Agenda and minutes

Apologies for absence were received from Councillors Roy While (substituted by Councillor Andrew Davis), Jonathon Seed (substituted by Councillor Fleur de Rhé-Philipe) and Malcolm Hewson (substituted by Councillor Trevor Carbin).

To approve the minutes of the meetings held on 23^rd June and 14^th July (copies attached).

The minutes of the meetings held on 23 June 2010 and 14 July 2010 were presented.

Resolved:

To approve as a correct record and sign the minutes of the meetings held on 23 June 2010 and 14 July 2010.

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

W/10/01753/S73 – Councillor Mark Griffiths declared that he had been personally lobbied prior to the meeting. He 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:

Councillor Julie Swabey, Unitary Member for Ethandune, expressed her concerns regarding the application.

Councillor Francis Morland, Unitary Member for Southwick, expressed his concerns regarding the application.

Officers introduced the report, which recommended approval for a temporary and personal planning permission. A debate followed during which key issues such as preserving the character of the countryside, increased traffic on a lane with reduced visibility, pedestrians using an unlit lane and the safety concerns associated were discussed.

Members of the Committee were concerned and could not be satisfied that the applicant met the definition of a nomadic habit of life. The Committee also expressed frustration with the limited use they could make of said definition and the requirement to meet its criteria.

The Committee agreed to a short recess to enable the Planning Officers and Legal Representative to consider the validity of the reasons put forward for refusal in the context of planning regulations and policies.

It was therefore

Resolved:

That planning permission be REFUSED

For the following reason(s):

 1.        The proposed mobile home and associated structures, vehicles and general paraphernalia would, by reason of the open character of the site and surrounding land, appear unduly prominent and intrusive within the landscape to the detriment of the character and appearance of the countryside contrary to West Wiltshire District Plan – 1st Alteration 2004 Policy C1 and CF12, and Wiltshire Structure Plan 2016 Policy DP1 and DP15.

2.         The proposal, located remote from services, employment opportunities and being unlikely to be well served by public transport, is contrary to the key aims of PPG13 which seeks to reduce growth in the length and number of motorised journeys.

3.         The site has insufficient frontage to enable an access to be satisfactorily laid out incorporating the necessary visibility splays which are essential in the interests of highway safety contrary to West Wiltshire District Plan – 1st Alteration 2004 Policy CF12.

Informative(s):

You are advised that the applicant has not supplied proof of a nomadic habit of life.

Councillor Julie Swabey, Unitary Member for Ethandune, expressed her concerns regarding the application.

Officers introduced the report, which recommended approval for a temporary and personal planning permission. Officers also drew the Committee’s attention to the late list which clarified the reasons for this application to have been called in. A debate followed during which key issues such as the suitability of the site and preserving the character of the countryside were discussed.

Members of the Committee were concerned and could not be satisfied that the applicant met the definition of a nomadic habit of life.

Resolved:

That planning permission be REFUSED

For the following reason(s):

1. The proposed mobile home and associated structures, vehicles and general paraphernalia would, by reason of the open character of the site and surrounding land, appear unduly prominent and intrusive within the landscape to the detriment of the character and appearance of the countryside contrary to West Wiltshire District Plan - 1st Alteration 2004 Policy C1, C3 and CF12, and Wiltshire Structure Plan 2016 Policy C9, DP1 and DP15.

2.   The proposal, located remote from services, employment opportunities and being unlikely to be well served by public transport, is contrary to the key aims of PPG13 which seeks to reduce growth in the length and number of motorised journeys.

Informative(s):

You are advised that the applicant has not supplied proof of a nomadic habit of life.

1.         Mr Philip Barthram spoke in objection to the application.

2.         Mr Anthony Venn spoke in objection to the application.

3.         Mrs Suzanne Sherred, agent for the applicant, spoke in support of the application.

Councillor Julie Swabey, Unitary Member for Ethandune, expressed her satisfaction with the recommendation within the report and was pleased that the applicant and the objectors had engaged in a positive discussion and reached a mutual agreement.

Officers introduced the report, which recommended approval. A debate followed during which the details of the conditions contained within the report were scrutinised.

It was therefore

Resolved:

That planning permission be GRANTED

Subject to the following condition(s):

1. The occupation of the site hereby permitted shall be carried on only by Mr W Sherred, the applicant and his resident dependants.

REASON: Planning permission has only been granted on the basis of the personal circumstances and status of the applicant.

