Agenda and minutes

To receive any apologies or substitutions for the meeting.

An apology for absence was received from Councillor Andrew Davis.

To approve the minutes of the last meeting held on 4 September 2013.

The minutes of the meeting held on 04 September 2013 were presented for consideration. It was,

Resolved:

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

To receive any announcements through the Chair.

The Chairman announced the application 13/01573/FUL: Manor Farm, Upton Lovell, Warminster, was to be moved from 6h to 6b on the agenda.

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

Councillor Jonathon Seed declared a non-pecuniary interest in application 13/01573/FUL: Land East of 14 Farleigh Rise, Monkton Farleigh, as he believed he had had correspondence with the applicant, but that would consider the application on its merits and contribute to the debate and vote.

Councillor Magnus Macdonald declared a non-pecuniary interests in applications W/13/12/02346/FUL, W/12/02347/FUL and W/12/02348/LBC: Kingston Mills, Kingston Road, Bradford on Avon, by virtue of being a member of Bradford on Avon Town Council and had met with the applicant. He confirmed he would consider the applications with an open mind and participate in the debates and votes on the items.

Councillor Horace Prickett declared a non-pecuniary interest in application 13/01891/FUL: Honeywell Farm, Silver Street Lane, Brokerswood, Westbury, by virtue of having met with the developer and agent at the site. He declared he would consider the applications with an open mind on its merits, and would contribute to the debate and vote on the item.

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 9 October 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.

A question from Councillor Ernie Clark is included with this agenda.

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

A question from Councillor Ernie Clark was received for the meeting, with an answer included in the agenda pack.

A supplementary to the question was asked as follows:

“Assuming that the 'backstop' date (i.e. 22nd August 2016) will be the completion date for the road, by which date will Wiltshire Council expect work to start? i.e. How long will the council give Persimmon to finish building the road and opening it to the public?”

In response it was stated that although there was no direct measure to compel the developers as to when to begin construction of the road, Persimmons had to have it completed by the backstop date. As such, officers would receive an updated list of house completions in April 2014, at which point they would be in a better position to determine how far off from the target number the development was and start pressing Persimmons as to when they intended to start in order to meet their obligations by the stated date of 22 August 2016.

To consider and determine the following planning applications:

Public Participation

Mrs Sarah Kennedy spoke in objection to the application.

Mr Graham Lees spoke in support of the application.

Cllr Tom Thornton, Codford Parish Council, spoke in objection to the application.

The Planning Officer introduced a report which recommended that permission be granted. Key issues were stated to include the principle of the development resulting from the change of use within an Area of Outstanding Natural Beauty (AONB), the impact upon the amenity of the area and highways considerations. It was noted that highways officers had raised no objections to the application, which now included a lay-by and additional signage. As requested by the Committee when considering the application during its meeting of 12 June 2013, a site visit had taken place prior to the commencement of the meeting.

Members of 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 Christopher Newbury, then detailed the local concerns regarding the application.

A debate followed where the impact on the surrounding area was assessed, taking note of the nearby rail line, along with the width and safety of the access road and the mitigating measures that had been proposed. Proposed hours of delivery to and from the site were also discussed.

After debate, it was,

Resolved:

To GRANT planning permission for the following reason:

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 101, 102, 103, 105, 106 received on 13th April 2012, drawing number 107A received on 18th September 2013 and drawing number 104B received on 24th September 2013.

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

3       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting or amending that Order with or without modification), the site shall be used solely for purposes within Class B1 and B8 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended by the Town and Country Planning (Use Classes) (Amendment) (England) Order 2005 (or in any provisions equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification).

          REASON:  The proposed use has been considered to be acceptable but the Local Planning Authority wish to consider any future proposal for a change of use and its impact upon the AONB, the wider  ...  view the full minutes text for item 86.

Public Participation

Mr Tony Kernon, agent, spoke in support of the application.

The Planning Officer introduced a report which recommended that planning permission be refused. Key issues were stated to include the principle of development of an additional agricultural dwelling, highways considerations and impact upon amenity and the immediate area. It was stated that officers considered that the existing dwellings on the site meant that an additional one was not justified as essential.

Members of the Committee then had the opportunity to ask technical questions of the officer. Details were sought on the relevant local and national policies for the application.

