Agenda and minutes

There were no apologies for absence.

The minutes of the meeting held on 14 November 2012 were presented.

Resolved:

To approve as a correct record and sign the minutes of the meeting held on 14 November 2012.

The Chairman welcomed Jemma Boustead, Senior Planning Officer to her first Western Area Planning Committee meeting and explained that Jemma would be presenting a number of reports.

The Chairman also welcomed Rob Hannis, Senior Highways Engineer to the meeting and informed the Members that Rob would be leaving the Council shortly.  The Chairman thanked Rob for all his hard work and especially for his services to the Committee. 

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

Cllr Peter Fuller and Cllr John Knight declared non-pecuniary interests in the following items as members of Trowbridge Town Council, where the application had been previously considered by its Development Control Committee. They both declared that they would consider the application on its merits and debate and vote with an open mind.

·         6c – Land West of Biss Farm, West Ashton Road, West Ashton; and

·         6g – Land Adjoining 51 Summerleaze, Trowbridge

Cllr Mark Griffiths declared a non-pecuniary interest in the following Items. He declared that he would consider the application on its merits and debate and vote with an open mind.

·         6d – Staverton Church of England Primary School, School Lane, Staverton as Cllr Griffiths knew one of the Governors at the school

·         6f – Land rear of 25 and 26 Union Street, Melksham as Cllr Griffiths and the agent were Melksham Town Councillor’s and that the application was previously discussed by the Town Council.  Cllr Griffiths did not vote at the Town Council meeting.

The Committee considered the following applications:

Public Participation

·         Dr Angus Murdoch, agent, spoke in support of the application.

·         Margaret Workman, representing West Ashton Parish Council, spoke in objection to the application.

The Planning Officer introduced the report which recommended approval, and detailed how the application had been deferred from the last meeting to arrange a site visit, which had now taken place.  The planning application was for a change of use to provide a single private gypsy pitch to include the siting of a mobile home and touring caravan and hardstanding for the parking and turning of vehicles.

The exact location and details of the site in relation to West Ashton and the nearby crossroads were highlighted, and it was noted the site was served by a pavement from Yarnbrook and that Highways officers considered the visibility at the access acceptable.

It was also noted that as the Council had, in its view, permitted the legally required number of Gypsy and Traveller pitches, the application did not need to be considered in the light of urgent need, but only by criteria set out in council policies as detailed in the report, and which officers felt the application abided by.

The Committee then had the opportunity to ask technical questions of the officer.

Members of the public then had the opportunity to address the Committee with their views, as detailed above.

The Local Member, Cllr Francis Morland, then spoke in objection to the application.  The Committee then considered the application and debating a number of issues, in particular, the highway safety at the site, to what extent the application would impact on the highways in the area, making the permission personal to the applicant and his mother and occupancy of 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 The use hereby permitted shall be carried on only by Mr Willam Sherred (the applicant), his mother and his resident dependants and shall only be occupied by them whilst they meet the definition of gypsies and travellers as defined in Annex 1 to the Department for Communities and Local Government document ‘Planning Policy for Traveller sites’ published in March 2012.

REASON: The personal circumstances of the applicant and his mother have been a significant material consideration that has been taken into account in the decision to grant planning permission for this use on this site.

3 No more than 2 caravans, as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968, of which no more than 1 shall be a static caravan, shall be stationed  ...  view the full minutes text for item 107a

Public Participation

·         Mike Keen representing Spitting Feathers – Sutton Veny and Longbridge Deverill Action Group spoke in objection to the application.

·         William Owen representing Spitting Feathers – Sutton Veny and Longbridge Deverill Action Group spoke in objection to the application.

·         EamonnWilmott representing Spitting Feathers – Sutton Veny and Longbridge Deverill Action Group spoke in objection to the application.

·         Mr Rafferty representing the applicant spoke in support of the application.

·         Ian Bell representing Longbridge Deverill Parish Council spoke in objection to the application.

