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Agenda and minutes

Contact: Kieran Elliott  Senior Democratic Services Officer, 01225 718504, Email: kieran.elliott@witlshire.gov.uk

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Items
No. Item

127.

Apologies

To receive any apologies or substitutions for the meeting.

Minutes:

Apologies for absence were received from Councillors Peter Fuller and Edwars Kirk.

 

Councillor Kirk was substituted by Councillor David Halik.

128.

Minutes of the Previous Meeting

To approve and sign as a correct record the minutes of the meeting held on 19 August 2020.

Supporting documents:

Minutes:

The minutes of the meeting held on 19 August 2020 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 19 August 2020.

 

 

129.

Declarations of Interest

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

Minutes:

There were no declarations.

130.

Chairman's Announcements

To receive any announcements through the Chair.

Minutes:

There were no Chairman’s Announcements.

131.

Public Participation

The Council welcomes contributions from members of the public. During the

ongoing Covid-19 situation the Council is operating revised procedures and the public are able to participate in meetings online after registering with the officer named on this agenda, and in accordance with the deadlines below.

 

Guidance on how to participate in this meeting online

 

Access the online meeting here

 

Statements

Members of the public who wish to submit a statement in relation to an item on this agenda should submit this in writing to the officer named on this agenda no later than 5pm on 23 October 2020.

 

Submitted statements should:

·       State whom the statement is from (including if representing another person or organisation);

·       State clearly whether the statement is in objection to or support of the application;

·       Be readable aloud in approximately three minutes (for members of the public and statutory consultees) and in four minutes (for parish council representatives – 1 per parish council).

 

Up to three objectors and three supporters are normally allowed for each item on the agenda, plus statutory consultees and parish councils.

 

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 electronically to the officer named on the front of this agenda no later than 5pm on 21 October 2020 in order to be guaranteed of a written response.

 

In order to receive a verbal response questions must be submitted no later than 5pm on 23 October 2020.

 

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 members prior to the meeting and made available at the meeting and on the Council’s website. Questions and answers will normally be taken as read at the meeting.

Minutes:

The rules of public participation and the procedure to be followed at the meeting were noted.

 

132.

Planning Appeals and Updates

To receive details of completed and pending appeals and other updates as appropriate.

Supporting documents:

Minutes:

The update report on planning appeals was received, with details provided including in relation to the appeals for Breach Lane, Southwick, and Corsley House, Corsley, which were successfully defended.

 

Resolved:

 

To note the Planning Appeals Update Report for 28 October 2020.

133.

Planning Applications

To consider the following planning applications.

Supporting documents:

Minutes:

The Committee considered the following applications:

134.

20/02178/FUL: Land Adjoining Hatch House, Up Street, Upton Lovell, BA12 0JP

Change of use from agricultural land to a dog exercise area with the retention of small paddock for agricultural use following expiry of the 2-year temporary permission granted under 18/01841/FUL

Supporting documents:

Minutes:

Public Participation

A statement in objection to the application was received from Maria Ironside.

A statement in objection to the application was received on behalf of Rex Harrison.

A statement in objection to the application was received from Lindsay Bray.

A statement in support of the application was received from Mark Street.

A statement on behalf of Upton Lovell Parish Council in objection to the application was received, read by Maria Ironside.

 

David Cox, Senior Planning Officer, presented a report which recommended an application be approved for change of use from agricultural land to a dog exercise area with the retention of small paddock for agricultural use following expiry of the 2-year temporary permission granted under 18/01841/FUL. Key issues included the principle of the application and impact on neighbouring amenity.

 

Members of the Committee had the opportunity to ask technical details regarding the application. Details were sought on the stated business need for use of the site, potential use of a personal condition for use of the site, and level of use of the site during the period of temporary permission. It was confirmed that the Coronavirus pandemic had prevented use during part of the temporary permission period.


Members of the public then had the opportunity to present their views to the Committee, as detailed above.