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 spoke in support of the application.

A debate followed where the need for an additional dwelling was considered, taking into account the difficulties experienced in retaining a worker without a dwelling on site, as well as the possibility of reorganizing the current dwelling arrangements. The sustainability of the expansion of the business to justify permitting an addition dwelling was raised, along with the modest nature of the proposed design.

After debate, it was,

Resolved:

To GRANT planning permission 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 the following approved plan:

113 Drawing 1 received on 1st July 2013.

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

3)    The occupation of the dwelling shall be limited to a person solely or mainly working, or last working, in the locality in agriculture or in forestry, or a widow or widower of such a person, and to any resident dependants.

REASON: The site is in an area where residential development for purposes other than the essential needs of agriculture or forestry is not normally permitted and this permission is only granted on the basis of an essential need for a new dwelling/residential accommodation in this location having been demonstrated.

4)    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.

5)    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:

a) location and current canopy spread of all existing trees and hedgerows on the land;

b) full details of any  ...  view the full minutes text for item 87.

Public Participation

Mr Jocelyn Feilding, Bradford on Avon Preservation Trust.

Mrs Pam Hyde spoke in objection to the application.

Mr Chris Beaver, agent, spoke in support of the application.

Mr Tim Smale, applicant, spoke in support of the application.

Cllr Gwen Allison, Bradford on Avon Town Council, spoke in objection to the application.

The Planning Officer introduced a report which recommended that the application be delegated for approval subject to the completion of a supplemental planning agreement to ensure the residential properties complied with the original s.106 legal agreement. Key issues were stated to include highways and access considerations, the principle of development arising from the change of use from officers to residential units, and the impact upon the immediate area and listed building.

Members of the Committee then had the opportunity to ask technical questions of the officer, during which it was confirmed the original design of previously granted permissions had been for residential use, but that additional conditions had restricted the use to office use only.

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 spoke in objection to the application.

A debate followed, where the difficulty parking for the site was noted, and it was also confirmed the walkway running alongside the site would remain for public use in the event of permission. The reduction in retail space for the town was raised, along with it being noted that a neighbourhood plan for the town was not yet complete. The marketing of the site and the consideration of its viability as commercial space was also assessed.

At the conclusion of debate, it was,

Resolved:

That planning permission be GRANTED at a future date subject to the Area Development Manager being satisfied to the completion of a supplemental planning agreement to ensure the residential properties subject of this permission comply with the original Section 106 Legal Agreement attached to 06/02394/FULES

For the following reason:

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 10026(L)361 C, 3114/P/001 N received on 11th January 2013 and drawing number 8008(l)243_B received on 5th September 2013

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

Informative(s):

1       This permission shall be read in conjunction with a  Supplemental Planning Agreement to the original Section 106 Agreement  made under Section 106 of the Town and Country Planning Act, 1990 and dated ____

Public Participation

Mr Chris Beaver, agent, spoke in support of the application.

Mr Tim Smale, applicant, spoke in support of the application.

Cllr Gwen Allison, Bradford on Avon Town Council, spoke in objection to the application.

The Planning Officer introduced a report which recommended that the application be delegated for approval subject to the completion of a supplemental planning agreement to ensure the residential properties complied with the original s.106 legal agreement. Key issues were stated to include highways and access considerations, the principle of development arising from the change of use from officers to residential units, design issues and impact upon the immediate area and listed building. It was noted there would be a loss of 209m² of commercial space should the application be approved, but that the council’s Economy and Regeneration team were in favour of the application as detailed in the report.

Members of the Committee then had the opportunity to ask technical questions of the officer. Details were sought regarding the proposed floor plan of the building.

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 spoke in objection to the application, but stressed the important of consultation with the town and residents should the Committee approve the application.

A debate followed, where the level of and appropriateness of the marketing for the site for commercial use was assessed, along with consideration of the building’s central and more appealing location as compared to the building under application W/12/02346/FUL, as well as the possibility of improving economic conditions impacting the viability of the site.

It was also noted that parts of the building were already occupied by residential use and that restaurant space was not classified under policies as employment space.

