Agenda and minutes

To receive any apologies or substitutions for the meeting.

Apologies forabsence werereceived from Councillors Pip Ridout, Magnus Macdonald and Jonathon Seed.

Councillor Macdonald was substituted by Councillor Gordon King.

Councillor Seed was substituted by Councillor Jerry Wickham.

To approve and sign as a correct record the minutes of the meeting held on 27 April 2016.

The minutes of the meeting held on 27 April 2016 were presented for consideration and it was,

Resolved:

To approve and sign as a true and correct record the minutes of the meeting held on 27 April 2016.

To receive any announcements through the Chair.

The Chairman made the following announcement:

Application 16/02223/FUL - The Grove Primary School, Hazel Grove, Trowbridge - had been withdrawn by the applicant prior to the meeting to allow for further discussion to take place.

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

There were no declarations of any disclosable interests.

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 2.50pm 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 Corporate Director) no later than 5pm on Wednesday 11 May 2016.  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.

No questions were received.

The rules on public participation were noted.

To receive details of appeal decisions and appeals pending.

The Planning Appeals Update Report for forthcoming hearings and public inquiries between 9 May 2016 and 31 December 2016 was received.

Resolved:

To note the Planning Appeals Update Report.

To consider and determine the following planning applications:

The Committee considered the following applications:

16/02681/FUL - 8 Fulmar Close Bowerhill

16/02306/FUL - Homefield 19 Bratton Road West Ashton

The application was withdrawn by the applicant prior to the meeting.

Public Participation

Mr Robert Palin spoke in objection to the application.

Mr Alan Godwin spoke in objection to the application.

Mr Richard Harlow, agent, spoke in support of the application.

ThePlanningOfficeroutlinedthereport thatrecommended thattheapplication for a new roof for a detached garage with ancillary accommodationbe approved.

Members of the Committee had the opportunity to ask technical questions of the officer.

Members of the public then had the opportunity to address the Committee, as detailed above.

The Unitary Division Member, Councillor Roy While, then addressed the Committee in his capacity as the local member, including noting that no objection had been received from the Parish Council.

A debate followed where the scale and visual impact of the development, in particular any loss of light, and the existing character of the area was discussed. The purpose of the proposed expansion and similar applications in the area were also raised.

Following a defeat of a motion to refuse the application, a motion was proposed by Councillor Carbin, seconded by Councillor Newbury, to hold a site visit, and it was,

Resolved:

That the application be deferred in order to arrange a site visit.

Public Participation

Mr Chris Beaver, agent, spoke in support of the application.

Councillor Richard Covington, Chairman of West Ashton Parish Council, spoke in support of the application.

TheSenior Planning Officer outlined thereport thatrecommended thatthe application for change of use of part of an agricultural paddock to private garden use be refused.

Members of the Committee were given the opportunity to ask technical question of the officers. Details were sought on historic planning appeals in the area, land boundaries and ownership and use of other land around the application site.

Members of the public then had the opportunity to address the Committee as detailed above.

A debate followed, where members noted that although officers had recommended refusal in accordance with policy the Parish Council were in support and other properties in the area had made extensions to their gardens, in addition to adjacent development overshadowing the existing garden. Some members raised concerns about setting a precedent should the application be approved.

Following a motion to approve subject to conditions to be provided by the Senior Planning Officer moved by Councillor Jerry Wickham, seconded by Councillor Graham Payne, at the conclusion of debate it was,

On being put to the vote and seconded to approve, subject to conditions being provided by the Senior Planning Officer, and a recorded vote having been requested by a Member of the Committee, the voting was recorded as follows:

Against; Cllr Ernie Clark, Cllr Dennis Drewett.

It was;

Resolved:

That permission be granted 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          Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England)Order 2015 (or any Order revoking or re- enacting or amending those Orders with or without modification), no development within Part 1, Classes A-F shall take place on the land shown on the red line site plan hereby approved.

3          Prior to the commencement of the use hereby permitted details of boundary treatments to the site shall be submitted for approval in writing by the Local Planning Authority. Boundary treatment shall be implemented in accordance with the approved details and retained as such thereafter.

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

4          The development hereby permitted shall be carried out in accordance with the following approved plan:

Site Location Plan Drg.No.1610.001 Registered on 18 March 2016.

REASON: For the avoidance of doubt and in the interests of proper planning.

Reason for permission 

In the view of the committee, the development is in the social interests of the area (paragraph 187 of the National Planning Policy Framework refers). 

Public Participation

Mr Francis Morland spoke in objection to the order.

Mr Chris Wordsworth spoke in support of the order.

The Rights of Way Officer outlined the report that proposed that the listed Order beforwardedtotheSecretaryofStateforEnvironment,FoodandRuralAffairsfordetermination with the recommendation it be adopted without modification.

Members of the Committee were given the opportunity to ask technical questions of the officer. It was stated in response to queries that planning permission had been granted for a new business park, Hawke Ridge Business Park, and that there were several rights of way crossing the site that were intended to be diverted. Ownership of land for a proposed footpath had not yet been established.

In the debate which followed, problems with flooding and land ownership were discussed.

Resolved:

That the‘Wiltshire CouncilParishofHeywoodPaths6 (part),7 and8 (part)Stopping  Up  and  Diversion  Order  and  Definitive  Map  and  StatementModification  Order  2016’  is  forwarded  to  the  Secretary  of  State  forEnvironment, Food and Rural Affairs for determination with therecommendationthat itisconfirmedwithoutmodification.

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.