Agenda and minutes

Western Area Planning Committee - Wednesday 4 May 2011 6.00 pm

Venue: Council Chamber - Council Offices, Bradley Road, Trowbridge

Contact: Marie Gondlach (Democratic Services Officer)  01225 713 597, Email: marie.gondlach@wiltshire.gov.uk

Items
No. Item

40.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillor Roy While (substituted by Councillor Pip Ridout).

 

Councillor Julie Swabey, although not a member of the Committee, asked for her apologies to be recorded as she had called in an application on the agenda for this meeting but was unable to attend the meeting, due to circumstances outside her control.

41.

Minutes of the Previous Meeting

To approve the minutes of the last meeting held on 13 April 2011(copy attached.)

 

Supporting documents:

Minutes:

The minutes of the meeting held on 13 April 2011were presented.

 

Resolved:

 

To approve as a correct record and sign the minutes of the meeting held on 13 April 2011.

42.

Declarations of Interest

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

Minutes:

W/11/00286/FUL - Demolition of existing triple garage and erection of three bedroom house and formation of two in-curtilage parking spaces - Land Adjoining 43 Crawley Crescent Trowbridge Wiltshire.

 

Councillors Peter Fuller and John Knight declared a personal interest as

members of Trowbridge Town Council Development Committee. Councillors Peter Fuller and John Knight gave their assurance that they would consider the application with an open mind.

 

Councillor Graham Payne had been unable to attend the site visit for this application and therefore declared that he would neither speak nor vote on this item.

 

W/11/00590/FUL - Erection of single storey extension to south east elevation and two storey extension to east elevation - 18B Horse Road Hilperton Wiltshire BA14 7PE

 

Councillor Ernie Clark declared a personal interest as he had chaired the meeting of Hilperton Parish Council where this application had been discussed. Councillor Clark gave his assurance that he would consider the application with an open mind.

43.

Chairman's Announcements

There were no Chairman’s Announcement.

Minutes:

There were no Chairman’s Announcements.

44.

Public Participation

Statement

 

Members of the public who wish to speak either in favour or against an

application on this agenda are asked to register in person no later than 5.50pm on the day of the meeting.

 

The Chairman will allow up to 3 speakers in favour and up to 3 speakers against an application. 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.

 

Question

 

To receive any questions from members of the Council or members of the

public 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 page of the agenda (acting on behalf of the Director of Resources) no later than 5pm on Thursday 21 April 2011. Please contact the officer named on the front page of the 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:

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

 

45.

Planning Applications

To consider and determine planning applications in the attached schedule.

Supporting documents:

Minutes:

The Committee considered the following applications:

 

45a

W/11/00286/FUL - Demolition of existing triple garage and erection of three bedroom house and formation of two in-curtilage parking spaces - Land Adjoining 43 Crawley Crescent Trowbridge Wiltshire

Demolition of existing triple garage and erection of three bedroom house and formation of two in-curtilage parking spaces - Land Adjoining 43 Crawley Crescent Trowbridge Wiltshire

Supporting documents:

Minutes:

Public Participation:

-       Mr Matthew Whiting spoke in objection to the application

-       Mr Stuart Young spoke in objection to the application

-       Mr Chris Sumner spoke in objection to the application

-       Mr Richard Cosker, agent, spoke in support of the application

 

Councillor Helen Osborn, Unitary Member for Trowbridge Lambrok, spoke in objection to the application and urged the committee to take into account the impact on the character and appearance of the area, the loss of amenity to residents at 22 and 24 Bridge Avenue and the negative impact on the adjoining alleyway from the tall blank wall.

 

Councillor Jeff Osborn, Unitary Member for Trowbridge Grove, spoke in objection to the application reinforcing the objections from Councillor Helen Osborn and asking the committee to consider issues including the changes in PPS3, density, local concern over the development and the changes to the local environment.

 

Officers introduced the report which sought approval and in doing so drew the committee’s attention to the late list. Members of the committee commented on the usefulness of the site visit with regards to this application.

During the ensuing debate members of the committee could not be satisfied that the application would not constitute over development and have a detrimental effect on the character of the area and the street scene.

 

It was therefore

 

Resolved:

 

That planning permission be REFUSED

 

For the following reasons:

 

The proposal, by reason of its length, size, mass, form, siting and orientation would be an overdevelopment of the site that would be detrimental to the character of the area and the street scene contrary to policy C31a of the West Wiltshire District Plan. It would also have an adverse impact on the amenity, of neighbouring properties, contrary to policy C38 of the West Wiltshire District Plan. 

