Agenda and minutes

Apologies were received from Cllr Mary Douglas (substituted by Cllr John Smale), Cllr Brian Dalton (substituted by Cllr Paul Sample) and Cllr Mike Hewitt (substituted by Cllr Bill Moss).

To approve and sign as a correct record the minutes of the meeting held on 26 August 2010.

The minutes of the meeting held on 26 August 2010 were presented.

Resolved:

To approve as a correct record and sign the minutes.

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

There were none.

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 from the Principal Enforcement officer.

Public participation:

Lt. Col. Stephen Bush, spoke in support of recommendation B, as per the report

Mr Will Simpson-Gee spoke in support of recommendation B

Mr Henry Colthurst spoke in support of recommendation B

Mr Tony Allen, the agent, spoke in support of recommendation A

Mr Will Grant, the owner, spoke in support of recommendation A

Mrs Susan Grant, the owner, spoke in support of recommendation A

The Planning Officer introduced the report and drew members’ attention to the late list.

The Committee discussed the options presented by the case officer regarding the Council’s interpretation of Part 4 of the General Permitted Development Order (GDPO), the implications of this and the prospect of taking enforcement action in light of this against the operators of the aforementioned site.

The issue of whether the site subject of the report could and should be considered to be one or two planning units was also discussed.

Resolved:

That the Area Development Manager (South) be authorised to issue the following Enforcement Notice under Section 172 of the Town and Country Planning Act 1990 and serve it on the appropriate person(s) as follows:

Alleging the following breach of planning control:

Without planning permission, the use of the Land for temporary events, in particular the use as a temporary camping site for the stationing and human habitation of tents, in excess of that permitted by Part 4, Class B of the Town and Country Planning (General Permitted Development) Order 1995.

The Enforcement Notice to require the following steps to be taken:

1. Remove any tents stationed on the Land; and
2. Cease permanently the use of the Land for temporary events, in particular the use as a temporary camping site for the stationing and human habitation of tents, in excess of that permitted by Part 4, Class B of the Town and Country Planning (General Permitted Development) Order 1995.

Timescale for compliance with the Enforcement Notice:

Step 1: One month.

Step 2: One month.

Reasons for serving the Enforcement Notice:

1. The Land 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 and is in close proximity to a Site of Special Scientific Interest/Special Area of Conservation. The Land is also in close proximity to a number of residential properties. The unlimited use of the Land as a camping site for the stationing and human habitation of tents in excess of the 28 days per calendar year permitted by Part 4, Class B of the Town and Country Planning (General Permitted Development) Order 1995, has had 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 is outweighed by economic benefits or could be satisfactorily addressed through new landscaping. The use has also seriously adversely affected neighbouring and nearby residential amenities, by reason of the undue noise and disturbance caused by activities on  ...  view the full minutes text for item 94.

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

The Committee received details of the following appeal decisions:

S/2009/1477 Land Between Pearl Cottage and the Bungalow, Cholderton, Salisbury – Dismissed – Delegated (Costs awarded to WC)

09/1538 Ware Farm, Benn Lane, Farley – Allowed – Delegated

And forthcoming appeals as follows:

S/2010/0827 16 Bourne View, Allington

S/2009/1936 Site at 66 Winterslow Road, Porton

S/2010/1248 Land at Former Knightwood Kennels

S/2010/1275 Land at Former Knightwood Kennels

Resolved:

That the report be noted.

To consider and determine planning applications in the attached schedule.

Please note – additional maps to be included as late additions.

Owing to the receipt of significant late items, it was agreed that this item be deferred to a later meeting of the Southern Area Planning Committee.

Owing to the receipt of significant late items, it was agreed that this item be deferred to a later meeting of the Southern Area Planning Committee.

With the Chairman’s agreement, this application was considered together with the associated Conservation Area Consent application for pre-required demolition works referred to at minute number 96d below.   

Public participation:

Mr Peter Borchert, the architect, spoke in support of the application.

The Planning Officer presented the report which recommended approval subject to conditions, and drew attention to the late list of additional information.

A debate ensued regarding the design, form and extent of development, impact on surroundings, site drainage and highway safety implications of the proposal.

