Agenda and minutes

To receive any apologies or substitutions for the meeting.

Apologies for absence were received from Councillor Horace Prickett who was substituted by Councillor Jerry Wickham for this meeting only.

To approve and sign as a correct record the minutes of the meeting held on 26 November 2014.

The minutes of the meeting held on 26 November 2014  were presented.

Resolved:

To approve as a correct record and sign the minutes of the meeting held on 26 November 2014.

To receive any announcements through the Chair.

There were no Chairman’s Announcements.

The Chairman 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.

There were no declarations of interest.

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 2.50pm 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 (acting on behalf of the Corporate Director) no later than 5pm on Wednesday 10 December 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

Councillor Ernie Clark asked, in supplement to his question circulated in advance of the meeting, the following question:

Accepting that the answer supplied is correct, why did WCC Highways Department not raise this issue with WWDC before the conditions for this application were published eight years ago?  Furthermore, why did WC Highway officers hold consultations with myself and Cllr. Oldrieve if Highways had predetermined their opinion on this matter?

As there was not an appropriate officer in attendance to respond to the supplementary question, the Chair asked that a written response be requested.

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

The Committee considered the following application:

Public participation:

Francis Morland spoke in objection to the application.

Phil Smith spoke in support of the application

Phil Jefferson spoke on behalf of Chapmanslade Parish Council.

The Right of Way Officer presented the report which outlined the recommendation. The officer was asked to outline the cost of dealing with a modification order, once an objection had been received. It was agreed that a written response would be given. Issues discussed in the course of the debate included: the cost of and the liability for the maintenance of the bridge;  the impact of the proposals on the land owner and users of the right of way; and the level of public support for the proposals.

Members of the public were invited to speak on the application as listed above.

A motion was put forward to move the officer’s recommendation as set out in the report.

Resolved:

That “The Wiltshire Council Chapmanslade 12 (part) Diversion Order and Definitive Map and Statement Modification Order 2014”, be forwarded to the Secretary of State for the Environment, Food and Rural Affairs for determination, with a recommendation from Wiltshire Council that the Order be confirmed without modification.

Reasons for Decision:

Despite the objections received it is considered, for the reasons given at part 18 of the decision report (Appendix C), that “The Wiltshire Council Chapmanslade 12 (part) Diversion Order and Definitive Map and Statement Modification Order 2014” continues to meet the legal tests for the making of a Diversion Order under Section 119 of the Highways Act 1980.

Additionally, the legal tests for the confirmation of a Public Path Diversion Order, as set out under Section 119 of the Highways Act 1980, appear capable of being satisfied and no new evidence has been submitted during the formal objection period which would lead Wiltshire Council to no longer support the making of the Order.

To consider and determine the following planning applications:

The Committee considered the following application:

Nigel Brown, Ian Buick and Charles Thackway spoke in objection to the application.

Derek Tanswell and Edward Drew spoke in support of the application.

Phil Jefferson spoke on behalf of Chapmanslade Parish Council.

The Senior Planning Officer outlined the report which recommended the application for approval subject to conditions.

Members of the public were invited to speak on the application as listed above.

Issues discussed in the course of the debate included: the location of the building; the impact on the local landscape; the needs of the specific livestock business; and the temporary nature of the proposed permission.

Resolved

That consideration of the application be deferred to allow further information to be submitted to the Committee.

Reason for Decision: to gather more information to aid the Committee in their consideration of the matter.

To provide an update on the outcomes of decisions made by the Planning Inspectorate on appeals in the area covered by the Western Area Planning Committee in 2014.

The Planning Appeals Update Report for 2014 was received. The Chair asked that information pertaining to West Wiltshire area applications considered by the Strategic Planning Committee be included in future reports; and that officers consider how best to present the information in light of the comments received.

Resolved:

To note the Planning Appeals Update Report for 2014.

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