 

The local Unitary Member, Councillor Christopher Newbury, then spoke regarding the application, including detail of the history of the application, concerns raised by local residents and potential conditions if the Committee wished to approve the application.

 

A motion was moved by Councillor Newbury, seconded by Councillor David Halik, to approve the application in accordance with the officer recommendation, with an additional condition on permitted development rights and imposing a personal condition on use of the site for the business owner.


The Committee debated the application, discussing whether the additional conditions were reasonable inclusions, and that it was not felt that the permission should be continued as a temporary permission.

 

At the conclusion of debate, it was,

 

Resolved:

 

That application 20/02178/FUL be approved as per the following conditions:

 

1. The development hereby permitted shall be carried out in accordance with the following approved plans:

 

Design and Access Statement; Ecological Statement; Location Plan and Site Plan - all received 5 March 2018; and Planning Statement received 1 April 2020 and further supporting statement (use dairy) received 28 April 2020.

 

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

 

2. The development hereby granted shall only enure for the benefit of Mrs Lorna Street's dog exercise and training business and no more than 9 dogs shall be brought onto or be exercised at the site at any one time.

 

REASON: To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area

 

3. In order to protect the openness and landscape character of the application site as defined by the approved site location plan, the development hereby approved shall only benefit  ...  view the full minutes text for item 134.

135.

19/07647/REM: Land North West of Boreham Mill, Bishopstrow Road, Warminster, Wiltshire

Reserved matters application for: layout, scale, appearance and landscaping pursuant to outline permission 13/06782/OUT

Supporting documents:

Minutes:

Public Participation

A statement in objection to the application was received from Iain Perkins.

A statement in support of the application was received from Chris Beaver, agent.

A statement on behalf of Bishopstrow Parish Meeting in objection to the application was received, read by the Democratic Services Officer.

 

Morgan Jones, Senior Planning Officer, presented a report for a reserved matters application for: layout, scale, appearance and landscaping pursuant to outline permission 13/06782/OUT, to include 34 dwellings. Key issues included the impact on ecology, highways and the layout and design of the application.

 

As detailed in the published report, officers advised that should the committee resolve to agree to the officer recommendation to approve the reserved matters, that the application be delegated to the Head of Development Management to only issue the decision notice to approve subject to the favourable conclusion of the Habitats Regulations Appropriate Assessment (HRA) pursuant to securing phosphate reductions in the River Avon SAC and its tributaries, and that until the HRA has been completed, this development cannot be formally approved. Members were however advised that a strategy to resolve matters was well advanced and that the Council has been liaising closely with Natural England amongst numerous interested stakeholders.

 

Members of the Committee had the opportunity to ask technical details regarding the application. Details were sought on the stated business need for use of the site, potential use of a personal condition for use of the site, and level of use of the site during the period of temporary permission. It was confirmed that the Coronavirus pandemic had prevented use during part of the temporary permission period.

 

Members of the Committee had the opportunity to ask technical questions relating to the application. Further details were sought on the extent of the phosphate issue, and it was also stated that as its resolution would not impact the outline of the development delegation to approve the application would allow for action as soon as possible. It was stated that technical consultees had no objections to the proposal, and it could be appealed for non-determination.

 

Details of the history of the application involving self-build elements was also raised. It was confirmed that the outline planning permission for the site was for up to 35 dwellings, though only 34 had been requested.


Members of the public then had the opportunity to present their views to the Committee, as detailed above.

 

The local Unitary Member, Councillor Andrew Davis then spoke regarding the application, raising matters of phosphate levels, design and quality of the application.

 

A motion was moved by Councillor Sarah Gibson, seconded by Councillor Jonathon Seed, to delegate the application for approval in accordance with the officer recommendation.

 

The Committee debated the application, noting that many of the cited objections to the application were about the principle of the development which had been dealt with at the outline stage and other concerns were not supported by any technical consultee objection. The concerns expressed about the design of the proposed dwellings were  ...  view the full minutes text for item 135.

136.

Urgent Items

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

 

Minutes:

There were no Urgent Items.

 

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