Agenda and minutes

Western Area Planning Committee - Wednesday 9 April 2014 6.00 pm

Venue: Council Chamber - County Hall, Bythesea Road, Trowbridge, BA14 8JN. View directions

Contact: Kieran Elliott  Senior Democratic Services Officer

Items
No. Item

27.

Apologies for Absence

To note any apologies for the meeting.

Minutes:

An apology for absence was received from Councillor Russell Hawker, who was substituted by Councillor Terry Chivers.

28.

Minutes of the Previous Meeting

To approve the minutes of the last meeting held on     19 March 2014 (copy attached.)

 

Supporting documents:

Minutes:

The minutes of the meeting held on 19 March 2014  were presented for consideration, and it was,

 

Resolved:

 

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

29.

Chairman's Announcements

To note any announcements through the Chairman.

Minutes:

There were no announcements.

30.

Declarations of Interest

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

 

Minutes:

There were no declarations.

31.

Public Participation and Councillors' Questions

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 2 April 2014. 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.

Minutes:

No questions had been received from councillors or members of the public.

 

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

 

32.

Planning Applications

To consider and determine the following planning applications:

Minutes:

The Committee considered the following applications:

 

33.

14/00096/FUL - 145 Chantry Gardens, Southwick, Trowbridge, BA14 9QP

Supporting documents:

Minutes:

Public Participation

Mr Roger Boor, applicant, spoke in support of the application.

Mr Francis Morland, on behalf of Southwick Parish Council, spoke in objection to the application.

 

The Area Team Leader presented a report which recommended that the application be approved. The application was a revision of a previously refused application, and the key issue was therefore stated to be whether the revisions overcome the previous reasons for refusal, while taking into account the judgements from a previous successful appeal decision from 2008 for four one bedroom flats on the site.

 

A site visit had taken place prior to the meeting, as agreed by the Committee at its meeting on 19 March 2014.

 

Members of the Committee then had the opportunity to ask technical questions of the officer, and sought details of the entrances and exits of the proposed properties, and whether Highways considerations required an appropriate turning circle for vehicles on the site. It was noted that Highways officers had raised no objections following consideration of previously permitted developments on the site.

 

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

 

The Local Member, Councillor Horace Prickett, then detailed the reasons he had called the item in for determination by the Committee, as laid out in the report papers.

 

A debate followed, where members discussed if the amenity areas for the proposed dwellings were sufficient, and whether the provision for parking was suitable.

 

At the conclusion of debate, it was,

 

Resolved:

 

That Planning Permission be APPROVED 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

No part of the development hereby permitted shall be occupied until the access 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 interests of highway safety.

4

No development shall commence on site until a scheme for the discharge of surface water from the site (including surface water from the access/driveway), incorporating sustainable drainage details, has been submitted to and approved in writing by the Local Planning Authority. The new dwelling shall not be occupied until surface water drainage has been constructed in accordance with the approved scheme.

 

REASON: To ensure that the development can be adequately drained.

5

Details of the cycle storage facilities shall  ...  view the full minutes text for item 33.

34.

14/01695/FUL - Former Depot, Frome Road, Bradford on Avon, BA15 1LE

Supporting documents:

Minutes:

Public Participation

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

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

 

The Area Team Leader presented a report which recommended that the application be delegated to the Area Development Manager to approve permission, subject to the signing of a legal agreement to secure appropriate financial contributions as detailed in the report. The application formed part of a site which has extant permission for four houses, and would add an additional four flats in place of additional extant permission for workshop and office accommodation.

 

Key issues were stated to include the loss of employment space and parking considerations. Attention was drawn to the marketing exercise undertaken at the instigation of the applicants to establish the level of interest in retaining the site for mixed residential and business use.

 

Members of the Committee then had the opportunity to ask technical questions of the officer, where it was confirmed the proposals allocated one visitor space for the eight dwellings that would have permission on the site should the additional four be approved, along with the parking provided for the residents. Members also discussed the possibility of seeking a financial contribution as requested by the Wiltshire Fire and Rescue Service, and it was stated that due to the lack of a locally saved planning policy or the implementation of the Community Infrastructure Levy, officers were currently unable to include the requests from the Fire Service within the Heads of Terms for the securing of a legal agreement.

 

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

 

Councillor Magnus Macdonald, a Local Member for the Bradford on Avon area, then spoke in objection to the application.

 

A debate followed, where members discussed whether the marketing of the site for mixed use had been sufficient, highlighting the high footfall of the area due to being close to the popular canal and the lack of visitor parking on the site and potential difficulties parking in the surrounding area was discussed.

 

Members also discussed whether, should the application be approved, whether it would be possible to include the Fire and Rescue Service financial obligation request.  Whilst the planning officer advised that such a request failed to satisfy the essential planning obligation tests, during the discussions, it was raised that in the Salisbury Plan Area, such requests had been sought, and given such inconsistency members agreed that further clarification was necessary for the County as a whole, and to consider the impact on future delegated and committee determined applications.

 

At the conclusion of debate, it was,

 

Resolved:

To delegate authority to the Area Development Manager to GRANT planning permission subject to a legal agreement to secure the following against planning references 14/01695/FUL and 08/00754/FUL:

 

i) a financial contribution towards the provision of secondary school places totalling £38,168 which would be index linked;

ii) a financial contribution towards the provision of primary school places totalling £33,536 which would be  ...  view the full minutes text for item 34.

35.

Urgent Items

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

 

Minutes:

There were no Urgent Items.