Agenda and minutes

Apologies for absence were received from Councillor Wright and Councillor Douglas

To approve and sign as a correct record the minutes of the meeting held on 28 October 2010 (copy herewith).

Minutes of the meeting held on 28 October were presented.

Resolved:

To approve as a correct record and sign the minutes of the Southern Area Planning meeting held on 28 October 2010.

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

S/2010/1194 - Councillor Jeans explained that he had visited the site of the application twice, but that he did not have a close association with the applicant and therefore felt that there was no personal or prejudicial 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/2010/0112 - Adj Ebbleway, Bishopstone – Delegated - Dismissed

S/2009/0732 - 44 York Road – Delegated - Dismissed

And forthcoming appeals as follows:

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

S/2010/0784 - Land at Long Cross, Zeals

S/2010/1587 - Old Chalk Pit, Petersfinger

To consider and determine planning applications in the attached schedule.

Public Participation:

Mr Christian Tinkler spoke in objection to the application

Mr David Ezard spoke in objection to the application

Councillor Joe Rooney, on behalf of Salisbury City Council, spoke in objection to the application

Councillor Ricky Rogers, the local member spoke in objection to the application

The Planning Officer introduced the report which recommended approval. He also drew members’ attention to the late list containing details of 3 additional letters from third party objectors, plus an additional late item changing and adding to the recommended conditions.

A debate ensued around the design of the housing, the concentration of the social housing component and the use of open land were all discussed. Additional conditions were suggested to take account of some local homeowner concerns about light pollution and damage to utilities during construction. The possibility of access to the woodland that forms part of the site was also debated.

Resolved:

That the application be approved as per officer recommendation, with changes to the requirement under point (ii) a scheme for the opening of the wooded area on a trial basis and point (vi) contribution towards the off-site traffic calming measures along Pembroke Road. An additional condition, no. 20 was added in respect of the fence surrounding the former caretaker’s bungalow (Pembroke Park Bungalow) and the fence and works surrounding no. 54 Pembroke Road.

Therefore the decision of the planning committee is that the planning permission be granted subject to a legal agreement/legally binding obligation in respect of:

(i)          The provision of 40 per cent affordable housing

(ii)        A minimum provision on site of 0.18 hectares of formal open space (excluding the wooded area on the Eastern boundary) and the provision of a commuted sum for the continued maintenance and upkeep of the open space and the wooded area. In addition a scheme for the opening of the wooded area to the public on a trial basis.

(iii)       A contribution towards off site open space (R2)

(iv)        Waste and recycling scheme provision

(v)          The achievement of an environmentally- friendly sustainable scheme, including at least a code three code for sustainable homes rating.

(vi)        A financial contribution towards the provision of off-site traffic calming measures and/or other sustainable highway measures along Pembroke Road.

and that planning permission is granted for the following reasons:

It is considered that this application makes maximum use of the available land, providing a substantive proportion of affordable housing on an otherwise vacant site. The proposal therefore complies with policy H1 of the Salisbury District local plan.  The area of open space in the centre of the proposed development it is considered adequately compensates for the loss of the previous school playing fields.

The design and layout of the proposal is satisfactory and it is considered complies with policies G1 and G2 of the adopted local plan as well as design policies D1 and D7 as it makes maximum use of the site whilst considering the significant constraints imposed by levels and heights.

It is  ...  view the full minutes text for item 120a

Public Participation:

Mr Colin Stallwood spoke in objection to the application

Ms Clare Rooney, Architectural Liaison Officer for Wiltshire Police, spoke in objection to the application

Mr Joseph Duffy, the applicant, spoke in support of the application

Councillor A R Drake, representing Sedgewick and Semley Parish Council, spoke in objection to the application.

Councillor Bridget Wayman, the local member, spoke in objection to the application

The Planning Officer introduced the report which recommended refusal.

A discussion ensued where the implications of antisocial hours of operation, noise and highways problems were discussed.

Resolved:

That the application be refused for the following reasons:

The property is located in a quiet and secluded settlement within the open countryside, and is located within close proximity to a number of residential properties, the local school, and church. The proposal is considered to introduce intrusive noise and general disturbance into this part of the settlement, to the detriment of existing amenities. Similarly, due to inadequate parking facilities and restricted visibility from the existing access arrangements, the proposal is considered to be detrimental to highway safety. The proposal is therefore contrary to the aims and objectives of saved policy G2 of the adopted Salisbury District Local Plan.

