Agenda and minutes

There were no apologies for absence

To approve and sign as a correct record the minutes of the meeting held on 7 October 2010 (copy herewith).

The minutes of the meeting held 7 October 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.

S/2010/1265 – Councillor Douglas said that she knew the previous tenants of 76 Castle Road however she did not have a close association and therefore felt that there was no personal or prejudicial interest.

S/2010/1072 - Councillor Wright declared a personal and prejudicial interest and would withdraw from the meeting for the duration of the consideration and determination of the application.

S/2010/0605 - Councillor Britton read out a statement regarding a letter that he wrote to Sport England which may have created the impression that he had predetermined the application. He would therefore speak in his capacity as local member and then withdraw from the meeting for the duration of the consideration and determination of the application.

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/2010/082716 - Bourne View, Allington – Delegated - Dismissed

S/2009/1543 - Adj 19 Victoria Road, Wilton – Delegated - Dismissed

S/2009/1903 - The Corn Mill, Croucheston, Bishopstone – Committee - Dismissed

S/2009/1820 - 15A Pennyfarthing Street, Salisbury - Delegated - Allowed

And forthcoming appeals as follows:

S/2010/0007 - Stonehenge Campsite, Berwick St James

S/2010/1137 - Adjacent The Packway, Larkhill

S/2010/1025 - Adjacent 18 Folkestone Road, Salisbury

S/2010/0967 - 10 Woodside Road, Salisbury

To consider and determine planning applications in the attached schedule.

Public participation:

Mr Mark Hopkins spoke in objection to the application

Mrs Rosemary Gairdner spoke in objection to the application

Mrs Catherine Lockwood spoke in support of the application

Mr Will Grant spoke in support of the application

Mr Jim Carr, on behalf of Winterbourne Stoke Parish Council, Spoke against the application.

The Planning Officer introduced the report which recommended refusal and drew members’ attention to the late list which contained additional correspondence and supporting information from the applicant.

A debate ensued during which the issue of the Caravan Club’s intention to not renew the applicant’s Certified Location license was discussed in detail.

RESOLVED

That the application be refused for the following reasons:

The application proposes various operational development to facilitate the operation of an existing Caravan Club Certified Location (CL) and the holding of temporary tenting/rally events, as may be permitted under the General Permitted Development Order. However, there is considerable doubt over the future prospects of the site to operate as a CL due to the impending withdrawal of the applicant’s CL license. Furthermore, without the operation of a CL site, it is not considered that the range of permanent facilities proposed, which include structures, hardstandings and other paraphernalia, can be adequately justified for tenting/rally events which are only permitted to be carried out on a temporary basis. Consequently, in the absence of a long term permanent need for the camping/caravan related proposals, the development would represent an unjustified intrusion into the countryside which planning policy seeks to protect. The development would therefore be contrary to planning polices which seek to preserve the character and appearance of the countryside, including saved policies C2 and C6 of the adopted Salisbury District Local Plan, and national planning policy PPS7.

And that:

The Area Development Manager (South) be authorised to take any necessary enforcement action under delegated powers in respect of the unauthorised operational development at this site.

Public participation:

Mr G Campbell-Johnston spoke in objection to the application.

Mr Will Grant spoke in support of the application

The Planning Officer introduced the report which recommended approval.  He emphasised that this application was for advertisement consent  not planning approval and that the committee could only consider  the application in the interests of amenity and public safety.

A debate ensued during which the size and siting of the signs were discussed.

RESOLVED

That advertising consent be granted for the following reasons:

The proposed signs, by virtue of their siting, scale, colouring and design, would not have an unacceptable impact upon amenity or public safety. The proposal would therefore be in accordance with the aims and objectives of PPG19 and the relevant parts of Local Plan policies G1, G2, C2 and C6.

And subject to the following conditions:

1)     No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.

Reason: To accord with the provisions of The Town and Country Planning (Control of Advertisements) (England) Regulations 2007.

2)     No advertisement shall be sited or displayed so as to:

a.      endanger persons using any highway, railway, waterway, dock, harbour or aerodrome (civil or military);

b.      obscure, or hinder the ready interpretation of, any traffic sign, railway signal or aid to navigation by water or air; or

c.      hinder the operation of any device used for the purpose of security or surveillance or for measuring the speed of any vehicle.

