Agenda item

Public Participation and Councillors' Questions

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 10.20am 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 15 October 2014. 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.

 

 

Minutes:

Questions were asked by members of the public and responses given as follows:-

 

Questions from Mr Jesper Eades, a local resident

 

Question 1

Has Wiltshire Council formulated any strategic planning policy with regard to development, particularly for commercial and industrial uses, of land in the four compass quadrants around Junction 17 of the M4, and is Wiltshire Council guided by specific instruction of national planning policy in this regard ?

             

Response

                Core Policy 34 of the emerging Wiltshire Core Strategy refers to proposals for employment development outside settlements.  This alongside other policies in the development plan (saved policies in the North Wiltshire Local Plan 2011 and emerging Wiltshire Core Strategy) and other material considerations including the National Planning Policy Framework would be taken into consideration should there be any proposals for development in the vicinity of junction 17 of the M4 motorway.  These policies are considered to be consistent with achieving sustainable development as outlined in National Planning Policy Framework paragraphs 6-10.

 

Question2

 A planning application can sometimes be granted consent on the basis/principle that the applicantundertake for community and strategic reasons items of public works/expenditure as a condition of the consent.  If an application for development were to be made relating to land outside the town boundary of Chippenham, for example on land around Junction 17 of the M4, could this principle of public works/expenditure be made as a condition of consent by Wiltshire Council with respect to the specific benefit of public works/expenditure arising within the town boundary of Chippenham ?

      

Response

Any financial or other contributions sought from applicants have to pass stringent tests in order for them to be considered appropriate. The framework for the current system of Planning Contributions in England is set out in section 106 (s106) of the Town and Country Planning Act 1990 (substituted by the Planning and Compensation Act 1991) and the Office of the Deputy Prime Minister's (ODPM) Planning Circular 05/2005.  Under s106 (1) of the Act, Planning Contributions may be used for (amongst other things) to “require a sum or sums to be paid to the authority”. 

 

Any s. 106 contributions to the Council seeks has to pass the following three tests – contributions must be:

           Necessary to make the development acceptable in planning terms;

           Directly related to the development; and

           Fairly and reasonably related in scale and kind to the development.

If and when an application is made for works on the sites referred to an assessment will be made as to whether any funding could justifiably be sought for public works or other expenditure in the vicinity.

 

The current system is proposed to be reformed with the introduction of a Community Infrastructure Levy.  Community Infrastructure Levy (CIL) allows local authorities in England and Wales to fund infrastructure by charging on new developments in their area. The money generated through CIL can be used to support growth by helping to pay for a wide range of infrastructure including parks, schools, community facilities, health facilities and leisure centres.  Wiltshire Council is currently developing its own charging regime for CIL. 

 

 

Questions from Mr Stephen Eades, a local resident

 

Question1

 What actions and investigations has Wiltshire Council taken to establish whether land around the four compass quadrants of Junction 17 of the M4 offers alternative development land, particularly for industrial and commercial uses, with respect to the needs of Chippenham, and would be available and suitable to prevent any present or future breach by development of the existing A350 western boundary for Chippenham ?

 

Response

None, for the following reason.  With respect to the needs of Chippenham, modifications to the emerging Wiltshire Core Strategy proposed by the Council during the examination process in relation to Core Policy 10 ‘Spatial Strategy - Chippenham Community Area’ require strategically important mixed use sites for the town’s expansion to be identified in a Chippenham Site Allocations Development Plan Document (DPD) and sets out criteria to guide development at the town. The policy is accompanied by a diagram that indicates the areas of search for the strategic growth at the town that will be identified through the DPD.  It is these strategic areas that are being assessed through the DPD process. They do not include any areas in the vicinity of junction 17 of the M4 motorway.

         

Core Policy 10 alongside other policies in the development plan (saved policies in the North Wiltshire Local Plan 2011 and emerging Wiltshire Core Strategy) and other material considerations including the National Planning Policy Framework will be taken into consideration in assessing relevant planning applications that come forward in advance of the DPD west of the A350 around Chippenham.

 

 

Question 2

Has Wiltshire Council published publicly the exact geographical extent, from north to south (Malmesbury Road roundabout in the north to the Lacock roundabout in the south), of the present and forthcoming dualling of the Chippenham A350 bypass and the accompanying economic and strategic planning justification for this dualling ?

Response

Yes.

