Agenda and draft minutes

To receive any apologies or substitutions for the meeting.

Apologies for absence were received from the following:

·       Cllr Chirstopher Newbury

·       Cllr Pip Ridout

·       Cllr James Sheppard

·       Cllr Rob Yuill

To approve and sign as a correct record the minutes of the meeting held on 22 October 2024.

The minutes of the previous meeting were presented for consideration, and the Chairman noted that for minute number 68, related to 20/06554/FUL - Land At Empress Way, Ludgershall, Wiltshire, there were 2 instances where what was recorded in the resolution was different to what was contained in the agenda reports. These instances were:

·       Within the heads of terms for the S106 agreement, the figure stated for Waste & Recycling Facilities was £17,290 within the agenda report, this was updated to £19,190 in the resolution in the minutes. This was due to an increase in fees. This could be seen at page 10 of the agenda pack; it had been noted within the minutes that the figure was different.

·       The plans list at the end of the conditions (pages 19-22 in the agenda pack) was different to that published with the agenda due to an administrative error. Again, this had been noted within the minutes. The applicant was aware.

Members had no comments on the minutes, and it was,

Resolved:

To approve and sign the minutes of the meeting held on 22 October 2024 as a true and correct record, subject to the noted amendments.

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

Cllr Ernie Clark stated that for the Trowbridge leisure centre application (Pl/2024/08255, Land at the former East Wing Site, Bythesea Road, Trowbridge, BA14 8 JN), he had received a leaflet at his home address recently regarding the leisure centre, whereby the leaflet stated that the proposed leisure centre was being promoted by the Wiltshire Conservative Cllr group, on behalf of Wiltshire Conservative Cllrs, and stated that the Conservatives were investing £25 million into the new leisure centre. Cllr Clark raised concern over this publication given that the application had not yet been reported to committee or given permission, and asked the Chairman if that would mean that all the Conservative Cllrs forming part of the Committee were predetermined.

Some of the Conservative Cllrs on the Committee responded by confirming that they had not seen the leaflet and would consider the application with an open mind, regardless of what was stated in the leaflet.

Advice was sought from the legal officer in attendance. Sarah Hickey, Council Solicitor, who advised the Committee that the financial issues relating to the leisure centre were a separate (non-planning) matter and invited all Committee Cllrs to only consider the planning merits of the application and come to their own decision.

The Chairman summarised that if everyone approached the application with an open mind that would be acceptable, and the legal officer agreed.

There was some further discussion, with Cllr Clark highlighting that the leaflet seemed to suggest that the leisure centre had been approved already, and that Conservative Cllrs needed to state that they had an open mind.

The legal officer reiterated that it was for every Member of the Committee to reach their decision based on the planning application that was being presented.

The Chairman asked whether anyone had concerns relative to determining the application with an open mind, and no one responded.  

To receive any announcements through the Chair.

The Chairman announced that there were mince pies on the table outside the Council Chamber for attendees as this was the last meeting of the Committee prior to Christmas.

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 no later than 10.20am on the day of the meeting. If it is on the day of the meeting registration should be done in person.

The rules on public participation in respect of planning applications are linked to in the Council’s Planning Code of Good Practice. 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. Representatives of Parish Councils are included separately in the speaking procedure, please contact the officer listed for details.

Members of the public and others will have had the opportunity to make representations on planning applications and other items on the agenda, and to contact and lobby their local elected member and any other members of the planning committee, prior to the meeting.

Those circulating such information prior to the meeting, written or photographic, are advised to also provide a copy to the case officer for the application or item, in order to officially log the material as a representation, which will be verbally summarised at the meeting by the relevant officer, not included within any officer slide presentation if one is made. Circulation of new information which has not been verified by planning officers or case officers is also not permitted during the meetings.

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 no later than 5pm on 4 December 2024 in order to be guaranteed of a written response. In order to receive a verbal response questions must be submitted no later than 5pm on 6 December 2024. 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.

The procedure for public participation was noted.

To receive details of completed and pending appeals, and any other updates as appropriate.

The Chairman noted that as well as the usual planning appeals report, under this item there were a couple of planning updates as well. Both of those items had been to Strategic Planning before and there were updates to conditions to be noted.

