Agenda and minutes

Western Area Planning Committee - Wednesday 14 October 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

86.

Apologies for Absence

To receive any apologies or substitutions for the meeting.

Minutes:

Apologies for absence were received from Committee Members Cllr Horace Prickett and Cllr Dennis Drewett.

 

The meeting also noted the Cllr Jon Hubbard had stated that he was unable to attend as a local member, due to another Council Commitment.

87.

Minutes of the Previous Meeting

To approve and sign as a correct record the minutes of the meeting held on 12 August 2015.

Supporting documents:

Minutes:

The minutes of the meeting held on 12 August 2015 were presented.

 

Resolved:

 

To approve as a correct record and sign the minutes of the meeting held on 12 August 2015.

 

 

88.

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.

89.

Declarations of Interest

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

Minutes:

Councillor Magnus MacDonald, in relation to application 6 d – 15/05061/FUL, that as had known the objectors to the application for a long time, he would speak as the local member to the application but would not take part in the debate or vote.

90.

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 7 October 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.

Supporting documents:

Minutes:

The Committee noted that a question regarding fracking had been submitted by Cllr Trevor Carbin had been submitted, but that the response had not yet been finalised. The Chairman apologised for the delay and asked that officers circulate the question and response once it had been circulated.

 

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

 

91.

Planning Applications

To consider and determine the following planning applications:

Minutes:

The Committee considered the following applications:

 

92.

15/05186/FUL - The Long Barn, Cumberwell

Supporting documents:

Minutes:

The Committee noted that the application had been withdrawn and therefore would not be considered at this meeting.

 

In response to a question raised by Cllr Trevor Carbin, the Area Team Leader stated that he understood that the applicant planned to resubmit an application; however, in recognition that the application was retrospective, officers shall keep the local ward member fully informed after further liaison with the Council’s enforcement planning team and the applicant.

93.

15/05079/FUL - Withleigh, Melksham

Supporting documents:

Minutes:

The Senior Planning Officer outlined the report that recommended that the application be approved with conditions.

 

Brian Inns and Doug Tuckerman spoke in objection to the application; and David William spoke in support of the application.

 

Cllr Jonathon Seed spoke on behalf of the local member Cllr Jon Hubbard.

 

Issues discussed in the course of the presentation and debate included: the location of the proposed development and the size and elevation of the proposed building; the setting of the proposal and its proximity to the conservation area and other listed buildings; the impact of the proposals on the trees and landscaping on the site; the impact of the proposals on the neighbouring properties, and the distance of the proposals from neighbouring properties; the car parking spaces proposed and the views of the highway officers.

 

In questioning the Senior Planning Officer, the Committee sought clarity on the proposed allocation of funding arising from the draft s106 agreement, the impact of the cost of the new crossing on the affordable housing contribution; and the officer’s view that a condition on the permission may not be considered reasonable.

 

Having been put to the vote, the meeting;

 

Resolved that the Area Development Manager be authorised to grant planning permission, subject to the conditions set out below, on prior completion of a Section 106 legal agreement for bus stops, a pedestrian crossing and off site affordable housing contribution.

 

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)      A written programme of archaeological investigation, which should include on-site work and off-site work such as the analysis, publishing and archiving of the results, has been submitted to and approved by the Local Planning Authority; and

b)      The approved programme of archaeological work has been carried out in accordance with the approved details.

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to enable the recording of any matters of archaeological interest.

 

 

3

No development shall commence on site until an investigation of the history and current condition of the site to determine the likelihood of the existence of contamination arising from previous uses has been carried out and all of the following steps have been complied with to the satisfaction of the Local Planning Authority: 

 

Step (i)            A written report has been submitted to and approved by the Local Planning Authority which shall include details of the previous uses of the site for at least the last 100 years and a description of the current condition of the site with regard to  ...  view the full minutes text for item 93.

94.

15/06732/FUL - 63 Shaw Road, Melksham

Supporting documents:

Minutes:

The Senior Planning Officer outlined the report that recommended that the

application be approved with conditions.

 

Jon Newsam spoke in objection to the application; and Mark Hallett spoke in support of the application.

 

Issues discussed in the course of the presentation and debate included: the access to the site for development, and the views of the highways officer; the planning history and the previously approved applications; the materials of the scheme; the elevation of the proposals; the similarities and difference between the approved scheme and the proposals; the impact of the proposals on the landscaping; the views of the neighbours; and the impact of the ownership of the lane on potential and proposed conditions.

 

Cllr Trevor Carbin proposed, subsequently seconded by Cllr Andrew Davis, that the Committee should approve the application as per the officer’s

recommendation detailed in the report.

 

In questioning the Legal Services representative, the Committee sought clarity on the relevance of recent case law regarding planning permissions and the Council’s duty of care.

 

Having been put to the vote, the meeting;

 

Resolved, unanimously, to grant 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

All soft landscaping shown on Drawing Numbers A26 and TS1/A28 received by the Local Planning Authority on 8th July 2015 shall be carried out in the first planting and seeding season following the first occupation of the building(s) or the completion of the development whichever is the sooner;  All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. 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.  All hard landscaping shall also be carried out in accordance with Drawing Numbers A26 and TS1/A28 received by the Local Planning Authority on 8th July 2015 prior to the occupation of any part of the development or in accordance with a programme to be agreed in writing with the Local Planning Authority.

 

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

3

No demolition, site clearance or development shall commence on site, and; no equipment, machinery or materials shall be brought on to site for the purpose of development, until the tree protection barrier shown on drawing TS1/A28 received by the Local Planning Authority on 8th July 2015 has been erected. The protective fencing shall remain in place for the entire development phase and until all equipment, machinery and surplus materials have been removed from the site. Such fencing shall not be removed  ...  view the full minutes text for item 94.

95.

15/05061/FUL - 209 Conkwell

Supporting documents:

Minutes:

The Senior Planning Officer outlined the report that recommended that the

application be approved with conditions.

 

Stephanie Laslett spoke in objection to the application; and Martin Hunn, Richard Wheeler and Rebecca Wheeler spoke in support of the application.

 

Councillor Magnus MacDonald spoke as the local member.

 

Issues discussed in the course of the presentation and debate included: the views of the Parish Council; the position of the neighbours window in relation to the proposals; and the layout of the site and the position of the building to the streetscene.

 

Cllr Andrew Davis proposed, subsequently seconded by Cllr Roy While that the Committee should approve the application as per the officer’s

recommendation detailed in the report.

 

Having been put to the vote, the meeting;

 

Resolved, to grant 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 approved shall be carried out in accordance with the materials submitted in section 10 of the application form received 22.05.2015.

 

REASON: In the interest of preserving the character and appearance of the area.

3

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

Drg. No 101 Rev A received 29.05.2015 and Drg. No 201 Rev C received 29.05.2015

 

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

Admin Note: In accordance with his interest declared earlier in the meeting, Cllr Magnus MacDonald spoke as the local member, but did not take part in the debate or vote on the matter.

 

96.

Planning Appeals Update Report

To receive details of appeal decisions and appeals pending.

Supporting documents:

Minutes:

The Area Team Leader presented the Planning Appeals Update Report.

 

Issues discussed in the course of the debate included: whether more information should be required; the impact of such requests on officer’s workloads; and how the report could be used to inform future consideration of applications.

 

Resolved

 

1.    To note the Planning Appeals Update Report; and

 

2.    Requested that future updates be presented quarterly with additional information to enable the Committee to see the original date of the application decision; what the officer’s recommendation was; to include a section on any costs being applied for or being awarded; and to provide a summary of lessons learnt and also cover any Judicial Reviews in that period.

97.

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.