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Agenda and minutes

Venue: Kennet Room - County Hall, Bythesea Road, Trowbridge, BA14 8JN. View directions

Contact: Ellen Ghey  Democratic Services Officer

Items
No. Item

50.

Apologies

To receive any apologies or substitutions for the meeting.

Minutes:

Apologies for absence were received from Cllr Pip Ridout.  Cllr Ridout was replaced for this meeting by Cllr Mike Sankey.

 

51.

Minutes of the Previous Meeting

To approve and sign as a correct record the minutes of the meeting held on 11 May 2022.

Supporting documents:

Minutes:

The minutes of the meeting held on 11 May 2022 were presented.

 

Resolved:

 

To approve as a correct record and sign the minutes of the meeting held on 11 May 2022.

 

52.

Highway Consultation Conference Feedback on The Forest & Sandridge Primary School application (PL/2021/06702)

To receive a verbal update from the Development Management Area Team Leader.

Supporting documents:

Minutes:

The Committee received a verbal update from the Development Management Area Team Leader in relation to a request by the Committee at its last meeting held on 11 May 2022, for the Area Team Leader to discuss the highways consultation response for the Forest and Sandridge Primary School (application number PL/2021/06702) with the highways officer and to report back.

 

The Area Team Leader confirmed that a discussion had taken place with highways officer and a briefing note of that discussion is attached as an appendix to these minutes.

 

Cllr Vigar enquired about why a pedestrian crossing was not justified and in response, the Area Team Leader confirmed that there was no highway or planning need for an additional highway crossing pursuant to the additional number of pupils to be accommodated within the 2-form entry primary.

 

 

Briefing Note for Forest and Sandridge School

Supporting documents:

53.

Declarations of Interest

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

Minutes:

Cllr Ernie Clark declared a personal interest in the planning applications at agenda item 8 being considered by the Committee, as he is also a member of Hilperton Parish Council who considered the applications as a consultee.

 

Cllr Clark spoke and voted on both applications.

 

 

54.

Chairman's Announcements

To receive any announcements through the Chair.

Minutes:

The Chairman asked that all phones were switched off or turned to silent mode to minimise any potential disturbances and explained the procedure if a fire alarm were to sound.

 

 

55.

Public Participation

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 no later than 10 minutes before the start of the meeting. If it is on the day of the meeting registration should be done in person.

 

The rules on public participation in respect of planning applications are linked to in the Council’s Planning Code of Good Practice. 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.

 

Members of the public will have had the opportunity to make representations on the planning applications and to contact and lobby their local member and any other members of the planning committee prior to the meeting. Lobbying once the debate has started at the meeting is not permitted, including the circulation of new information, written or photographic which have not been verified by planning officers.

 

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 no later than 5pm on 29 June 2022 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 1 July 2022. 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.

 

 

 

Minutes:

No questions had been received from councillors or 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.

 

 

56.

Planning Appeals and Updates

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

Supporting documents:

Minutes:

The Planning Appeals Update Report for 29 April 2022 to 24 June 2022 was received.

 

The Development Management Team Leader concentrated on reporting the recently allowed appeal decision for land at Semington Road, Melksham for up to 50 dwellings. The committee was advised that at the appeal stage, the development parameters were changed at the request of the appellant to provide 100% affordable housing (and not just the 30% as was submitted and determined by the LPA). The Committee was advised that the combination of the affordable housing needs and the lack of land housing supply influenced the inspector’s decision in allowing the appeal despite the moderate adverse landscape harm, the material loss of a visual gap between Melksham and Berryfield and the accepted adverse impact of allowing the development in conflict with the recently made Neighbourhood Plan.

 

Officers responded to queries in relation to the neighbourhood planning and building affordable housing on greenfield sites. 

 

Resolved:

 

To note the Planning Appeals Update Report for 29 April 2022 to 24 June 2022.

 

 

57.

Planning Applications

To consider and determine the following planning applications.

Supporting documents:

Minutes:

The Committee considered the following applications:

 

57a

PL/2021/10373: Bekson Farm, 54 Whaddon Lane, Hilperton, BA14 7RN

Permanent siting of a Biomass boiler and container for the control unit (retrospective)

Supporting documents:

Minutes:

Public Participation:

 

·       Becky Holloway – applicant - spoke in support of the application

 

David Cox, Senior Conservation/Planning Officer presented the report that recommended planning permission should be approved subject to the conditions and informatives as detailed in the report, for the retrospective permanent siting of a Biomass boiler and container for the control unit.

