Agenda and minutes

Apologies for absence were received from Cllr Mark Griffiths.

To approve the minutes of the last meeting held on 7 March 2012 (copy attached.)

The minutes of the meeting held on 7 March 2012 were presented.

Resolved:

To approve as a correct record and sign the minutes of the meeting held on 7 March 2012.

The Chairman reminded members of the committee that the National Planning Policy Framework had been published the day before the meeting, and he anticipated that a seminar would be organised.

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

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

There were no Declarations of Interest.

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 21 March 2012.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.

No questions had been received from councillors or members of the public.

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

To consider and determine the following planning applications:

The late list referred to in these minutes is attached for information.

The Committee considered the following applications:

Public Participation:

·         Mr Peter Leach, Mayor of Bradford on Avon, spoke in objection to the application.

·         Mr Stephen Green, agent, spoke in support of the application.

·         Mr Colin Johns, representative of Bradford on Avon Town Council, spoke in objection to the application.

The Area Development Manager introduced the report which recommended approval for the application and in doing so he drew the committee’s attention to the late list.

In responding to technical questions asked the Area Development Manager confirmed that a previous application by the same developer had been withdrawn and that the height of the development now being proposed had been lowered since the original application to address concerns.

Members of the public then had the opportunity to speak as detailed above.

Cllr Malcolm Hewson, Unitary Councillor for Bradford on Avon South, thanked members of the committee for attending the site visit prior to the meeting. Cllr Hewson, although understanding that the site would, likely, be developed for housing purposes, expressed his concerns about the application and its relationship with the rest of the town.

The Chairman relayed comments from Cllr Rosemary Brown, Unitary Councillor for Bradford on Avon North, which endorsed the comments of the Council’s Economic Development Officer in opposing the application.

During the ensuing debate members of the committee could not be convinced that the character of the area would be affected by the proposed development. Although regret was expressed that there were no policies protecting the retention of car parkings it was accepted that the site in question would be likely to be developed for housing purposes. However given the proximity of the site to the river and historical centre of the town it was felt that an additional condition should be added to protect the possible archaeological value of the site.

It was therefore

Resolved:

That planning permission be GRANTED

For the following reason(s):

This proposed application would be an appropriate form of development within the Conservation Area and within the setting of Listed Buildings; and through negotiations, the revised scheme overcomes previous grounds for refusal; and any additional concerns can be overcome by planning conditions.

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 details and samples of the materials to be used for the external walls and roofs 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: In the interests of visual amenity and the character and appearance of the area.

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

3       No development shall commence on site (including any works of demolition), until a Construction Method Statement, which shall include the following: 

          (a) the  ...  view the full minutes text for item 32a

Public Participation:

·         Mr Calum Ogilvie spoke in objection to the application.

·         Mr David Stirling, agent, spoke in support of the application.

·         Mr Phil Difford spoke in support of the application.

·         Mrs Sally Oliphant, representing Bulkington Parish Council, spoke in objection to the application.

The Area Development Management introduced the report which recommended approval for the application. The late list informed members of the committee that a further objection had been received.

In responding to technical questions asked, the Area Development Manager clarified that this was not a conservation area. He further explained that Tudor Cottage was a listed building and that any building existing within its curtilage in 1948 would have also been listed. However as the detached garage had been erected in 2009 listed building consent was not required.

Members of the public then had the opportunity to speak as detailed above.

Members of the committee were concerned about the issues of overdevelopment of the site as well as the lack of direct access to the rear of the building. However their main concern, as highlighted by public speakers, was to ensure that the annexe could not be classed as a separate dwelling.

It was therefore

Resolved:

To delegate authority to the Director of Development to grant planning permission subject to the prior completion of a legal agreement under Section 106 of the Town and Country Planning Act, preventing the studio from being sold separately from Tudor Cottage.

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       The existing parking area between the building and the High Street shall be retained at all times for off-street parking in connection with the residential use of the dwelling at Tudor Cottage and the annexe hereby approved.

          REASON: To ensure that adequate provision is made for parking within the site in the interests of highway safety.

4       The building shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as Tudor Cottage.

          REASON: The creation of an independent dwelling in this location would give rise to additional planning considerations, including parking and amenity issues.

5       The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plan/s:

          Drawing number 046 02  ...  view the full minutes text for item 32b

Public Participation:

·         Mr John Smith spoke in objection to the application.

·         Mr Ken Myzen spoke in objection to the application.

·         Mrs Sandra Chruzcz, applicant, spoke in support of the application.

Councillor Roy While had to leave at this point.

The Area Development Manager introduced the report which recommended approval of the application. He also drew the committee’s attention to the late list which explained that a plan had been received from the agent confirming that the existing access would not be widened and that the new parking area would be laid to gravel. This work could be done without the requirement for planning permission from the Council.

In responding to technical questions asked the Area Development Manager explained that Highways would object to the use of gravel only if it came up to the highway. In this case the gravelled area was an extension to the existing drive (tarmac) not reaching the highway, on the other hand meeting the requirement for a porous material to be used.

In responding to a question from members of the committee on a point raised by a public speaker it was explained that a technical error had meant that some of the letters informing interested parties of the applications to be considered by the Western Area Planning Committee at this meeting had been sent without postage. Where identified reimbursement of cost was being offered to those affected. The Area Development Manager offered apologies for any inconvenience this may have caused.

Members of the public then had the opportunity to speak as detailed above.

During the ensuing debate members of the committee felt that amendments to the proposed extension, as suggested by objectors as being in-keeping with existing extended dwellings on the estate, may potentially have more of an impact on neighbouring dwellings.

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

             Site Location Plan received on 5 January 2012

             1407-01 P1 received on 5 January 2012

             1407-02 P1 received on 5 January 2012

             1407-03 P1 received on 5 January 2012

             1407-04 P2 received on 3 February 2012

            1407-05 P2 received on  ...  view the full minutes text for item 32c

To review the outcomes of decisions made by the Planning Inspectorate on appeals in the area covered by the Western Area Planning Committee in 2011.

A report by the Area Development Manager is circulated.

Councillors John Knight and Pip Ridout had to leave at that point.

The Area Development Manager introduced his report which summarised the outcomes of decisions made by the Planning Inspectorate on appeals in the area covered by the Western Area Planning Committee in 2011.

Some Councillors and members of the committee could not be satisfied that the decision to withdraw opposition to the Slag Lane appeal had been the most cost effective and expressed their wishes to seek specialist legal advice or Counsel when similar situations arose in future. The Area Development Manager pointed out that the conclusions reached by the Inspector supported the decision to withdraw the objection, he also reminded the committee that legal advice had been sought and that the Inspector had reached his decision due to the lack of substantive evidence to support the reason for refusal put forward by the Council.

The Area Development Manager, in response to questions asked, explained that the reasons and circumstances for appeals against decisions made under delegated decision (especially allowed appeals for decisions related to householder applications) were being reviewed by the Development team in a bid to address any issues.

The Committee thanked Cllr Jonathon Seed for his effort and hard work with regards to the appeal for the land adjacent to West Wiltshire Crematorium (APP/Y3940/A/11/2156159).

Resolved:

To note the Planning Appeals Report.