Agenda item

The Area Development Manager outlined the report that recommended that

the application be approved with conditions.

Mr. Nick Parker, Mr. Alistair Wright, Mr. Paul McDonald and Mr. Jeremy Kelton, Bishopstrow Parish Meeting, spoke in objection to the application;

Mr. Chris Beaver, agent of the applicant and Mr. Holdoway, the applicant, spoke in support of the application.

Cllr. Andrew Davis spoke as the local member.

Issues discussed in the course of the presentation and debate included:

The location of the site, the limits of development, issues relating to the five year land supply, the highway safety, flood risk, ecology, conservation, neighbouring impacts and general feeling among the local residents. The listed building consent proposal covered by the application for which approval was granted in 2014 and which was not legally challenged was also discussed.

Cllr. Andrew Davis proposed, subsequently seconded by Cllr Christopher Newbury that the Committee should refuse the application.

In questioning the Area Development Manager, the Committee sought clarity

on what constitutes a self-build or custom-build development, the areas within the policy limits, the current status of HAB as an applicant, the 5 year housing land supply policy, the application of CP2 and whether there was any provision in the local area for custom-build housing.

In response to the above, the Area Development Manager explained that a custom-build development is where a person enters into partnership with a developer and has a comprehensive involvement in the design and outcome of the building. He pointed out that who the developer was did not constitute a planning matter and the reference to HAB Housing Limited as the applicant though currently alleged to have withdrawn from the development was not an issue under consideration. HPH Ltd & HAB Housing Limited was the original name used for the application and would continue to be used unless formerly withdrawn or changed.

Core Policy 2 (CP2) sets out the delivery strategy and advises that within the limits of development, as defined on the policies map, there is a presumption in favour of sustainable development at Market Towns. The Planning Policy Framework (NPPF) seeks to ensure that the Council demonstrates a five year housing supply for the north and west housing market area that includes Warminster.

The Area Development Manager noted that in applying CP2 the proposal was not in accordance with the development plan, in that it lies outside of the limits of development for Warminster and was in conflict as the site had not been brought forward through the plan led process identified in policy CP2. He emphasised that he was not challenging a judicial ruling but there was a need to consider whether there were adverse impacts that would demonstrably outweigh the benefits of the scheme in light of the current situation concerning   5 year land supply in the north and west housing market area.  He informed the members that he was unaware of any sites in the local area that had permission for custom-build housing.

The legal representative present added that Government policy is material in any consideration and would have weight in any application. The meeting was informed that there were19 people on the register for self-build and custom-build housing.

Resolved to refuse planning permission for the following reasons:

1.     The site lies outside of the limits of development defined for Warminster in the Wiltshire Core Strategy.  In this location, the proposed development for residential purposes would conflict with Core Policy 2 of the Wiltshire Core Strategy which only allows residential development beyond these limits through a plan led process of a Site Allocations Development Plan and/or a Neighbourhood Plan. The proposal has not been brought forward through either of these means and therefore conflicts with the delivery strategy of the Wiltshire Core Strategy.

2.     Furthermore, the proposal would result in the development of a site that is currently undeveloped countryside that forms part of the gap between the built-up area of Warminster and the nearby village of Bishopstrow. The Council consider it important to maintain this gap of undeveloped countryside to prevent the coalescence of the town with Bishopstrow, which was one of the objectives behind the setting of the town limits in this location when they were originally defined.  The significant alteration in the character and appearance of this area of open countryside through the construction of this unplanned urban development would seriously erode the remaining gap  between the town and village and would have an adverse impact on the character and appearance of the area. This would conflict with Core Policy 51 of the Wiltshire Core Strategy that seeks to maintain the separate identity of settlements. The Council considers that the adverse impact of the loss of a significant part of this gap and the change in the character and appearance of the area that would result from the development of this site significantly and demonstrably outweighs the benefits of the proposal.