·         William Owen representing Sutton Veny Parish Council spoke in objection to the application.

The Planning Officer introduced the report which recommended approval be granted subject to appropriate planning conditions.  He explained that the application was for the demolition of four existing poultry buildings and their replacement with five new structures along with the provision of associated infrastructure including feed bins and hardstanding.

The Committee then had the opportunity to ask technical questions of the officer.

Members of the public then had the opportunity to address the Committee with their views, as detailed above.

The Local Member, Cllr Fluer de Rhe Philipe, then spoke in objection to the application.

The Committee then considered the application and a number of issues were raised, in particular distances from the farm buildings to various local properties in Sutton Veny and buildings in the adjacent industrial estate, increase in traffic and the effect on the local amenity, highway issues.  It was noted that odour, dust and noise issues were dealt with by the Environment Agency rather than the Wiltshire Council.  It was also reported that the applicant would have to apply for a permit from the Environment Agency as it was proposed the farm would have a capacity exceeding 40,000 poultry birds.

Resolved:

That consideration of the application be deferred until:

1) The applicants submit their application to the Environment Agency for the permit required by the EA for the operation of the proposed facility;

2) A site visit by members of the Western Area Planning Committee has taken place;

3) Officers prepare a report on potential reasons for refusal on traffic and amenity grounds for further consideration by the Western Area Planning Committee following the site visit Committee.

Public Participation

·         David Hutchinson, agent, spoke in support of the application.

The Planning Officer introduced the report which recommended that reserved matters be approved subject to appropriate planning conditions.  He explained that the application was for the approval of reserved matters for employment development comprising B1, B2 and B8 uses and associated access and landscaping pursuant to outline permission ref 05/00744/OUT.

The Committee then had the opportunity to ask technical questions of the officer.

Members of the public then had the opportunity to address the Committee with their views, as detailed above.

The Local Member, Cllr Francis Morland, then spoke to the application.

The Committee then considered the application and a number of issues were raised, in particular highway issues in relation to the West Ashton Traffic lights and some minor road alterations to the Yarnbrook crossroads and County Way roundabout in Trowbridge.

Resolved:

That planning permission be granted for the following reasons:

The principle of developing this site as a strategic employment site has been fully established (following the approval of the extant outline application 05/00744/FUL, and most recently on appeal: application W/10/03031/FUL). The reserved matters hereby approved are considered wholly compliant with the adopted development plan and emerging Council policies.

Subject to the following condition(s):

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

(a) the parking of vehicles of site operatives and visitors;

(b) loading and unloading of plant and materials;

(c) storage of plant and materials used in constructing the development;

(d) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

(e) wheel washing facilities;

(f) measures to control the emission of dust and dirt during construction;

(g) a scheme for recycling/disposing of waste resulting from demolition and construction works; and

(h) measures for the protection of the natural environment.

(i) hours of construction, including deliveries; has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The development shall not be carried out otherwise than in accordance with the approved construction method statement without the prior written permission of the Local Planning Authority.

REASON: To minimise detrimental effects to the neighbouring amenities, the amenities of the area in general, detriment to the natural environment through the risks of pollution and dangers to highway safety, during the construction phase.

POLICY: West Wiltshire District Plan 1st Alteration 2004 - POLICY: C38, as well as the NPPF and NPSE.

2 The developed shall be carried out fully in accordance with the recommendations contained within the Ecological Assessment published by Aspect Ecology Ltd dated May 2011.

REASON: In order to protect protected species and their associated habitats.

POLICY: The National Planning Policy Framework (NPPF)

3 No phased development shall commence on site until external lighting details for the site have been submitted to the local planning authority for its written approval. The  ...  view the full minutes text for item 107c

The Planning Officer introduced the report which recommended approval be granted subject to appropriate planning conditions.  She explained that the application was for an extension to the existing school building.

The Committee then had the opportunity to ask technical questions of the

officer.

The Local Member, Cllr Trevor Carbin, then spoke about his concerns in relation to traffic congestion during drop off and pick up times in the local roads and the schools proposed Travel Plan.

