Agenda and minutes

There were no apologies for absence.

To approve the minutes of the last meeting held on 9 November 2011 (copy attached.)

The minutes of the meeting held on 9 November 2011 were presented.

Resolved:

To approve as a correct record and sign the minutes of the meeting held on 9 November 2011.

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

W/11/01373/FUL - Church Farm, Church Street, Hilperton, Wiltshire, BA14 7RG

Councillor Trevor Carbin declared a personal and prejudicial interest as he lived next door to the property, accordingly Councillor Carbin would not be in the Council Chamber whilst the application was being considered.

Councillor Ernie Clark declared a personal interest as he had chaired the meeting of the Hilperton Parish Council when this application was discussed. Councillor Clark neither took part in the debate not voted on the matter. He gave his assurance that he would consider the application with an open mind.

W/11/01248/FUL - The Forge, Park Street, Heytesbury, Wiltshire

Although it was neither a personal or prejudicial interest Councillor Christopher Newbury wished to declare that he had previously employed the main objector to the application as a solicitor.

W/11/02357/FUL - Former Bradford on Avon Hospital, Berryfield Road, Bradford on Avon, Wiltshire

W/11/01373/FUL - Church Farm, Church Street, Hilperton, Wiltshire, BA14 7RG

W/11/01248/FUL - The Forge, Park Street, Heytesbury, Wiltshire

W/11/02648/FUL - Land Adjoining 16 Wiltshire Crescent, Melksham, Wiltshire

W/11/02194/FUL - Land Rear of 12 Lavender Close, Melksham, Wiltshire

Councillors Rod Eaton, Roy While, Mark Griffiths, Jonathon Seed and Pip Ridout declared a personal interest as they had been heavily lobbied with regards to the applications. They all gave their assurance that they would consider the applications with an open mind.

The Chairman explained that the order of the agenda would be slightly amended to consider applications in the following order:

W/11/02648/FUL - Land Adjoining 16 Wiltshire Crescent, Melksham, Wiltshire

W/11/02194/FUL - Land Rear of 12 Lavender Close, Melksham, Wiltshire

W/10/03480/REM - Land Adjoining 21 Wynsome Street, Southwick, Wiltshire

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

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 23 November 2011.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 welcomed all present. He then explained the rules of public participation and the procedure to be followed at the meeting.

The Chairman explained that a question had been received from Councillor Ernie Clark after the deadline for the submission of questions. Although the matter was not urgent the Chairman was conscious that there would not be a meeting of the Western Area Planning Committee until January 2012 and accepted Councillor Clark’s question. 

A copy of the question and response is appended to these minutes.

Councillor Clark declined asking a supplementary question.

To consider and determine the following planning applications:

A late list was circulated at the meeting and is appended to these minutes.

The Committee considered the following applications:

Public Speaking:

-       Mr Michael Thomas spoke in objection to the application.

-       Ms Glenys Appleton spoke in objection to the application.

-       Mr Chris Beaver spoke in objection to the application.

-       Mr John Cottle spoke in support of the application.

-       Mr Bruce Epsley spoke in support of the application.

-       Mr Jim Tarzey, planning advisor for the applicant, spoke in support of the application.

-       Mrs Vicky Landell-Mills, on behalf of Bradford on Avon Town Council, spoke in support of the application.

Councillor Rosemary Brown, Unitary Councillor for Bradford-on-Avon North, spoke in support of the application.

The Area Development Manager introduced the report which sought approval and drew the Committee’s attention to the late list by reading through the salient points.

In responding to technical questions asked the Area Development Manager clarified that:

-       All elements of sloping roof would be in slate;

-       The design had been changed to include more use of stone;

-       There were no plans for a helipad;

-       The air conditioning would be located in the services area;

-       The sub-station would be re-located at a distance from the neighbouring dwellings.

During the ensuing debate it became clear that the committee members would have to balance the impact of the development on the setting of a listed building with the benefit for the community from the development. Other issues to take into account were the impact of the development on the conservation area and its proximity to neighbouring properties.

