Agenda and minutes

Apologies for absence were received from Councillor Jonathon Seed (substituted by Councillor Andrew Davis).

To approve the minutes of the last meeting held on 30 November 2011 (copy attached.)

The minutes of the meeting held on 30 November 2011were presented.

Resolved:

To approve as a correct record and sign the minutes of the meeting held on 30 November 2011.

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

Proposed abandonment of the Diversion Order and Definitive Map Modification Order No. 22 2011

Although not a member of the Western Area Planning Committee, Councillor Francis Morland, in the interest of consistency, wished to declare a personal and prejudicial interest and decided to leave the chamber when the item was debated.

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

Councillor Mark Griffiths declared having been heavily lobbied by both objectors to and supporters of the application but gave his assurance that he would consider the application with an open mind.

W/11/01697/FUL - Land West Of Biss Farm West Ashton Road West Ashton Wiltshire.

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

W/11/02019/REM - Durlston Hilperton Road Trowbridge Wiltshire

W/11/02981/FUL - 175 Devizes Road Hilperton Wiltshire BA14 7QS

Councillor Ernie Clark declared a personal interest as he had chaired the meeting of the Hilperton Parish Council where the applications had been considered, he had neither participated in the debate or voted on the applications. Councillor Clark gave his assurance that he would consider the applications with an open mind.

The Chairman welcomed Sally Madgwick, Rights of Way officer, and Alan Creedy, Head of Service - Sustainable Transport and thanked councillors who had attended the site visit earlier in the day.

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 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 (acting on behalf of the Director of Resources) no later than 5pm on Wednesday 28 December 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.

To consider the report of the Service Director – Neighbourhood Services (copy attached).

The Rights of Way officer introduced the report which sought approval for the Order to be abandoned and revoked following the submission by the developer of a revised application for planning permission for the site which did not interfere with the line of any public rights of way. Planning permission had been granted on 24 August 2011.

Councillor Morland left the room at this point, minute item 3 refers.

Members of the committee sought and gained reassurance that there were no anticipated costs for the Council.

Resolved:

That the Wiltshire Council (Sheet ST 85 SE) Westbury 25 (part) Diversion Order and Definitive Map Modification Order No. 22 2011 be abandoned and revoked.

To consider and determine the following planning applications:

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

The Committee considered the following applications:

Public participation:

-       Mr Mike Thomas spoke in objection to the application

-       Mrs Glenys Appleton spoke in objection to the application

-       Mr Chris Beaver spoke in objection to the application

-       Mr Tony Cole spoke in support of the application

-       Mr John Mullholland spoke in support of the application

-       Mrs Gwen Allison, 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.

He reminded all present that this application had been deferred at the last meeting until a site visit could be organised to enable the committee to view the site and its surroundings. A site visit had taken place in the afternoon prior to the committee.

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

-       The financial viability of the project could be a material consideration; however the main focus for the committee should be to balance the impact on the setting of a listed building, the impact on the conservation area and on amenities for neighbouring dwellings with the benefit for the community from the development.

-       There were no social contributions or Section 106 Agreements relevant to this application.

-       The report properly addressed the tests set in Policy PPS5.

-       The proposed development was of a similar height to Berryfield House, but the two were a significant distance away from each other.

During the ensuing debate it became clear that members of the committee wanted to ensure that the height of the proposed development did not exceed the height of Berryfield House and accordingly amended condition 8.

Resolved:

That planning permission be GRANTED

A recorded vote having been requested, the voting was recorded as follows:

For planning permission:

Cllrs Trevor Carbin, Andrew Davis, Rod Eaton, Peter Fuller, Stephen Petty, Pip Ridout, and Roy While.

Against planning permission:

Cllrs Ernie Clark, Mark Griffiths, John Knight and Christopher Newbury.

For the following reason(s):

The proposed development is located in an area where the Council has already determined that new development is acceptable in principle, most recently through the 2009 planning permission. Whilst the new development will have a greater impact on the setting of the listed building than the earlier approved scheme, the plans still leave Berry Field House with a substantial swathe of undeveloped land to the west and south that will enable the architectural features of the building to be appreciated in a relatively spacious setting. Furthermore, the siting, design (including materials) and overall height of the new development help ameliorate the impact of the new development on the setting of Berryfield house. The Council is satisfied that the wider public benefits that will accrue, including the provision of a health care facility in an area where there is currently an undersupply and growing projected demand for this  ...  view the full minutes text for item 8.

Public participation:

-       Mr Ken McCall spoke in objection to the application

-       Mr George McDonic spoke in objection to the application

-       Mrs Sandra Carlton spoke in objection to the application

-       Mr David Hutchinson, agent, spoke in support of the application

-       Mr Richard Covington, on behalf of the West Ashton Parish Council, spoke in objection to the application

Councillor Francis Morland, Unitary Councillor for Southwick, expressed his concerns about the application.

The Area Development Manager introduced the report which sought approval.

In responding to technical questions he clarified that:

-       A section 106 agreement existed for the residential development and did not need to be part of this application;

-       At present it was believed that the land would be identified as development land as part of the Core Strategy;

-        Improvements to the highway network were detailed in conditions 23, 24 and 25 included in the report.

During the ensuing debate members of the committee expressed concerns about the highway network and its ability to cope with existing traffic, let alone any additional traffic.

Members of the committee could not be satisfied that it would be reasonable to make a decision on the assumption that the land would be identified for employment use in the Wiltshire Core Strategy.

Resolved:

To defer the application until the Wiltshire Core Strategy (“Wiltshire 2026 – Planning for Wiltshire’s Future”) has been approved.

Public Participation:

-       Mr Richard Smith, Managing Director, spoke in support of the application

-       Mr David Raynes spoke in support of the application

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

The Area Team Leader introduced the report which sought approval.

In answering technical questions he clarified that permitted development had not been removed when the dwelling had been demolished.

Members of the committee recognised that the proposed amendments by the applicant were a vast improvement and it was therefore

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 Landscaping of the site shall be carried out in accordance with the approved landscaping plan AH2010/31a Sheet 8 of 8 Rev A, following consultation with Landscape Officer on the replacement trees shown on that drawing.

REASON: To ensure a satisfactory landscaped setting for the development.

West Wiltshire District Plan 1st Alteration 2004 - POLICY: C31a and C32

Informative(s):

1. The applicant is advised that the development must comply with the conditions and planning obligations imposed on Outline Permission reference 08/01089/OUT.

The Area Team Leader introduced the report which sought approval.

Members of the committee were satisfied that an additional condition regarding the occupancy of the outbuilding would address their concern.

Resolved:

That planning permission 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 condition:

The building hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as 175, Devizes Road, Hilperton

REASON: To safeguard the amenities and character of the area