Agenda and minutes

Northern Area Planning Committee - Wednesday 1 April 2015 3.00 pm

Venue: Council Chamber - Council Offices, Monkton Park, Chippenham

Contact: Libby Beale  01225 718214

Items
No. Item

32.

Apologies

To receive any apologies for absence or substitutions for the meeting.

Minutes:

Apologies for absence were received from Cllr Howard Marshall and Cllr Mark Packard who was substituted by Cllr Bill Douglas.

33.

Minutes of the Previous Meeting

To confirm and sign as a correct record the minutes of the meeting held on 11 March 2015.

Supporting documents:

Minutes:

Resolved:

 

To confirm as a true and correct record the minutes of the meeting held on 11 March 2014.

 

34.

Declarations of Interest

To receive any declarations of disclosable interests or dispensations granted by the Standards Committee.

Minutes:

There were no declarations of interest.

35.

Chairman's Announcements

To receive any announcements through the Chairman.

Minutes:

The Chairman explained that items on this agenda were to be re-determined as work on site had not yet commenced and changes to the Planning Practice Guidance had been made since the applications were originally determined.

36.

Public Participation and Councillors' Questions

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 25 March 2015. 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.

Minutes:

The Committee noted the rules on public participation.

 

37.

Planning Applications

To consider and determine planning applications as detailed below.

Supporting documents:

37a

N/13/01868/FUL- 52 Corn Gastons, Malmesbury, Wiltshire, SN16 0LY

Supporting documents:

Minutes:

John Harris spoke in support of the application.

 

The planning officer introduced the report which recommended that planning permission be approved, subject to the conditions in the report and attention was brought to the late items. It was explained that the application was considered by Committee in 2014, at which time Members resolved to delegate authority to Officers to approve the application subject to conditions and completion of a Section 106 legal agreement. However since that time, changes to the National Planning Practice Guidance relating to planning contributions warranted reconsideration of the application.

 

There were no technical questions.

 

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

 

In the debate that followed the Committee expressed its continued support for the development.

 

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 development hereby permitted shall be carried out in accordance with the following approved plans: 3802/01A and 04A, 3802/50A and 51.

 

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

 

3.     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 the interests of visual amenity and the character and appearance of the area.

 

4.     Prior to the commencement of development details of the drainage of the site must be submitted and approved by the local planning authority. If the water will discharge to Wessex Water sewer then the applicant must submit a copy of the agreement to the council. If not then a SuDS scheme will need to be submitted to and approved by the local planning authority, these details to be accompanied by BRE 365 percolation tests and soak away calculations.

 

REASON: In the interest of ensuring the site is adequately drained.

 

5.     No part of the development hereby permitted shall be first occupied until the access, turning area and parking spaces have been completed in accordance with the details shown on the approved plans. The surface treatment of the parking areas to be a consolidated surface. The areas shall be maintained for those purposes at all times thereafter.

 

REASON: In the interests of highway safety.

 

6.     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), there shall be no additions/extensions or external alterations to any building forming part of the development hereby permitted.

 

REASON: In the interests of the  ...  view the full minutes text for item 37a

37b

N/13/01296/FUL - Land Adjacent to Sedgewick House, Old Hardenhuish Road, Chippenham, Wiltshire SN14 6HH

Supporting documents:

Minutes:

Matthew Stephen encouraged that the original conditions applied to the consent be transferred to a new resolution.

 

The planning officer introduced the report which recommended that permission be granted, subject to the conditions in the report, as amended by the late observations. It was explained that the application had originally been to Committee in July 2014 however due to changes in National Planning Practice Guidance a Section106 legal agreement was no longer required and the application was to be re-determined.

 

There were no technical questions.

 

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

 

In the debate that followed, Members expressed support for the officer’s recommendation, and requested that the local member be advised of the amendment to condition 15. However, the Committee commented it was unfortunate that the community would lose the financial contributions.

 

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.    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 the interests of visual amenity and the character and appearance of the area.

 

3.    No development shall commence on site until a scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include:

(a) indications of all existing trees and hedgerows on the land;

(b) details of any to be retained, together with measures for their protection in the course of development;

(c) hedgerows within or overhanging the site, in relation to the proposed buildings, roads, and other works;

(d) finished levels and contours;

(e) means of enclosure;

(f) hard surfacing materials;

 

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

 

4.    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  ...  view the full minutes text for item 37b

37c

11/02514/FUL and 11/03731/LBC - Scarrott's Yard, adjacent to 6 Old Court, Royal Wootton Bassett

Supporting documents:

Minutes:

Chris Wannell spoke in support of the application and suggested some of the conditions on the permission originally granted were excessive.

 

The planning officer introduced the report which recommended that permission be granted for both the planning permission and listed building consent subject to the conditions in the report. It was explained that due to changes in the National Planning Practice Guidance, a Section 106 legal agreement was no longer required and the application was to be redetermined.

 

There were no technical questions.

 

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

 

The local member, Cllr Chris Hurst, gave his condolences to the applicant’s family and questioned the severity of condition 8.

 

The planning officer advised that condition 8 was in place as the site was subject to storage use by the applicant which constrained use for general residential purposes and that the applicant could apply to vary the conditions.

 

In the debate that followed the Committee supported the officer’s recommendation. Some members felt that some conditions applied under delegated powers had not been appropriate and hoped an application to vary these conditions could be decided by officers. The planning officer confirmed that an application to vary the condition would not go to Committee unless it was called in.

 

Resolved:

 

To grant permission for both applications, subject to the following conditions:

 

11/02514/FUL

 

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 an investigation of the history and current condition of the site to determine the likelihood of the existence of contamination arising from previous uses has been undertaken and until:

a) The Local Planning Authority has been provided with written confirmation that, in the opinion of the developer, the site is likely to be free from contamination which may pose a risk to people, controlled waters or the environment. Details of how this conclusion was reached shall be included.

b) If, during development, any evidence of historic contamination or likely contamination is found, the developer shall cease work immediately and contact the Local Planning Authority to identify what additional site investigation may be necessary.

c) In the event of unexpected contamination being identified, all development on the site shall cease until such time as an investigation has been carried out and a written report submitted to and approved by the Local Planning Authority, any remedial works recommended in that report have been undertaken and written confirmation has been provided to the Local Planning Authority that such works have been carried out. Construction shall not recommence until the written agreement of the Local Planning Authority has been given following its receipt of verification that the approved remediation measures have been carried out.

 

REASON: To ensure that land contamination can be dealt with  ...  view the full minutes text for item 37c

38.

Urgent Items

Any other items of business which, in the opinion of the Chairman, should be taken as a matter of urgency.

Minutes:

There were no urgent items.