Agenda and minutes

Apologies for Absence were received from Councillors Richard Britton, Brian Dalton, Ian McLennan and Graham Wright.

Councillor Bill Moss substituted for Councillor Britton

To approve and sign as a correct record the minutes of the meeting held on 16 September 2010 (copy herewith).

The minutes of the meeting held 16 September 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 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 receive details of completed and pending appeals (copy herewith).

The committee received details of the following appeal decisions:

S/2010/0209 1 Landford Manor, Stock Lane, Landford – Delegated - Dismissed

S/2009/1291 29 Middleton Road Salisbury – Delegated - Dismissed

And forthcoming appeals as follows:

S/2010/0884 Land at Bishops Drive, Harnham, Salisbury

To consider and determine planning applications in the attached schedule.

Public participation:

Mrs Janet Davies spoke in opposition to the application

Mr Robin Tuttiett spoke in opposition to the application

Mr Collins spoke in opposition to the application

Mrs Fitzjohn spoke in support of the application

Mr Lucas spoke in support of the application

Councillor Rooney of Salisbury City Council spoke in support of the application

Councillor Roberts of Salisbury City Council spoke in support of the application

Councillor Lindley of Salisbury City Council spoke in support of the application

Councillor Richard Clewer, local member, spoke in opposition to the application

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

A debate ensued during which issues regarding the terracing were raised, together with the benefits of improving the park for residents.

Resolved:

That planning permission be granted for the following reasons:

The planning application relates only to the areas identified in the two red lined areas.  Only certain aspects of the proposals require planning permission (these include the excavation works to create the new rose garden, the raised flower beds to the main entrance and lawn terracing). 

It is considered that the proposals would not cause any significant demonstrable harm to interests of acknowledged importance, in this case, the impact on the character and appearance of the conservation area, trees, public rights of way, the River Avon SSSI and SAC, protected species, flooding, archaeology, crime and disorder and adjacent residential amenity.

The proposal is considered to be in accordance with the aims and objectives of the following saved policies in the Salisbury Local Plan namely:

G1, G2            General Development Criteria

R6       Urban Parks

R17     Development affecting Public Rights of Way

C7       Landscape Setting of Salisbury and Wilton

C11     Areas of High Ecological Value

C12     Protected species

C17     Flood plains

C18     Development affecting the enjoyment etc of a river

CN5    Development affecting the setting of a listed building

CN8    Development in Conservation Areas

T1        Tourist facilities

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) No development shall commence until a schedule of tree works to the trees identified as Group 1 on drawing No 279.08 Rev B has been submitted to and approved in writing by the Local Planning Authority.  The development shall be completed in accordance with the agreed details.

Reason: In the interests of visual amenity

Policy : G2 (General)

(3) No development shall commence on the site until full details of the works to be carried out on the public highway of Mill Lane have been submitted and approved in writing with the local planning authority.  The works approved pursuant to the above condition shall be carried out in accordance with the approved details and to the satisfaction of the planning authority.

Reason:  ...  view the full minutes text for item 104a

Public participation:

Mr Richard Greenwood spoke in support of the application

Councillor Rooney of Salisbury City Council spoke in objection to the application

Councillor Lindley of Salisbury City Council spoke in objection to the application

Councillor Richard Clewer, local member, spoke in support of the application

The Planning Officer introduced the report which was recommended for approval and drew members’ attention to the late list which confirmed that a signed unilateral undertaking (dated 6^th October) and cheque payment for the outstanding commuted sum had been received by the Council.

A debate ensued during which concerns regarding overdevelopment and parking issues were raised.  The committee requested that an additional condition be added to restrict the hours of operation of the commercial units.

Resolved:

That planning permission be granted for the following reasons:

In principle, the redevelopment of this site for residential purposes is considered acceptable, and preferable to the previous petrol station use, and in line with government guidance.

