Agenda and minutes

Western Area Planning Committee - Wednesday 8 April 2015 3.00 pm

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

Contact: Will Oulton  (Senior Democratic Services Officer)

Items
No. Item

32.

Apologies for Absence

To receive any apologies or substitutions for the meeting.

Minutes:

An apology for absence was received from Councillor Horace Prickett who was substituted for the duration of the meeting by Councillor Fleur de Rhé-Philipe.

33.

Minutes of the Previous Meeting

To approve and sign as a correct record the minutes of the meeting held on 25 February 2015.

Supporting documents:

Minutes:

The minutes of the meeting held on 25 February 2015 were presented.

 

Resolved:

 

To approve as a correct record and sign the minutes of the meeting held on 25 February 2015.

 

 

34.

Chairman's Announcements

To receive any announcements through the Chair.

Minutes:

The Chairman gave details of the exits to be used in the event of an emergency.

35.

Declarations of Interest

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

Minutes:

Councillor Ernie Clark stated that when application 15/00661/FUL was considered by Hilperton Parish Council, he had abstained from a vote. He confirmed that he would consider the matter at this meeting with an open mind.

 

Councillor Jonathon Seed stated that he had recently been appointed as the Cabinet Member for Housing. This role, in his opinion, did not prevent him from considering individual applications on their merits.

 

Councillor Magnus MacDonald stated that he had registered a pecuniary interest in relation to item 6 b – 15/00420/FUL, and would not take part in the deliberations of that item.

36.

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 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 1st April 2015.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.

 

37.

14/11851/OUT - Kingsdown Farm, Lords Hill, Longbridge Deverill, Warminster, BA12 7DY

Supporting documents:

Minutes:

Public participation:

 

Mr Payne spoke in support of the application.

Cllr Ian Bell, of Longbridge Deverill Parish Council, spoke in relation to the application.

 

Councillor Fleur De Rhe Phillipe spoke as the local member.

 

The Senior Planning Officer outlined the report which recommended that 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 proposed application and that the site is within an Area of Outstanding Natural Beauty (AONB); the impact of the proposals on the landscape; the existing vegetation on the site; the views of the agricultural consultant regarding the need for the dwelling; the topography of the site; and the views of the AONB team.

 

Councillor Trevor Carbin proposed and Councillor Magnus MacDonald seconded that the permission should be granted in line with the officers recommendations.

 

At the end of the debate the meeting;

Resolved to approve permission subject to the following conditions:

1.

The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

 

REASON:  To comply with the provisions of Section 92 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

 

2.

An application for the approval of all of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

 

REASON:  To comply with the provisions of Section 92 of the Town and Country Planning Act 1990.

 

3.

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.

 

4.

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

 

Drawing: Site Location Plan received on 12 December 2014; and

Drawing: Proposals Plan and Cross Sections received on 12 December 2014 (in respect of red-outline site plan) Read together with any plans subsequently approved under and Application for the Approval of Reserved Matters.

 

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

 

5.

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  ...  view the full minutes text for item 37.

38.

15/00420/FUL - 68 Berryfield Park, Melksham, SN12 6EE

Supporting documents:

Minutes:

Public participation:

 

Mr Walsh spoke in support of the application.

 

The Senior Planning Officer outlined the report which recommended that the application for approval subject to conditions, including the proposal for an additional condition addressing the concerns of the parish council regarding construction methodology and traffic management.

 

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

 

Councillor Roy While spoke as a local member.

 

Issues discussed in the course of the debate included: The siting of the application; the impact of the proposals on the amenity of local residents; the views of the ecological officer; the designation of the locality as a small village and the context of the local plan; the views of the local resident and the concerns over the loss of open space.

 

Following consultation with the officers, it was proposed that, should the application be granted, condition 10 should be amended to provide protection to the areas designated for open space within the proposals.

 

Councillor Ernie Clark proposed and Councillor Chris Newbury seconded that the permission should be granted in line with the additional recommendations.

 

At the end of the debate the meeting;

 

Resolved to approve permission subject to the following amended 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.          Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting or amending those Orders with or without modification), no development within Part 1, Classes A, B, C, E, F and Part 2, Class A shall take place on the dwellinghouses hereby permitted or within their curtilage.

 

REASON:  In the interests of the amenity of the area and to enable the Local Planning Authority to consider individually whether planning permission should be granted for additions, extensions or enlargements; and in the interests of creating a sustainable form of development that will not have a detrimental impact on the surface water drainage and flooding within the area.

 

4.          The development hereby permitted shall be carried out in complete accordance with the Flood Risk Assessment prepared by Barnaby Associates (Revision 1 dated 14th January 2015). Finished floor levels shall be set no lower than 36.0m above Ordnance Datum (AOD). The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme.

 

REASON: In order to reduce the risk  ...  view the full minutes text for item 38.

39.

15/00661/FUL - Whaddon, Hilperton, Trowbridge Wiltshire BA14 6NR

Supporting documents:

Minutes:

Public participation:

 

Ms Fisher and Mr Brackenbury spoke in objection to the application.

Mr Pearce spoke in support of the application.

 

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

 

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

 

Councillor Clark spoke as the local member.

 

Issues discussed in the course of the debate included: the views of the Highways and Environmental Health Officers; the planning history on the site; how conditions could be used control use on the site; the layout and proposed uses for the proposals; and the views of the local community regarding highways and environmental issues.

 

Councillor Ernie Clark proposed and Councillor Trevor Carbin seconded that consideration of the application be deferred to enable a site visit to be arranged.

 

The proposal was debated and, being put to the vote, was lost.

 

Councillor Andrew Davis proposed and Councillor Magnus MacDonald seconded that the proposal be granted subject to the conditions set out in the report.

 

At the end of the debate the meeting;

 

Resolved to approve 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 plans: LDC.1754_005A, LDC.1754_007, LDC.1754_001

 

     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) (England) Order 2015 (or any Order revoking or re-enacting or amending that Order with or without modification), there shall be no additions / extensions / external alterations to any building forming part of the development hereby permitted and no plant or machinery shall be installed outside any such building on the site on the approved plans.

 

REASON:  In the interests of the amenity of the area and to enable the Local Planning Authority to consider individually whether planning permission should be granted for additions/extensions or external alterations, or the installation of any outdoor plant/machinery.

 

4.     No materials, goods, plant, machinery, equipment, finished or unfinished products/parts of any description, skips, crates, containers, waste or any other item whatsoever shall be placed, stacked, deposited or stored outside any building on the site, and no outside burning of materials or waste shall take place at the site.

 

REASON:  In the interests of the appearance of the site and the amenities of the area.

 

5.     No industrial processes, plant or machinery shall be carried out/installed outside any building on the site.

 

REASON:  In the interests of the appearance of the site and the amenities of the area.

 

6.     The use hereby permitted shall only take place between the hours of 07:30 in the morning and 18:00 in the evening from Mondays to Fridays  ...  view the full minutes text for item 39.

40.

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.