Agenda and minutes

To receive any apologies or substitutions for the meeting.

Apologies for absence were received from Councillors Edward Kirk and Pip Ridout.

Councillor Ridout was substituted by Councillor Mike Sankey.

To approve and sign as a correct record the minutes of the meeting held on 26 October 2022.

The minutes of the meeting held on 26 October 2022 were presented for consideration, and it was,

Resolved:

To approve and sign the minutes as a true and correct record.

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

Councillor Ernie Clark declared in relation to Minute 86 that whilst he had a predisposition relating to the item, he had not predetermined the matter, and would consider the matter with an open mind.

To receive any announcements through the Chair.

The Chairman gave details of the exits to be used in the event of an emergency.

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 Wednesday 7 December 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 Friday 9 December 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.

The Chairman explained the rules of public participation and the procedure to be followed at the meeting.

To consider the report of the Director of Highways and Transport.

Public Participation

Alex Winter, Barratt Homes, spoke in support of the order.

Ali Roberts, Definitive Map Officer, presented a report  regarding the proposed diversion to Hilperton Footpath 54 and modification to the definitive map and statement. The necessary legal test under s257 of the Town and County Planning Act 1990 was detailed as set out in the report, in that the council must be satisfied that the diversion was necessary to enable development to be carried out, in accordance with planning permission granted under Part III of the 1990 Act.

Details were provided of the planning permission for the site which the current right of way crossed, and objections submitted in relation to the proposed orders and officer responses to those objections. It was considered that the proposed diversion met the legal test for a s.257 order and was in any case not inconvenient, and included improvements.

Members of the Committee then had the opportunity to ask technical questions of the officer. Details were sought about the impact on the hedgerows crossing the site.

A member of the public then addressed the Committee, as detailed above.

The Local Member, Councillor Ernie Clark, then spoke and was not in support of the order.

A short debate followed. It was confirmed that as objections had been received, if the Committee wished to proceed with the orders this would need to be forwarded to the Secretary of State.

On the motion of Councillor Stewart Palmen, seconded by Councillor Bill Parks, it was then,

Resolved:

That the Wiltshire Council Parish of Hilperton 54 Diversion Order and Definitive Map and Statement Modification Order 2022 be forwarded to the Secretary of State for the Environment, Food and Rural Affairs with the recommendation that it be confirmed as made. 

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

Appeal decision notices are available to view at Supplement One.

Kenny Green, Development Management, Area Team Leader, presented the Planning Appeals Update Report.

Details were provided on four appeals decided between 14 October 2022 and 2 December 2022. Particular attention was drawn to the dismissal of application 20/10353/FUL, an application for a replacement dwelling at 37A Monkton Farleigh which was refused by the Committee in September 2021 against officer recommendation.  Although the appointed inspector did not agree the appealed development would be harmful to neighbours, which was part of the refusal decision, it was found to be harmful to the Green Belt and, the Committee was congratulated on its planning judgment in this regard.

Separately on the s78 appeal, the appellant applied for full costs against the Council arguing that the Council had acted unreasonably in refusing the application against officer recommendation. The costs application was however dismissed by the appointed inspector.

At the conclusion of discussion, it was,

Resolved:

To note the Planning Appeals Update Report.

To consider and determine the following planning applications.

The Committee considered the following application.

Proposed two storey extension to Ivy Lodge.

Public Participation

Jane Ayliffe, applicant, spoke in support of the application.

Phil Rigg spoke in support of the application.

Kenny Green, Development Management Area Team Leader, presented the officer report recommending that permission for a proposed two storey extension to Ivy Lodge be refused. Key issues included the size, design and impact of the extension which would more than double the size of the existing property.

The planning history of the site was explained that included planning permission being granted under a 2019 application for the existing dwelling in association to an established equestrian business.

Members of the Committee then had the opportunity to ask technical questions of the officer. In response to queries it was confirmed that the application was submitted and should be assessed as a householder extension, albeit a significant one, and that an assessment on viability was not required.

Members were advised that WCS Core Policy 57 was the key policy to assess this application. Responses were also provided in terms of the proposed size of the extension, number of bedrooms proposed, proximity to other neighbouring properties and their size and scale as well as confirming the previous removal of permitted development rights and the application WCS CP48.

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

The Local Member, Councillor Phil Alford, then spoke in support of the application.

The Committee then debated the application. The character of the area was identified as being rural with a number of larger properties supporting numerous local businesses. The modest size of the existing dwelling and its suitability for the growing business and family needs was discussed, as well as the lack of any objections from residents or the parish council.

Members also questioned and debated potential planning conditions should planning permission be granted.

At the conclusion of debate, and on the motion of Councillor Mike Sankey, seconded by Councillor Bill Parks, it was,

Resolved:

To grant planning permission 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 hereby permitted shall be carried out in accordance with the following approved plans:

Proposed Floor Plans and Elevations – Project No:10338, Drawing No: P – 01 dated 05.2022

Location Plan – Project No:10338, Drawing No: P – 02 dated 05.2022

Proposed Site Plan – Project No:10338, Drawing No: P – 03 dated 05.2022

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

3.     Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.3) (England) Order 2020 (or any Order revoking or re-enacting or amending those Orders with or without modification), no development within Part 1,  ...  view the full minutes text for item 89.

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.