Agenda and minutes

To receive any apologies or substitutions for the meeting.

Apologies for absence were received from: Cllr Sheila Parker, Cllr Simon Killane, Cllr Mollie Groom who was substituted by Cllr Jacqui Lay and local members Cllr Dick Tonge and Cllr Nina Philips.

To approve and sign as a correct record the minutes of the meeting held on 8 October 2014.

The minutes of the meeting held on 8 October 2014 were presented to the Committee.

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.

The Chairman highlighted a change to the membership of the Committee: Cllr Howard Marshall was replaced by Cllr Nick Watts. Since Cllr Watts was originally a substitute Cllr Linda Packard would replace him.

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 2:50pm 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 22 October. 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 Dean Musson, Mr Paul Turner and Stephanie Wood spoke in objection to the application

Mr Dan Washington spoke in support of the application

The officer introduced the report which recommended to refuse planning permission. It was explained that the Committee could not make a decision in favour of the application as the required survey work had not been undertaken, therefore the officer’s recommendation, as amended by the late observations, was for refusal.

There were no technical questions

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

The Chairman read a statement on behalf of the local member, Cllr Dick Tonge which urged the Committee to take local concerns into consideration.

Resolved:

To REFUSE planning permission for the following reason:

The development, by means of it nature, location and scale could have likely significant effects upon the nearby Bath and Bradford Bats Special Area of Conservation. Insufficient information has been submitted with the application to allow the Council to reasonably carry out an appropriate assessment of the application in line with the procedure set out in Circular 06/2005, as required under Regulation 61 of the Habitats Regulations. In the absence of this information the application is contrary to policies C1, C3(ii), NE5, NE6, NE7, NE9, NE10 & NE11 of the adopted NWLP 2011; and CP50 and CP57 (ii) of the emerging Wiltshire Core Strategy (submission Draft as proposed to be amended April 2014); and paragraphs 14, 17, 109, 118 and 119 of the National Planning Policy Framework.

The officer introduced the report which recommended that planning permission be granted subject to conditions, attention was brought to the late observations. Photographs of the dwelling and proposed elevations of the extension were shown. Concerns of objectors were explained and the Committee was advised that alterations had been made to address concerns; consequently many objections had been withdrawn.

There were no technical questions and members considered the officer’s report.

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 and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

2.     The materials to be used in the construction of the external surfaces of the development hereby permitted shall match in material, colour and texture those used in the existing building.

REASON: In the interests of visual amenity and the character and appearance of the area.

3.     The window in the rear elevation shall be glazed with obscure glass only [to an obscurity level of no less than level 3] and permanently fixed shut prior to the first occupation of the development hereby permitted and shall be permanently maintained in perpetuity.

REASON: In the interests of residential amenity and privacy.

4.     The development hereby permitted shall be carried out in accordance with the following approved plans: 0049/14/B Received 02/10/2014.

REASON: For the avoidance of doubt and in the interests of proper planning.

5.     WE4 - NO WINDOWS, DOORS OR OPENINGS

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any Order revoking or re-enacting or amending that Order with or without modification), no windows, doors or other form of openings other than those shown on the approved plans, shall be inserted in the side elevations of the development hereby permitted.

REASON: In the interests of residential amenity and privacy.

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 the vicinity of the site boundary, you are also advised that it may be expedient to seek your own advice with regard to the requirements of the Party Wall Act 1996.

INFORMATIVE TO APPLICANT:

Any alterations to the approved plans, brought about by compliance with Building Regulations or any other reason must first be agreed in writing with the Local Planning Authority before commencement of work.

Mr John Williams spoke in support of the application on behalf of the applicant.

The officer introduced the report which recommended that planning permission be granted subject to conditions as per the late observations. The location of the site was shown and the change of application to be a temporary dwelling instead of a permanent dwelling was explained.

There were no technical questions.

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

The local member, Cllr Chris Hurst spoke in support of the application.

The Committee considered the report and agreed that, in the future, a robust business case would be needed to make the application a permanent dwelling.

Resolved:

To GRANT planning permission subject to the following conditions:

1.    OUTLINE PLANNING PERMISSION –COMMENCEMENT

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 and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

2.    APPROVAL OF CERTAIN RESERVED MATTERS

No development shall commence on site until details of the following matters (in respect of which approval is expressly reserved) have been submitted to, and approved in writing by, the Local Planning Authority:

(a) The scale of the development;

(b) The layout of the development;

(c) The external appearance of the development;

(d) The landscaping of the site;

(e) The means of access to the site

The development shall be carried out in accordance with the approved details.

REASON: The application was made for outline planning permission and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act 1990 and Article 4(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2010 (as amended).

3.    RESERVED MATTERS TO BE SUBMITTED

An application for the approval of all of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

REASON: To comply with the provisions of Section 92 of the Town and Country Planning Act 1990.

4.    LANDSCAPING TO BE CARRIED OUT & MAINTAINED

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  ...  view the full minutes text for item 130.