Reason: To accord with the provisions of The Town and Country Planning (Control of Advertisements) (England) Regulations 2007.

3)     Any advertisement displayed, and any site used for the display of advertisements, shall be maintained in a condition that does not impair the visual amenity of the site.

Reason: To accord with the provisions of The Town and Country Planning (Control of Advertisements) (England) Regulations 2007.

4)     Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a condition that does not endanger the public.

Reason: To accord with the provisions of The Town and Country Planning (Control of Advertisements) (England) Regulations 2007.

5)     Where an advertisement is required under these Regulations to be removed, the site shall be left in a condition that does not endanger the public or impair visual amenity.

Reason: To accord with the provisions of The Town and Country Planning (Control of Advertisements) (England) Regulations 2007.

Public participation:

Mr Jeff Coy spoke in objection to the application

Mrs June Mills spoke in objection to the application

Mr Mike Bees spoke in support of the application

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

A debate ensued during which such issues as the appropriateness of the site were discussed.

RESOLVED

That the application be approved for the following reasons:

The proposed development would not be unacceptable in principle. Provided its hours are restricted, it would not harm the living conditions of neighbouring properties through unacceptable noise and disturbance, fumes or odour. The filling station would not harm the character or appearance of the area, the safety of highway users or the Strategic Road Network. It would not be harmful in terms of contamination, archaeology, ecology or any other material planning consideration. The development would therefore comply with saved policies G1, G2 (General Development Criteria), E16 (Employment uses) and CN21 (Areas of Archaeological Significance) or the advice in national guidance PPS4 (Planning for Sustainable Economic Growth).

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 full accordance with the following approved plans:

Location and Site Plan 1625-08A, received 27th August 2010

Proposed Elevations 1625-09B, received 27th August 2010

Kiosk plans and elevations 1625-10, received 27th August 2010

Proposed Elevations 1625-09B, received 27^th August 2010

Site Sections and Site Set Out 1625-11B, received 27th August 2010

REASON: for the avoidance of doubt

(3) The development hereby approved shall use the materials specified in the application documentation unless otherwise agreed, in writing, by the Local Planning Authority.

REASON: in the interests of the character and appearance of the area.

POLICY: G2

(4) The use hereby permitted shall not take place except between the hours of 07:00 to 23:00

REASON: in the interests of residential amenity

POLICY: G2

(5) Deliveries to the site, including tanker deliveries, and waste collections shall not take place outside the hours of 07:00 to 21:00.

REASON: in the interests of residential amenity

POLICY: G2

(6) Prior to the commencement of development, a scheme to ensure that the customer parking spaces and forecourt are made inaccessible to motor vehicles when the petrol filling station is closed, shall be submitted to and approved, in writing, by the Local Planning Authority. Development shall be undertaken in accordance with the scheme thereby approved.

REASON: in the interests of residential amenity

POLICY: G2

(7) Noise from mechanical services and refrigeration plant shall not exceed the following noise rating levels (As defined by BS4142:1997):

LAeq (15min) 42 dB(A) between the hours of 07:00 and 23:00; and

LAeq (15min) 33 dB(A) between the hours of 23:00 and 07:00

at the  ...  view the full minutes text for item 112c

Public participation:

Mr Gordon Pearce spoke in objection to the application

Mrs Jess Johnston spoke in objection to the application

Mr Nick Charlton spoke in objection to the application

Mr Paul Stevens spoke in support of the application

Cllr Richard Clewer, local member, spoke in objection to the application

The Planning Officer introduced the report which recommended approval, and drew members’ attention to the late list.  It was also drawn to the Committee’s attention by a member of the public that, contrary to the Officers report, there were side-facing windows in the adjoining property/ 65 Devizes Road.

A debate ensued during which issues of overshadowing and parking provision were discussed.

RESOLVED:

Subject to a unilateral agreement being entered into for the provision of contribution towards public open space, in accordance with policy R2, that planning permission is granted for the following reasons:

Moose Hall is located on the Devizes Road, in an area of mixed architectural character. The building is an unlisted 20^th Century Meeting Hall, and it is considered that it does not have significant architectural merit to warrant protection from demolition.