At the conclusion of debate, it was,

Resolved:

That planning permission be GRANTED at a future date subject to the Area Development Manager being satisfied to the completion of a supplemental planning agreement to ensure the residential properties subject of this permission comply with the original Section 106 Legal Agreement attached to 06/02394/FULES

For the following reasons:

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 10026(L)411A, 3114(P)001M received on 11th January 2013 and drawing numbers 10026(L)410D, 8008(l)243_B received on 5th September 2013

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

3       The development hereby permitted shall be carried out in accordance with the noise acoustic  ...  view the full minutes text for item 89.

Councillor Christopher Newbury then left the meeting, with Councillor Roy While in the Chair for the remainder of the meeting.

The Area Development Manager introduced a report which recommended Listed Building Consent be approved. It was noted the consent related to application W/12/02347/FUL, which had already been granted permission, and that there would be no change to the external appearance of the building.

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

There were no public speakers.

It was,

Resolved:

To GRANT Listed Building Consent.

For the following reasons:

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 works for which Listed Building Consent is hereby granted shall be begun before the expiration of three years from the date of this consent.

          REASON:  To comply with the provisions of Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

2       The works hereby permitted shall be carried out in accordance with drawing numbers 10026(L)410 C, 10026(L)411_A, 3114(P)001_M received on 14th January 2013 and drawing number 8008(l)243_B received on 5th September 2013

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

Public Participation

Mr Chris Beaver, agent, spoke in support of the application.

Mr Nick Kirkham, applicant, spoke in support of the application.

Cllr Stephen Siddall, Holt Parish Council, spoke in support of the application.

The Area Development Manager introduced a report which recommended that permission be granted. Key issues were stated to include the principle of the proposed extension to the workhub and formation of a new ancillary car park, encroachment into the open countryside and impact on the Conservation area.

Members then had the opportunity to ask technical questions of the officer. Details were sought about the attenuation pond proposed as part of the landscaping works.

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

A debate followed where the lack of car parking for the expanding commercial area of the site was noted, along with the need to consult with the parish council during the development of any management plans affecting the site.

After debate, it was,

Resolved:

To GRANT planning permission for the following reason:

In accordance with paragraph 187 of the National Planning Policy Framework, Wiltshire Council has worked proactively with the applicant and to secure an acceptable sustainable future for the site as a whole.

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 the following approved plans:

          LOCATION PLAN – Drawing 002 received 07.06.2013

          EXISTING SITE PLAN – Drawing No 003 received 07.06.2013

          EXISTING GROUND FLOOR PLAN – Drawing No – 010 received 07.06.2013

          EXISTING FIRST FLOOR PLAN – Drawing No 011 received 07.06.2013

          EXISTING SECOND FLOOR PLAN – Drawing No 012 received 07.06.2013

          EXISTING ROOF PLAN – Drawing No 013 received 07.06.2013

          PROPOSED DEMOLITION PLAN – Drawing No 015 received 07.06.2013

          EXISTING ELEVATIONS – Drawing No 020 received 07.06.2013

          PROPOSED SITE PLAN – Drawing No 100 received 07.06.2013

          PROPOSED GROUND FLOOR PLAN – Drawing No 101 received 07.06.2013

          PROPOSED FIRST FLOOR PLAN – Drawing No 102 received 07.06.2013

          PROPOSED ROOF PLAN – Drawing No 103 received 07.06.2013

          PROPOSED ELEVATIONS – Drawing no 200 received 07.06.2013

          PROPOSED ELEVATIONS – Drawing No 201 received 07.06.2013

          PROPOSED SECTIONS – Drawing No 300 received 07.06.2013

          PROPOSED MASSING DIAGRAM – Drawing No 700 received 07.06.2013

          PROPOSED MASSING DIAGRAM – Drawing No 701 received 07.06.2013

          PROPOSED MATERIALS – Drawing No 800 received 07.06.2013

          PROPOSED FRONT ELEVATION MONTAGE – Drawing No 801 received 07.06.2013

          FENCE DETAIL PLAN – Drawing No 1081-401-403 received 07.06.2013

          LANDSCAPE MASTERPLAN – Drawing No 1081-002 Rev A received 04.09.2013

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

3       Notwithstanding the detailed findings of the land contamination site investigation undertaken by CJ Associates (which is included within a report dated May 2013),  ...  view the full minutes text for item 91.

