Agenda and minutes

Apologies for absence were received from Councillors Mark Griffiths, John Knight and Jonathon Seed. No substitute member had been able to attend the meeting.

The minutes of the meeting held on 7 September 2011 were presented.

Resolved:

To approve as a correct record and sign the minutes of the meeting held on 7 September 2011.

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

W/11/02014/FUL - Application to replace extant permission (reference W/07/03825/FUL - allowed on appeal) for the conversion of existing house to form two 1-bed flats and new build creating a further two 1-bed flats - 6 Summerdown Walk Trowbridge Wiltshire BA14 0LJ.

Councillor Peter Fuller declared a personal interest as a member of Trowbridge Town Council Development Committee which had previously discussed the project. Councillor Fuller gave his assurance that he would consider the application with an open mind.

To consider and determine the following planning applications:

Public Participation:

-       Mrs Lisa Wiltshire spoke in objection to the application.

-       Mr Barry Jones spoke in objection to the application.

-       Mrs Sue Smith spoke in objection to the application.

Councillor Jeff Osborn, Unitary Councillor for Trowbridge Grove, urged the committee to consider objecting to the application as he felt there had been material changes since the appeal decision and that access and traffic difficulties would be exacerbated.

Officers introduced the report which sought approval.

During the ensuing debate members of the committee, although noting that private residential gardens were now excluded from the definition of previously developed land in Annex B of Planning Policy Guidance PPS3, and appreciating the issues raised by the objectors, could not be satisfied that there were sufficient grounds to depart from the previous appeal decision.

Resolved:

That planning permission be GRANTED.

For the following reasons:

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. No development shall take place until details of the materials to be used in the construction of the external surfaces of the building hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

REASON: To ensure that the development harmonises with its setting.

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

3. No development shall take place until full details of both hard and soft landscaping works have been submitted to and approved in writing by the local planning authority. These shall include the replacement of the existing close boarded timber fence around the outside of the site with new hedging, the details of which shall be included within the landscaping scheme, together with details of any trees on the site that are to be retained and the means for protecting them during construction; means of enclosure and the surfacing materials to be used in construction of the approved access, parking spaces, turning area, pedestrian circulation areas and patio. The works shall be carried out as approved and completed prior to first occupation of any of the flats hereby permitted or in accordance with a timetable to be agreed in writing by the local planning authority.

REASON: To provide a satisfactory landscaped setting for the development, in accordance with policy C32 of the West Wiltshire District Plan 1^st.

4. The approved parking spaces and turning area shall be kept free from obstruction and retained for their intended purpose thereafter.

REASON: To ensure that an adequate area for parking and/or servicing is available in the interests of highway safety.

5. None of the flats shall be  ...  view the full minutes text for item 90a

Public Participation:

-       Mr Graham Heard, National Trust employee, spoke in objection to the application.

-       Mr Nick Burns-Howell spoke in support of the application.

-       Miss Janet Kennedy, applicant, spoke in support of the application.

-       Mr Brian Griffin, agent, spoke in support of the application.

Councillor Peter Fuller relayed Councillor Mark Griffith’s regret at not being able to attend the meeting.

Officers introduced the report which sought refusal and in doing so drew the committee’s attention to the late list which contained comments from the agent and response from officers.

During the ensuing debate members of the committee discussed issues including animal welfare, value of local enterprises, impact on heritage assets and the open countryside.

Resolved:

That temporary planning permission be REFUSED

For the following reason:

The applicant has failed to satisfy the Council that there is an essential need for a temporary dwelling to be sited at this particular site. The application fails the functional test as set out in Annex A to PPS7. The applicant currently occupies a dwelling in the village of Broughton Gifford, a short drive, cycle or walk from the site. The existing dwelling provides the required level of accommodation necessary to fulfil the functional needs of the enterprise. On this basis, an additional dwelling on the site would run contrary to the advice contained within Annex A of PPS7 and to West Wiltshire District Plan Policies C1 and H19.

There was no public participation.

Officers introduced the report which sought approval, in doing so he clarified some of the figures included on page 39 of the agenda:

-       21 business units were A1 shops;

-       4 units were A2;

-       1 unit was a D1 institutional use;

-       1 Café;

-       2 units were A5 takeaways;

-       1 unit was a restaurant / takeaway.

He also pointed out that the visitor centre was open and that there were no vacant units.

During the ensuing debate members of the committee were satisfied that the conditions should address any concerns such as intrusive levels of noise or odour control.

Resolved:

That the change of use from A1 to A5 be GRANTED.

For the following reason:

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

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 use hereby permitted shall only take place between the hours of 08:00 and 23:00.

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.

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

3. Prior to the operation commencing a scheme of noise control shall be submitted to the LPA for approval. The scheme shall be fully implemented prior to the use commencing.

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.

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

4. Prior to the operation commencing a scheme of odour control shall be submitted to the LPA for approval. Once approved, the scheme shall be fully implemented prior to the use commencing.

REASON: To ensure the creation/retention of an environment free from intrusive odours in the interests of the amenity of the area.

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

Informative:

1. The applicant is advised to contact the food safety team when considering more detailed design and layout and prior to the operation of any food business.