Agenda and minutes

To note any apologies for absence for the meeting.

Apologies for absence were received from Cllr Jonathon Seed, who was substituted by Cllr Graham Payne.

To approve the minutes of the last meeting held on 6 November 2013 (copy attached.)

The minutes of the meeting held on Wednesday 6 November 2013, were presented.

Resolved:

To approve and sign the minutes of the meeting held on Wednesday 6 November 2013 as a true and accurate record.

To receive any announcements through the Chairman.

There were no Chairman’s Announcements.

Details of the exits to be used in the event of an emergency were explained to the public.

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

There were no declarations of interest to note.

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 20 November 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 had been submitted from Cllr Trevor Carbin in relation to policy surrounding contributions made to the Wiltshire Fire and Rescue Service.

A response to the question from the Area Development Manager was noted at the meeting. Details of the full response are attached to the minutes online.

The Chairman welcomed all present, and explained the rules of public participation, in particular noting the procedure to be followed at the meeting.

To consider and determine the following planning applications:

Public Participation:

Mr Peter Gist spoke in objection to the application.

Cllr Sue Fraser spoke in objection to the application on behalf of Warminster Town Council.

Cllr Ridout spoke on behalf of Cllr Humphries, and in objection to the application.

The Area Development Manager outlined the report which recommended the application be granted planning permission. The main areas for consideration were summarised as being West Wiltshire District Plan 1^st alteration- policy C31a (design) and C38 Nuisance. These were summarised as being the impact of the Design on the neighbouring area and any potential nuisance caused as a result of the development. The Area Development Manager confirmed that members had attended a site visit for the application as instructed at the previous Western Area Planning Committee (6 November 2013).

Members of the Committee were then given the opportunity to ask technical questions of the Area Development Manager, to which there were none.

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

Members of the Committee then entered into a debate, which included a discussion regarding the size and position of the extension. Members then debated the addition of a condition to obscure the east facing windows. Members debated the impact of the development on neighbouring properties.

It was;

Resolved;

To GRANT planning permission to the application 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 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.

3.     The first floor windows in the southern elevation serving a bathroom and the bottom and 1^st floor windows situated on the east elevation in the extension shall be obscured glazed, and fixed shut, prior to the first occupation of the extension hereby permitted and shall be so maintained in perpetuity.

REASON:  In the interests of residential amenity and privacy.

4.     The development hereby permitted shall be carried out in accordance with the following approved plans: PL01 E, PL02 E, PL03 E, PL04 E, PL05 E received on 27.08.2013

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

INFORMATIVE:

1.     The applicant is advised of the following information from Wessex Water:

Separate systems of drainage will be required to serve the proposed development. No surface water connections will be permitted to the foul sewer system. Sewers can be located within property boundaries at the rear or side of any premises in addition to the existing public sewers shown on our record plans. They will commonly be affected by development proposals and  ...  view the full minutes text for item 114.

Public Participation:

Angus MacDonald, applicant, spoke in support of the application.

Cllr Francis Morland, Heywood Parish Council, spoke in objection to the application.

The Area Team Leader outlined the report which recommended the application be granted planning permission. Key considerations for the Committee were noted as being; the archaeological and ecological impact, the impact on Heywood House and the White Horse as a heritage asset, the impact on rural surroundings and any potential flood risk posed by the application. 

Members of the Committee were then given the opportunity to ask technical questions of the officer. This included a question from Cllr Carbin regarding safeguarding the bypass route in the application, following the planning inspectorate previous refusal of the plans. It was confirmed that this adopted policy had been carried over to the emerging core strategy.