In design terms, the scheme is similar in approach compared to the previous 2005 approved scheme. The redevelopment of the site for residential purposes and a modest commercial use is likely to have far less impact than the previous petrol filling station use, and the scheme has been sensitively designed to avoid any significant loss of privacy or overshadowing of adjacent neighbours. The use of the site for residential purposes has not been objected to by the EHO. The redevelopment of the site is likely to have less impact in traffic terms than the previous commercial use, and given its sustainable location, is likely to encourage use of sustainable modes of transport other than the private car.

The applicant has entered into a legal agreement which provides contributions towards off site open space and educational facilities.

The proposal is considered to be in accordance with the aims and objectives of the following saved policies in the Salisbury Local Plan namely:

G1 – Sustainable Development

G2 – General Development Control Criteria

D1 – Design Criteria

D2 – Design Criteria

R2 – Public Recreational Open Space

H8 – Housing Policy Boundary

TR11- Off Street car parking

TR14 – Provision of cycle parking

R2 – Recreational open space

E16 – Loss of Employment.

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) No development shall commence until full details of the cycle storage provision to include the design and timing for provision and the allocation to users shall be submitted to, and approved in writing by the Local Planning Authority, and the development shall subsequently accord with the approved scheme.

Reason: To ensure that adequate and suitable cycle parking spaces are available to the residents of the development.

Policy: TR14 (Provision of cycle parking).

(3) The 3 parking spaces  ...  view the full minutes text for item 104b

With the Chairman’s agreement this application was considered together with the associated application for building consent referred to at minute number 10d below.

Public participation:

Councillor Tony Deane, in his capacity as a member of the public, spoke in support of the application.

Mrs Sophie Durlacher spoke in support of the application

Mr Alan Moon spoke in support of the application

Mr Richard Longfox, Chair of Teffont Parish Council, spoke in objection to the application

The Planning Officer introduced the report, which recommended refusal, and drew members attention to the late list.

A debate ensued during which concerns that the application was in a Conservation Area and Special Restraint Area were raised.

Resolved:

That planning permission be refused for the following reasons:

The application dwelling forms the corner part of a group of grade II listed cottages at a prominent highway junction within the village of Teffont Evias. The village is within a Conservation Area and is one of only six settlements within the former Salisbury District which have been designated as a Special Restraint Area for their outstanding and unspoilt nature. The proposal to insert an outbuilding into the south-eastern side of the site, attached via a link at the corner of the cottages, would dramatically change the setting of the listed buildings and their visual and physical links with the streetscene. The principal (southern) elevation of Evias Cottage would be substantially affected and removed from public view, and the openness of the (eastern) frontage of the cottage group would be harmfully eroded, replaced by a much harder and higher degree of enclosure formed to the street. The proposal would therefore fail to respect the character and setting of the listed cottages, and would not preserve the character of the Conservation Area or Special Restraint Area, contrary to saved polices G1, G2, H21, CN3, CN5, CN8, CN11 of the adopted Salisbury District Local Plan and the aims and objectives of PPS5 and the Salisbury Design Guide: Creating Places.

The Planning Officer introduced the report which recommended refusal.

Resolved:

That listed building consent be refused for the following reasons:

The application dwelling forms the corner part of a group of grade II listed cottages at a prominent highway junction within the village of Teffont Evias. The proposal to insert an outbuilding into the south-eastern side of the site, attached via a link at the corner of the cottages, would dramatically change the setting of the listed buildings and their visual and physical links with the streetscene. The principal (southern) elevation of Evias Cottage would be substantially affected and removed from public view, and the openness of the (eastern) frontage of the cottage group would be harmfully eroded, replaced by a much harder and higher degree of enclosure formed to the street. The proposal would therefore fail to respect the character and setting of the listed cottages, contrary to saved polices CN3 and CN5 of the adopted Salisbury District Local Plan and the aims and objectives of PPS5 and the Salisbury Design Guide: Creating Places.

With the Chairman’s agreement, this application was considered together with the associated application for listed building consent referred to at minute number 104f below.