Members of the committee felt that the best way to assess this would be to have an official site visit.

Resolved:

To defer the application until a site visit had been organised to enable the committee to view the site and its surroundings.

Councillor Trevor Carbin left the room at that point, Minute No.110 refers.

Public Participation:

-       Mr Neil Millar spoke in objection to the application

-       Mr Spencer Westwood spoke in objection to the application

-       Mr Edward Sweet spoke in objection to the application

-       Mr Andrew Penna, agent, spoke in support of the application

During the debate members of the committee discussed the provision of affordable housing, the off and on site parking and the possible impact of the development on the character and appearance of the conservation area.

On being put to the vote a motion to refuse planning permission was lost, Councillor Clark asked for his vote in favour of refusing planning permission to be recorded.

Resolved:

To delegate authority to the Director of Development to grant planning permission subject to a legal agreement to secure the following:

i) a financial contribution towards the provision of 6 primary school places. Calculated at the 2011/12 cost multiplier of £12598 each, (totalling £75, 588 which would be valid on any S106 signed by 31.03.12);

ii) a financial contribution towards the provision of traffic calming, enhanced bus service infrastructure and a contribution of £2000 towards improvements to Bridleway HILP33 which links directly from the village to Middle Lane in Trowbridge;

iii) a financial contribution of £20,000 towards improvements to the village hall facilities.

iv) a financial contribution of £10,600 to be made in respect to enhancing off-site public open space provision, which shall ring fenced for improving the existing facilities at Hilperton Recreation Ground. [NB. Should the applicant wish to transfer the maintenance of the on-site public open space to the Council, there would be an additional financial contribution levied amounting to £27,915].

v) the provision of 3 affordable housing units on site (offered as the 2 x 2 bed units within Building B and 1 of the mid terrace 3- bed units within Building G) for rented accommodation as well as providing a commuted sum for off-site provision which shall be subject to a claw-back clause to allow for the ‘open book’ test to be revisited before any units are sold to ensure any subsequent improvement in viability is reflected in the commuted sum payment.

For the following reason(s):

The proposed development conforms to the Development Plan and the legal agreements and the conditions attached to it overcome any objections 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 commence on site until all the tin clad existing buildings (which are not identified for retention) have been permanently demolished and all of the demolition materials and debris resulting there from has been removed from the site.

REASON: In the interests of the character and appearance of the  ...  view the full minutes text for item 113b

-       Mr Christopher Jolly spoke in objection to the application

-       Mr Diacon Carpendale spoke in objection to the application

-       Mrs Rachel Royce, applicant, spoke in support of the application

-       Mr Alan Moon, architect and agent, spoke in support of the application

The Area Development Manager introduced the report which sought approval.

During the ensuing debate the Committee considered issues including the materials to be used and scale of the proposed development.

It was agreed that the issue of identifying and dealing with previous alterations that had been made without listed building consent would need to be addressed separately of the application.

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

REASON: To ensure that the character and fabric of the listed building is protected.

POLICY: West Wiltshire District Plan – 1st Alteration 2004 – Policy C28.

3 Details of all new external windows and doors including any glazing, at a scale of not less than 1:20, and sections through all frames, glazing bars and opening mechanisms, at a scale of not less than 1:2, shall be submitted to and approved in writing by the Local Planning Authority prior to their installation in the building. The works shall then only be carried out strictly in accordance with those approved details.

REASON: To protect and preserve the character of the listed building.

POLICY: West Wiltshire District Plan - 1st Alteration 2004 - Policy C28.

4 Details of all new external doors, door linings, architraves, beadings, skirtings, shall be submitted to and approved by the local planning authority, prior to their installation in the building. The works shall then only be carried out strictly in accordance with those approved details.

REASON: To protect and preserve the character of the listed building.

POLICY: West Wiltshire District Plan - 1st Alteration 2004 - Policy C28.

5 Details of all new or replacement rainwater goods, which shall be of cast iron or cast aluminium construction and finished in black, shall be submitted to and approved by the Local Planning Authority prior to their installation in the building. The works shall then only be carried out in strict accordance with the approved details.

