Agenda and minutes

Apologies for absence were received from Councillor Rod Eaton (substituted by Councillor Andrew Davis), Councillor Malcolm Hewson (substituted by Councillor Rosemary Brown) and Councillor Ernie Clark.

To approve the minutes of the last meeting held on 2^nd June 2010 (copy attached.)

The minutes of the last meeting held on 2^nd June 2010 were presented.

Resolved:

To approve as a correct record and sign the minutes of the meeting held on 2^nd June 2010.   

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

W/10/01008/FUL and W/10/01209/REG3 - The Chairman clarified that members of the committee did not need to declare a personal or prejudicial interest as members of Wiltshire Council.

W/09/0094/FUL – Councillor Graham Payne declared a personal interest as he had known the applicant as a regular attendee at meetings of the former West Wiltshire District Council. Councillor Payne gave his assurance that he would consider the application on its own merit and with an open mind.

W/10/00947/FUL – Councillor Peter Fuller declared a personal interest as a member of Trowbridge Town Council which had considered the application. Councillor Fuller gave his assurance that he would base his decision on the information now presented to him, would consider the application on its own merit and with an open mind.

As a fellow member of Trowbridge Town Council, Councillor John Knight also declared a personal interest and gave his assurance that he would base his decision on the information now presented to him, would consider the application on its own merit and with an open mind.

W/10/00991/FUL – Councillor Jonathon Seed declared a personal interest as he knew the applicant but was not a close associate. Councillor Seed gave his assurance that he would consider the application on its own merit and with an open mind.

There were no Chairman’s Announcements.

Members of the public who wish to speak either in favour or against an application on this agenda are asked to register in person no later than 5.50pm on the day of the meeting.

The Chairman will allow up to 3 speakers in favour and up to 3 speakers against an application. 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.

The Chairman welcomed all present and explained the rules of public participation.

To consider and determine planning applications in the attached schedule.

The Committee considered the following applications:

1.         Mr Frank Brine, the applicant, spoke in support of the application;

2.         Mr Tom Killen, agricultural adviser for the applicant, spoke in favour of the application.

Officers presented the report, which recommended refusal. Following a debate, during which supporting the expansion of an existing business was discussed, it was

Resolved:

That planning permission be GRANTED

For the following reason(s):

The proposed development conforms to the Development Plan and there are no objections to it on planning grounds.

Subject to the following condition(s):

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.

West Wiltshire District Plan 1st Alteration 2004 - POLICY: C31a.

3. A recessed entrance having a minimum width of 4.5 metres shall be constructed 4.5 metres back from the carriageway edge and its sides shall be splayed outward at an angle of 45 degrees towards the carriageway edge. The area between the entrance and the edge of carriageway shall be properly consolidated and surfaced (not loose stone or gravel) for which details shall have been submitted to and approved in writing by the Local Planning Authority. The works shall be carried out strictly in accordance with the approved details.

REASON: In the interests of highway safety.

4. The entrance gates erected shall be hung to open away from the highway only and shall be set back a minimum distance of 4.5 metres from the carriageway edge.

REASON: In the interests of highway safety.

5. No development shall commence on site until a scheme for the discharge of surface water from the site (including surface water from the access/driveway), incorporating sustainable drainage details, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be occupied until surface water drainage has been constructed in accordance with the approved scheme.

REASON: To ensure that the development can be adequately drained.

6. No development shall commence on site until details of the works for the disposal of sewerage have been submitted to and approved in writing by the Local Planning Authority. The dwelling shall not be first occupied until the approved sewerage details have been fully implemented in accordance with the approved plans.

REASON: To ensure that the proposal is provided with a satisfactory means of drainage.

West Wiltshire District Plan 1st Alteration 2004 - POLICY: U1a

7. The occupation of the dwelling shall be limited to a person solely or mainly working, or last  ...  view the full minutes text for item 146a

1.         Mrs Jane Robinson spoke in objection to the application;

2.         Ms Helen Tedman spoke in objection to the application.

Officers presented the report, which recommended approval. Following a debate, during which the following key issues were discussed; anti social behaviour, car races, litter, noise pollution and unpleasant smells, it was

Resolved:

That planning permission be REFUSED

For the following reason(s):

1.  The proliferation of fast food outlets in this location and the cumulative increase in noise, fumes and nuisance from cooking, increased traffic movements and general disturbance would be harmful to neighbouring amenity, contrary to Policy C38 of the West Wiltshire District Plan – 1^st Alteration 2004.

2. The proposals would result in the loss of parking provision which would be likely to result in congestion and vehicles parking on the highway to the detriment of the amenity and convenience of neighbours and other road users, contrary to Policy C38 of the West Wiltshire District Plan – 1^st Alteration 2004.

3.The proposals would have an adverse impact on the existing town centre function and facilities, harmful to the vitality and viability of the nearby town centre, contrary to Policy SP3 of the West Wiltshire District Plan – 1^st Alteration 2004.

1.         Mr Richard Haes, Warminster Trust, spoke in objection to the application;

2.         Mr Tony Jackson spoke in objection to the application;

3.         Mr Paul Macdonald spoke in objection to the application;

4.         Ms Georgina Tibbs, agent, spoke in support of the application.

Councillor Pip Ridout, Unitary Member for Warminster West, spoke in objection to the application.

Officers introduced the report, which recommended approval, and drew the committee’s attention to the late list containing additional comments including additional letters of objection, and changes to the definition of previously developed land made by the new government which had been addressed within the committee report and the recommendation remains unchanged.