2. When the land ceases to be occupied by those named in condition 1 above the use hereby permitted shall cease and all caravans, structures, materials and equipment brought on to the land in connection with the use including the amenity block hereby approved, shall be removed. Within 1 month of that time the land shall be restored in accordance with a scheme previously submitted to and approved in writing by the local planning authority.

REASON: Planning permission has only been granted on the basis of the personal circumstances and status of the applicant.

3. No caravan, other than the twin unit hereby permitted, and one touring caravan shall be placed on the land.

REASON: In order to define the terms of this permission and avoid proliferation of caravans at the site.

4. Contaminated water shall not be discharged to any stream, watercourse or underground strata, whether direct or via soakaways.

REASON: To minimise the risk of pollution to the water environment.

POLICY: West Wiltshire District Plan 1st Alteration (2004) Policy U4.

5. No controlled waste shall be burnt on site.

REASON: In order to minimise nuisance.

POLICY: West Wiltshire District Plan 1st Alteration (2004) Policy C38.

Informative(s):

The developer is advised that under paragraph 46 of ODPM Circular 01/2006 that the granting of any temporary planning permission should not be regarded as setting a precedent for the determination of any future applications for full permission. If you have not done so already you are therefore advised as a matter of urgency to contact the Council’s spatial planning team responsible for the production of the Council’s DPD on Traveller and Gypsy Site Allocations to discuss bringing this site forward for consideration under this planning document. They may be contacted on 01225 713489.

1.         Mr David Pearce, representing Mr & Mrs Sage, Spoke in objection to the application.

2.         Mr Derek Fisher spoke in objection to the application.

3.         Mr Tony Robinson spoke in objection to the application.

4.         Mr Dan Plunkett, representing the applicant, spoke in support of the application.

5.         Mrs Ginnie Johnston, representing Westwood Parish Council, spoke in objection to the application.

The Officers introduced the report which recommended approval and drew the Committee’s attention to the late list containing comments from Councillor Linda Conley, the Unitary Member for Winsley and Westwood, as well as an additional condition to be included should permission be granted.

A debate followed during which members of the Committee discussed and sought clarification on issues including the proximity of residential dwellings, the withdrawal of permitted development rights and the planning regulations linked with the green belt status.

It was therefore

Resolved:

That planning permission be GRANTED

For the following reason(s):

The proposed development would not materially affect the amenities of the neighbours and any planning objections have been overcome by conditions.

Subject to the following condition(s):

1. The development hereby permitted shall begin 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. The development hereby permitted shall only be used for the private stabling of horses and the storage of associated equipment and feed and shall at no time be used for any commercial purpose whatsoever, including for livery, or in connection with equestrian tuition or leisure rides.

REASON: In the interests of highway safety and/or to protect the living conditions of nearby residents.

West Wiltshire District Plan 1st Alteration 2004 - POLICY: E10 and C38

4. No materials shall be burnt on site.

REASON: In order to mininise nuisance and safeguard the amenities of the area in which the development is located.

POLICY: West Wiltshire Distict Plan First Alteration 2004 policy C38 and E10

5. There shall be no parking of horse boxes, caravans, trailers or other vehicles during the hours between dusk and dawn on the site.

REASON: In order to protect the living conditions of nearby residents and/or the rural character of the area.

West Wiltshire District Plan 1st Alteration 2004 - POLICY: E10 and C38

6. No portable buildings, van bodies, trailers, vehicles or other structures used for storage, shelter, rest or refreshment, shall be stationed on the site without the prior approval in writing of the Local Planning  ...  view the full minutes text for item 168d

The Officers introduced the report which recommended refusal.

A debate followed during which members of the Committee sought clarification on points such as whether objections had been received or not, the exact address of the adjoining property and the details of the proposed conditions.

It was therefore

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 begin 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.

POLICY: West Wiltshire District Plan – 1st Alteration 2004 – Policy C31A.

3. The windows in the south elevation of the proposed extension facing 1 Manor Farm Cottages shall be glazed with obscure glass only prior to the first occupation of the development hereby permitted and shall be permanently maintained as such at all times thereafter.  There shall be no additional windows inserted in this elevation without the prior approval of the local planning authority.

REASON:  In the interests of residential amenity and privacy.

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

To receive details of appeal decisions and appeals pending.

The Planning Appeals Update Report for June 2010 was received.

Resolved:

To note the Planning Appeals Update Report for June 2010.

The Planning Appeals Update Report for July 2010 was received.

Resolved:

To note the Planning Appeals Update Report for July 2010.

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.