The Committee then considered the application and in general expressed its support for the work of the school.

Resolved:

That planning permission be granted for the following reasons:

The proposal by reason of its location, siting and design would not have an adverse impact upon neighbouring amenity or the street scene and complies with Saved Policies C31a, C38 and CF1 of the West Wiltshire District Plan 1st Alteration 2004, the Wiltshire Local Transport Plan 2011-2026: Car Parking Strategy and advice contained in the National Planning Policy Framework

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 be carried out in accordance with drawing numbers 120483 P(0): 07, 08, 09A, 10A, 11A, 12A, 13, 14 received on 18th October 2012.

Reason: For the avoidance of doubt and in the interests of proper planning

3 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 having regard to Saved Policy C31a of the West Wiltshire District Plan 1st Alteration 2004.

4 No development shall commence on site until a School Travel Plan has been submitted to and approved in writing by the Local Planning Authority.  The Travel Plan shall include details of implementation and monitoring and shall be implemented in accordance with the approved details. The results of the implementation and monitoring shall be made available to the Local Planning Authority on request, together with any changes to the plan arising from those results.

Reason: In the interest of highway safety and reducing traffic development to the site having regard to the Wiltshire Local Transport Plan 2011-2026: Car Parking Strategy and advice contained in the National Planning Policy Framework.

5 The development hereby approved shall be carried out in strict accordance with the Phase 1 Habitat Survey written by Clarke Webb Ecology Limited received by the Local Planning Authority on 12th October 2012 unless otherwise agreed in writing.

Reason: In the interest of ecology having regard to advice contained in the National Planning Policy Framework  ...  view the full minutes text for item 107d

Public Participation

·         Mr Oyetunde, local resident spoke in objection to the application.

·         Mr Melling, local resident spoke in objection to the application.

·         Peter Grist, Agent, spoke in support of the application.

·         Malcolm Sharp, the applicant spoke in support of the application.

The Planning Officer introduced the report which recommended refusal.  She explained that the application was for a proposed dwelling on land north west of 2 The Uplands, Warminster.

The Committee then had the opportunity to ask technical questions of the

officer.

Members of the public then had the opportunity to address the Committee with their views, as detailed above.

The Local Member, Cllr Christopher Newbury, then spoke in objection to the application.

The Committee then considered the application noted that the proposal site was outside of the Town Centre Policy Limit.

Resolved:

That planning permission be refused for the following reasons:

1 The proposed development is located outside of the town policy limits defined for Warminster in the West Wiltshire District Plan 1st alteration and by reason of its size, location, design and relationship with adjoining properties would result in a cramped form of overdevelopment which would be out of keeping with the character of the area contrary to the requirements of Saved Policies H1 and C31a of the West Wiltshire District Plan 1st Alteration 2004 and advice contained in the National Planning Policy

Informative(s):

1 This decision relates to drawing numbers MS/01 MS/02, MS/03, MS/04 and drawing annotated as Site and Location Plans received on 12th September 2012.

Reason: For the avoidance of doubt and in the interests of proper planning

Public Participation

·         TarniaRuan, local resident spoke in objection to the application.

·         Richard Wiltshire, representing the applicant

The Planning Officer introduced the report which recommended approval be granted subject to appropriate planning conditions.  He explained that the application was for the erection of 2 dwellings with garages; reinstatement of railings and gate piers across the site frontage; new tree planting; demolition of garden sheds and brick boundary walls.

The Committee then had the opportunity to ask technical questions of the

officer.

Members of the public then had the opportunity to address the Committee with their views, as detailed above.

The Local Member, Cllr Stephen Petty, then spoke in objection to the application.

The Committee then considered the application and a number of issues were raised, in particular concerns about flooding, and the impact on neighbouring properties.

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 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 - POLICIES: C17, C18, C19, C31a and H1.

