Agenda and minutes

To receive any apologies or substitutions for the meeting.

There were no apologies for absence.

To approve and sign as a correct record the minutes of the meeting held on 17 June 2015.

Resolved:

To confirm and sign the minutes of the previous meeting held on 17 June 2015.

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

There were no declarations of interest made at the meeting.

To receive any announcements through the Chair.

There were no Chairman’s announcements.

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 8 July 2015. 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.

There were no questions received from members of the Council.

Members of the public addressed the Committee as set out in Minute Nos. 55, 56 and 57 below.

A report by the Case Officer is attached.

The following people spoke against the proposal:

Mr Quinton Skinner, a local resident

Mr R Branscombe, a local resident

Cllr Brett Norris, Chairman of Mere Town Council

The following person spoke in favour of the proposal:

Dr Simon Ruston, the agent

The Committee received a presentation from the Case Officer which set out the main issues in respect of the application. 

The Case Officer reminded the Committee that the application had previously been considered at its meeting on 11 March 2015 with an officer recommendation that approval be granted, subject to conditions.

The Committee resolved to defer determination of the application in order to seek further information from the Drainage Engineer on the practicalities of drainage of the site and to request that copies of the Planning Inspector’s decision regarding a similar application at Alderbury be provided.

The application was further considered by the Committee at its meeting held on 13 May 2015, following the submission of additional technical drainage information from the applicant, with an officer recommendation for approval, subject to conditions.   During discussion a number of points were raised and it was agreed that they needed clarification.  The Committee resolved to defer consideration of the application pending the holding of a site inspection on a date to be agreed and the provision of further information from the applicant as requested. 

A site inspection had taken place on Monday 13 May 2015 in which the Case Officer had explained the proposals.

Members of the Committee the had the opportunity to ask technical questions after which the Committee received statements from members of the public as detailed above, expressing their views regarding the planning application.

Members then received the views of Cllr George Jeans, the local Member, in which he explained his objections to the proposal and reasons why he considered that the application should be refused.

After a full and detailed discussion,

Resolved:

To approve the application, subject to the following conditions:-

A report by the Case Officer is attached.

The following people spoke in favour of the proposal:

Ms Judy Scholey, representing the applicant

Mr Ross Owen, the agent

Cllr Colin Froude, City Ward Councillor & local resident

Ms Gill Anlezark, Secretary, Cycling Opportunities Group for Salisbury

Cllr John Lindley, Chairman of Planning & Transportation Committee, Salisbury City Council

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application with a recommendation that planning permission be granted subject to conditions.  The Case Officer drew attention to discussions that were continuing with regards to the inclusion of an air quality financial contribution within the S106 agreement.

Members of the Committee then had the opportunity to ask technical questions after which the Committee received statements from members of the public as detailed above, expressing their views regarding the planning application.

Cllr Bill Moss, as local Member, spoke in support of the application but subject to the provision of a pedestrian and cycle link from Green Lane to London Road. 

After discussion, during which Members supported the access from Green Lane to London Road within the scheme,

Resolved:

To grant planning permission, subject to:-

(1)       The Secretary of State being consulted and delegating the application back to the Local Planning Authority for determination,

(2)       A Section 106 Legal Agreement being entered into with respect to the provision of the following highway related mitigation measures:

a)    Financial contribution of £350,000, towards the provision and

improvement of bus services to and from the site.

b)   The provision of a green travel plan to encourage users of the proposed development to use non-car travel modes to access the site.

c)    A scheme for the provision of public art on the application site, utilising the financial contribution previously provided to the council as part of reserved matters permission s/1998/0373.

d)   A scheme for the provision of an area of ecological mitigation for site b (required as a result of the development of site a) that the timing, provision, and maintenance of site b shall be submitted to and agreed in writing by the local planning authority by a specified date and in accordance with agreed trigger points. The scheme shall include retained and new planting, and the provision of a 3m wide pathway and cycle-path between London Road and Green Lane. The scheme shall allow for free public access through the site in perpetuity.

