Agenda and minutes

Apologies were received from Cllr Dalton, who was substituted by Cllr Sample.

The minutes of the meeting held on 13 January 2011 were presented.

Resolved:

To approve as a correct record and sign the minutes.

S/2010/1247 - Brockhurst, White Road, Mere

Cllr Britton wished it to be noted in the minutes for the avoidance of doubt that he had arranged funding (which was not taken up) for two houses opposite Brockhurst, the site of S/2010/1247, approximately 3 years ago. He was advised there was no personal or prejudicial interest.

The Chairman introduced the new Area Development Manager (South), Mr Andrew Guest.

The Committee noted with sadness the death of Mr Mike Fowler, an ex-Salisbury District Councillor who had given many years service to South Wiltshire, including on the planning committees.

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

The Committee noted the rules on public participation.

The planning officer presented a report which sought the Committee’s decision regarding two options for operation of a bus service to be provided by Tesco in Amesbury.

Members were asked to consider the route previously agreed as part of the section 106 agreement for the original application, and a newly proposed route which would require formal authorisation to amend the s106 agreement.

Officers answered questions on the advantages and disadvantages of each route, and clarified that a bus had already been purchased to operate on the route chosen.

A debate followed, during which the following points were raised:

·         Moving from a service in perpetuity, but potentially subject to a review if the service was not being used adequately, to a situation where Tesco would provide £500,000 as a commuted sum for a bus service that was estimated to be funded for approximately 7 years.

·         The revised service served an additional residential estate, as well as the business park at Solstice Park; thus offering viable public transport for residents of Amesbury who worked at the park or wished to visit

·         It was clarified that as the section 106 agreement stood, Tesco had the ability to withdraw the service if the bus was not “well-used”

·         The service provides a connection for Antrobus Road which was previously withdrawn and sorely missed.

·         The service will be provided by ComTrans South Wiltshire and as such the Council will have an increased ability to control and monitor it.

Cllr Douglas wished it to be noted that distribution of leaflets about the bus service operation, by the operators, made it appear as if a decision had already been taken: this was highly unwelcome and bad practice.

Resolved:

To follow option one, as set out in the officer’s report: to change the provisions previously secured in the s.106 agreement and to agree the changes to allow the new route, timetable and payment, as summarised below:

·         A circular bus route to be run between the hours of 7.30am and 18:00.

·         A sum of £500,000 to buy a bus and run a service.

·         A circular route to include Solstice Park and Archers Gate.

Public Participation:

Councillor Tony Deane, the local member, spoke objecting to the application and on behalf of Donhead St. Mary Parish Council.

The Enforcement Team Leader presented his report, which sought the committee’s comments on a proposal by Dorset County Council to build a gypsy and traveller site on land to the south/east of the Dorset County A30 Depot site, Salisbury Road, Shaftesbury, which was close to the county boundary.

It was made clear that the application was for 10-year permission only, as the site lay on the corridor for a planned A30 Shaftesbury Bypass, which was in hiatus.

Technical questions were asked about the potential for the site to increase in size, the possibility of conditioning light control, and the process for identifying unmet need when considering gypsy and traveller sites. It was explained that there was no proposal to enlarge the site at this time, and that light control could be added to the list of proposed conditions for the site. The estimates of need rely on Gypsy and Traveller accommodation assessments.

A discussion ensued and key points mentioned were as follows:

·         This application seizes upon an existing site, which is under-utilised

·         The site has a positive impact on Wiltshire Council provision

·         The possibility of conditioning tenancies to included a register of occupants, who have produced identification, to establish who is in-situ on the site

·         That officers and members should be aware of the broader need for such provision when considering such sites, and co-operate with neighbouring authorities accordingly

Resolved

That NO OBJECTION is raised to the proposals subject to appropriate conditions as described below being imposed:

In the event that planning permission is granted for the development, conditions should be imposed, including: limiting the duration of the permission for 10 years; requiring removal of any contamination prior to occupation; requiring the carrying out of the screening/ noise attenuation works prior to occupation; restricting occupancy to individual/s who meet the definition of a gypsy or traveller; restricting the extent commercial activities, securing the implementation of the landscape planting proposed; exercising control over external lighting and use of a suitably coloured palisade fence (not galvanised).