3 No development shall commence on site until a scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include

·         indications of all existing trees and hedgerows on the land;

·         details of any to be retained, together with measures for their protection in the course of development;

·         all species, planting sizes and planting densities, spread of all trees and hedgerows within or overhanging the site, in relation to the proposed buildings, roads, and other works;

·         finished levels and contours;

·         means of enclosure;

·         car park layouts;

·         other vehicle and pedestrian access and circulation areas;

·         hard surfacing materials;

·         minor artefacts and structures (e.g. furniture, play equipment, refuse and other storage units, signs, lighting etc);

·         proposed and existing functional services above and below ground (e.g. drainage, power, communications, cables, pipelines etc indicating lines, manholes, supports etc);

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features. West Wiltshire District Plan 1st Alteration 2004 - POLICY: C31a and C32.

4 All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first occupation of the building(s)  ...  view the full minutes text for item 107f

The Planning Officer introduced the report which recommended approval be granted subject to appropriate planning conditions.  He explained that the application was for the conversion of 51 Summerleaze into two flats and a two storey extension for two flats.

The Committee then had the opportunity to ask technical questions of the

officer.

The Local Member, Cllr Helen Osborne, then spoke in objection to the application.

The Committee then considered the application, whilst some Members felt the application was acceptable for the location others had concerns about parking issue, traffic congestion, visual impact and affects on neighbour amenities.

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 The development shall be carried out in accodance with the hereby approved plans:

Drawing: 12-45-1 received on 12 October 2012;

Drawing: 12-45-1-1 received on 12 October 2012;

Drawing: 12-45-1 received on 12 October 2012;

Drawing: 12-45-2 received on 12 October 2012;

Drawing: 12-45-3 received on 12 October 2012;

Drawing: 12-45-4 received on 12 October 2012;

Drawing: 12-45-5A received on 12 October 2012;

REASON: In order to define he terms of this permission.

3 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.

4 The development hereby permitted shall not be first occupied until the first five metres of the access, measured from the edge of the carriageway, 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

5 No part of the development hereby approved shall be first occupied until the parking area shown on the approved plans has been consolidated, surfaced and laid out in accordance with the approved details. This area shall be maintained and remain available for this use at all times thereafter.

REASON: To ensure that adequate provision is made for parking within the site in the interests of highway safety. West Wiltshire District Plan 1st Alteration 2004 - POLICY: T10

6 The development hereby permitted shall not be occupied until the flank boundary features have been reduced to not more than 0.6 metres for 1 metre back from the adjacent footway. These features shall be maintained at that height at all times thereafter.

REASON: In the interests of highway safety.

7 No development shall commence on  ...  view the full minutes text for item 107g

Public Participation

·         Bill Lowe, agent, spoke in support of the application.

The Planning Officer introduced the report which recommended approval be granted subject to appropriate planning conditions.  He explained that the application was for the variation of condition 3 of planning permission W/11/02859/FUL to allow the annexe to be occupied by person(s) responsible for the upkeep of Church farm.

The Committee then had the opportunity to ask technical questions of the

officer.

Members of the public then had the opportunity to address the Committee with their views, as detailed above.

The Local Member, Cllr Francis Morland, then spoke in objection to the application.

The Committee then considered the application and a number of issues were raised, in particular the possibility of a temporary permission.

Resolved:

That the Area Development Manager be authorised to grant planning permission, subject to the conditions set out below, on prior completion of a Section 106 legal agreement to prevent the annexe being sold separately from Church Farm, for the following reasons:

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

1 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 18.09.2012

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.

2 The annexe hereby permitted to be extended shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as Church Farm, Brokerswood, or by person(s) responsible for the upkeep of the fabric of the dwelling and the surrounding farmland known as Church Farm, Brokerswood.

REASON: The additional accommodation is sited in a position where the local planning authority, having regard to the reasonable standards of residential amenity, and the planning policies pertaining to the area, would not permit a wholly separate dwelling.

Any other items of business which, in the opinion of the Chairman, should be taken as a matter of urgency 

There were no Urgent Items.