It is considered that the proposed development will be acceptable in principle, will respect the character and appearance of the streetscene, will not result in an adverse impact upon the amenities/ living environment enjoyed by existing and proposed residents and will not have an adverse impact on highway safety, in accordance with Local Plan policiesG1, G2, D1, D2, H8 and the advice contained within PPS3.

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 (0004 AMENDED)

2.         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 walls and roofs 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: To ensure that the building is appropriately detailed- Policy D2

Public participation:

Mr John Coleman spoke in support of the application

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

RESOLVED:

That planning permission be granted for the following reasons:

The proposal would make efficient use of land in an area where the principle of residential development is acceptable, and the design would be appropriate to the character and appearance of the area. Subject to conditions, there would be no significant adverse impacts to highways safety or the residential amenities of surrounding property. The development would therefore accord with the aims and objectives of the development plan, having particular regard to Local Plan policies G1, G2, D1, D2, H8, TR11, TR14 and R2, and there are no other material considerations which would make the development otherwise unacceptable.

Subject to the owner entering into a legal agreement with the Council in respect of (i) the provision of recreational open space in accordance with the requirements of Policy R2, (ii) a financial contribution towards 3 primary school places, and (iii) a financial contribution towards the provision of waste and recycling bins for the development.

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)     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: To secure a harmonious form of development.

Policy D1 & D2

3)     No development shall commence on site until a scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include:

(a) details of trees and hedgerows to be retained, together with measures for their protection in the course of development;

(b) all species, planting sizes and planting densities,

(c) hard surfacing materials;

(d) proposed and existing functional services above and below ground (e.g. drainage, power, communications, cables, pipelines etc indicating lines, manholes, supports etc).

Reason: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

Policy D1 & D2

4)     No development shall commence on site until details of the design and external appearance of all fences, gates, walls, and other means of enclosure have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details prior to the development being occupied. 

Reason:  In the interests of visual amenity and the character and appearance of  ...  view the full minutes text for item 112e

Public participation:

Mr Dave Staniland spoke in support of the application

Mr David Healing, representing Durrington Parish Council, spoke in support of the application

The Planning Officer introduced the item, which was a reserved matters application for landscaping and appearance of Phase 1 of the development only, and drew members’ attention to the late list which contained a revised recommendation. 

The Planning Officer confirmed that the Wiltshire Council allocations policy for affordable housing is such that this is not a site where a parish connection is required (all the affordable units will be determined by need and not by local connection to Durrington).  The Committee requested that a letter be sent to the Head of New Housing to consider changing the allocation of affordable housing policy to give priority to people with a connection to the parish.

Cllr Wright spoke as local member and withdrew from the debate and vote.

RESOLVED:

Subject to the completion of a supplemental S106 agreement to modify the 2008 S106 agreement to:

a)     Amend the position of 1 affordable dwelling

b)     Update the table of affordable housing mix on the original S106

c)      Allow the affordable housing to be provided in phases (to correspond to phasing condition 5 on the outline consent)

d)     Update the Affordable Housing provisions to take account of replacement of BREEAM by Code for Sustainable Homes and revised mechanisms for the sale of shared ownership units in line with current legislation/regulations

Following completion of which, the decision to grant Reserved Matters be delegated to officers.

Approve for the following reasons:

The layout of the development, access road, ancillary infrastructure, and scale of the development has all been considered and approved on the outline planning application, leaving only Landscaping and Appearance of the dwellings as reserved matters for subsequent approval.

The detailed design components of this reserved matters application are considered to follow the provisions of the adopted development brief and in doing so give a large degree of certainty that this reserved matters application will deliver a high quality scheme that is locally relevant to the context of Durrington.  The application is considered to address the requirements set out in the adopted development brief and accords with the relevant ‘saved’ policies of the Adopted Salisbury District Local Plan, namely:

And subject to the following conditions:

(1) The development hereby permitted shall be begun either before the expiration of three years from the date of outline permission (S/2006/1698), or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

Reason:  To comply with the provisions of Section 92 of the Town and Country Planning Act 1990 as amended by  ...  view the full minutes text for item 112f

Public participation:

Mr Tim Drew spoke in objection to the application

Mr Robert Twiddy spoke in objection to the application

Mr Philip Brown spoke in support of the application

Mrs Sheila Campbell spoke in support of the application

Mr Hugh Bernard spoke in support of the application

Mr Trevor King, representing Whiteparish Parish Council, spoke in support of the application

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

A debate ensued during which the issue of the scale of the development and the impact on the surrounding area were discussed.  Cllr Britton spoke as local member and withdrew from the debate and vote.