The Committee received details of the following appeal decisions:

S/2010/0628 - 32 Winchester Street, Salisbury – Delegated – Allowed

S/2010/1137 - Mobile Catering Unit – land adjacent The Packway, Larkhill -  Delegated – Dismissed

S/2010/1025 - Land adj. 18 Folkestone Road, Salisbury -Delegated – Dismissed

S/2010/1318 - Waters Edge, Hackthorne Road, Durrington - Delegated – Dismissed

S/2010/1062 - Castle Road Salisbury -Delegated – Allowed

S/2010/1016 - Old School High Street Maiden Bradley- Delegated – Dismissed

And forthcoming appeals as follows:

S/2010/0893  - Golden Cottage Mead End Bowerchalke

S/2009/1943 - Land North, West And South Of Bishopdown Farm

A schedule of additional correspondence (attached) was circulated for the members’ information.

This item was taken as the first application to be considered, at the request of the Chairman.

The Chairman suggested that a site visit should be made prior to consideration of this item and on being put to the vote it was

Resolved:

That a site visit should be undertaken, in advance of any decision being made by the Committee, given the nature of the application site.

Public Participation:

Mr Martin Leahy spoke in objection

Mr Malcolm Hobbs spoke to object to the application

Mr Roy Haydon spoke in support of the application

Cllr George Jeans, the local member spoke to relay concerns by the local Town Council about overdevelopment of the site and inadequate access to it.

Cllr Green, Cllr Westmoreland, Cllr Britton, Cllr West, Cllr Jeans and Cllr Douglas had attended a site visit earlier in the day.

The Planning officer outlined his report and drew members attention to additional comments received on the list of late correspondence. A discussion followed and the key points raised were as follows:

·         A lack of suitable parking provision, and the associated possibility of neighbour conflict

·         Emergency Access

·         Overdevelopment and the feeling that the development was out of context with its surroundings.

Resolved:

That the application be refused, for the following reasons:

1)    The proposed dwelling would result in an overdevelopment of the site, leading to a poor living environment for the occupants of existing and proposed dwellings, and which would be out of keeping with the character of the surrounding area by virtue of the cramped and excessive density of development. The proposal would therefore be contrary to the aims and objectives of the development plan and Government guidance, having particular regard to saved Local Plan policies G2, D2, H16 and PPS1, PPS3.

2)    In the absence of a suitable commuted payment being made towards off site open space provision, the proposal is contrary to saved policy R2 of the Salisbury District Local Plan.

Public Participation:

Mr Mike Lyons, Architect spoke in support of the application

Mr Michael Blyth, Applicant spoke in support of the application

Mr John Jenkins, spoke in support of the application

Cllr Green, Cllr Westmoreland, Cllr Britton, Cllr West and Cllr Jeans had attended a site visit earlier in the day.

The Planning Officer summarised the content of his report, and made clear that there was no specific policy to limit roof heights in villages, other than normal planning precepts.

Members considered the uniqueness of the site, how the applicants had addressed problems with overlooking, and subsequently it was

Resolved:

That planning permission is GRANTED for the following reasons:

It is considered that the proposal is appropriate to the existing building and surrounding area (designated an AONB)  and will avoid unduly disturbing, interfering, conflicting with or overlooking adjoining dwellings or uses to the detriment of existing occupiers. Therefore it is considered to conform with Adopted Salisbury District Local Plan saved policies G2, D3 and C5.

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

380/P.02  Submitted on 12/11/10

380/P.04  Submitted on 12/11/10

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

(3) Before the development hereby permitted is first occupied the bathroom window  in the south elevation shall be glazed with obscure glass only and the window shall be permanently maintained with obscure glazing at all times thereafter.

REASON:  In the interests of residential amenity and privacy.

POLICY-- G2 (General Design Guidance)

(4) No development shall commence on site until details of the external materials  to be used on the walls and roof of the development 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 interests of visual amenity and the character and appearance of the area.

POLICY- D3 (General Design Guidance), C5 (Development within an AONB)

(5) No construction work shall take place on Sundays or Public Holidays or outside the hours of 07:30 to 18:00 on weekdays and 08:00 to 13:00 on Saturdays. This condition shall not apply to the internal fitting out of the development.

Reason: To minimise the disturbance which noise during the construction of the proposed development could otherwise have upon the amenities of nearby dwellings.

Policy: G2 (General Development Guidance)

Public Participation:

Mr Robin Clarke, DPM – Rose & Crown Pub spoke in objection to the application

Mrs Verity Alsop spoke in objection to the application

Mr Patrick Oetiker, spoke in support of the application

Mr John Clee, representing Bulford Parish Council, spoke in objection to the application

Cllr Smale, the local member, spoke in objection to the application, on the basis of the size of the site and the application’s proximity to neighbouring properties when built, and supporting the Parish Council and local objections.

