Agenda and minutes

To receive any apologies or substitutions for the meeting.

Apologies for absence were received from Councillors Ernie Clark, Magnus Macdonald and Roy While.

Councillor Clark was substituted by Councillor Dennis Drewett.

Councillor Macdonald was substituted by Councillor Gordon King.

Councillor While was substituted by Councillor Graham Payne.

To approve the minutes of the last meeting held on 22 May 2013.

The minutes of the meeting held on 22 May 2013 were presented for consideration and comment. It was,

Resolved:

To APPROVE as a true and correct record and sign the minutes.

To receive any announcements through the Chair.

There were no Chairman’s Announcements.

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

Councillor John Knight declared a non-pecuniary interest in application W/13/00618/FUL - Land Rear of 90 and 88a and 88b Dursley Road, Trowbridge - by virtue of being a member of Trowbridge Town Council, where the application had come before its Development Control Committee. He declared that he would consider the application on its merits and debate and vote with an open mind.

Councillor Jonathan Seed declared a non-pecuniary interest in application W/13/00050/FUL - Land at Farleigh Rise, Monkton Farleigh - by virtue of being acquainted with the applicant. He declared that he would consider the application on its merits and contribute to the debate and vote with an open mind.

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 05 May 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 rules on public participation were noted.

To consider and determine the following planning applications:

Public Participation

Mrs Louise Weissel spoke in objection to the application.

Mr Simon Hetzel spoke in objection to the application.

Mr Andrew Gough, agent, spoke in support of the application.

Mr Shane McCracken, Chair of Governors Fitzmaurice Primary School, spoke in support of the application.

The Area Development Manager introduced a report which recommended approval. It was noted that as a Wiltshire Council application, in the presence of objections being received the application had automatically be called into Committee for consideration.

The key issues were stated to include the impact upon the host building and the conservation area from the proposed extension, and the impact upon landscaping and amenity. An additional condition to ensure a scheme for the discharge of surface water from the site was submitted and approved was detailed.

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

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

The Local Member, Councillor Ian Thorn, then explained that while the need for additional classrooms at Fitzmaurice was accepted, there remained concerns with several aspects of the application around landscaping and impact upon local amenity that required resolution.

A debate followed, where details of temporary access to the site for construction purposes was raised, along with the extent or remaining greenspace at the school and appropriateness of the design. Details on proposed fencing was sought, along with details of potential restrictions on hours of work and delivery to minimise its impact.

Following debate, it was,

Resolved:

To APPROVE the application 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 and proposals in the West Wiltshire District Plan 1st Alteration 2004 namely Saved Policies C17, C19, C31a and C38.

In accordance with paragraph 187 of the National Planning Policy Framework, Wiltshire Council has worked proactively to secure this development to ensure that there would be no harm to the character and appearance of the Conservation Area or the neighbouring amenity.

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       Prior to the first use of the approved extension a School Travel Plan shall be 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 these agreed details.  The results of the  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 interests of road safety and  ...  view the full minutes text for item 49.

Public Participation

Mrs Sarah Kennedy spoke in objection to the application.

Mr George Leaze, agent, spoke in support of the application.

Mr Stephen Boxall, Upton Lovell Parish Council, spoke in objection to the application.

The Planning Officer introduced a report which recommended approval be granted. The key issues were stated to include the principle of the development, and impact on amenity and the highways.

The Committee then had the opportunity to ask technical questions of the officers. It was confirmed that despite the address, the site lay within the parish of Upton Lovell, and details were sought regarding the previous use on the site.

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

The Local Member, Councillor Christopher Newbury, then detailed the local objections to the application.

A debate followed, where the amount of parking on the site and impact upon the highways network was raised, along with discussion surrounding the current classification of permitted use on the site and its comparison with a poultry farm in being assessed for suitability. Details were also sought concerning the impact on the nearby rail level crossing.

At the conclusion of debate, it was,

Resolved:

To DEFER the application to a future committee meeting pending the completion of:

1)    Consultation with Network Rail regarding the level crossing;

2)    A site visit to be arranged for the Committee; and,

3)      An exploration of validity of comparison of previous traffic generation with a Poultry farm.

The Area Development Manager introduced a report which recommended approval. The key issues were stated to include the principal of the development within the green belt, loss of agricultural land and highway safety.

Members then had the opportunity to ask technical questions of the officer.

There were no members of the public to make statements in support or objection.

The Local Member, Councillor Trevor Carbin then spoke in support of the application.