In respect of the section under construction between Jacksom’s Lane and the Badger Roundabout, the case was made as part of a bid to DfT’s ‘pinch point’ fund, and can be found at http://www.wiltshire.gov.uk/council/howthecouncilworks/plansstrategiespolicies/transportpoliciesandstrategies/lppfapplicationa350chippenhamdualling.htm

 

In respect of improvements between the Brook and Bumpers Farm Roundabouts, the outline business case was submitted to and approved by the Wiltshire and Swindon Local Transport body (responsible for allocating transport major scheme formula funding), and can be found (under item 27) at http://ww5.swindon.gov.uk/moderngov/ieListDocuments.aspx?CId=940&MId=6682&Ver=4

 

In respect of Improvements between the Badger and Chequers Roundabouts, the case was made (and provisionally approved) as part of the Council’s Strategic Economic Plan submitted to Government in March 2014, and can be found at http://www.swlep.biz/docs/1

 

There are no current proposals for dualling the section between the Chequers and Lacock roundabouts.

 

 

Questions from Mr Howard Ham, a resident of Allington, Chippenham

 

Question 1

 Evidence from Wiltshire Council to the Core Strategy Examination in Public (EiP) in June 2014 stated that in terms of strategic planning policy the A350 is the logical and natural western boundary for Chippenham and that this boundary will not be breached by development until other alternative development sites are exhausted.  Is the same policy as evidenced to the Core Strategy EiP being endorsed by Wiltshire Council in its current review of the Chippenham Development Plan Document (DPD) and if not, why not ?

           

Response

From a planning policy perspective, for the purpose of identifying strategic mixed use development (housing, employment and community facilities) at the town currently the A350 is considered to be the logical boundary. Consequently land to the west of the A350 has not been identified as a potential direction for the town’s growth for the purposes of the emerging Chippenham Site Allocations Development Plan Document (DPD).

         

Modifications to the emerging Wiltshire Core Strategy proposed by the Council during the examination process in relation to Core Policy 10 ‘Spatial Strategy - Chippenham Community Area’ require strategically important mixed use sites for the town’s expansion to be identified in a Chippenham Site Allocations DPD and sets out criteria to guide development at the town. The policy is accompanied by a diagram that indicates the areas of search for the strategic growth at the town that will be identified through the DPD, which do not include land to the west of A350. It is these strategic areas that are being assessed through the DPD process.

         

Core Policy 10 alongside other policies in the development plan (saved policies in the North Wiltshire Local Plan 2011 and emerging Wiltshire Core Strategy) and other material considerations including the National Planning Policy Framework will be taken into consideration in assessing relevant planning applications that come forward in advance of the DPD. 

 

 

Question 2

Evidence from Wiltshire Council to the Core Strategy Examination in Public (EiP) in June 2014 stated that in terms of strategic planning policy the A350 is the logical and natural western boundary for Chippenham and that this boundary will not be breached by development until other alternative development sites are exhausted.    What is the procedure of Wiltshire Council for identifying alternative sites that would avoid a breach of the western boundary, and how is the term “exhausted” defined in terms of this investigation ?

 

Response

As set out in the response above (Q2), the Council is focussing on the area to the east of the A350 in identifying sites for development at the town through the Chippenham Site Allocations Development Plan Document. The Council considers that the scale of growth proposed in the Core Strategy for the plan period to 2026 can be accommodated on the strategic areas identified.

 

 

Question from Ms Valerie Ham, a resident of Allington, Chippenham

 In July 2014 a company known as “the Range” announced that it wished to undertake a large development on land beyond the Chippenham A350 western boundary.  Have officers of the Council, from whatever department, had discussions with either “The Range” company, the landowners of the proposed development site and /or any agents acting regarding the interests of the company or landowners at any dates in the last 12 months and, if so, for what specific purpose ?

 

Response

 

                Work is in progress on the preparation of a Chippenham Site Allocations Plan the focus of which is to identify strategic mixed use development (housing, employment and community facilities).  Land to the west of the A350 has not been identified as a potential direction for the town’s growth for this purpose.  Areas east of the A350 are being assessed including land south of the town.  This is in accordance with the approach proposed by the Council during the examination process in relation to the Wiltshire Core Strategy and specifically Core Policy 10 ‘Spatial Strategy - Chippenham Community Area’.   The detailed assessment of these areas follows consultation on a methodology that was finalised in July.  The results of this assessment will inform proposals of the Chippenham Site Allocations Plan which it is intended to publish for pre-submission consultation early in 2015.

 

There were no questions received from members of the Council.

 

Members of the public addressed the Committee as set out in Minute No 78 below.