Agenda and minutes

Apologies were received from Cllrs Dalton and Deane.  Cllr Moss substituted for Cllr Deane.

To approve and sign as a correct record the minutes of the meeting held on 18^th February 2010.

The minutes of the meeting held on 18 February were approved as a correct record and signed by the Chairman.

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

There were no declarations of interest

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

Members of the public who wish to speak either in favour or against an application 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. 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.

The committee noted the rules on public participation.

To consider the attached report.

The Senior Rights of Way officer presented a report which asked members to consider and comment on an objection received to an Order, made under Section 119 of the Highways Act 1980, proposing to divert a section of Redlynch Footpath 17 and to recommend that the Order be forwarded to the Secretary of State for the Environment, Food and Rural Affairs.

Resolved:

That the Order be referred to the Secretary of State for  determination with the recommendation that it be confirmed subject to the deletion of the reference in the Schedule to the Order to the “kissing gate” at SU20794197.

To consider the attached report.

Public participation:

Mr G L Foyle spoke against the recommendation.

The Senior Rights of Way Officer presented a report which asked the committee to reconsider and comment on the objections received following the making of the Modification Order under Section 53 of the Wildlife and Countryside Act 1981 to add a byway open to all traffic (BOAT) at Ebbesbourne Wake, and to recommend to the Secretary of State for the Environment, Food and Rural Affairs that the Order be confirmed, subject to the status of the additional way, and be modified from BOAT to Restricted Byway. 

A debate ensued during which the issue of gating the byway to restrict motor vehicular access was raised but it was confirmed that this could not be carried out.

Resolved

That the Order be forwarded to the Secretary of State for the Environment, Food and Rural Affairs with the recommendation it be confirmed, subject to the status of Ebbesbourne Wake 24 being modified to that of Restricted Byway. 

Councillor Michael Hewitt asked that his vote against the resolution be recorded.

To receive details of completed and pending appeals (copy herewith).

The committee received details of the following appeals:-

S/2009/0601 - Bark Barn Cottage 12 West Dean  - dismissed – delegated decision

S/2009/0931 - Royal Mail Sorting Office, Fisherton Street, Salisbury – allowed – delegated decision

S/2009/1135 - The Old Post Office, Lower Road, Charlton All Saints - dismissed – delegated decision

S/2009/0958 - 123 Queen Alexander Road, Salisbury – allowed – delegated decision

2009/0768 2009/0797 - 61 The Borough, Downton - dismissed – delegated decision

S/2009/0746 - Nadder House, Tisbury - dismissed – delegated decision

S/2009/1196 - 8 James Street/36 Sidney Street, Salisbury - dismissed – committee decision

Resolved:

That the report be noted

To consider and determine planning applications in the attached schedule.

Public participation:

Mr Glen Godwin spoke against the application

Mr Martin Gairdner spoke against the application

Mr Henry Colthurst spoke against the application

Mr Tony Allen spoke in favour of the application

Mr and Mrs W Grant spoke in favour of the application

Mr Richard Brasher, representing Berwick St James Parish Council spoke against the application

Mr Jim Carr, representing Winterbourne Stoke Parish Council spoke against the application

A lengthy debate followed during which concerns regarding access, visual impact and environmental issues were raised.

The committee requested that a report on the options for enforcement action including the expediency for so doing, in respect of this site be brought to the next available meeting of the committee.  The report to include details of work already carried out on the site, including that carried out outside the application area and detailing both work that required planning permission and work that did not.

It was also requested that the Development Control Manager be delegated to look into the possibility of a Temporary Stop Notice being issued to prohibit further breaches of planning control at this site, and should it be expedient so to do , to serve such a notice. 

Resolved:

That planning permission be REFUSED for the following reasons:

The site is situated within a prominent part of the landscape, which is designated as a Special Landscape Area, and lies against the backdrop of the Winterbourne Stoke Conservation Area. The development of the site as a touring caravan and camping site would have a significant and unacceptable visual impact upon the landscape qualities of the area, including the setting of the Conservation Area, and it is not considered that this harm would be outweighed by economic benefits or could be satisfactorily addressed through new landscaping. The development would therefore be contrary to the aims and objectives of the adopted Salisbury District Local Plan, including saved policies G1, G2, C2, C6, CN11 and T9, and the guidance contained within PPS4, PPS5, PPS7 and the Good Practice Guide for Planning & Tourism.