Mr Ben Read spoke in support of the application

The officer introduced the report which recommended that planning permission be granted subject to planning conditions. Aerial photographs of the site were presented alongside photographs of the building. It was explained that the application had been called to Committee due to noise concerns, however the officer considered that, subject to mitigation measures, the noise level would be acceptable.

The Committee then had the opportunity to ask technical questions of the officer who confirmed the location of outside doors.

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

In the debate that followed the Committee considered concerns of local residents on noise caused by the change of use, however it was satisfied that conditions would overcome the majority of concerns and expressed a desire to support local business in this trading estate.

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 and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

2.     The rear doors and windows in the easterly facades of units 5 to 13 shall, as shown on the submitted plans, shall remain closed at all times whilst the units are open for business.

REASON: To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

3.     During daytime hours of operation (0700-2300) the Rating Level due to activities and/or machinery operated in, on or around each unit shall not exceed 44 dB when measured at a point 3.5m from any dwelling;

and During night-time hours of operation (2300-0700) the Rating Level due to activities and/or machinery operated in, on or around each unit shall not exceed 35 dB when measured at a point 3.5m from any dwelling.

REASON: To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

4.     The B2 use hereby permitted shall only take place between the hours of 08:30 and 18:00 Monday to Friday and between 08:30 and 17:00 on Saturdays and 10:00 and 16:00 on Sundays. The use shall not take place at any time on Bank or Public Holidays.

REASON: To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

5.     No panel beating, panel spraying or mechanical car washing operations shall be carried out within units 5-13 as identifid on the approved plans or externally.

REASON: To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

6.     Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting  ...  view the full minutes text for item 131.

Mr Campbell Richie and Mr Jeremy Moore 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 that advertisement consent be granted subject to conditions. The location of the site was shown and it was explained that it was in a conservation area of Malmesbury. The officer projected photographs of the roundabout outside the Waitrose store and highlighted that the character of the locality had already been changed by the building of the supermarket and that the harm cause by the sign would be minimal.

The Committee then had the opportunity to ask technical questions of the officer and it was confirmed that if the application were to be successful it would only grant permission for the one sign.

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

Cllr John Thomson spoke on behalf of St Paul Without Parish Council and local member Cllr Simon Killane against the application.

In the debate that followed some members felt the site did not have the feel of a rural area, and that the Council had allowed business to go to site and should understand its need to advertise, additionally, the sign was green and would blend in with the trees. Other members echoed residents’ concerns over the intrusion of the sign in a rural setting within a conservation area, and highlighted that the supermarket already had many signs to advertise it.

Resolved:

To REFUSE advertisement consent for the following reason:

It is considered that a tall, illuminated sign such as that proposed would be unduly intrusive and dominant resulting in harm to the character and appearance of the Conservation Area and there is no public benefit to the area. Therefore the proposal is on balance contrary to paragraphs 17(x), 67, 131, 132, 134, 137 of the NPPF, Core Policy 58 of the Emerging Core Strategy and Local Plan Policies C3(ii), HE4 & BD9 (ii) & (iii).

Anne Henshaw, representing Campaign for the Protection of Rural England, spoke in objection to the application

Roger Scully, Jamal Khanfer and Daryl Watkins (speaking on behalf of Gordon Chivers) spoke in support of the application.

The officer introduced the report which recommended to delegate authority to grant planning permission and listed building consent to the Area Development Manager subject to the signing of a Section 106 agreement and conditions. Attention was brought to the late observations and it was explained that the development would create 46 dwellings. Aerial photographs and photographs of the aircraft hangars were shown, the site was described as including significant listed buildings and being on the outskirts of Yatesbury. It was explained that previous planning permission on the site was not completed due to finance. Indicative interior layouts were presented and the business viability of the site and its effect on the section 106 heads of terms was explained.

The Committee then had the opportunity to ask technical questions of the officer and it was confirmed that the development would be phased, as such English Heritage had no objection to the scheme. Additionally, conversion inside the buildings would be sensitive to their original style.

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

Officers responded to issues raised by members of the public, including the reason for including only one hanger in the landscaping scheme. It was highlighted why the application was permitted under the National Planning Policy Framework despite being unsustainable; moreover, water and sewage concerns had been addressed in conditions.

Cllr Christine Crisp spoke on behalf of the local member Cllr Alan Hill in support of the application, acknowledging that although it was not an ideal development for the site it would be very beneficial.

In the debate that followed some members noted with concern that the development would not be sustainable however others felt this was a good opportunity to save the site and complemented Mr Chivers on his impassioned statement.

Resolved:

To DELEGATE authority to grant planning permission to the Area Development Manager, subject to the signing of a Section 106 agreement and the conditions set out below:

The heads of terms for the s106 agreement will be dependent on the outcome of the viability assessment. Irrespective of the above a s106 agreement will be required to control the restoration works to the hangar and the phasing of the enabling development.

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.    No development shall commence on site until details and samples of the materials to be used for the external walls and roofs 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  ...  view the full minutes text for item 133.

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.