Following a debate it was 

Resolved:

That planning permission be REFUSED

For the following reason(s):

The proposal would result in a cramped form of development resulting in over development of the site, harmful to the street scene, visual amenity, spatial form and character of the area contrary to Policies H1, H24 and C31A of the West Wiltshire District Plan – 1st Alteration 2004.

1.         Dr Peter Ager spoke in objection to the application;

2.         Mrs Rosemary Macdonald spoke in objection to the application;

3.         Mrs Georgie Denison-Pender spoke in objection to the application;

4.         Mr Chris Chart, applicant, spoke in support of the application.

The officer introduced the report, which recommended refusal, and drew the Committee’s attention to the additional comments received and detailed in the late list and to an error on the report as the applicant should state Quarriers (and not Mr Quarriers as per page 37 of the agenda).

Following a debate, during which the key issue of highway safety was discussed, it was 

Resolved:

That planning permission be REFUSED.

For the following reason(s):

Vehicles resulting from the proposed development turning out of Wellhead Drove onto the busy Class 1 road A350, at a point where visibility from and of such vehicles would be severely restricted, would impede, endanger and inconvenience other road users to the detriment of highway safety.

1.         Mr Keen, applicant, spoke in support of the application.

Officers introduced the report, which recommended refusal, and talked the Committee through the proposed extension. Following a debate, during which the distance to the nearest neighbouring dwellings and the proximity of a power plant as well as the issues of Visual Impact and Impact on neighbour’s amenity were discussed, it was

Resolved:

That planning permission be GRANTED

For the following reason(s):

The proposed development conforms to the Development Plan and there are no objections to it on planning grounds.

Subject to the following condition(s):

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 materials to be used in the construction of the walls and roof 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.

West Wiltshire District Plan 1st Alteration 2004 – C31A.

1.         Mr Michael Newberry spoke in objection to the application;

2.         Mr Alan Moon, Architect, spoke in support of the application;

3.         Mrs Sheila Thomson, Bishopstrow Parish Council, spoke in objection to the application.

Officers introduced the report, which recommended approval, following a debate it was

Resolved:

That planning permission be GRANTED.

For the following reason(s):

The proposed development conforms to the Development Plan and there are no objections to it on planning grounds.

Subject to the following condition(s):

1 The visibility splays shown on the approved plans shall have been provided with no obstruction to visibility at or above a height of 900mm within 30 days of the date of the granting of this permission. The visibility splays shall be maintained free of obstruction at all times thereafter.

REASON: In the interests of highway safety.

2 A plan showing details for the discharge of surface water from the site, incorporating sustainable drainage details and details of measures for the protection of the river from any polluted runoff, shall be submitted to and approved in writing by the Local Planning Authority within 30 days of the date of this permission. Any mitigating measures required in terms of the plan shall be completed within 90 days of the date of this permission.

REASON: To ensure that the development can be adequately drained.

West Wiltshire District Plan 1st Alteration 2004 - POLICY: U2

Informative(s):

1. The applicant is advised to contact the Environment Agency with regard to updating the Agency on progress on assessing the possible contamination of the Coach Depot site as a whole.

2. The Environment Agency advises that under the terms of the Water Resources Act 1991 and the Land Drainage Byelaws the prior written consent of the Environment Agency is required for any proposed works or structures in, under, over or within 8 metres of the top of the bank of the River Wylye, designated a 'main' river. This may include buildings, fences etc. The need for this consent is over and above the need for planning consent. Notwithstanding the retrospective nature of this application the applicant is advised to contact Daniel Griffin on 01258483351 in this regard.

1.         Mr Nigel Webster, Chair of Governors, spoke in support of the application;

2.         Ms Laura Almond, Headteacher, spoke in support of the application.

Officers introduced the report, which recommended approval, and highlighted the issues of parking and loss of trees. Following a debate during which the issue of parking was discussed, it was

Resolved:

That planning permission be GRANTED.

For the following reason(s):

The proposed development conforms to the Development Plan and there are no objections to it on planning grounds.

Subject to the following condition(s):

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 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.

West Wiltshire District Plan 1st Alteration 2004 - POLICY: C31a.

3 The development shall be carried out as specified in the pre development Tree Condition and Arboricultural Impact Assessment, and shall be supervised by an arboricultural consultant.

REASON: To prevent trees on site from being damaged during construction works

POLICY: West Wiltshire District Plan First Alteration 2004 Policy C32

4 The hall hereby permitted shall only be used between the hours of 8am and 6pm from Mondays to Fridays and between 9am and 6pm on Saturdays. The use shall not take place at any time on Sundays and Bank or Public Holidays.

REASON: To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

West Wiltshire District Plan 1st Alteration 2004 - POLICY: C38

Planning Policy Guidance 24: Planning and Noise

Informative(s):

1 The developer/applicant is advised to take into account the contents of the Wessex Water letter dated 30 April 2010.

2. You are advised that construction traffic should not park on the highway but within the school grounds.

Councillors attendance:

W/10/00745/FUL - 70 Victoria Road, Warminster – Councillors Graham Payne and John Knight left the room at the start of the officer presentation and returned before the open forum.

Councillor Christopher Newbury left the meeting during the debate and did not return.

W/10/01008/FUL - St Catherines, Wellhead Drove, Westbury

Councillors Mark Griffiths and Graham Payne left the room at the start of the officer presentation and returned before the open forum.

To receive details of appeal decisions and appeals pending (see attached schedule.)

Resolved:

To note the Planning Appeals Update Report.

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.