To receive details of completed and pending appeals.

Kenny Green, Planning Manager, spoke to the appeals report and highlighted the appeal detailed in the agenda report, for PL/2023/07368, Land At Old Sarum Airfield, Old Sarum, Salisbury, Wilts, SP4 6DZ, which had been refused planning permission at the 14 August 2024 Strategic Planning Committee. The Committee was informed that this appeal would be heard as a planning inquiry held which was scheduled to start on 18 February 2025.

A further update was given on another appeal for application PL/2021/09013, Land West of Westbury Road, Warminster, pertaining to a refused application for 205 dwellings which had come to the 6 March 2024 Strategic Planning Committee. Members were informed that the Inquiry for that appeal commenced in October, however the inspector had adjourned the inquiry to allow the appellant and the Council to submit more detail to the Inspector to assist him in his understanding of the appealed development including matters relating to ecology, public health and flood risk. There was also a question raised by the inspector to the appellants as to whether the appeal was valid in the first place. Members were further informed that a 3-day session has been scheduled for the appeal to be re-opened in mid-January 2025.

Adjusted BNG areas in association with - Proposed commercial development comprising a Use Class E foodstore (including the sale of non-food goods) and ‘drive thru’ coffee shop unit; petrol filling station; provision of open space / landscaping including a new pedestrian and cycle link between London Road and Green Lane; access, parking, and associated infrastructure and development.

Public Participation

Adam Cundale (applicant) spoke in support of the proposal.

Kenny Green, Planning Manager, presented the item. It was explained that he was not the case officer but was covering the item as the case officer was involved with a meeting with the Planning Inspectorate regarding the aforementioned Old Sarum Airfield appeal.

Firstly, members attention was drawn to agenda supplement 1, which contained the final officer recommendation, which was to note the updates to the Biodiversity Net Gain (BNG) provision and subsequent changes to the S106 and conditions.  

It was further explained that under the planning scheme of delegation (in Part 3, section D3 of the constitution, para 1.13), officers were able to adjust the legal agreement and conditions, providing the modifications were in line with the principles of the Committee’s decision, and that changes would be reported back to a subsequent meeting of the Committee. As such, officers wanted to the Committee to note the update.

The officer stated that there had been no changes at all to the development site. However, the location for the off-site BNG provision located within the adjacent country park had changed slightly. Although not mandated to provide 10% BNG at all due to the date of the application submission, members were informed that the applicant wanted to do so.

Following endorsement of the application at the 17 April 2024 Strategic Planning Committee, further survey work was undertaken to survey the parcels of land within the country park adjoining the application site, that were previously identified for BNG provision.

Following the surveys, it was revealed that the land parcel to the north of the site was of higher quality than was previously thought, and as such delivering BNG on such a land parcel was no longer supported. Therefore, a different parcel of land within the country park close to the previously identified southernmost land parcel was identified to deliver the off-site 10% BNG, and this was presented to the Committee as part of the application update.

The officer then highlighted late correspondence officers had received from Cllr Ian McLennan, representing the Laverstock division, who advised he would be unable to attend the meeting, and emailed his thoughts to officers. The email was read out by the officer.

In summary Cllr McLennan referenced the environmental impacts and supported the updated proposals, although he referenced additional funding being required for transport/highways improvements, in relation to the crossing point at the A30 junction with Church Road, and Automatic Number Plate Recognition (ANPR) provision for Milford Mill Road.

At this point the officer explained to members that the application when it was previously reported to Committee had previously established the reasonable and necessary developer obligations in terms of sums of money to paid by the developer when tested against the three legal tests. Moreover, Members were informed that the S106 legal agreement had reached a very advanced stage, and Members were informed it would be unreasonable to add further obligations to the agreement at this  ...  view the full minutes text for item 78.

Hybrid (full and outline) planning application descriptions (i) & (ii)

(i) Outline planning application: the erection of up to 284 dwellings, erection of a convenience store (Class E), erection of up to 872 sqm of new commercial floor space (Class E); and associated access, public realm; and landscaping works.

