to the application.

The officer introduced the report which recommended that planning permission be refused. A site plan was shown, highlighting its differences from a previous submission by the applicant by way of scaling back the solar panels and a difference in visual screening. Details of the permissive rights of way, trees, walls, CCTV fence treatment, substations and the maximum height of solar panels on the proposed site were explained. Photographs of the site and its boundaries were presented. The officer commented that this was a finely balanced decision and that members had undertaken a site visit.

The Committee then had the opportunity to ask technical questions of the officer and it was confirmed that energy created from the solar park would be delivered to the local community. The location of a permissible bridleway in relation to the boundary line was discussed.

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

The local member, Cllr Dick Tonge, spoke in objection to the application.

In the debate that followed it was noted that the merits of the application were finely balanced since the Council supports renewable energy provision but must consider negative impacts of the application. Concerns were raised over the location of the site near an Area of Outstanding Natural Beauty (AONB) and its aesthetic implications. The amendments made by the applicant to improve the aesthetic impact of the site were acknowledged and it was suggested that they mitigated negatives of the development. The need to embrace renewable energy sources was supported by the Committee.

Resolved:

To GRANT planning permission for the following reason:

The proposed development, by reason of its siting, appearance and local perception, will conserve the character and appearance of the site and its setting and by extension will not compromise the enjoyment of the Cotswolds AONB or local built heritage, such that any harm associated with the proposal is outweighed by its benefits and support in principle.

The proposal therefore conforms with Policies C3, NE4, NE15, NE16 and BD7 of the adopted North Wiltshire Local Plan 2011, and the objectives of Paragraphs 98, 109, 115, 134 and 135 of the National Planning Policy Framework and Paragraph 13 of National Planning Practice Guidance section ‘Renewable and low carbon energy’.

And to DEFER to the next meeting of the Committee the subsequent consideration and approval of conditions to be recommended by Officers.

The officer presented the report which recommended that planning permission be granted, subject to conditions. A site plan showing the proposed access track and greenbelt land was presented alongside photographs of the existing access track, tree belt and illustrative images of the proposed track. A slide highlighting public rights of way was also presented. It was explained that the new access road would be designed for residents of the care home, flats and their visitors to use as opposed to access via the existing route through an industrial area. The officer drew attention to the agenda supplement which detailed a new condition to be considered should planning permission be granted.

The Committee then had the opportunity to ask technical questions of officers and it was confirmed that there had not been an application for lighting along the track. The planning officer explained that, to make the track as less intrusive as possible, the road surface would be gravel which would only withstand light use of the road. Concerns were raised over the enforceability of the additional condition to limit the use of the track.

The local member, Cllr Dick Tonge expressed concern over the extent of use of the proposed access road, suggesting that, unless there was enforcement with regard to use of the road, this could cause problems in the future and impact local residents.

In the debate that followed attention was brought to recommendations in the emerging Core Strategy and to support the viability of this commercial development on brownfield site. Members considered the potential number of vehicles to use the access road and methods to limit high usage.

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 Section 91 of the Town and Country Planning Act 1990.

2.      The development hereby permitted shall be carried out strictly in accordance with the following approved plans and documents subject to such minor amendments to the development as may be approved in writing under this condition by the local planning authority. Plans:

·       Location plan

·       Site Plan

·       Illustrative View 1

·       Illustrative View 2

·       Illustrative View 3

·       Proposed Road revised plan 14.1558 L(0)04 (received 20/06/14)

·       Traffic Impact of New Road (prepared by Hydrok reference C14653)(dated 08/08/14)

·       Design and Access Statement

All date stamped 14/04/14, unless otherwise stated.

REASON: To ensure that the development is implemented in accordance with this decision in the interests of public amenity, but also to allow for the approval of minor variations which do not materially affect the permission.

3.      No development shall take place on site until details of the proposed construction specification for the access road shall be submitted to, and approved in writing, by the local planning authority. The access road shall be constructed in complete accordance with those details approved.

REASON: In the interests of highway safety and accessibility as well as ensuring the development is of a form  ...  view the full minutes text for item 106.

