Agenda and minutes

To receive any apologies or substitutions for the meeting.

Apologies for absence were received from Cllr Horace Prickett (replaced only for this meeting by Cllr Jerry Wickham)

To approve and sign as a correct record the minutes of the meeting held on 14 October 2015.

The minutes of the meeting held on 14 October 2015 were presented. The Democratic Services manager drew the committee's attention to the following amendmentrequired to the minutes from those published with the agenda

Minute No. 93 –15/05079/FUL - Withleigh, Melksham

To insert the following at the start of the resolution which had been inadvertently missed off:

‘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’.

And after discussion the chairman proposed the deletion of the following paragraph::

‘Cllr Jonathon Seed proposed, subsequently seconded by Cllr Pip Ridout, that

the Committee should approve the application as per the officer’s

recommendation detailed in the report, with the request from the Committee

that a signal controlled crossing point between the new development at

Withleigh and the existing Wharf Court on the other side of the road’.

The above mentioned amendment having been moved and seconded, it was

Resolved:

To approve the minutes of the meeting held on 14 October 2015 as a correct record subject to the amendments detailed above.

To receive any announcements through the Chair.

There were no announcements.

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

Although not a disclosable pecuniary interest, Councillor Jonathon Seed wished it to be known that he knew the applicant’s late husband and therefore knew the applicant by association, in relation to application 6c 15/05656/FUL - Brook Hall Farm, Wood Road, North Bradley, although it was noted that he had not seen the applicant for some 5 years.

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 18 November 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.

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

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

Councillor Jon Hubbard explained that for the committee’s consideration of application referenced 15/05079/FUL, at its meeting on 14 October, 2015, he had provided a written submission to Democratic Services for onward circulation to the Committee. He wished to record that he was extremely concerned and disappointed that his request had not been actioned. The Democratic Governance Manager apologised to Councillor Hubbard for this omission.

To consider and determine the following planning applications:

The Planning Team Leader outlined the report that recommended that the

application be approved with conditions.

Mr. Doug Tuckerman spoke in objection to the application and Mr. David William spoke in support of the application as the agent for the applicant.

Cllr Jon Hubbard spoke as the local member.

Issues discussed in the course of the presentation and debate included: the size and scale of the development with particular reference to the 3 storey building and whether a 2 storey would be more acceptable; the location of walls within the proposed development and their potential impact on neighbours; vehicular access to the site and the provision of parking spaces; the options for traffic calming and layout to have a positive impact on road safety.

Cllr While proposed that planning permission be approved in accordance with the Officer’s recommendation subject to an additional requirement for the widening of the central splitter for which an additional financial contribution of £6,000 towards the costs would be required in the section 106 agreement and this was duly seconded by Cllr Pip Ridout.

In questioning the Team Leader, the committee sought clarification on why the application had been brought back to the committee.  The Highway Officer was also called in to explain the basis on which the requirement of 50 pedestrians per hour over a peak period of 4 hours was arrived at as a criterion for setting up a pedestrian crossing. He explained in detail how putting a pedestrian crossing in the area under discussion would not be in line with Wiltshire Council policy and was not achievable.

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 and off site affordable housing contribution.

The Planning Team Leader outlined the report that recommended that the application be approved with conditions.

Mrs. Esther Harris, Mr. Mike Wilson, Mr. John Grose and Cllr Gwen Allison from Bradford on Avon Town Council spoke in objection. Ms. Liz Dawe, the applicant, spoke in support of the application.

Cllr Ian Thorn spoke as the local member.

Issues discussed in the course of the presentation and debate included: The relevance of land covenants to planning applications. The Legal Officer explained that the discharge of private covenants were outside of the planning process.

Cllr Pip Ridout moved that planning permission be granted in accordance with the Officer’s recommendation and this was duly seconded by Cllr Ernie Clark.

In questioning the Planning Team Leader, the committee requested that future reports on planning applications include information on whether or not the Council was party to any relevant covenants.  Whilst accepting that covenants were outside the planning process, it would enable the Committee to ensure the appropriate Council department was made aware to carry out any necessary follow up action.

