Agenda item

A report by the Case Officer is attached.

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  He explained that the applicant had submitted an appeal in respect of this application on the grounds of non-determination, that is the Council’s failure to determine the application by the target date of 20 January 2012.  Consequently, no formal decision could be made by the Council in respect of the application.  However, in order to progress with the appeal, the opinion of the Committee was being sought in respect of the application had they been in a position to determine it and on what grounds the Committee might wish to contest the scheme at appeal, if at all.    He also drew Members’ attention to the late observations.  

Members of the Committee then had the opportunity to ask technical questions.

After a full discussion,

Resolved:

Had the Committee been able to determine the application, it would have refused planning permission and the Officers were authorised to contest the appeal for the following reasons:

1.       The proposed development is in the countryside, outside the framework boundary of any settlement where residential development is not acceptable under Policy H4 of the North Wiltshire Local Plan 2011.  There are no material considerations which outweigh the development plan policies.

2.       The proposal is premature to the progression of Wiltshire’s Local Development Framework (LDF), the Core Strategy Development Plan Document for the area and subsequent site allocations development plan document or neighbourhood plan for the area and is thus prejudicial to the council’s plan-led approach to sustainable development.  As such the proposal is contrary to Planning Policy Statement 3: Housing.

3.       The proposed development is not an allocated site within policy H2 and was not required to meet the land supply for the period up to 2011.  The proposed development is not required to meet the five year land supply requirement referred to in the June 2011 version of the emerging Wiltshire Core strategy or the February 2012 version of the Wiltshire Core strategy

4.       By reason of the scale of development proposed, the application is contrary to Policy DP3 of the adopted Wiltshire and Swindon Structure Plan 2016 and Policies 1 and 20 of the emerging Wiltshire Core Strategy 2026.

5.       Insufficient evidence has been submitted to demonstrate the measures that will need to be undertaken to mitigate the effect of the development on species protected by the Wildlife and Countryside Act 1981 (as amended) and Habitats Regulations (2010). This would be contrary to PPS9 and statutory obligations under Circular 06/2005 and Policies C3 and NE7 of the North Wiltshire Local Plan 2011.

6.       The indicative layout does not satisfy the aims of Manual for Streets and the highway authority's supplemental guidance on safe and satisfactory servicing of the site.  The proposal is contrary to Policy C3 of the North Wiltshire Local Plan 2011.

7.       No Section 106 agreement has yet been entered into. The proposed development does not make any provisions for securing equipped children’s playspace or low cost housing provision on the site, Formal Leisure provision at Calne Leisure centre; Calne cemetery; the on-going provision and maintenance of open space and surface water attenuation measures on the site. The application is therefore contrary to Policies C2, H5 and CF3 of the North Wiltshire Local Plan 2011 and the North Wiltshire Local Development Framework Affordable Housing SPD (April 2008).

INFORMATIVES

1.    This decision relates to documents/plans submitted with the application, listed below.

1586/11/04  – Location Plan;

A-01-MA-001-P - Illustrative Layout Masterplan;

3089/SK/201 - Proposed Roundabout

3089/501/A – Indicative Surface Water Drainage Strategy

3089/Ser/101 – Indicative Utilities Plan

Planning Statement Oct 2011

Design and Access Statement Oct 2011

Arboricultural Report Sept 2011

Archaeological Report Oct 2011

Extended Phase 1 Habitat and Protected Species Survey Jan 2011 – Survey Elements various dating from 2003/2004

Phase 1 Environmental Investigation Oct 2011

Flood Risk Assessment Oct 2011

Landscape & Visual Appraisal and Landscape Strategy Oct 2011

Transport Assessment July 2011

Residential Travel Plan July 2011

Foul Surface and Water Drainage Assessment July 2011

Infrastructure Services Report Nov 2010

Waste Audit Oct 2011

Sustainable Design Report Oct 2011

Ambient Noise Assessment Oct 2011

Statement of Community Involvement Oct 2011

Topographical Survey

2. The reasons for confirming why planning permission would have been refused which pertain to highways, ecology and S106 matters have the potential to be overcome and in this respect and in light of the pending appeal, the applicant is invited to meet with the Council to discuss these matters and if necessary provide additional amended plans or heads of terms.  Where such matters can be overcome, these aspects will not be pursued at appeal and agreed in a statement of common ground.