Agenda item

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 and overshadowing effect upon the occupiers on the neighbouring property which would adversely effect the enjoyment of their amenity area and dwelling.  It is also considered to appear at odds with the existing character and appearance of the area.  The development would be contrary to CP57 of the Wiltshire Core Strategy (2015) and the National Planning Policy Framework.