RESOLVED: that, subject to referral to the Government Office of the South West

APPROVE

For the following reasons

The provision of enhanced local facilities would accord with national and local guidance as expressed in PPS1, PPS4 and PPS7 and the Local Plan policies G1, PS1, R1A and PS3, and though the proposal will detrimentally effect the current cricket pitch, this is substandard and a newly constructed square in an alternative position would be beneficial to the playing of sport and therefore the proposal would be in accordance with the aims of PPG17

and subject to the following conditions

1 The development hereby permitted shall be begun before the expiration of five 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.This decision relates to documents/plans listed below. 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.

Drawing ref.no 3095 received on 11 October 2010

Drawing ref.no 3095/65 Rev B received on 31 August 2010

Drawing ref.no 3095/66 Rev B received on 23 April 2010

Drawing ref.no 3095/67 Rev A received on 19 April 2010

Drawing ref.no 3095/68 received on 19 April 2010

Drawing ref.no 3095/70 received on 19 April 2010

Drawing ref.no 3095/71 received on 19 April 2010

Interim Ecological Report by Collingridge Ecological Consultants dated March 2009

Ecological Report by Collingridge Ecological Consultants dated July 2009

Method Statement received on 16 September 2010

Pond Hydrology Report prepared by LED Architects received on 7 May 2010

Herpetological Survey by Griffin Ecological dated June 2009

Arboricultural Report by S.J.Stephens Associates received on 19 April 2010

Statement of justification received on 19 April 2010

Waste audit and recycling received on 19 April 2010

Design and access statement received on 19 April 2010

REASON For the avoidance of doubt

3. Notwithstanding the details shown on the submitted plans and forms, no development shall commence on site until details and samples 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. Development shall be carried out in accordance with the approved details.

REASON: In the  ...  view the full minutes text for item 112g

The Planning Officer introduced the report, which recommended approval.

RESOLVED:

That, subject to the approval by the Government Office for the South West, application S/2010/0605 planning permission be granted for the following reasons:

Both national (PPS1, PPS4 and PPS7) and local guidance (policy G1) would support the enhancement of the Village Hall’s facilities. In this case, this enhancement involves the erection of a new hall elsewhere in the village and it is recognised there will be a loss of a community facility if the site of the hall is redeveloped for housing. However, whilst officers are concerned that the current Village Hall could be demolished and no replacement erected, if as in this atypical case, the Parish Council is promoting the scheme and the village supports the proposal then whilst there are concerns that the proposal is not in accordance with Local Plan policy PS3, if permission is granted for a new village hall on the corner of the Memorial Recreation Ground then overall it could be considered that there would not be a loss of a community facility. Therefore the proposal to demolish the existing hall would be acceptable.

As regards the redevelopment of the site, it lies within the Housing Policy Boundary of Whiteparish (policy H16) and therefore the principle of the residential development is acceptable provided any scheme would comply with the other criteria of the Local Plan, particularly policies G2 and D2. However, as this application is in outline, the scheme is indicative and the drawings are only illustrative. But, these indicative details are considered to be in keeping with the character of the area and the further details of the dwellings’ appearance, etc will be the subject of reserved matters submissions.

And subject to the owners entering into an agreement under Section 106 to tie this application to the reprovision of village hall facilities and to the following conditions:

1.      The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

REASON:  To comply with the provisions of Section 92 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

2. No development shall commence on site until details of the following matters (in respect of which approval is expressly reserved) have been submitted to, and approved in writing by, the Local Planning Authority:

a)             The layout of the development;

b)             The external appearance of the development;

c)             The landscaping of the site;

d)             The means of access to the site.

The development shall be carried out in accordance with the approved details.

REASON:  The application was made for outline planning permission and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act 1990 and Article 3(1) of the Town and Country Planning (General Development  ...  view the full minutes text for item 112h

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