Agenda and minutes

To receive any apologies or substitutions for the meeting.

An apology for absence was received from Cllr Graham Payne (substituted by Cllr Jerry Wickham).

To approve and sign as a correct record the minutes of the meeting held on 03 February 2016.

The minutes of the meeting held on 3 February 2016 were presented.

Resolved:

To approve as a correct record and sign the minutes of the meeting held

on 3 February 2016.

To receive any announcements through the Chair.

The Chairman reported a permanent change of committee membership as agreed at the last Council meeting on 23 February 2016 whereby Cllr Horace Prickett had been replaced by Cllr Graham Payne.

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 9 March 2016. 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.

The Chairman welcomed all present. He then explained the rules of public

participation and the procedure to be followed at the meeting.

No formal questions had been received for this meeting.

To consider and determine the following planning applications:

The Committee considered the following applications:

15/08809/FUL : Roundponds Farm Shurnhold Melksham Wiltshire

15/12584/FUL - Land adjacent to 9 Clay Close, Dilton Marsh

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

Mr. Clive Taylor and Mr. Mark Sullivan spoke in objection to the application; and Mr. Jake Stentiford spoke in support of the application.

In the absence of the local members, Cllr Jonathon Seed began the debate.

Issues discussed in the course of the presentation and debate included: the use of the land in the context of the site history; the potential visual impact upon the surrounding area; the highway and access considerations and potential impact on amenity. Also discussed were solar farms, the use of the generators and the need to separate the purpose of operation of the two; the frequency of use of the generator; the environmental impact on the surrounding area and emissions from the generator which could be the equivalence of 500 diesel cars running;

Cllr Jonathon Seed proposed, subsequently seconded by Cllr Roy While that the Committee should approve the application as per the officer’s recommendations detailed in the report.

In questioning the Senior Planning Officer, the Committee sought clarity on Core Policy 48/58/51 and its relevance and compliance with the application before the Committee, health concerns and the assessment of air quality, why the application was not considered as a Schedule 1 EIA Development, the heat generating capacity in relation to the established threshold of 300 megawatts, quality of input from Highways and vehicular movement for the delivering of fuel to power the generator

In response to the above, the Senior Planning Officer reiterated that the sole purpose of the generator was to provide backup power to the National Grid in periods of high demand. He explained that the application was not Schedule 1 EIA Development applicable because it did not involve a thermal power station and the associated combustion.

The generating power of the generator was confirmed as 10 megawatts with the delivery of fuel for powering the generator estimated as once a month.

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 existing hedgerow (and hedgerow trees) along the northern boundary of the site as shown on the Landscape Proposals plan YOR_2567_03 Rev-F shall be protected during construction in accordance with BS 5837:2012 and shall not be removed without the prior written approval of the Local Planning Authority.

REASON: In the interests of biodiversity and landscape.

3        The hedgerows to be planted on the southern and western boundaries of the site, as shown on the Landscape Proposals plan YOR_2567_03 Rev-F, shall be planted in accordance with a schedule to be submitted and approved by the Local Planning Authority and shall be protected and maintained in accordance with the specification provided on the said plan for a period of  ...  view the full minutes text for item 17.

The Planning Officer presented the report which recommended that the application be approved with conditions.

Cllr Alison Irving, Dilton Marsh Parish Council 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: the Highway, environmental issues and reasons for which the application was previously rejected; safety concerns in relation to the volume of traffic in the area.

Cllr Jerry Wickham proposed, subsequently seconded by Cllr Pip Ridout that the application be refused.

In questioning the Planning Officer, the Committee sought clarity on the ownership of the land, whether the appropriate procedure had been followed in notifying the owners of 7 Clay Close and how the application now satisfied Highways concerns originally raised.

The Area Team Leader informed members regarding ownership that an applicant for planning permission did not need to be the owner of the land subject of a planning application and the consent of a person who has an interest in the land was not required. 

For planning permission though applicants were legally obliged to notify , under Section 66 of the Act and this had been confirmed by the applicant by means of certificate B submitted which was signed on 20 November 2015 as the notice being served on 7 Clay Close.

In response to the Highway query from members, the Area Team Leader explained that plans submitted along with applications were sufficient for the Highways Officer to comment on and as such the Highways Officer recommended no objection as the reasons for initial refusal had now been overcome.

Members were also informed by the Chairman that the Highways officer was present to take any questions

On the suggestion that a site visit should be undertaken, it was confirmed that all Members bar one had visited the area in question at least once within the last twelve months and were therefore sufficiently familiar with the site.

          Having been put to the vote, the meeting:

Resolved to refuse permission based on the following reasons:

1. Vehicles resulting from the proposed development by entering, leaving and standing within B3099 (a Class B road) and the High Street, at a point where visibility from and of such vehicles would be restricted, would impede, endanger and inconvenience other road users to the detriment of highway safety.  The proposed access lies in close proximity to the railway bridge and the visibility of a vehicle exiting the proposed site would be impeded by traffic coming from under the bridge. The exiting from the access is not a suitable connection to the highway which is safe for all road users. The proposal would therefore be contrary to Core Policy CP61 of the adopted Wiltshire Core Strategy 2015 and the NPPF.

2. The proposed new dwelling through its position, mass, height, scale and design being sited within close proximity of neighbouring garden and dwelling of 7 Clay Close would result in an unacceptable form of development due to its domineering and intrusive impact  ...  view the full minutes text for item 18.

To receive details of appeal decisions and appeals pending.

PlanningAppeals Update Report

A report was presented which updated the Committee on appeal decisions and appeals pending since the last report to Committee.

Resolved:

1.     To receive and note the Planning Appeals Update Report.

2.     That further information  be presented in the next appeals update report regarding the appeal decisions on the following applications:

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