The Planning Officer outlined his report and drew members attention to additional comments received on the list of late correspondence. The application was a revised version of an application for the same site that had previously been considered by the Committee.

Members had a variety of views about the suitability of the plot for a family dwelling. A debate ensued and the following points were considered:

·         The reason for refusal when the previous design had been considered was based on the contemporary design.

·         The closeness of both the Pub and nearby Youth Club, which both had the capacity to generate noise, and thus become subject to complaints which would impair their operations

·         The provision of a needed family home in unused, rather than green space, in the centre of a village.

·         The nature of the plot means any house will probably be ‘hidden’ from the main road

Resolved:

That subject to the submission of a unilateral agreement under s106 of the Town and Country planning Act 1990, in relation to public recreational open space:

Planning Permission be GRANTED for the following reason:

It is considered that the proposed design has addressed the previous reason for refusal in relation to the uncharacteristic design, shape and form of the dwelling and that it would now respect the character and appearance of the area, including its architectural characteristics and materials. Subject to conditions the proposal would not result in unacceptable living conditions or adverse impacts upon neighbouring uses, and there would be no harm to highway safety or any other material planning consideration. The proposal would therefore accord with the aims and objectives of the development plan, having particular regard to Local Plan policies G1, G2, D2, H16, CN11, CN21, R2, TR11, TR13, TR14 and PPS1, PPS3, PPS5, PPG24.

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 only be undertaken in accordance with the following approved plans:

Plan Ref….927 110 Rev. E...                   Date Received….26.01.11….

Plan Ref….927 111 Rev. H...                   Date Received….26.01.11…

Plan Ref….927 115...                                 Date Received….26.01.11….

Reason: For the avoidance of doubt.

3)    The development shall be carried out in accordance with the recommendations of the submitted Noise Survey Report (JTEC Environmental dated 12^th – 17^th July 2010)  ...  view the full minutes text for item 19d

Public Participation:

Lt Colonel Bush spoke in objection to the application

Mr Neil MacDougall spoke in objection to the application

Mr Mark Hopkins spoke in objection to the application

Mrs Susan Grant spoke in support of the application

Cllr Ian West spoke as local member, objecting to the application.

The Planning Officer outlined the application, which sought permission to renew an extant permission (S/2008/2122) for 3 additional years. This initial application had been granted on appeal. Members were reminded that they were limited to consideration of whether there have been any material changes to planning policy or the physical nature of the site and its surroundings which could affect the development’s planning merits.

After considerable debate about the merits of the application, the current condition of the site and alleged planning breaches, the Committee decided that:

Resolved:

That the application be APPROVED for the following reasons:

There have been no significant material alterations to planning policy since the original approval, nor any significant material changes to the characteristics of the site and its surroundings that would warrant not permitting an extension to the time limit for implementation. Consequently it is still considered that the proposal is acceptable in principle and would be appropriate in visual, amenity, environmental and highway terms. The development would therefore accord with the aims and objectives of the development plan and Government guidance, having particular regard to saved Local Plan policies G1, G2, G4, H30, E21, CN21, CN22, C2, C6, C8, C12, TR11, TR14, R1C and PPS1, PPS4, PPS7, PPG13.

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….0516-02...                   

Plan Ref….0516-03A...                 

Plan Ref….0516-04B...                

Plan Ref….0516-05...                   

Plan Ref….0516-06C...                

Plan Ref….0516-07...                   

Plan Ref….0516-08...                   

Plan Ref….0516-99...                   

Plan Ref….211.01 Rev A...           

Plan Ref….211.03...                      

Plan Ref….coloured site plan layout...          

Plan Ref….illustration of the eastern elevations and aerial photograph...                    

Reason: For the avoidance of doubt.

3)    No development shall take place until details and samples of all external facing and roofing materials (including the colour of any timber stain) to be used in the construction of the replacement dwelling, stable block/store building, office  building and storage building hereby permitted have been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details.

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

Policy: C6

4)    No development shall take place, including site clearance, until full details of both hard and soft landscaping works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved.  These details shall include indications of all existing  ...  view the full minutes text for item 19e

Public Participation:

Kevin Sweeney, Wiltshire Council, spoke in support of the application

Cllr John Noeken, Cabinet Member for Resources, spoke in support of the application.

The Planning Officer outlined his report and highlighted a late objection that had been received as a late representation.