Public participation:

Mr Brian Watts spoke in support of the application

Mr Stephen Wichary spoke in support of the application 

The Planning Officer introduced the report which recommended refusal.

A debate ensued during which the comments of the Conservation Officer and Parish Council were discussed.

Resolved:

That planning permission be approved for the following reasons:

The extension would respect the character of the listed building by virtue of its subservient scale, linear form and appropriate design and materials. There would be no significant impact upon the amenity of neighbours, and the character of the conservation area would be preserved. The development would therefore be in accordance with the aims and objectives of the development plan and other material Government guidance, having particular regard to saved Local Plan policies G2, D3, CN3, CN8, C5 and national planning policy 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 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….102A...               Date Received….16.07.10….

Plan Ref….103...                  Date Received….16.07.10….

Reason: For the avoidance of doubt.

3)     No development shall commence on site until written details 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. Where so requested by the local planning authority, samples of materials shall be provided on site for further written agreement. Development shall be carried out in accordance with the approved details.

Reason: In the interests of preserving the character and appearance of the listed building and its setting.

Policy: CN3

Resolved:

That listed building consent be approved for the following reasons:

The extension would respect the character of the listed building by virtue of its subservient scale, linear form and appropriate design and materials. The development would therefore be in accordance with the aims and objectives of the development plan and other material Government guidance, having particular regard to saved Local Plan policy CN3 and national planning policy 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 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990 as amended by  Section 51 ( 4) of the Planning and Compulsory Purchase Act 2004.

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

Plan Ref….102A...               Date Received….16.07.10….

Plan Ref….103...                  Date Received….16.07.10….

Reason: For the avoidance of doubt.

3)     No development shall commence on site until written details 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. Where so requested by the local planning authority, samples of materials shall be provided on site for further written agreement. Development shall be carried out in accordance with the approved details.

Reason: In the interests of preserving the character and appearance of the listed building and its setting.

Policy: CN3

4)     No works shall commence on site until details of all new external window and door joinery have been submitted to and approved in writing by the Local Planning Authority. The submitted details shall include elevations at a scale of not less than 1:10 and horizontal/vertical frame sections (including sections through glazing bars) at not less than 1:2. The works shall be carried out in accordance with the approved details.

Reason: In the interests of preserving the character and appearance of the listed building and its setting.

Policy: CN3

Public participation:

Mr Richard McClay spoke in support of the application

The Planning Officer introduced the report which recommended approval.

A debate ensued on the application, in particular regarding the use of opaque glass in the roof lights.

Resolved:

That planning permission be granted for the following reasons:

On balance it is considered that the proposal is appropriate to the existing building and surrounding area, will avoid unduly disturbing, interfering, conflicting with or overlooking adjoining dwellings or uses to the detriment of existing occupiers, and will not be detrimental to the Water Source Catchment Area. Therefore it is considered to conform with Adopted Salisbury District Local Plan saved policies G2, G8 and D3.

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.

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

POLICY - G2 (General Development Guidance), D3 (General Design Guidance)

(3) Development shall be carried out in accordance with the Consruction Method Statement dated April 2010.

REASON: In order to mitigate the impact on the Water Source Catchment Area

POLICY: G8 (Development within the Water Source Catchment Area)

(4) Development shall be carried out in accordance with the following plans:

366-03 B Submitted on16/08/10

No variation from the approved documents should be made without the prior approval of this Council. Amendments may require the submission of a further application.

REASON: For the avoidance of doubt

(5) Before the development hereby permitted is first occupied the roof light and dormer window in the north elevation and the roof light in the south elevation shall be glazed with obscure glass only and the windows shall be permanently maintained with obscure glazing at all times thereafter.

REASON:  In the interests of residential amenity and privacy.

POLICY-- G2 (General Develolpment Guidance)

(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), no window, dormer window or rooflight, other than those shown on the approved plans, shall be inserted in the south or north elevations of the development hereby permitted.

REASON:  In the interests of residential amenity and privacy.

POLICY - G3 (General Development Guidance)

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