Agenda and minutes

To receive any apologies or substitutions for the meeting.

An apology for absence was received from Councillor Mark Griffiths.

Councillor Pip Ridout gave apologies she would arrive late for the meeting.

To approve the minutes of the last meeting held on 13 February 2013.

The minutes of the meeting held on 13 February 2013 were presented. It was,

Resolved:

To APPROVE as a correct record and sign the minutes.

To receive any announcements through the Chair.

The Chairman thanked the Committee for their efforts and assistance during the last four years, and praised the work of the Planning, Legal, and Democratic Services officers who had facilitated the work of the Committee.

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

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

Councillors Rod Eaton, Roy While and Ernie Clark declared a non-pecuniary interest in application W/12/02344/FUL – Rear of 4 Sandridge Road, Melksham – by virtue of being board directors of Selwood Housing.

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 10 April 2013.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 Committee noted the rules on public participation.

To receive an Appeals update report for 2012.

The Annual Planning Appeals Update Report for 2012 was presented. In a correction to the report it was stated that there had been one cost application against the Council, although it had been unsuccessful and no costs were awarded. An additional correction was the replacement of ‘Hunterhull Road’ with ‘Hunterhull Lane’ as listed in the report.

It was further clarified the list of decisions in the report included all those decisions the Committee had refused, not merely those that had been or were expected to be appealed.

In response to a query regarding appeals against delegated decisions on housing extensions, it was clarified that new procedures had been implemented, and as a result there had been no appeals on such extensions from delegated decisions, since the first half of 2012.

It was,

Resolved:

To note the Planning Appeals Update Report for 2012.

To consider and determine the following planning applications:

Public Participation

Mr Jeff Martin, agent, spoke in support of the application.

The Area Development Manager introduced a report which recommended approval. The key issues were stated to include the principle of the development at the sites, access and parking provision and design.

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

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

The Local Member, Councillor David Jenkins, then spoke in objection to the application.

A debate followed, where it was established that there was no legal requirement to provide affordable housing on such a small development, and the current unkempt state of the site and its attendant worth raised. The hours of development work in the event of approval was discussed, along with the impact on the character of the area and issues of highways congestion.

It was,

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.

In accordance with paragraph 187 of the National Planning Policy Framework, Wiltshire Council has worked proactively to secure this development to improve the economic, social and environmental conditions of the area.

Subject to the following conditions:

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 until details of the means of enclosure of boundaries have been submitted to and approved in writing by the Local Planning Authority.  No dwelling shall be first occupied until the boundary enclosure for it has been provided 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 and C32

4        No dwelling shall be first occupied until the off-street parking spaces shown on the approved plans for the dwelling have been provided. In addition, the dwelling on plot 1 shall not be first occupied until the 8 off-street parking spaces in front of the property have been provided in accordance with the approved plans.  The parking spaces for the development shall be consolidated and surfaced (not loose stone or gravel) and shall be retained as parking spaces thereafter.

          REASON: In the interests of highway safety.

          West Wiltshire  ...  view the full minutes text for item 29.

Public Participation

Mr N Paine spoke in objection to the application.

Mrs Paula Carr spoke in objection to the application.

Mr Ken Reis spoke in objection to the application.

Mr Alan Verity, applicant, spoke in support of the application.

The Area Development Manager introduced the report which recommended approval. The key issues were stated to include the principle of development, impact on the character and appearance of the area, and flooding and drainage. It was noted that a Wiltshire Council Drainage Engineer was satisfied with the application should appropriate conditions be imposed as detailed in the report.

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

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

The Local Member, Councillor Julie Swabey, then spoke in objection to the application.

A debate followed, where the potential for and impact of flooding in the area that could be worsened by the application was discussed, and the opinion of the Drainage Engineer noted. It was raised that the application was within the limits of development, but the suitability and effectiveness of any scheme to mitigate flooding concerns was debated.

At the conclusion of debate, it was,

Resolved:

That the application be DEFERRED to a future Committee meeting pending the completion of a full drainage report and the attendance of a Council Drainage Engineer.

Public Participation

Mr Anthony Brinkworth spoke in objection to the application.

Mrs Vera Parker spoke in objection to the application.

Prior to the introduction of the report, several members of the Committee requested advice on whether being Board Directors on Selwood Housing Association constituted a disclosable pecuniary interest and whether they should therefore not involve themselves in the debate or vote on the item as a result of Selwood involvement. The Legal Officer stated the connection probably did not constitute a disclosable pecuniary interest, but that councillors with an interest should consider not involving themselves in the debate if they determined that the public, in viewing that connection, might reasonably perceive the presence of bias in their decision as a result.

The Area Development Manager then introduced the report, which recommended approval. Key issues were stated to include the principle and character of the development, impact on neighbour amenity, and highways issues.

The Committee then had the opportunity to ask technical questions of the officer. In response to queries, it was stated that the Council could not impose a condition requiring additional parking to be provided on land not within the application site, although informatives suggesting specific details would be appropriate was within the authority of the Committee.

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

The Local Member, Councillor Stephen Petty, then spoke in opposition to the application.

A debate followed, where the loss of public amenity was raised, along with the level of housing density in the area should the application be approved and whether it would constitute overdevelopment. Details of the access arrangements were also sought, in addition to a suggestion that in the event of an approval, that the case officer write to Selwood Housing to communicate the concerns of the Committee regarding the provision of replacement parking.

At the conclusion of debate, it was,

Resolved:

1)            To request that a letter be sent by the Case Officer to Selwood Housing to request Selwood Housing investigate the possibility of providing replacement parking on the adjacent land under their control;

2)            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.  In accordance with paragraph 187 of the National Planning Policy Framework, Wiltshire Council has worked proactively to secure this development which shall make a modest windfall residential contribution towards meeting a growing and diverse housing need within the Town and wider Wiltshire.  In reaching its decision to grant permission, the Council took into account the relevant impacts upon neighbours, highway safety and other material considerations.

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  ...  view the full minutes text for item 31.

Public Participation

Mrs S Bull spoke in objection to the application.

Mr T Bull spoke in objection to the application.

Mr R Robins, agent, spoke in support of the application.

The Area Development Manager introduced the report which recommended approval. Key issues were stated to include the visual impact and the impact on the amenity of neighbours.

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

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

The Local Member, Councillor Trevor Carbin, then spoke in objection to the application.

A debate followed, where the extent of overlooking from the proposed balcony was discussed, along with the scale of the balcony and its impact, and how to mitigate concerns without substantially altering development.

At the conclusion of debate, it was,

Resolved:

That  planning permission be GRANTED for the following reason:

The decision to grant planning permission has been taken on the grounds that the proposed development would not cause any significant harm to interests of acknowledged importance and having regard to the National Planning Policy Framework and the following policies in the West Wiltshire District Plan 1st Alteration (2004), namely C31a and C38.

In accordance with paragraph 187 of the National Planning Policy Framework, Wiltshire Council has worked proactively to secure this development to improve the economic conditions of the area.

Subject to the following conditions:

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 those used in the existing building.

          REASON:  To ensure that the development harmonises with its setting.

          POLICY:  West Wiltshire District Plan - 1st Alteration 2004 - Policy C31A

3        The balcony shall not be brought into use until an opaque side panel 1.8 metres in height has been erected on the north side of the balcony and this shall thereafter be retained.

          REASON:

          To protect the privacy of the adjacent property.

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 11/2/2013

          Plan 865-SO1 received on 11/2/2013

          Plan 865-PO2 received on 13/3/2013

          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