Mr David Pearce spoke in support of the application.

Cllr David Kerr, Nettleton Parish Council, spoke in support of the application.

The officer introduced the report which recommended that planning permission and Listed Building Consent be refused. Attention was brought to late observations available in the agenda supplement and that this was a resubmission of a previous application with some minor alterations. A site plan, floor plan, illustrative drawings and details of the proposed elevations were shown. The officer expressed concerns over the impact of the application on the setting of the traditional farmstead and suggested new buildings would undermine the maintenance of a traditional heritage setting. The presentation concluded with the suggestion that the benefit of less noise from the M4 as a consequence of the building would be limited.

No technical questions were asked.

Members of the public then addressed the Committee as detailed above

Cllr Toby Sturgis spoke on behalf of the local member, Cllr Jane Scott OBE. It was stated that Cllr Scott was not aware of the history of the site when it was called in and Cllr Sturgis suggested the proposed building would remove the perception of the M4 from the garden.

In the debate that followed members stressed the importance of development to be in keeping with the traditional farmstead setting, citing the garage as unacceptable in size and appearance to the extent that it would be detrimental to the setting of the traditional farmstead.  

Resolved:

To REFUSE planning permission for the following reason:

The proposed garage & store, by reason of its overall height, bulk and scale, would result in a prominent and overbearing development in visual terms, which would have an adverse impact on the character and setting of the nearby curtilage listed building and heritage asset that it forms part of, open countryside and Area of Outstanding Natural Beauty. This is contrary to Policies C3, NE4, HE4, H8 & NE15 of the North Wilts Local Plan, CP57 & CP58 of the Emerging WCS Submission Draft and the NPPF.

The new access to the garage, by virtue of scale, design, form and positioning would result in inappropriate and harmful alterations that do not preserve or enhance a curtilage Listed Building and heritage asset and is contrary to Policy C3, H8 & HE4 of the North Wiltshire Local Plan 2011, CP57 & CP58 of the Emerging WCS Submission Draft and the NPPF

To REFUSE Listed Building Consent for the following reason:

It is considered that the siting and design of the proposed garage and its access and associated hard standing would have an adverse visual impact on the setting and character of curtilage listed building and heritage asset, and therefore the application conflicts with North Wiltshire Local Plan Policy HE4, CP57 & CP58 of the Emerging

WCS Submission Draft, Paragraphs 131 and 132 of the National Planning Policy Framework, and S.16(2) of the Planning (Listed Building and Conservation Areas) Act 1990.

Mrs Susan Sills and Mr Nick Sills spoke in support of the application.

Cllr Roger Budgen, Malmesbury Town Council, spoke in support of the application.

The officer introduced the report which recommended that planning permission be refused. Illustrative drawings were used to convey the proposed garage extension. The officer suggested that this was a visually prominent site at the entrance to the close, the site itself was small and the proposed garage very large thus out of character with Chubb Close, prominent and harmful in this location. It was noted that Silver Birch trees on the site would be removed, subject to being replaced.

No technical questions were asked.

Members of the public then addressed the Committee as detailed above

The local member, Cllr Simon Killane spoke in support of the application.

Cllr Chris Hurst declared a non-pecuniary interest as a family member lived in Chubb Close and abstained from the vote.

In the debate that followed the Committee considered the location of the site at the entrance to Chubb Close and the size of the extension in relation to the host building.

Resolved:

To REFUSE planning permission for the following reasons:

The proposed development would overwhelm the host dwelling appearing dominant over, rather than subservient to the host building. The scale, bulk and massing of the proposal would appear as an incongruous and harmful addition which would be exceptionally prominent in the locality and harmful to the residential character and appearance of the area. The proposal is considered to be contrary to Policies C3 and H8 of the North Wiltshire Local Plan and does not comply with paragraphs, 17, 55 and 56 of the National Planning Policy Framework and policy CP57 of the emerging Wiltshire Core Strategy (Submission Draft as proposed to be amended April 2014).

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.