Resolved:

That the application be approved subject to submission of a Unilateral Undertaking under S106 of the Town and Country Planning Act for the provision of a financial contribution to secure public recreational open space facilities in accordance with Local Plan policy R2 and conditions, in line with the officer’s recommendations, for the following reasons:

It is considered that the proposed development would not be unacceptable in principle. It would not consist of backland development that would be inappropriate, and would not harm the character or appearance of the Wylye Conservation Area, the Cranborne Chase and West Wiltshire Downs Area of Outstanding Natural Beauty, or the setting of adjacent listed buildings. The development would not result in harm to the living conditions of nearby properties, highway safety, archaeology, ground water source protection, protected species, the River Avon Site of Special Scientific Interest or Special Area of Conservation or public recreational open space facilities. It would not be at unacceptable risk from noise or disturbance.

The proposed development would therefore comply with saved policies H16 (Development within Housing Policy Boundaries), C4, C5 (Development within Areas of Outstanding Natural Beauty), D2 (Infill Development), C10 (Nature Conservation), C12 (Protected Species), G1, G2 (General Development Criteria), G8 (Groundwater Source Protection), CN8 (Development within Conservation Areas), CN9 (Demolition of Buildings within Conservation Areas), CN10 (Loss of Gardens in Conservation Areas), CN21 (Areas of Special Archaeological Interest) and R2 (Public Recreational Open Space) of the Adopted Salisbury District Local Plan (saved policies).

It would also comply with National Guidance in PPS1 (Delivering Sustainable Development), PPS3 (Housing), PPS5 (Planning for the Historic Environment), PPS7 (Sustainable Development in Rural Areas), PPS9 (Protected Species), PPS23 (Planning and Pollution Control) and PPG24 (Planning and Noise) and the advice the Wylye Conservation Area Appraisal and circular 03/99.

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 hereby approved shall be undertaken in accordance with the following approved plans:

REASON: for the avoidance of doubt and in the interests of proper planning

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

(i) Large scale details of all  ...  view the full minutes text for item 96c

The Planning Officer presented the report which recommended approval subject to conditions, and drew attention to the late list of additional information.

Resolved:

That the application be approved for the following reasons:

The proposed demolition, provided that it is replaced by house 1 as proposed in planning application S/2010/0310, would maintain the character and appearance of the Conservation Area. It would therefore comply with policies CN8 and CN9 (development and demolition of buildings within Conservation Areas) of the Adopted Salisbury District Local Plan and the advice in PPS5 (Planning for the Historic Environment) and the Wylye Conservation Area Appraisal.

And subject to the following conditions:

(1) The works for which conservation area consent is hereby granted shall be begun within 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) No works for the demolition of the building or any part thereof shall commence on site until a valid construction contract has been entered into under which one of the parties is obliged to carry out and itself complete the works of development of the site for which planning permission has been granted under application reference S/2010/0310 or such other application(s) approved by the Local Planning Authority; and; evidence of the construction contract has first been submitted to and approved by the Local Planning Authority.

Public participation:

Mr David Wise, neighbour, spoke in opposition to the application

Mr Rupert Sebaq-Montefiore spoke in opposition to the application

Mrs Caroline Bannock, a local resident, spoke in opposition to the application

Mr Diccon Carpendale, the agent, spoke in support of the application

Mr Hugh Abel spoke in support of the application

Mr Charles Smith, of Dinton Parish Council, spoke in support of the application

Mrs Bridget Wayman, the local member, spoke in opposition to the application

The Planning Officer presented the report which recommended approval subject to conditions and drew attention to the late list of additional information.

A debate ensued regarding the design and scale of the proposed development, and its impact on the neighbouring conservation area and surrounding views.

Resolved:

That the application be refused for the following reasons:

1) The site is situated on the edge of the built up area of the village of Dinton, within a designated Housing Restraint Area, occupying a sensitive location within the landscape. The scale and design of the dwelling would result in the development having an excessive impact within the landscape, that would be seen to harmfully extend the village into the open rural area. The development would therefore be contrary to saved policies H19 (i & iv) and C5 of the adopted Salisbury District Local Plan.

2) The proposed dwelling would unacceptably harm the amenities of Orchard Cottage, through overbearing and overlooking impacts, due to a combination of the excessive bulk of the facing south elevation, its elevated ground level and proximity to the southern boundary, and positioning of windows. The development would therefore be contrary to saved policy G2(vi) of the adopted Salisbury District Local Plan.