The Chairman requested that clarification concerning the covenant attached to the dwelling the subject of this planning application be circulated to all members, substitute members and local member.

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           Pile and beam foundations should be used for the foundations of the proposed wall to prevent future pressure on the wall. Details of which should be submitted to the Local Planning Authority in writing prior to any works commencing on site.

REASON: To prevent future pressure on the wall

3           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.

4           No root pruning shall be carried out until a site meeting has been arranged and has arranged by the applicant, their appointed arboricultural consultant and a representative from the Local Planning Authority (LPA) to discuss details of the working procedures and that meeting has taken place with the Local Planning Authority in attendance. Any approved works shall subsequently be carried out under strict supervision by the LPA immediately following that approval.

REASON: In order that the Local Planning Authority may be satisfied that the trees to be retained on-site will not be damaged and to ensure that as far as possible the work is carried out in accordance with current best practice

5           The applicant should note that the work hereby permitted  should  be carried out in accordance with good practice as set  ...  view the full minutes text for item 105.

The Senior Planning Officer outlined the report that recommended that the

application be approved with conditions.

Mr Chris Bale, the applicant spoke in support of the application.

Cllr Francis Morland of Heywood Parish Council and Mr Evans spoke in objection to the application.

Cllr Jerry Wickham spoke as the local member.

Issues discussed in the course of the presentation and debate included: noting that the whole size of the development had been significantly scaled down in response to initial concerns raised; identifying the need to have a written update on solar developments in West Wiltshire and a request for the information to be circulated among members. A query was raised about the use of diesel generators on solar developments and whether this was allowed. A view of the full landscape of the area was discussed with comment on the relevant impact on the surrounding area and how the quality of the soil was very poor to support any feasible agricultural development.

Cllr Jonathon Seed moved that planning permission be granted subject to an amendment to condition 3 to insert the same term as used in condition 2 ‘the installation hereby approved’ and to add to condition 4 the requirement for the development to be in accordance with paragraph 3.8 of the Design and access statement BHF/RPT/001 and this was duly seconded by Cllr Trevor Carbin.

Reference was made to previously circulated details of solar schemes for which planning permission had been granted. The Chairman requested that an update be circulated to members of the Committee indicating those schemes which had built or proceeded with.

On being put to the vote, it was

Resolved

To grant permission subject to the following conditions:

The Senior Planning Officer outlined the report which recommended that the

application be approved with conditions.

Mr. Simon Chambers, the applicant’s agent, spoke in support of the application.

It was noted that this was a revised application.

Cllr Roy While moved that planning permission be granted as recommended and this was duly seconded by Cllr Trevor Carbin.

On being put to the vote, the meeting;

Resolved

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: 15/103/1 Rev B received on 2 October 2015; 15/103/2 Rev A received on 2 October 2015; 15/103/3 Rev B received on 2 October 2015.

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

3.     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.

4.     The internal alterations as detailed by drawing no: 15/103/3 Rev B (in relation to the removal of stud walls and blocking up internal doorways) shall be carried out prior to the first occupation of either dwelling. Thereafter, the resultant layout shall remain in perpetuity.

REASON: In order to define the terms of this permission and to ensure the development satisfies the minimum residential parking standards as set out by policy CP64 of the Wiltshire Core Strategy and Policy PS6 of the LTP3 Car Parking Strategy.

5.     The external works as detailed by drawing no: 15/103/1 Rev B (in relation to parking and access to provide 4 car parking spaces) shall be carried out prior to the first occupation of either dwelling. Thereafter, the resultant layout shall remain in perpetuity.

REASON: In order to define the terms of this permission and ensure a development satisfies the minimum residential parking standards as set out under policy CP64 of the Wiltshire Core Strategy and Policy PS6 of the LTP3 Car Parking Strategy.

6.     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-H shall take place to the dwelling houses hereby permitted or within their curtilages.

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.

PLANNING INFORMATIVES:

1.     In accordance with Policy CP41 the applicant is encouraged to incorporate design measures to reduce energy demand within the development initially through energy efficiency enhancement to reduce energy consumption and then the  ...  view the full minutes text for item 107.

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

There were no Urgent Items.