It was clarified that the land on which the application sought to build was under Wiltshire Council ownership and had always been historically separate from the school playing fields around it.

Following a brief discussion on the merits of the site, the patterns of use by the public protection unit and the safety measures in place, the scarcity of alternative sites for both uses and the suitability of the access/frequency of vehicles accessing the site, it was:

Resolved:

That planning permission is GRANTED for the following reasons:

The decision to grant planning permission has been taken on the grounds that subject to conditions, the proposals would not cause any significant demonstrable harm to interests of acknowledged importance, in this case, the impact on the living conditions of nearby properties, highway safety or ecology.

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

Plan:

• G1 Sustainable Development
• G2 General Principles of development
• C12 Protected species
• R5 Infrastructure and 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 part of the development hereby permitted shall be first brought into use until the turning area and parking spaces have been completed in accordance with the details shown on the approved plans. The areas shall be maintained for those purposes at all times thereafter.

Reason:  In the interests of highway safety. Policy: G2 (General)

(3)  The development shall be completed in accordance with the vegetation removal strategy, unless otherwise agreed in writing by the Local Planning Authority:

Removal of any shrubs (including bramble) or other woody vegetation or long grass must not take place between March and July inclusive, unless the area has first been assessed by a competent ecologist and they are satisfied that no nesting birds are present, or nest in the process of being building.

Immediately prior to the commencement of construction works, all vegetation on the footprint of the proposed buildings and working area shall be strimmed in two stages, spread over 3 or 4 days.  The first will be to 10cm and the second to ground level, with a gap of 2 days between the cuts to allow reptiles and small mammals to move away.

If any reptiles are found during preparatory site clearance, they should be removed by a competent ecologist to the edge of the site beyond the construction area.

If any unexpected species are found on site, the works should cease  ...  view the full minutes text for item 19f

Application S/2010/0173 for redevelopment for 65 new dwellings inclusive of new vehicular access to pembroke road and emergency access to Penruddock Close and associated ground modelling and drainage works.

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 item advised members of a proposed change to the resolution of minute 120a of the Southern Area Planning Committee held on 18 November 2010 regarding the s. 106 agreement in respect of Application Number S/2010/0173 - Former Pembroke Park School, Penruddock Close, Salisbury.

The original application was for redevelopment of the application site for 65 new dwellings inclusive of 26 affordable homes, with the Council as landowner working with Bovis Homes. It was explained that Bovis Homes no longer wish to proceed with this development. The result of this is that planning permission cannot be issued because there is now no longer a developer to enter into a legal agreement in its current form.  

The Council however, still intends to develop part of the site with 22 affordable housing units in conjunction with their contractor Pearce which will be funded by the Homes Community Agency ‘HCA’.  The Council then intend to market part of the site to secure 4 additional affordable units, open market housing and compliance with the remaining obligations. This will be achieved by requiring in the contract of sale the purchaser to enter into a s.106 Agreement to secure the relevant obligations.

For the above reasons the Committee was asked to approve an amendment to the resolution taking out reference to the legal obligation including Condition 19 and replacing the Informative. Following a short debate, and confirmation that the previously agreed safeguards for access to the nearby wood, and for the protection of local landowners remained in place, it was

Resolved:

1.         To delegate to officers the changes to the Resolution of the Southern Area Planning Committee on 18 November 2010 with wording in similar terms as follows ‘That the application be approved as per the 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. Condition 19 is to be removed from the list of conditions, therefore the additional condition no. 20 will now become condition 19. This additional condition 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.  That the Informative be replaced with an Informative to inform prospective purchasers of the requirement to enter into a legal agreement to secure 4 affordable housing units and the remaining obligations as set out in the Resolution dated 18 November 2010.

2.     That planning permission be granted for the following reasons:

It is considered that this application makes maximum use of the available land, providing a substantive proportion  ...  view the full minutes text for item 20.

Resolved:

To agree that in accordance with Section 100A(4) of the Local Government Act 1972 to exclude the public from the meeting for the business specified in minute no. 22, 23 and 24 because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in paragraph 1 and 3 of Part 1 of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.

The confidential minute of the meeting held 09 January 2011 was presented.

Resolved:

To approve as a correct record and sign the minute.

The confidential minute of the meeting held 13 January 2011 was presented.

Resolved:

To approve as a correct record and sign the minute.

The Old Coach House, East Grimstead. Members received an update from the Principal Lawyer, as requested at the last meeting.