A discussion followed, where the suitability of the existing highway to accommodate more traffic was noted, along with the existence of working sites in the surrounding area and limited impact of the proposals.

At the conclusion of debate, it was,

Resolved:

To APPROVE the application 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 Policies C1, C2, C31a, C38, E10 and TO4.

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       The development shall be carried out in accordance with the following plans:

          Drawing: Location map;

          Drawing: Site plan (received on 8 April 2013);

          Drawing: Equestrian, wash facilities and access plan (received on 8 April 2013);

          Drawing: Cross section A-B existing;

          Drawing: Cross section A-B proposed;

          Drawing: Washing facility elevations;

          Drawing: Stables elevations; and

          Drawing: Stables floor and roof plan.

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

3       In accordance with the details submitted and assessed under this application no more than 10 pitches (either tents or pods or caravans) shall be sited and in use on the land at any time.

          REASON: In order to define the terms of this permission, highway safety and protect the rural scene.

          POLICY: West Wiltshire District Plan 1st Alteration (2004) Policies C1, C2 and TO4.

4       The development hereby permitted shall only be used for the private stabling of horses and the storage of associated equipment and feed and shall at no time be used for any commercial purpose whatsoever, including for livery, or in connection with equestrian tuition or leisure rides.

          REASON: In the interests of highway safety.

          West Wiltshire District Plan 1st Alteration 2004 - POLICY: E10.

5       Any gates shall be set back 10 metres from the edge of the carriageway, such gates to open inwards only, in perpetuity.

          REASON: In the interests of highway safety.

          West Wiltshire District Plan 1st Alteration 2004 - POLICY:  ...  view the full minutes text for item 51.

Public Participation

Mrs Christine Jennings spoke in objection to the application.

Mr Brian Toogood, agent, spoke in support of the application.

The Planning Officer introduced a report which recommended approval be granted. The key issues were stated to include the scale of the development on the site, impact on neighbour amenity and highways considerations. It was noted that since historical refusals on the grounds of highways concerns, changes in policy had meant that there were no longer any objections from Highways officers.

The Committee then had the opportunity to ask technical questions of the officers, where details of the access and highways issues were sought.

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

The Local Member, Councillor Graham Payne, then spoke in objection to the application.

A debate followed, where the width of the access and local parking issues were raised, along with the increased pressures on the area from two properties on the site rather than the current permission for one. The footprint of the proposed bungalows was considered, as well as drainage.

Following 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 dwellings by reason of their location, single storey nature and design would not have an impact upon the existing street scene or neighbouring amenity and would not cause any significant harm to interests of acknowledged importance having regard to the National Planning Policy Framework and the following policies and proposals in the West Wiltshire District Plan 1st Alteration 2004 namely Saved Policies C31a, C38 and H1and guidance found in Wiltshire Local Transport Plan 2011-2026: Car Parking Strategy

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       The development hereby permitted shall be carried out in accordance with drawing numbers 2013-16: 01, 02, 03, 04 received on 8th April 2013 only

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

3       The materials to be used in the construction of the external surfaces of the development hereby permitted shall be as stated in the application form received by the Local Planning Authority on 8th April 2013 unless otherwise agreed in writing by the Local Planning Authority.

          REASON :In the interests of visual amenity and the character and appearance of the area having regard to Saved Policy C38 of the West Wiltshire District Plan 1st Alteration 2004

4       Notwithstanding the provisions of the Town and Country Planning (General Permitted  ...  view the full minutes text for item 52.

Public Participation

Mr Brian Cullern spoke in objection to the application.

The Planning Officer introduced the report, which recommended approval be granted. The key issues were stated to include the impact upon the main property, visual impact and relationship to adjoining properties.

The Committee then had the opportunity to ask questions of the officers, and the orientation of the property and its neighbours was clarified.

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

A statement from the Local Member, Councillor Ernie Clark, detailing his reasons for calling in the application on behalf of the objecting Parish Council, was read to the Committee.

A debate followed, where the impact of the proposed extension was assessed, with the lack of overshadowing and overlooking noted.

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 and proposals in the West Wiltshire District Plan 1st Alteration 2004 namely Saved Policies C31a and C38.

In accordance with paragraph 187 of the National Planning Policy Framework, Wiltshire Council has worked proactively to secure this development to ensure that there would be no harm to the character and appearance of the neighbouring amenity.

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

          Drwg No. 1073-P01 received on 2 April 2013

          Drwg No. 1073-P02 received on 2 April 2013

          Drwg No. 1073-P03 received on 2 April 2013

          Drwg No. 1073-P04 received on 2 April 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.