Agenda and minutes

To receive any apologies or substitutions for the meeting.

There were no apologies for absence.

To approve and sign as a correct record the minutes of the meeting held on 17 February 2021.

The minutes of the meeting held on 17 February 2021 were presented for consideration, and it was,

Resolved:

To approve and sign as a true and correct record of the minutes of the meeting held on 17 January 2021.

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

Though not a pecuniary interest, Councillors Edward Kirk, Stewart Palmen, David Vigar and Antonio Piazza declared an interest in Item 8a, due to being members of Trowbridge Town Council.

To receive any announcements.

The Chairman made those in attendance aware of the Covid regulations that were in place for the meeting.

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 Monday 7 June 2021.

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.

Those submitting statements would be expected to attend the meeting to read the statement themselves, or to provide a representative to read the statement on their behalf.

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 Wednesday 2 June 2021in order to be guaranteed of a written response.

In order to receive a verbal response questions must be submitted no later than 5pm on Friday 4 June 2021.

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.

No questions had been received from councillors of members of the public.

The Chairman welcomed all present. He then explained the rules of public participation and the procedure to be followed at the meeting.

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

The update report on planning appeals was received with details provided that all appealed decisions had been upheld.

Resolved:

To note the Planning Appeals Update Report for 9 June 2021.

To consider and determine the following rights of way applications.

The Committee considered the following Rights of Way applications:

To consider the two objections and thirty representations received relating to the above Order to add footpaths over land near to the River Avon, Melksham Forest, Melksham.

Public Participation

Katherine Evans, Solicitor representing Cooper Tyres, spoke in objection to the application.

Francis Morland, spoke in support of the application but questioned the procedures in place.

Dr Phil Wadey, spoke in support of the application.

Definitive Map and Highway Records Manager, Sally Madgwick presented a report which had the purpose to consider the two objections and thirty representations relating to the above Order to add footpaths over land near to the River Avon, Melksham Forest, Melksham. The report recommended that Wiltshire Council support the confirmation of the Order when the matter is referred to the Secretary of State for Environment, Food and Rural Affairs (SoSEFRA).

Members of the Committee had the opportunity to ask technical questions regarding the application. Details were sought on the claimed route, specifically points C and D within the report and presentation which make up an on-going right of way. Additionally, whether the Council could take a neutral stance regarding the proposal, which was not recommended for this application as the Councillors had sufficient information within the report to decide on the matter.

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

The local Unitary Member, Councillor Jack Oatley, was unable to attend the meeting, therefore Democratic Services Officer, Ben Fielding read out a statement in support of the application on his behalf.

A motion to move and accept the proposal was moved by Councillor Trevor Carbin and seconded by Councillor Andrew Davis.

At the conclusion, it was,

Resolved:

That the Wiltshire Council Parish of Melksham Path No. 107 and Melksham Without Path No. 151 Rights of Way Modification Order 2020 is forwarded to the Secretary of State for Environment, Food and Rural Affairs with the recommendation that it be confirmed with a modification to the Order plan correcting the symbol used in the key for points C to D.

To consider the two objections and one representation received relating to the above Order to add a footpath leading from footpath Westbury 15 to Westbury railway station.

toPublic Participation

Christopher Smith, Liabilities Negotiations Manager for Network Rail was unable to attend the meeting and therefore his statement was read out by Democratic Services Officer, Ben Fielding on his behalf.

Francis Morland spoke in support of the application.

Definitive Map and Highway Records Manager, Sally Madgwick presented a report which had the purpose to consider the two objections and one representation received relating to the above Order to add a footpath leading from footpath Westbury 15 to Westbury railway station. The report recommended that Wiltshire Council takes a neutral stance when the matter is referred to the Secretary of State for Environment, Food and Rural Affairs (SoSEFRA).

Members of the Committee had the opportunity to ask technical questions regarding the application. Details were sought how any response other than the Officer recommendation to take a neutral stance would result.

It was clarified that though plans for the nearby Spinnaker development include a parallel footpath, this route has not yet been constructed and was not relevant to the decision to be considered by the Committee.

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

The local Unitary Member, Councillor Matt Dean, then spoke in support of the application. Councillor Dean stated that the report presented had only been partial and did not include the primary documents which the Secretary of State for Environment, Food and Rural Affairs (SoSEFRA) had access to at the Schedule 14 appeal stage, which would therefore prevent a balanced decision from being made.

A debate then followed where the following issues were discussed, including whether the Committee should opt to defer the decision in order to receive further information and whether this would consequently lead to a different stance other than one of neutrality after consideration. It was also questioned what the additional evidence and information would consist of and whether this would change the officer’s recommendation.

During the debate, a motion to defer was moved by Councillor Wickham and seconded by Councillor Kirk.

At the conclusion of the debate, it was,

Resolved:

That the Wiltshire Council Parish of Westbury Path No. 68 Rights of Way Modification Order 2020 would be deferred until further documentary evidence is available for the consideration of the committee.

To consider and determine the following planning applications.

