Agenda and minutes

Apologies were received from Cllrs Brian Dalton and George Jeans.  Cllr Stephen Petty substituted for Cllr Dalton.

To approve and sign as a correct record the minutes of the meeting held on 3 March 2011(copy herewith).

The minutes of the meeting held on 3 March 2011were presented.

Resolved:

To approve as a correct record and sign the minutes.

There were no declarations of interest

The Chairman congratulated Cllr Brian Dalton on his recent marriage.

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

The Council welcomes contributions from members of the public.

Statements

Members of the public who wish to speak either in favour or against an application or any other item 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 and up to 3 speakers on any other item on this agenda. 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.

Questions

To receive any questions from members of the public or members of the Council received in accordance with the constitution which excludes, in particular, questions on non-determined planning applications. Those wishing to ask questions are required to give notice of any such questions in writing to the officer named on the front of this agenda (acting on behalf of the Director of Resources) no later than 5pm on 17 March 2011. Please contact the officer named on the front of this agenda for further advice. Questions may be asked without notice if the Chairman decides that the matter is urgent.

Details of any questions received will be circulated to Committee members prior to the meeting and made available at the meeting and on the Council’s website.

The committee received details of the following appeal decisions:

S/2010/1806 - Upton Farm, Luke Street, Berwick St John – Enforcement Appeal – Dismissed

And forthcoming appeals as follows:

S/2010/0451 - Plot opposite 7 School Hill, School Hill/Folly Lane, Alderbury

To consider the attached report.

Public participation:

Mr Tony Allen spoke in objection to the officer’s recommendation

Mrs Susan Grant and Mrs Louise Whiting spoke in objection to the officer’s recommendation

Mr William Grant spoke in objection to the officer’s recommendation

Mr David Douse spoke in support of the officer’s recommendation

Lt Col Stephen Bush spoke in support of the officer’s recommendation

The Planning Officer presented the report in relation to confirmation of the Article 4 direction made on 11 February 2011 and drew attention to the late correspondence received.  He briefly summarised the background and the implications of the action to be taken as described in detail in the report.    

A lengthy debate ensued following in which it was

Resolved:

Subject to the expiration of the consultation period and no further representations being received which raise new material issues, that  the Direction under Article 4 of the Town and Country Planning (General Permitted Development) Order 2010, made on 11 February 2011 to remove ‘permitted development’ rights under Parts 4B,  Part 5 and Part 27 of the 2^nd Schedule to the Town and Country Planning (General Permitted Development) Order 1995, be CONFIRMED.

Additionally, that future applications in respect of this site be determined by Officers under delegated powers provided the local councillor has not requested in writing that the application should proceed to determination by way of the Committee.

Cllrs Hewitt, McLennan and Devine asked for their dissent to be recorded.

Public participation:

Charles Smith representing Dinton parish Council spoke in objection to the application

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

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

Resolved:

Planning Permission be granted for the following reason:

The proposed agricultural building is considered justified in agricultural terms, aiding the competitiveness of an existing agricultural enterprise, and by virtue of its appropriate siting, design, scale and materials would not result in significant harm to the character and appearance of the countryside or AONB. There would be no significant harm in terms of the amenity of neighbours or highways safety. The proposal would therefore accord with the aims and objectives of the development plan, having particular regard to Local Plan policies G1, G2, C2, C4, C5, C20 and PPS7.

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….09010/1 Rev. A...                          Date Received….14.12.10….

Reason: For the avoidance of doubt.

3)    The materials to be used within the construction of the external surfaces of the building hereby permitted shall match in appearance those used on the existing buildings at the application site, unless otherwise agreed in writing with the Local Planning Authority.

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

Policy: C5

4)    No development shall commence until details of the finished floor level of the building hereby permitted have been submitted to an agreed in writing with the local planning authority. The details shall illustrate how the level and height of the building relates to the adjacent farm buildings. Development shall be carried out in accordance with the agreed details.

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

Policy: C5

5)    The building hereby permitted shall not be used in connection with the retail sale of goods to visiting members of the public.

Reason: In the interests of highways safety.

Policy: G2

6)    The building hereby approved shall be used only for agricultural purposes. Should the land or building no longer be used or required for the purposes of agriculture on this unit, the building hereby approved shall be demolished and all materials removed from the application site within 56 days from last use.

REASON: Planning permission has only been granted on the basis of an agricultural need. Given its location within the countryside and the Cranborne Chase and West Wiltshire Downs area of Outstanding Natural Beauty, there would be no justification for retention of the building for any other use.

POLICY: C2, C4, C5, C20

There were no urgent items

To consider passing the following resolution:

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 Item Number 12 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 3 of Part I 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.

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. 44 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 3 of Part I 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.

Note: The Applicant was permitted to stay and observe proceedings to allow the committee to ask questions for clarification, if required.

The Planning Officer introduced the confidential report which had been deferred from the 9 December 2010 meeting.

Having considered the report and discussed the contents in some detail it was

Resolved:

That officers should proceed accordingly with the proviso that they should handle the matter in a manner appropriate to the circumstances.