Public Participation:

Mr John Dixon spoke in objection to the application

Councillor A R Drake representing Sedgehill & Semley Parish Council spoke in objection to the application

Councillor Bridget Wayman spoke as the local member in objection to the application

The Planning Officer introduced the report which recommended approval.

Following a debate it was:

Resolved:

To defer consideration of the application to the next meeting, in order for a site visit to take place to ascertain the impact on the neighbouring property .

Public Participation:

Councillor George Flower, West Tisbury Parish Council, spoke in objection to the application

Councillor Tony Deane, the local member, spoke in objection to the application

The Planning Officer introduced the report which recommended approval.

A debate ensued, focused on issues of overdevelopment of the site and the quality of the vehicular access to/from the proposed building and it was

Resolved:

That the application be refused for the following reason:

The proposed dwelling, due to a combination of its overall design & scale, the restricted nature of the site, and the restricted nature of its parking/turning area would be out of keeping with the more spacious character of the surrounding rural area, and would result in a cramped development with limited level of amenity space to the occupiers.

The proposal would therefore be contrary to the aims and objectives of saved polices G2, D2 of the adopted Salisbury District Local Plan.

Mr Henry Wilkinson spoke in objection to the application

Mr Martin Smith, the agent spoke in support of the application

Mr Paul Barnfield, representing Alderbury Parish Council spoke in objection to the application

With the Chairman’s agreement, this application was considered together with the associated application for demolition of an existing nursery building on the site referred to at minute number 104f below.

The Planning Officer introduced the report which recommended approval

Following a debate about the design, scale and mass of the proposed building, its relationship with the surrounding listed buildings, and the nature of the access to the site, it was:

Resolved:

To refuse the application for the following reasons:

1.      The site is located in open countryside within a Special Landscape Area and outside of the Housing Policy Boundary of Alderbury, as defined in the adopted Salisbury District Local Plan. It is also in a sensitive location by virtue of being located in the Alderbury Conservation Area close to and within the setting of a number of residential Grade II Listed Buildings. The single-storey building on the site was formerly occupied by the Alderbury Nursery School which has now transferred to a site adjacent to Alderbury Primary School

The site may be considered to be previously developed land as defined by PPS3 and consideration had been given to any benefit from the removal of the current use and buildings on the site. Notwithstanding, this is outweighed by the harm caused by a combination of the size, bulk and design of the proposed new development, which would have a detrimental impact on the setting of the surrounding listed buildings, would fail to preserve or enhance the character of the Alderbury Conservation Area and would have an adverse effect on the quality of local landscape. As such the proposal is considered to be contrary to policies C6, D2, CN5 and CN8 of the Salisbury District Local Plan and national guidance as expressed in PPS1, PPS3 and PPS5.

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

Informative

It should be noted that the reason given above relating to Policy R2 of the Adopted Replacement Salisbury District Local Plan could be overcome if all the relevant parties agree to enter into a Section 106 legal agreement or if appropriate by condition, in accordance with the standard requirement for recreational public open space.

The Committee discussed the current status of the land, and upon being put to the vote it was:

Resolved:

That Conservation Area Consent be granted for the following reason:

The proposal will allow the enhancement of the Conservation Area in accordance with policy CN9

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.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.

1090-LOC-02 received on 18 March 2010

L.0118-28-1 received on 26 March 2010

Elevations received on 18 March 2010

Protected Species Assessment prepared by Chalkhill environmental consultants received on 18 March 2010

REASON For the avoidance of doubt

3 Prior to the commencement of development (which includes the demolition of the existing building) hereby approved, the recommendations in part 6 of the Protected Species Assessment prepared by Chalkhill environmental consultants received on 18 March 2010 shall be implemented.

REASON In the interests of protected species

Policy: CN12 (Protected species) and the Wildlife and Countryside Act 1981 (as amended)

4 Within three months of the demolition of the existing buildings on the site, all debris, (including the foundation slabs) and materials arising from the demolition shall be permanently removed from the site, unless otherwise agreed in writing by the Local Planning Authority.

REASON In the interests of the amenity of the Conservation Area

Policy: G2 General criteria and CN8 Conservation Area

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

None.