To consider and determine the following Planning Applications:

New sports facility to include a new fenced and floodlit 3G artificial grass pitch and a new pavilion providing inclusive ancillary facilities to support the pitch, together with new community coaching and education rooms and a training room/gym for use by football rugby club users. A new access road and additional parking is also proposed.

Councillors Kirk, Palmen, Piazza and Vigar left the meeting at 16:27 following their earlier declarations in relation to Item 8a.

Public Participation

Lance Allan, representing Trowbridge Town Council, spoke in support of theapplication.

Senior Conservation and Planning Officer, Steve Sims, presented a report, which outlined a new sports facility to include a new fenced and floodlit 3G artificial grass pitch and a new pavilion providing inclusive ancillary facilities to support the pitch, together with new community coaching and education rooms and a training room/gym for use by football rugby club users. A new access road and additional parking is also proposed. The report recommended that the application be approved subject to conditions.

Details were provided of the site, including the principle of development (including loss of agricultural land), impact on character of the area, ecology issues, highway issues, impact on the living conditions of neighbouring residents, archaeology issues and drainage issues.

Members of the Committee had the opportunity to ask technical questions regarding the application. Details were sought on which direction vehicles are expected to turn when exiting the site.

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

The local Unitary Member, Councillor Ernie Clark, then spoke in objection of the application. Councillor Clark stated that Hilperton currently has its own playing field including changing facilities and a bar. Additionally, the location of the proposed application was referenced, the size of the carpark, the deficiency of public transport as well as the quality of the land and the use of the proposed building within the application. The planning officers responded to each of the points made.

Councillor Ernie Clark then moved a motion to reject the Officer’s recommendation, which was not seconded and consequently did not progress to a vote.

A debate then followed where the following issues were discussed, including concerns about the use of the building for conference and non-sporting use. It was however clarified that the existing rugby club building is used for such events and the floor plan of the proposed building would only be 25% dedicated to club house use.

Additionally, other issues were raised such as whether conditions and informatives could be added to the officer’s recommendations such as the need to improve local bus services to serve the application and additionally the need for covered cycle parking to be provided prior to completion. The potential for brown road signage was also questioned.

During the debate, a motion to accept the Officer’s recommendation with and additional informative with regards advising the applicant to liaise with the council to seek improvements to local bus routes and services and amending condition 8 to include details of covered cycle facilities was moved by Councillor Davis and seconded by Councillor Ridout.

At the conclusion of the debate, it was,

Resolved:

That the recommendation be approved subject to conditions.

1) The development hereby permitted shall be begun before the expiration of three years from the date of this  ...  view the full minutes text for item 26.

Demolition of the existing building. Construction of 4 new dwellings (revised scheme following the withdrawal of application reference 19/09803/FUL for 5 dwellings).

Councillors Kirk, Palmen, Piazza and Vigar returned to the meeting at 17:26, following the conclusion of Item 8a.

Public Participation

Brian Osbourn, spoke in objection to the application.

Paul Stevens, Architect representing client, spoke in support of the application.

Head of Development Management, Mike Wilmott, presented a report, which outlined the demolition of an existing building as well as the construction of four new dwellings. The report recommended that the application be approved subject to conditions.

Details were provided of the site, including the principle of development, impact upon the area and wider landscape, heritage matters, highway impacts, biodiversity matters and neighbouring impacts.

Members of the Committee had the opportunity to ask technical questions regarding the application. Details were sought on the provision of carparking and how vehicles would be able to rotate and then emerge on to the carriageway.

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

The local Unitary Member, Councillor Gordon King, then spoke in objection to the application. In his statement, Councillor King spoke of the unique and historic identity of Westbury Leigh, the impact on surrounding properties and local amenities as well as the land being within a Zone 1 flood zone. Additionally, the size of the proposed buildings and the current street scene was referenced.

A debate then followed where the following issues were discussed including the current building make up of Westbury Leigh, including a large number of listed buildings and the potential need for a conservation area. Additionally, the similar height level of the proposed houses in comparison to the malthouse as well as the improved aesthetic design of the proposed houses in comparison to the building currently situated in the location.

During the debate, a motion to accept the officer’s recommendation was moved by Councillor Andrew Davis and seconded by Councillor Edward Kirk.

At the conclusion of the debate, it was,

Resolved:

To approve the application subject to the following planning conditions

Conditions: (11)

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 hereby permitted shall be carried out in accordance with the following approved
plans:

Drawing 841:03B (Existing & Proposed Location & Site Plan) received 03.03.2021
Drawing 841:01 (Existing Building) received 09.10.2020
Drawing 841:02A (Existing Levels) received 05.05.2021
Drawing 841:12B (Proposed Elevations and Floor Plans for Detached House) received 02.03.2021
Drawing 841:05D (Proposed Plans and Elevations of Terrace) received 02.03.2021
Drawing 841:11 (Proposed Eaves Heights) received 30.11.2020
Drawing 841:07E (Proposed Street Scene) received 02.03.2021
Drawing: 841:10A (Proposed Stormwater Drainage) received 03.03.2021
Drawing 841:04F (Proposed Site Plan with Vehicle Tracking) received 11.05.2021

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

3) No development shall commence on site, except for enabling works and ground investigations and remediation,  ...  view the full minutes text for item 26a

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