That an enforcement report as detailed above be brought to the next available meeting of the committee.

That the Development Control Manager be delegated to look into the possibility of a Temporary Stop Notice and, should it be expedient so to do, to serve such a notice. 

Councillor Michael Hewitt asked that his vote against the resolution be recorded.

With the Chairman’s agreement, this application was considered together with the associated application for listed building consent referred to at minute number 28.3 below.   

Public participation:

Mr Richard Greenwood spoke in favour of the application

Following a debate during which issues of concern were raised regarding flooding it was

Resolved

Provided that :

A   Subject to consultation with the flood group

B   The Environment Agency withdraws its objection and indicates that it does not intend to refer the matter to the Secretary of State

That the Area Development Manager be delegated to GRANT permission for the following reasons :

The property was originally two dwellings and has historically been occupied as two units on the ground and lower ground floors. The existing five bedroom maisonette is likely to be difficult to sell or let without parking, and presently has no flood resistance measures in place. The site is in a sustainable location, close to the city centre, and the ongoing occupation of the flats would benefit the listed building. The property is likely to be more attractive to occupiers if the five bed unit is subdivided as two flats, and the subdivision would reinstate the historic layout of the building. Flood resistance measures and a flood management scheme have been proposed to protect future occupiers from flooding. The proposals would therefore adapt a heritage asset and improve its resilience to climate change under PPS5. The development would reduce the overall number of habitable rooms from five bedrooms to four, and a means of escape is available to the proposed flats on the ground floor at road level. The development would not detrimentally affect neighbouring amenities or existing highway safety conditions. The proposal would therefore be in accordance with adopted policies G2, H8, CN3, CN5, CN8, CN11, C12, C18 and R2 of the Salisbury District Local Plan and the guidance on heritage assets and climate change in PPS5.

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 development shall be implemented in accordance with the Flood Risk Assessment and Management Strategy (Feb 2010) and the Construction Method Statement and Schedule of Works (Feb 2010) before the flats on the ground and lower ground floor are occupied.

Reason: To protect future occupiers against the risk of flooding and to ensure that protected species and the water quality of the River Avon are not harmed during construction.

3. No development shall commence until details of a Flood Management Scheme have been submitted to and approved in writing by the Local Planning Authority. The scheme shall include proposals to ensure that all future occupiers of the flats hereby approved are made aware of the scheme before their occupation commences. The development shall be implemented and occupied in accordance  ...  view the full minutes text for item 28b

Resolved

That the application be GRANTED for the following reasons:

The proposed conversion of an existing listed building to provide two ground floor maisonettes with flood resistance measures would not have any detrimental impact on heritage assets, including the character and setting of the listed building and Conservation Area, and adjacent listed buildings. The development would therefore be in accordance with the guidance in PPS5, and policies CN3, CN5, CN8 and CN11 of the adopted Salisbury District Local Plan.

And subject to the following conditions:

1. The works for which Listed Building Consent is hereby granted shall be begun before the expiration of three years from the date of this consent.

Reason:  To comply with the provisions of Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

2. Notwithstanding the approved drawings, no works shall commence until details of the following matters have been submitted to and agreed in writing by the Local Planning Authority:

a) the proposed front door for the property (fronting St Nicholas Road), and

b) the proposed flood resilience measures to the lower ground floor French windows and window reveals to the sitting rooms

The development shall be implemented in accordance with the approved details, before the ground and lower ground floor maisonettes are occupied.

Reason: To preserve the character of the listed building

POLICY: CN3 and CN5, listed buildings.

3. The development hereby approved shall be in accordance with the following documents/plans submitted with the application, listed below. No variation from the approved documents should be made without the prior approval of this Council.

NJH/0018 Sept 09

Existing Plans, Proposed Plans and Door elevations, received 23/2/10

Planning, Design and Access Statement, WGDP, Feb 2010

Construction Method Statement and Schedule of Works, Feb 2010

Independent wall lining solutions by Karma Acoustics

Reason: For the avoidance of doubt

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

The Chairman requested the committee’s approval to request officers to arrange a site visit in respect of application no’s S/2010/53 and S/2010/98 - Whiteparish Village Store Ltd., The Street, Whiteparish.

Resolved

That the site visit be arranged.