 

PPS3 as revised in June 2010 removes these types of development from the classification as brown-field and therefore this is a material change since the original and now lapsed planning permission was approved. 

45b

W/10/03406/FUL - Proposed erection of 117 dwelling houses, public open space and associated landscaping, highways and drainable infrastructure - Land At Hawkeridge Road And Slag Lane Westbury Wiltshire

Proposed erection of 117 dwelling houses, public open space and associated landscaping, highways and drainable infrastructure - Land at Hawkeridge Road and Slag Lane Westbury Wiltshire.

Supporting documents:

Minutes:

Public Participation:

 

-       Mr Bruce Evans spoke in objection to the application

-       Mr Glenn Godwin, agent, spoke in support of the application

 

Councillor David Jenkins, Unitary Member for Westbury North, expressed his concerns over the application.

 

Councillor Francis Morland, Unitary Member for Southwick, also expressed his concerns.

 

Officers introduced the report which sought approval and in doing so drew the committee’s attention to the late list.

 

During the ensuing debate members of the committee could not be satisfied that sufficient material considerations had been provided in order to depart from the Development Plan.

 

Resolved:

 

That planning permission be REFUSED

 

For the following reasons:

 

1. The site is not allocated for residential development in the Western Wiltshire District Plan and lies outside of the town policy limits defined for Westbury in the Plan.  As such, residential development on this site would conflict with policy H1 of the Western Wiltshire District Plan that states that further housing development outside of the urban area, as defined by town policy limits, will not be permitted.

 

2. The residential development proposed on sites A & B as defined in the application would conflict with policy C41 of the Western Wiltshire District Plan that specifies that these sites should be redeveloped for light industrial and community facilities.

 

3. No material considerations of sufficient weight have been advanced to justify approving this application that conflicts with the adopted policies of the Development plan cited in reasons 1 and 2 above.

45c

W/11/00490/FUL - Construction of earth shelter dwelling - Land At Turleigh Farm Green Lane Turleigh Wiltshire

Construction of earth shelter dwelling - Land At Turleigh Farm Green Lane Turleigh Wiltshire

Supporting documents:

Minutes:

Public Participation:

 

-       Dr Richard Hoffman spoke in objection to the application

-       Mr Roger Berthoud spoke in objection to the application

-       Mr Alvin Howard, architect, spoke in support of the application

-       Mr Graham Jenkins, applicant, spoke in support of the application

-       Mr Vincent Guowell spoke in support of the application

 

Councillor Linda Conley, Unitary Member for Winsley and Westwood, welcomed the opportunity for this unusual application to be considered at a public meeting.

 

Officers introduced the report which sought refusal and in doing so drew the committee’s attention to the late list. During the ensuing debate members of the committee generally expressed support for the project and its sustainable aims but felt that this was outweighed by the adversarial impact on the open country side as the site was located in the Green Belt, in an Area of Outstanding Natural Beauty and in a Conservation Area

 

Resolved:

 

That planning permission be REFUSED

 

For the following reasons:

 

1. The proposal by reason of its location in the green belt would be harmful by reason of inappropriateness and its intrusion into the openness of the green belt, contrary to Planning Policy Guidance 2: Green Belts.

 

2. The proposal by reason of its location in open countryside and without adequate justification is fundamentally unsustainable, contrary to Policy H19 of the West Wiltshire District Plan 1st Alteration (2004).

 

3. The proposal by reason of the change of use of a substantial area of land and the establishment of a dwelling in a visually prominent site with associated access and domestic paraphernalia would have an adverse impact on the appearance of the landscape of this part of the Area of Outstanding Natural Beauty and would conflict with policies C1 and C2 of the West Wiltshire District Plan 1st Alteration (2004).

 

4. The proposal by reason of its visual intrusion into the open and spacious rural character of the conservation area, and the change of use of a substantial area of land for the establishment of a dwelling with associated access, landscaping and domestic paraphernalia in a prominent position, would fail to preserve or enhance the open and spacious character and appearance of the conservation area contrary to policies C17 and C18 of the West Wiltshire District Plan 1st Alteration (2004).

 

5. The proposal by reason of the lack of evident investigation into the use of non-mains drainage and the inadequate information to ensure that groundwater sources are protected from the proposed means of foul water disposal, would be contrary to DETR Circular 03/99: Planning Requirement in respect of the Use of Non-Mains Sewerage incorporating Septic Tanks in New Development, Annexe A, paragraphs 3, 4 and 6, and Policy U4 of the West Wiltshire District Plan 1st Alteration (2004).