(3)       The following conditions:-

01 The development (subject of Site A – retail store, petrol station, car parking, servicing

area and landscaping, and access points) hereby permitted shall begin no later than three

years from the date of this decision.

REASON: To comply with the provisions of Section 91 of the Town and Country Planning

Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

Approveddetails

02 The development shall be carried out in accordance with the submitted details ofmaterials  asoutlined as part of this planning application, unless otherwise agreed in writing by the Local Planning Authority.

Proposed  ...  view the full minutes text for item 56.

A report by the Case Officer is attached.

The following people spoke against the proposal:

Mr Charles Adams, a local resident

Mr Mark Ashkowski, a local resident

Mr Francis Morland, a Wiltshire resident

Cllr Paul Carter, representing Melksham Without Parish Council

Cllr Andrew Hinchcliffe, representing Melksham Town Council

The Committee received a presentation from the Area Development Manager which set out the main issues in respect of the application. The report was introduced which recommended that planning permission be refused.

Members of the Committee then had the opportunity to ask technical questions after which the Committee received statements from members of the public as detailed above, expressing their views regarding the planning application.

Members then heard the views of Cllr Pat Aves, the local Member, objecting to the proposal and urging the Committee to refuse permission.

After some discussion,

Resolved:

To refuse planning permission for the following reasons:-

1.         The site is located in open countryside outside the limits of development defined for Melksham in the Wiltshire Core Strategy. The proposal would conflict with Core Policies 1, 2 and 15 of the Wiltshire Core strategy, which seeks to properly plan for sustainable development of housing in Wiltshire.

2.      The proposal conflicts with the Council’s plan-led approach to the delivery of new housing sites outside of the identified limits of development, as set out in Core Policy 2 of the Wiltshire Core Strategy which seeks to provide new housing sites to deliver the identified needs in the Melksham Community Area through a Site Allocations DPD and/or a Neighbourhood Plan, a strategy supported by both the Wiltshire Core Strategy Inspector, and the Secretary of State in his appeal decision at Park Lane, Malmesbury. The site has not been brought forward through this process and the adverse impacts identified in reasons 3-7 below reinforce the need for the delivery strategy required by policy CP2 and CP15 as the properly planned method of establishing the most sustainable sites for meeting the housing needs of Melksham.

3.      The proposal would create a large block of housing isolated from other development by surrounding fields. It would have an urbanising effect on this area of open countryside and the rural footpaths that cross it that would have an adverse impact on the character and appearance of the area that would be detrimental to the rural approach to Melksham that currently exists on this side of the A365. The proposal would therefore conflict with policy CP51 of the Wiltshire Core Strategy and with a core principle of the NPPF to take account of the intrinsic character and beauty of the countryside.

4.      Wiltshire Council as Lead Local Flood authority is working together with other agencies to undertake a full drainage catchment review for the whole catchment from Shaw/Whitley down to the River Avon to identify potential drainage works and/or mprovements to resolve current flooding issues within the catchment and to allow for

potential future developments. The report findings will have a major influence on the whole catchment and the particular drainage strategies  ...  view the full minutes text for item 57.

(1)       At its last meeting, this Committee agreed to reserve Wednesday 29 July 2015 at 10.30am for an additional meeting of the Committee if required, bearing in mind the number of outstanding applications that might need a decision before the next scheduled meeting of the Committee on 23 September 2015.  

This meeting is no longer needed but an additional meeting is required in mid September, ideally in the week commencing Monday 14 September 2015, to consider army basing applications.  Having spoken with the Chairman and the Vice-Chairman, it is proposed that this meeting take place on Wednesday 16 September 2015, starting at 10.30am.        Members are asked to consider this suggestion.

(2)       To note that the next scheduled meeting of the Committee is due to be held on Wednesday 23 September 2015, at County Hall, Trowbridge, starting at 10.30am.

On being informed about the problems encountered in attempting to arrange a separate meeting in early September to consider army basing applications,

Resolved:

To agree that the army basing applications be considered, provided that they are ready for determination, at the next scheduled meeting of the Committee due to be held on Wednesday 23 September 2015, starting at 10.30am.   

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

There were no urgent items of business.