Public Participation

Mr Eric Davis, agent, spoke in support of the application.

The Area Development Manager introduced a report which recommended that planning permission be refused. Key issues were stated to include whether the proposals were in accordance with policies on the provision of tourist accommodation outside of town of village policy limits.

Members of 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 Horace Prickett, then spoke in support of the application.

A debate followed, where the impact of the proposed dwellings to replace the existing garage was assessed, along with any precedent from building outside the village policy limits.

After debate, it was,

Resolved:

That planning permission be REFUSED for the following reasons:

1)    The proposed creation of a new building for holiday accommodation would result in unwarranted development encroaching into and harmful to the character and appearance of the open countryside. No exceptional circumstances have been presented which would outweigh the harm associated with the development. The proposals are therefore contrary to policies C1 and TO3 of the West Wiltshire District Plan 1st Alteration (2004) and the emerging Wiltshire Core Strategy and would set an undesirable precedent for future similar development in the countryside that cumulatively would have a significant adverse impact on the character and appearance of the landscape.

2)    The proposal, located outside of village policy limits, is contrary to the National Planning Policy Framework (Section 4 paras 29, 30 & 37) and the emerging Core Strategy for Wiltshire (Policy 60), which seek to reduce the need to travel, influence the rate of traffic growth and reduce the environmental impact of traffic overall in support of sustainable development.

Public Participation

Mr James Collin spoke in support of the application.

Mrs Margaret Field spoke in support of the application.

Mrs Helen Dewick, applicant spoke in support of the application.

The Area Development Manager presented a report which recommended that planning permission be refused. Key issues were stated to include the principle of development within the Green Belt and Area of Outstanding Natural Beauty (AONB), the impact upon the Highway and design issues.

Members of the Committee then had the opportunity to ask technical questions of the officer, where details were sought on the building materials for the proposed Cattery.

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 support of the application.

A debate followed, where the sustainability of the proposal was raised, along with the impact upon highways and neighbouring area, and the former use of the site for long-term material storage and the impact that had had on the Green Belt was noted.

After debate, it was,

Resolved:

To GRANT planning permission, 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 a scheme of landscaping has been submitted to and approved in writing by the Local Planning Authority.  The landscaping shall be carried out in the first planting and seeding season following the bringing into use of the building or the completion of the development, whichever is the sooner within that particular phase; any trees or plants which within a period of five years, die, are removed, or become seriously damaged or diseased, shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the Local Planning Authority.

REASON:

To ensure a satisfactory landscaped setting for the development.

3)    No development shall commence until details of the proposed means of disposal of the waste arising from the use of the site as a cattery have been submitted to and approved in writing by the local planning authority. The waste shall be disposed of in accordance with the approved details.

REASON:

In the interests of amenity

4)    The building shall be used solely for the purposes of a cattery and for no other purpose without the prior grant of planning permission from the local planning authority. If the building ceases to be used as a cattery, it shall be demolished and the resulting materials removed from the site within six months of its use ceasing.

REASON:

The site lies within the Green Belt where new buildings are not normally permitted. However, an exception has been made in this case because of the economic benefits of the new  ...  view the full minutes text for item 93.

Public Participation

Mr Mark Willis, agent, spoke in support of the application.

The Area Development Manager presented a report which recommended the application be refused permission. Key issues were stated to include the impact upon neighbouring amenity and the Green Belt.

Members of 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 Helen Osborn, then detailed the local issues and how she had called in the application to permit the applicant the chance to speak to the Committee directly.

A debate followed, where the scale of previously granted extensions was raised, along with the impact from additional expansion and its location within the Green Belt.

After discussion, it was,

Resolved:

That planning permission be REFUSED for the following reason:

The proposed extensions, particularly those to the first floor, represent a disproportionate addition when compared to the size of the original building.  Having regard to Section 9 Paragraphs 87 and 89 of the National Planning Policy Framework the proposal results in inappropriate development within the Green Belt which is by definition harmful and in conflict with national planning policy.

The Area Development Manager introduced a report which recommended permission be granted. Key issues were stated to include the impact on neighbour amenity, design and highways considerations.

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

Due to a medical emergency among a member of the public in attendance, the meeting was then closed at 2220 prior to determination of the application.