(ii) Full planning application: Erection of convenience store (333 sqm GIA) and 12 No. apartments, part demolition and external works to Innox Mills and change of use to Class E; external works and extension (180 sqm GIA ) to Innox Place and change of use to (Class E); external works to Dyehouse and Brewery for as bat mitigation and change of use to a dual use internal market/Class E; demolition of former Cloth Factory Building; and associated access, public realm and landscaping work in commercial courtyard and along the Stallard Street frontage.

The listed building consent application proposes internal and external works and part demolition of Innox Mill; internal and external works, and extension to Innox Place. Although a separate application, the issues relevant to the impact upon the listed buildings (Innox Place and Innox Mill) are considered under this report.

Public Participation

No members of the public had registered to speak.

Ruaridh O’Donoghue, Principal Planning Officer, introduced an update report for PL/2021/08064 - Innox Mills, Stallard Street, Trowbridge, BA14 8HH, which had come to the 29 November 2023 Strategic Planning Committee and members were reminded that at that meeting the Committee had endorsed the application, with authorisation to grant planning permission delegated to the Head of Development Management, subject to completion of an S106 agreement and conditions. The Committee also heard that the application had been reported to the 17 April 2024 Strategic Planning Committee to update members following changes made to the National Planning and Policy Framework (NPPF) in December 2023 which resulted in the Council benefitting from a revised and reduced housing land supply requirement in recognition of the Council’s advanced local plan preparation stage.

At that meeting, the Committee resolved to endorse the application with authorisation to grant planning permission continuing to be delegated to the Head of Development Management, subject to the completion of a S106 legal agreement and conditions.

The officer explained that the S106 agreement was still being progressed. However, the applicant wanted to change the application at this stage so that once the legal agreement was complete, they could proceed on a varied phased basis and to implement Block A, the Stallard Street Buildings and Innox Place in advance of the outline permission for the balance of the site.

The previous Committee endorsed phasing plan for the site was shown to Members as were the revised parameters, and it was explained that to enable the applicant to do what they requested, site wide pre-commencement conditions such as for surface water drainage and contaminated land would need to be split, and it was the phasing and re-wording of the conditions that the Committee was being updated on.

Members of the Committee then had the opportunity to ask technical questions of the officer. In response the officer explained by way of an example, that there was no Japanese Knotweed within the phase 1 areas, and that the suggested revised condition wording for the on-site handling and requirement for the developer to produce a management plan for this invasive plant for the parts of the site where it does exist, was a matter for a later phase. Likewise, there were no reptiles within the phase 1 area, so a mitigation strategy was not required for phase 1, and this too would be more reasonably left for a later phase.

Members expressed some concerns regarding whether the rest of the site would actually get developed if the phasing was changed in the way being proposed.  However, Members were reassured that conditions must be reasonable and under what was being proposed now, the first phase of development would likely commence sooner and proceed stage by stage, rather than requiring the developer to commission surveys that were not technically required for the first phase.

Further questions were asked regarding the S106, and various conditions.

At the Chairman’s invitation, Cllr  ...  view the full minutes text for item 78a

Construction of a Leisure Centre and Ancillary Works.

Public Participation

Nathan McLoughlin (agent) spoke in support of the application.

Bastin Bloomfield (architect) spoke in support of the application.

Prior to this item being presented by the case officer, the Chairman highlighted that he had not seen any circulated leaflet regarding the leisure centre.

Russell Brown, as Senior Planning Officer, introduced the report which recommended that the application for the construction of a leisure centre and ancillary works, be approved, subject to conditions. The site was identified being located just across from County Hall and was a Wiltshire Council application, with the proposed development being described as a comprehensive leisure facility which was accessible and sustainable. Several slides (which were also available in supplement 2) were shown to the Committee which detailed the location, site plans, on-site parking provision, elevations, interior plans, highway works and a new signal controlled junction as well as several site photos.

The proximity of the River Biss, the position of County Hall and the site boundary with Asda were all identified from the slides, and within the site, Members were informed of the present state of the site, part of which was derelict following the demolition of the old Chapman’s building located alongside the River Biss.

The Committee was informed about the proposed design and siting of the leisure centre building which would front Bythesea Road and would have solar panels on the roof, and air source hear pumps, plus high specification insulation, and was designed with sustainability and energy conservation in mind.