REASON: To ensure that the character and fabric of the listed building is protected.

POLICY: West Wiltshire District  ...  view the full minutes text for item 113c

Public Participation:

-       Dr Elizabeth Christie spoke in objection to the application

-       Mrs Trudy Stephens spoke in objection to the application

-       Mr Simon Matthews spoke in objection to the application

-       Mr Geoffrey Long, applicant, spoke in support of the application

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

Councillor Jon Hubbard, Unitary Councillor for Melksham South, expressed his concerns over the application.

The Area Development Manager introduced the report which sought approval.

In response to technical questions asked it was clarified that access to the site would be on a private right of way.

During the ensuing debate members of the committee considered access to the site.

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 No development shall take place until samples of the materials to be used in the construction of the external surfaces of the development 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 there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the buildings are occupied or in accordance with a timetable agreed in writing with the Local Planning Authority. Development shall be carried out in accordance with the approved details.

REASON: To ensure the appearance of the development is satisfactory.

4 The development hereby permitted shall not be occupied until works for the disposal of sewage have been provided on site to serve the development hereby permitted, in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

REASON: To ensure that the development can be adequately drained.

POLICY: West Wiltshire District Plan - 1st Alteration 2004 - Policy U1A.

5 The development hereby permitted shall not be occupied until provision shall have been made within the site for the disposal of surface water so as to prevent its discharge onto the highway. Details of this provision shall have first been submitted to and approved by the Local Planning Authority.

REASON: In the interests of highway safety.

POLICY: West Wiltshire District Plan – 1st Alteration 2004 – Policy U1A

6 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order  ...  view the full minutes text for item 113d

Public Speaking:

-       Dr Elizabeth Christie spoke in objection to the application

-       Mrs Trudy Stevens spoke in objection to the application

-       Mr Simon Matthews spoke in objection to the application

-       Mr Richard Harlow, agent, spoke in support of the application.

Councillor Jon Hubbard, Unitary Councillor for Melksham South, expressed his concerns over the application.

The Area Development Manager introduced the report which sought approval.

During the ensuing debate members of the committee discussed access and vehicular traffic on Longleaze Lane.

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 development hereby permitted shall not be bought into use until the visibility splay as shown on the approved plan has been consolidated and surfaced (not loose stone or gravel). The access shall be maintained as such thereafter.

REASON: In the interests of highway safety.

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

3 The development hereby permitted shall not be first brought into use; until splays have been provided on both sides of the access to the rear of the existing footway based on co-ordinates of 2.4m x 2.4m. The access shall be kept free of obstruction above a height of 600 mm; at all times.

REASON: In the interests of highway safety.

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

4 The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans:

Location plan received on 3/8/2011

AH2011/CoU13 received on 3/8/2011

REASON: To ensure that the development is carried out in accordance with the approved plans that have been judged to be acceptable by the local planning authority.

Public Participation:

-       Mrs Janet Lane spoke in objection to the application

Councillor Francis Morland, Unitary Councillor for Southwick, explained the difficult set of circumstances and his concerns over the application.

The Area Development Manager introduced the application which sought approval.

In response to technical questions asked it was clarified that the access lane at the back of the site was a public bridleway, with established vehicular access.

Resolved:

That reserved matters be APPROVED

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 not be carried out except in complete accordance with the details shown on the submitted plans:

Drawing: 1. Elevations received on 28 March 2011;

Drawing: 2. Floor Plans received on 28 March 2011;

Drawing: 3. Cross-section received on 28 March 2011;

Drawing: 4. Site Layout Plan received on 28 March 2011; and

Drawing: DWG004 Location Plan received on 28 October 2011.

REASON: To ensure that the development is carried out in accordance with the approved plans that have been judged to be acceptable by the local planning authority.

Informative(s):

1 The developer is advised that construction traffic and construction materials should not at any point block the bridleway to the rear of the site. For further information on the bridleway you can contact the Council’s public rights of way team.

2 The applicant is advised to satisfy himself that he has a right of vehicular access over the bridleway to the site.