Agenda and minutes

To receive any apologies or substitutions for the meeting.

Apologies were received from:

·       Cllr Ian Tomes

To approve and sign as a correct record the minutes of the meeting held on 9 June 2016.

The minutes of the meeting held on 9 June 2016 were presented.

Resolved:

To approve as a correct record and sign the minutes.

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

There were none.

To receive any announcements through the Chair.

The Chairman explained the meeting procedure to the members of the public.

The Chairman invited Cllr Hewitt to speak, who then requested a site visit for items 8b and 8c, Boxhedge Cottage, High Street, Porton, SP4 0LH, as the site was in the conservation area and he felt it would be useful for Members to see it in context, as the nearby building work had made it difficult for pictures to be taken and provided.

Resolved:

That Items 8b and 8c - 16/04773/FUL and 16/04773/LBC: Boxhedge Cottage, High Street, Porton, SP4 0LH, would be postponed to a future meeting pending the arrangement of a site visit.

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 (acting on behalf of the Corporate Director) no later than 5pm on (4 clear working days, e.g. Wednesday of week before for a Wednesday meeting). 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.

To consider the objections received to the making of The Wiltshire Council Durnford 4 (Woodrow) Rights of Way Modification Order 2016 made under Section 53 of the Wildlife and Countryside Act 1981.

The Rights of Way Officer introduced the Wiltshire Council Durnford 4 (Woodrow) Rights of Way Modification Order 2016 made under Section 53 of the Wildlife and Countryside Act 1981. It was recommended that the Order is forwarded to the Secretary of State for Environment, Food and Rural Affairs for determination with the recommendation that the Order be confirmed without modification.

In 2005 Wiltshire Council received an application to record the right of way Durnford 4 (Woodrow) as a byway open to all traffic. The application relied on historical evidence which showed that although the route was currently recorded as a bridleway it had a higher status and should be so recorded.

After investigating the evidence, Officers’ agree that Durnford 4 (Woodrow) was an ancient carriageway and road and that the definitive map and statement should be altered accordingly.

The report found that the route had ancient origins and was awarded as a Public Carriageway and Driftway leading from Durnford towards Winterbourne Dauntsey by an Award arising out of an Act of Parliament in 1793.

It was considered that any rights for the public to use the way with mechanically propelled vehicles (MPVs) was extinguished by Act of Parliament in 2006.  Accordingly, the route may not now be recorded as a byway open to all traffic and should be recorded as a restricted byway instead.

The public had a right to pass and re-pass along a restricted byway on foot, on horseback or leading a horse, on a cycle or with a horse drawn vehicle (e.g. pony and trap).  There was no right for the public to use the way with an MPV though anyone using the way for access to property retains a private right to do so with an MPV.

The parish council, applicant, local people and the landowner had not objected to the Order however, two objections had been received from other members of the public. A recommendation from the Council was required to accompany the Order when submitted to the Secretary of State Environment, Food and Rural Affairs for           determination.

Members of the Committee then had the opportunity to ask technical questions of the Officers, it was noted that access of a non vehicular type would remain, and those living in the neighbouring properties would continue to be able to use it for access.

The Unitary Division Member; Cllr Mike Hewitt then addressed the Committee stating that if four wheel drive vehicles were permitted to use the track for off road pastimes then the condition of the track would deteriorate. Three properties had already been flooded along the road due to mud which had been loosened on the track.

Cllr Mike Hewitt moved approval, in line with the Officers recommendation; this was seconded by Cllr Chris Devine.

The Committee discussed the application, noting that although the pictures included in the presentation showed existing tyre marks, these were from the residents in the neighbouring properties who used the track for access.

Resolved:

That “The Wiltshire Durnford 4  ...  view the full minutes text for item 53.

To receive details of completed and pending appeals.

The committee received details of planning appeals logged and those determined for the period 27 May 2016 and 7 July 2016.

Resolved

That the report be received and noted.

An update was sought on the recent appeal hearing of 14/12175/FUL A36 Hotel and McDonalds. The Development Control Team Leader noted that the Informal Hearing had recently taken place and that a legal agreement had been agreed between the parties and put before the inspector, in line with normal procedures. Resolution had also been reached regards the highway safety issues. Once the formal decision letter of the Inspector had been received, Members would be informed of the outcome and the Inspectors conclusions.

To consider and determine planning applications in the attached schedule.

Permanent use of temporary coach park and modification of existing coach park to create 53 coach spaces and 26 motorhome spaces; construction of ancillary building for new coach visitor facilities; change of use from agricultural land and creation of new visitor transit system turnaround area for shuttle bus use; creation of extended visitor transit system turnaround area for shuttle bus use; decommissioning of existing visitor transit system turnaround area; all with associated ancillary and landscaping works.

Public Participation

Kate Davies (English Heritage) spoke in support of the application.

Dominic Watkins (Agent) spoke in support of the application.

Nicola Lipscombe (Salisbury Civic Society) spoke in support of the application.

Cllr John Berry representing Shrewton Parish Council spoke in objection to the application.

The Planning Officer drew attention to the late correspondence circulated at the meeting; which included the use of a Grampian style condition instead of  a S106 agreement to secure the highway works. She noted that there had been a site visit earlier that day, she then introduced the application which was for the permanent use of temporary coach park and modification of the existing coach park to create 53 coach spaces and 26 motorhome spaces; construction of ancillary building for new coach visitor facilities; change of use from agricultural land and creation of new visitor transit system turnaround area for shuttle bus use; creation of extended visitor transit system turnaround area for shuttle bus use; decommissioning of existing visitor transit system turnaround area; all with associated ancillary and landscaping works. The application was recommended for approval subject to conditions.

Members of the Committee then had the opportunity to ask technical questions of the Officers. It was noted that the permissive path agreed as part of a legal agreement when the A344 was originally closed, was further down the site and did not form part of this application. As this application embraced so many elements it was noted that if Members were uncomfortable about any one element then the whole application should be rejected.

The reversible area detailed in the presentation would be a coach parking area laid with tarmac. The cutting down of trees to allow the coach turn around would be limited to the section shown on the plan. The line of trees was owned by Wiltshire Council so the Committee could add an informative to the decision to prevent any further trees being removed.

A travel plan was associated with the original consent.

Members of the public then had the opportunity to present their views to the Committee, as detailed above.

The Unitary Division Member; Cllr Ian West then addressed the Committee stating that the residents of Shrewton see the site every day, unlike those living in Amesbury, therefore it was their comments which he supported. In 2015 there had been a rise in visitors to the site; the impacts of which were evident to the residents of Shrewton.

Correspondence to the Wiltshire Council tree Officer from English Heritage had detailed their intention to cut the tree line back to a hedge height, which would remove the protection they gave to the A303.

Cllr West moved refusal against Officer Recommendation, stating that the proposal had visual impacts and highway impacts, and therefore the proposal did not accord with the aims of either national planning policies in the NPPF, or the aims of the Wiltshire Core Strategy policies relating to the World Heritage site.

Cllr Ian McLennan seconded the motion.

The Committee discussed  ...  view the full minutes text for item 56.

Proposed two storey rear extension.

This application was deferred pending a site visit taking place.

The application seeks listed building consent to erect a two storey extension to the rear of the property.

This application was deferred pending a site visit taking place.

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