Agenda and minutes

There were no apologies for absence.

To approve the minutes of the last meeting held on 28 March 2012 (copy attached.)

The minutes of the meeting held on 28 March 2012 were presented.

Resolved:

To approve as a correct record and sign the minutes of the meeting held on 28 March 2012.

There were no Chairman’s Announcements.

The Chairman gave details of the exits to be used in the event of an emergency and welcomed everyone to the meeting.

The Chairman also informed everyone that he had agreed for a photographer from the Wiltshire Times to be present throughout the meeting and that people were welcome to indicate whether or not they wished to be photographed.

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

W/11/02689/FUL - Former Bowyers Site, Stallard Street, Trowbridge, Wiltshire - Demolition and alteration of existing buildings and structures for a comprehensive redevelopment of the site

Councillor Peter Fuller declared a personal interest as a member of Trowbridge Town Council and its Development Control Committee but gave his assurance that he would consider the application with an open mind.

Councillor John Knight declared a personal interest as a member of Trowbridge Town Council and its Development Control Committee but gave his assurance that he would consider the application with an open mind. Councillor Knight added that he had not taken part in the meeting of the Development Control Committee where this application had been discussed and therefore had not endorsed the comments of the Town Council included in the agenda.

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 2 May 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 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 David Feather spoke in objection to the application.

-       Mr Ross Bowen, RPS planning consultant, spoke in objection to the application.

-       Mr Mike Baxter spoke in support of the application.

-       Mr Crispin Lilly, Vice-president for Business Affairs for Cineworld, spoke in support of the application.

-       Mr Angus Horner, Managing Director for Prorsus, spoke in support of the application.

Councillor John Knight, Unitary Councillor for Trowbridge Central, spoke in support of the application.

Councillor Graham Payne, Unitary Councillor for Trowbridge Drynham, spoke in support of the application.

The Area Development Manager introduced the report which recommended refusal for the application and in doing so highlighted the planning policies to be taken into account and the main issues with the proposed development which included highways considerations.

The Chairman then drew the committee’s attention to the late list.

The Chairman invited Alistair Cunningham, Service Director - Economy & Enterprise, to comment on the proposed development from a regeneration and policy perspective. From a policy and regeneration perspective the proposed development was considered as potentially detrimental to the regeneration of Trowbridge town centre.

In responding to technical questions asked the Area Development Manager confirmed that each application before the committee had to be considered on its own merit and the sequential test should be applied to this application.

The Senior Planning Solicitor explained to members of the committee that this application would be vulnerable to Judicial Review by an aggrieved party if the following were not provided and considered by the committee before the application was considered for and approved:

·         possible reasons for approval;

·         a full set of suggested conditions; and

·         appropriate heads of term for any legal agreements.

During the ensuing lengthy debate it was agreed that a redevelopment of the site was desirable, however it was also recognised that a development of this type and scale would have to be subject to numerous conditions and various legal agreements, the drafting of which could not be practically achieved at the meeting, should it be considered for approval. Members of the committee were particularly keen to see issues such as highways and access concerns addressed either in the conditions or as part of a Section 106 Agreement. 

Recognising the importance of the proposed development for the immediate neighbourhood as well as the town of Trowbridge, some members of the committee were minded to approve the application however they could not be satisfied that they had sufficient information available to them at that time.

It was therefore

Resolved:

That the committee were minded to grant approval for this application, subject to planning conditions and heads of terms for any legal agreement, that would be required to secure the completion of the development and to secure improvements to highway access to the railway station, being met and approved by committee on 20th June 2012.

Public Participation

-       Mr Peter Hulbert spoke in objection to the application

-       Mr Dean Jefferies spoke in objection to the application

-       Mr Simon Chambers, agent, spoke in support of the application

-       Mr Steve Siddall, Holt Parish Council, spoke in objection to the application

The Area Development Manager introduced the report which recommended approval for the application.

During the ensuing debate members of the committee could not alleviate their concerns regarding the proximity of the site to the adjacent vehicle repair workshop and the impact the proposed dwelling would have, especially due to its size compared to the size of the plot it was proposed to be built on and its impact on the conservation area and the setting of the nearby listed building.

It was therefore

Resolved:

That planning permission be REFUSED

For the following reasons:

1) The proposed development would result in the introduction of a residential use adjacent to an active vehicle repair workshop served from the access that runs alongside the proposed new dwelling. The close juxtaposition of this residential use with the active vehicle repair workshop would be likely to have an adverse impact on the operation of the vehicle repair workshop, as there could be pressure on the business to change its working practices (such as operating with the access doors open to demonstrate to customers that the business is open) in order to protect the amenity of the occupiers of the proposed new dwelling. This would conflict with policy E5 (ii) of the West Wiltshire District Plan 1^st alteration and with Government guidance in the National Planning Policy Framework (NPPF) paragraph 123.

2) The proposed development, by reason of its bulk and design, with a tall dwelling standing in isolation and occupying almost the full width of the plot, and with open parking to the frontage, would have an adverse impact on the appearance of this part of the conservation area and would be intrusive on the setting of the nearby listed building. This would conflict with policy C18 (a) and (b) of the West Wiltshire District Plan 1^st Alteration