The proposed scheme also comprised a comprehensive landscape treatment of the site with trees and shrubs throughout, which would enhance biodiversity. The car park would incorporate electric vehicle charging, disabled spaces, coach spaces and bicycle stands.

Active Travel principles were built into the scheme. Details of what the leisure centre would provide were given which included a café; 6 lane 25m swimming pool; spectator gallery for 130 people; a learner pool; changing village; fitness suites; fitness studios; cycle studio; a community meeting room and an adventure play area.

The new proposed 4-arm signalised junction on Bythesea Road was detailed along with pedestrian crossings, a new filter lane and additional upgrade works being planned for the Longfield gyratory.    

Members were also informed about the design for the building incorporating various different projections and overhangs and a mix of materials to break up massing and referenced local industrial heritage architecture. The Committee also heard that the design had been independently reviewed by the Design West review panel, emphasising the point that the leisure centre scheme had been carefully scrutinised.

The Committee was furthermore advised that the proposal adhered to Wiltshire Core Strategy (WCS) policies. No statutory consultees had objected, and all the technical matters that had been identified during the assessment of the application, had been resolved.

The Committee also heard that the public response was broadly positive.

The Chairman also highlighted that there had been almost 1,000 consultation responses to the community engagement the Council’s project team and consultants had been involved  ...  view the full minutes text for item 79.

Solar Park and Energy Storage Facility together with associated works, equipment and necessary infrastructure.

Public Participation

No members of the public had registered to read a statement.

Adrian Walker, as Planning Manager, introduced the report which recommended that the application for a Solar Park and Energy Storage Facility together with associated works, equipment and necessary infrastructure be approved, subject to conditions.

Several slides were shown to the Committee (published in agenda supplement 2) detailing the site and application which comprised approximately 13 hectares of agricultural fields with the South-West site boundary being identified alongside the mainline railway line (Cheltenham to London). The site access at Crossing Lane was also highlighted, as was the proposed grid connection location on the other side of Crossing Lane.

The wider context of the site was shown and explained, with the Clattinger Farm Site of Special Scientific Interest (SSSI) and Special Area of Conservation (SAC) being highlighted, respectively measured at 600m to the North and the Acres Farm Meadow SSSI being approximately 760m to the East.

The Committee then heard about a number of recent permitted applications for solar farms and battery storage in the wider local area, which were detailed in the Committee report and shown on a slide being identified as generally around the Minety Substation to the south of the application.

The land classification for the site was detailed, with 4.4 hectares being grade 3a agricultural land (good quality) and 6.3 hectares being grade 3b agricultural land (of moderate quality). Members were reminded that Grade 1, 2 and 3a land were considered to be the best and most versatile agricultural land, so about 40% of the site (at grade 3a) was considered that.

The Committee was the informed of the site layout, with ancillary structures and infrastructure located in the middle of the site. The proposed solar panels would be fixed at an angle of 10-20 degrees and would be about 3m tall, and the proposal included the necessary underground cable routing to connect to the facility to the nearby energy substation.

Members were informed the application was temporary in nature, for a 40-year period.

The officer furthermore advised Members that the application had been received prior to the mandatory 10% Biodiversity Net Gain (BNG) requirement being implemented. However, the applicant included information and plans to increase biodiversity, through providing an onsite pond and planting new hedgerows to beef up the hedgerows which already existed, as well as providing bird and bat boxes. There would be a minimum 10m buffer from the solar panels to the edge of the site which could be used by animals for habitat connectivity. All fencing would have mammal gates, and views from various directions around the site were shown to Members. 

Members of the Committee then had the opportunity to ask technical questions of the officer, and details were sought on the loss of the 3a grade agricultural land, when previous guidance had sought to make use of grade 3b or lesser quality land for solar farms.

In response, the officer stated that this had been taken into consideration, and  ...  view the full minutes text for item 80.

Any other items of business, which in the opinion of the Chairman, should be taken as a matter of urgency.

The Chairman stated that there were no urgent items or part 2 items, therefore he thanked everyone for attending, wished them a Happy Christmas, and closed the meeting.