 

The officer stated that the main issues for consideration by the Committee was an assessment of the principle of development, the environmental impacts (air quality), neighbouring impacts, highway impacts and biodiversity.

 

The case officer described the site which included detail on the proximity to other properties, access and the use of the adjoining agricultural fields. He explained that the boiler was powered by burning wooden pallets, which were stored both outside and inside. Members were advised that heat from the boiler is used to dry wood chip which is sold on for biomass boilers to use.

 

Prior to the committee meeting, members attended a site visit, and it was noted that the boiler was in use but was producing any smoke.  Members were also advised that the boiler was not used when there is a south westerly wind.

 

The report detailed the previously imposed restrictions in terms of the use and hours of operation of the boiler whilst it benefitted from temporary permission, which had now lapsed.

 

Members heard that the same conditions were recommended for any permanent facility to define the terms of the permission and to provide neighbours with sufficient respite from dispersed smoke or fumes in the evening and weekends and bank holidays.

 

The Committee noted that the applicant was willing to adhere to the restricted hours of operation and the number of container loads.

 

For this application a new condition was recommended to secure more robust boiler management plan for its use and operation to reflect best practice.   

 

The officer indicated that during the initial consultation there had been one objection from Hilperton Parish Council, and no objections from the Council’s Environmental Health Officer (subject to conditions), the Council’s Highways Officer and the Environment Agency. A further letter of objection was received during the second consultation. Overall, the publicity generated seven letters of objection and one in support.

 

Officers confirmed the options available to the Committee and advised that they should only appraise the application as submitted.

 

Members of the Committee were then given an opportunity to ask technical questions to the officer. The main issues raised included the justification for making the current temporary permission permanent, comments from Public Protection in relation safeguarding of the environment and residential amenities from potential harmful levels of smoke, fumes and general disturbance, how hours of operation would be enforced, and questioned the long-term source of fuel for the boiler.

 

In response, officers confirmed that there had been no complaints received pursuant to the use of the boiler during the temporary permission, and advised that through securing an updated Boiler Management Plan, officers were satisfied that the boiler would operate within acceptable parameters. Members  ...  view the full minutes text for item 57a

58.

PL/2022/02786: Yew Tree Cottage, 10 Horse Road, Hilperton Marsh, Trowbridge, BA14 7PE

Additional domestic accomodation in the form of a single story annexe.

Supporting documents:

Minutes:

Public Participation:

 

·       Andrew Bryant – Neighbouring resident spoke in objection to the application

·       Fran Larkin - Applicant spoke in support of the application

 

Yancy Sun, as the planning case officer presented the report and recommended that planning permission should be approved subject to conditions and informatives as detailed in the report, for additional domestic accommodation in the form of a single-storey annexe located in the rear garden.

 

The case officer stated that the main issues for consideration by the Committee was an assessment of the principle of development, the impacts on visual amenity, heritage assets, effects on neighbour amenity and highways.

 

The officer described the site being located within the village settlement limits of Hilperton and relating to a two-storey end of terrace residential property. The site was not subject to any specific land designation constraints and was not at risk of flooding. Members were informed that the Conservation Area was located over 600m to the southeast and the nearest listed building is over 50m away with several other properties and gardens between the nearest heritage asset and the application site.

 

Prior to the committee meeting, Members attended a site visit and were shown the application site and surroundings and noted that the site was set back from the main road and was not readily seen from the public domain.

 

The case officer indicated that there was no objection from Hilperton Parish Council, although some Parish Councillors had raised concerns about access for the construction phase. Publicity had generated four letters of objection, three of which were from neighbouring properties.

 

Members of the Committee were then given an opportunity to ask technical questions to the officer. The main issues raised included the relevance of the applicant’s status in relation to the application and permitted development rights allowing for the construction of a slightly smaller building. 

 

In response, officers confirmed that they had not given any weight to the status of the applicant and that the application was assessed on its own merits and land-based planning material considerations.  In terms of a permitted development fallback option, the committee was informed that the applicant could construct a slightly smaller building using the provisions set out within Schedule 2, Part 1, Class E of the Town and Country Planning General Permitted Development (England) Order (2015) (As amended) as an alternative to the application before the committee, and the LPA would not have any decision making authority for such an alternative.

 

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

 

Local Unitary Member, Cllr Ernie Clark, addressed the Committee and detailed his objections to the application, which specifically related to concerns about the structure being permanent rather than temporary, and the design and appearance being in direct contravention of Core Policy 57.  Cllr Clarke also argued that the application would not be well integrated in its surroundings, and that it did not make any significant contribution to the specific area of Hilperton.  ...  view the full minutes text for item 58.

59.

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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