3) The proposed residential development is considered by the Local Planning Authority to be contrary to Policy R2 of the adopted Salisbury District Local Plan because appropriate provision towards public recreational open space has not been made.

INFORMATIVE - R2 FOR REFUSAL:

It should be noted that the reason given above relating to Policy R2 of the adopted Local Plan could be overcome if all the relevant parties can agree with a Section 106 Agreement, or, if appropriate by a condition, in accordance with the standard requirement of public recreational open space.

Public participation:

Mr Diccon Carpendale, the agent, spoke in support of the application

Mr Damian Cardoza, the applicant, spoke in support of the application

Mr Rodney Coward, of Mere Parish Council, spoke in support of the application

The Planning Officer presented the report which recommended refusal and drew attention to the late list of additional information.

A debate ensued regarding the design and principle of the proposed development in the countryside, economic significance and the unusual circumstances of the applicant with regard to the reason for the application.

Resolved:

That subject to the submission of a Unilateral Undertaking requiring:

i)                    non-separation of title between the existing residential dwelling and the new additional residential dwelling; and

ii)                  provision of a financial contribution to secure public recreational open space facilities in accordance with Local Plan policy R2

That the application be approved for the following reasons:

The site is situated outside of a development boundary, remote from existing settlements, where new residential development would not normally be permitted. However, it is considered that the applicants have demonstrated that there are exceptional personal circumstances which justify the new residential accommodation in this location, and the character of the countryside would be preserved due to the visual benefits provided by the replacement of the existing barn with a more appropriately designed building, which would accord with polices C2 and C6 of the Salisbury District Local Plan.

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 Section 51 (1) of the Planning and Compulsory Purchase Act 2004.

2)     This decision relates to documents/plans submitted with the application, listed below:

Plan Ref….MP-002….                                Date Received….28.05.10….

Plan Ref….05155-2….                                 Date Received….10.09.10….

REASON: For the avoidance of doubt.

3)     Before development is commenced, a schedule of materials and finishes, and, where so required by the Local Planning Authority, samples of such materials and finishes, to be used for the external wall[s] and roof[s] of the proposed development shall be 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 the character and appearance of the area.

POLICY: C6

4)     No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority. Hard landscaping works shall be carried out as approved prior to first occupation of the residential accommodation hereby permitted. All planting, seeding or turfing comprised in the approved details of soft landscaping shall be carried out in the first planting and seeding seasons following the completion of development, whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of development die, are removed or become seriously damaged  ...  view the full minutes text for item 96f

The Committee considered the report, which recommended agreement to an extension of time within which to secure a legal agreement for the aforementioned planning application.

Officers were hopeful that the agreement could be finalised and agreed within the next 3 months at the very latest, and hence this option would result in completion of the agreement and the issuing of planning consent.

Resolved:

1. To agree to the extension of time.
2. To delegate to officers the ability to either refuse the application after the 3 month period or to continue negotiations as they think fit.

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

Report of the Southern Development Management team on the consultation by North Dorset District Council on planning application for 4 no. wind turbine generators and associated works close to the Wiltshire border.

The Chairman approved consideration of this item as a matter of urgency as the matter could not be reasonably delayed until the next scheduled meeting.

The chair drew members’ attention to Agenda Supplement (1) and the consultation paper from North Dorset District Council with regard to an application for four 120m wind turbines and associated works within close proximity to the Southern Wiltshire border.

Public participation:

Cllr Bridget Wayman, the Wiltshire Council adjacent local member, spoke in opposition to the proposed development

A debate ensued regarding the visual impact of such a development on the special landscape areas of South Wiltshire.

Resolved:

That the Committee endorses the contents of the previous Salisbury District Council Western Area Committee report dated 7 August 2008, notwithstanding the reduction in scale by two turbines, and delegates responsibility to Planning Officers to make representations to North Dorset District Council as follows:

That the Committee objects to the above mentioned planning application on the basis of the adverse visual impact to the rural landscape within the County, including land within the Cranborne Chase and West Wiltshire Downs Area of Outstanding Natural Beauty, as well as at other locations, that would result from the erection of four tall, alien, intrusive and animated structures.