 

6. The proposal by reason of the inadequate information submitted in order to assess the potential impact on protected species is contrary to Planning Policy Statement 9: Biodiversity and Geological Conservation and its accompanying ODPM Circular 06/2005 Biodiversity and Geological Conservation – Statutory  ...  view the full minutes text for item 45c

45d

W/11/00167/FUL - Change of use to equestrian with agricultural / equestrian barn/stables - Land Adjacent East Side Of Hawkeridge Road Heywood Wiltshire

Change of use to equestrian with agricultural / equestrian barn/stables - Land Adjacent East Side Of Hawkeridge Road Heywood Wiltshire

Supporting documents:

Minutes:

Public Participation:

 

-       Mr Murray Jack spoke in objection to the application

-       Mr Alan Watts expressed his objection to the application

-       Mr Guy Dobbins, applicant, spoke in support of the application

-       Mr Frank Brine spoke in support of the application

 

Officers introduced the report which sought approval. During the ensuing debate members of the committee, taking into consideration suggestions made by objectors, asked if different siting had been considered; it was explained that different options had been looked at but flooding issues and the fact that there were no objections from Environmental Health had led to the current siting being proposed.

 

Resolved:

 

That planning permission be GRANTED.

 

For the following reason(s):

 

The proposed development conforms to the Development Plan and there are no objections to it on planning grounds.

 

Subject to the following condition(s):

 

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 materials to be utilised within this development shall accord with the schedule of the materials as described within the submitted plan, number 10112-1 received by the Council on 21 January 2011.

 

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

 

POLICY: West Wiltshire District Plan – 1st Alteration 2004 – Policy C31A.

 

3. The development hereby permitted shall only be used for the private stabling of horses and the storage of associated equipment and feed and shall at no time be used for any commercial purposes, including the keeping of horses at livery or as a riding school.

 

REASON: In the interests of amenity and road safety.

 

POLICY: West Wiltshire District Plan - 1st Alteration 2004 - Policies C38 and E10.

 

4. No development shall commence on site until details for the storage of manure and soiled bedding (including the location of such storage) and its disposal from the site (including frequency) have been submitted to and approved in writing by the local planning authority. Before the development is first brought into use, the works for such storage and disposal shall be completed in accordance with the approved details and shall subsequently be maintained in acordance with the approved details. No storage of manure and soiled bedding shall take place outside of the storage area approved under this condition and there shall be no burning of manure or stable waste on the site.

 

REASON: In order to safeguard the amenities of the area.

 

POLICY: West Wiltshire District Plan - 1st Alteration 2004 – Policy C38.

 

5. Contaminated water shall not be discharged into any stream, watercourse or underground strata, whether direct or via soakaways.

 

REASON: In order to minimise the risk of pollution of the water environment.

 

POLICY: West Wiltshire District Plan - 1st Alteration 2004 – Policy U4.

 

6. The development hereby permitted shall not be  ...  view the full minutes text for item 45d

45e

W/11/00590/FUL - Erection of single storey extension to south east elevation and two storey extension to east elevation - 18B Horse Road Hilperton Wiltshire BA14 7PE

Erection of single storey extension to south east elevation and two storey extension to east elevation - 18B Horse Road Hilperton Wiltshire BA14 7PE

Supporting documents:

Minutes:

Public Participation:

 

-       Miss Lisa Hayward, applicant, spoke in support of the application.

 

Officers introduced the report which sought approval. Members of the committee were satisfied that the issues which had led to the application being called in had been subsequently addressed.

 

Resolved:

 

That planning permission be GRANTED.

 

For the following reason(s):

 

The proposed development conforms to the Development Plan and there are no objections to it on planning grounds.

 

Subject to the following condition(s):

 

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 materials to be used in the construction of the external surfaces of the development hereby permitted shall match in material, colour and texture those used in the existing building.

 

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

 

West Wiltshire District Plan 1st Alteration 2004 - POLICY: C31a.

 

3. This permission relates to the following plans and documents:

 

Site location and Block Plan – Received – 17.02.2011

Existing Plan and elevation – Received – 17.02.2011

Proposed floor plan – Received – 17.02.2011

Proposed front elevation – Received 01.04.2011

Proposed rear elevation – Received 01.04.2011

Proposed side elevation - Received 01.04.2011

Proposed side elevation - Received 01.04.2011

 

REASON: In order to define the terms of this permission.

46.

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.