The Committee questioned the diversion for the rights of way through the sites and if they would be kept open. It was confirmed that the plans included mitigating strategies to keep both rights of way access’ through the site, open. A question was then asked regarding noise from the transformers that would be installed on the site and questioned what impact this would have on footpath users. It was confirmed that the noise of the transformers would not be audible from the path, and that this had been tested and confirmed at the Marsh Farm site. A question was then asked regarding the load factor of the panels to be used at the site. The Area Team Leader was unable to respond to the question. The Applicant confirmed in his submission to the Committee (below) that the panels had a load factor of around 15%. Cllr Newbury questioned the officer recommended condition 11, and it was confirmed that it was the same condition included on the Marsh Farm application. Members questioned the ability for the site to be used in a dual capacity and questioned the allocated size for the bypass on the site. The Area Development Manager confirmed that the allocated space for the bypass was sufficient and that the plans for the site to used for grazing sheep was legitimately feasible.

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

Members then entered into debate where a discussion was held regarding the discussions between Westbury Town and Heywood Parish Council, and the developer.

It was;

Resolved:

To GRANT planning permission for the applications 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 solar installation hereby granted shall be removed from the site, together with all supporting/associated infrastructure including the inverter stations, CCTV thermal imaging equipment, poles and DNO switch gear, and the land shall be restored to  ...  view the full minutes text for item 115.

Public Participation

Mr John Braddell, applicant, spoke in support of the application.

Cllr Sue Fraser spoke in support of the application on behalf of Warminster Town Council.

The Area Development Manager outlined the report which recommended the application be granted planning permission. Key considerations of the committee were noted as being; West Wiltshire District Plan 1^st Alteration (2004) C31a – Design, C38 – Nuisance, E5 – Loss of employment floor space, H1 – Further Housing Development within towns, and T10 Car parking.

Members were then given the opportunity to ask technical questions of the application, to which there were none.

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

Members of the Committee then entered into a debate which centred around the loss of employment space in the workshop area. Members also discussed access to the neighbouring properties which was located adjacent to the building and would prove restrictive for large delivery vehicles and vans if windows were allowed to open widely. Members also raised concern over the workshop space, and the impact on the residential part of the building should the two contain separate users. Members debated a condition to fix the workshop to the residential occupier.

It was;

Resolved:

To GRANT planning permission for the application 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.

3.     The roof-lights to the east facing elevation shall be obscure glazed for the lifetime of the development

          REASON:  In the interests of residential amenity and privacy.

4.     No part of the development hereby permitted shall be first occupied until the access, turning area and parking spaces have been completed in accordance with the details shown on the approved plans. The areas shall be maintained for those purposes at all times thereafter.

          REASON: In the interest of highway safety

5.     The development hereby permitted shall not be first occupied until the first five metres of the site access, measured from the edge of the access track (Public Footpath 92), 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.

6.     No development shall commence on site until a scheme for the discharge of surface water from the site (including surface water from the access/parking/ turning area), incorporating sustainable drainage details, has been  ...  view the full minutes text for item 116.

Public Participation

Mr Gary Bourne spoke in objection to the application.

Mr Ray Taylor spoke in objection to the application.

Ms J. Chaundy spoke in objection to the application.

Mr Richard Robins spoke in support of the application.

Cllr Sue Fraser spoke in objection to the application on behalf of Warminster Town Council.

The Area Development Manager outlined the report which recommended the application be granted planning permission subject to the satisfactory completion of a variation to a s106 agreement.

The key areas of consideration were said to be West Wiltshire District Plan (WWDP) H1 - Town Policy, H24 – New Housing Design, C31a - Design and C38 – Nuisance. The impact on neighbour amenity was stated as a key consideration for the Committee; however this issue had been previously addressed by the planning inspectorate, following an appeal of a previous application.

Members were given an opportunity to ask technical questions of the application, to which there were none.

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

Members then entered into debate where a discussion was held regarding the impact on neighbour amenity. The size and scale of the property was said to be in conflict with WWDP, policy C38.

It was;

Resolved:

To REFUSE the application for the following reasons.

The proposed development on plot 1, by reason of its siting and the consequent scale and proximity to the adjacent house on plot 12C of the proposed external wall facing 12C, would have an overbearing and unacceptable impact on the amenity of the occupiers of the dwelling on plot 12C. This would conflict with policy C38 of the West Wiltshire District Plan.