Agenda and minutes

To approve and sign as a correct record the minutes of the meeting held on 26 January 2012 (copy herewith).

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 Thursday 22 March 2012. 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 received details of the following appeal decisions:

S/2011/1489 – Shawmere, Coombe Road, Harnham – Delegated - Dismissed

S/2011/1287 - Crockford, West Grimstead – Delegated - Dismissed

S/2011/1378 - 14 Bourne Avenue, Salisbury – Delegated - Dismissed

S/2011/1304 - Hazelhead, Robin Hill Lane, Durrington – Delegated - Part Allow/Dismiss

S/2011/0866 – Shergolds, Swallowcliffe – Delegated - Dismissed

S/2011/0728 - Mawarden Court, Stratford Road, Stratford Sub Castle – Delegated - Dismissed

S/2011/0868 - Earl of Normanton Pub, Tidworth Road, Idmiston – Delegated - Dismissed

And forthcoming appeals as follows:

S/2011/1395 - The Lime Yards, West Grimstead

S/2011/0900 – Bridge Woodland, Britmore Lane, Gutch Common

S/2011/1790 – Bowles Barn & Yard, The Portway, Winterbourne Gunner

S/2011/1412 – Evergreen, Shepherds Close, Odstock

S/2011/1280 - Court Hay, Lower Road, Charlton-All-Saints

S/2011/1456 - Co-op, Bulford Road, Durrington

To consider the report of the Rights of Way Officer.

Public participation:

Mr Richard Hounslow spoke in objection to the Order

Mr Martin Clark spoke in objection to the Order

Ms Melanie Auchterlonie spoke in objection to the Order

Mr Martin Quigley spoke in support of the Order

Mr Guy Powell spoke in support of the Order

Mr Peter Mitchell spoke in support of the Order

Cllr mary Douglas, local member, spoke in objection to the Order.

The Rights of Way Officer presented the report which requested that members consider the evidence and objections relating to the Order.  She explained that in June 2011 Wiltshire Council had received an application from a member of the public for an Order to modify the Definitive Map and Statement by recording a footpath linking the Avon Valley Nature Reserve with Salisbury Footpath Number 11 at Stratford-sub-Castle.

She went on to explain that where a right of way has been used without interruption by the public for a period of 20 years then public rights are deemed to have been dedicated.  The 20 year period for this application was taken to be between 1977 and 1997.

There were three options available to the committee which were to support the Order, take a neutral stance or object to the Order.

Members debated the issue in detail and asked questions of the Rights of Way Officer. 

Resolved

That the confirmation of the Order is supported as made.

Public participation:

Mr Brian Edgeley, on behalf of Firsdown Parish Council, spoke in objection to the application

The Planning Officer introduced the report, which was recommended for approval,  and drew attention to the late correspondence.  During the debate members raised concerns regarding highway safety.

It was

Resolved:

Planning permission be GRANTED for the following reason:

The proposed development accords with the provisions of the Development Plan, and in particular Policies G2 (General Criteria for Development), C2 (Development in the Countryside) & C6 (Landscape Conservation) of the saved policies of the adopted Salisbury District Local Plan (constituting saved policies listed in Appendix C, of the adopted South Wiltshire Core Strategy) insofar as the proposed development is considered acceptable in principle, and would not adversely affect residential amenity or the quality of the surrounding designated Special Landscape Area.  The proposal would not be prejudicial to highway safety.

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 use hereby permitted shall only take place within the area identified by a red hatched rectangular box as detailed within the application documentation (drawing reference J16 Block/Location Plan 1:500) and trading shall only take place between the hours of 0800 and 1500 hours from Monday to Friday and between 0800 and 1300 hours on Saturdays, and not at all on Sundays.

Reason:  To define the scope of the planning consent and to limit the hours of operation in the interests of the amenity of the area.

POLICY: G2, C6

3. This development shall be in accordance with the submitted drawing[s] deposited with the Local Planning Authority on 10.01.2012, unless otherwise agreed in writing by the Local Planning Authority.

Reason: For the avoidance of doubt

4. The use hereby permitted shall be discontinued and the land restored to its former condition on or before 01.04.2015 in accordance with a scheme of work submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of amenity, in order to secure the restoration of the land upon the removal of a use for which permission can be justified only on the basis of a special temporary need, and to allow the local planning authority to monitor the ongoing use of the land to ensure that prejudicial impacts on highway safety and in respect of visual amenity within the landscape are avoided.

POLICY: G2 & C6

INFORMATIVE:  The temporary planning consent hereby granted does not provide authorisation for any form of outdoor advertising, notices or signage such as A boards, roadside signs or banners etc. Any such advertisements will require the express consent of the local planning authority by the granting of a separate advertisement consent application.

Public participation:

Mrs S Reeve-Tucker spoke in objection to the application

Mr Stuart Ross spoke in support of the application

The Planning Officer introduced the report, which was recommended for approval, and drew attention to the late correspondence.

During the debate the issue of the access to the garage and loss of light to the adjacent property were discussed.

Resolved

Planning Permission be GRANTEDfor the following reasons:

The proposed replacement garage and boundary wall would be in accordance with the adopted policies G2 and D3 of the Salisbury District Local Plan and the saved policies in Appendix C of the South Wiltshire Core Strategy.  The garage would have an acceptable impact on the streetscene, and its design and scale are appropriate in relation to the existing property (Policy D3). Whilst there would be some impact on the oblique outlook from a neighbouring property (No 81 Queen Street), the building is unlikely to unduly disturb the amenities of the occupiers in terms of dominance or loss of light, given its modest height and siting to the north west (Policy G2). The roller-shuttered door would avoid any part of the door overhanging the footway.  The proposed 4m wide door allows sufficient vehicle to pedestrian inter-visibility splay, despite the garage being brought forward and in accordance with the minimum standard requirement. (Policy G2).

And 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 (No 26 Queens Road).

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

POLICY- D3 Design

3.  Prior to first use, the garage hereby approved shall be fitted with a roller shutter door which shall not project forward of the front wall of the garage. The garage door so fitted shall be retained thereafter.

REASON: In the interests of highway safety and convenience.  

Policy G2 General Principles for Development

4. The development shall be in accordance with the following drawings and plans:

095274-008 30^th March 2011 Proposed Elevations

095274-004 30^th March 2011 Proposed North Elevation showing roller shutter door and 4m             wide entrance.

095274-002 30^th March 2011 Proposed Plan Layout

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

Informative:   The applicant is advised of the need to submit plans, sections and specifications of the proposed boundary wall for the approval of the Highway Authority in accordance with Section 167 of the Highways Act 1980.

There were no urgent items

To consider passing the following resolution:

To agree that in accordance with Section 100A(4) of the Local Government Act 1972 to exclude the public from the meeting for the business specified in Item Number 11 because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in  paragraph 1 of Part I of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.

Resolved:

To agree that in accordance with Section 100A(4) of the Local Government Act 1972 to exclude the public from the meeting for the business specified in minute no. 27 because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in  paragraph 1 of Part I of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.

The Head of Legal Services presented the confidential report in respect of enforcement at the above site.

Resolved:

That the recommendation, as detailed in the report, be approved.