Agenda and minutes

To receive any apologies or substitutions for the meeting.

Apologies for absence were received from Cllr Trevor Carbin, who was substituted by Cllr Magnus Macdonald and Cllr Bill Moss.

To approve and sign as a correct record the minutes of the meeting held on 21 October 2015.

Resolved:

To confirm and sign the minutes of the previous meeting held on 21 October 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 2 December 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. 85 and 86 below.

A report by the Case Officer is attached.

The following people spoke in support of the application.

Mrs H Tupper, the applicant

Mr Simon Chambers, the agent

The Committee received a presentation from the Case Officer which set out the main issues in respect of the application, with a recommendation that planning permission be refused.

Members 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 Baroness Scott of Bybrook OBE, the local Member, who expressed concern over HGV traffic impact and highway safety implications, these concerns also having been brought to her attention by local parish councils and residents.

After discussion,

Resolved:

To refuse planning permission for the following reasons:-

1. The development is for a waste management operation outside any allocated site located in the Wiltshire and Swindon Waste Site Allocations Local Plan 2013, or preferred location identified in the Wiltshire and Swindon Waste Core Strategy 2006 – 2026 and it has not been demonstrated by the applicant to be in accordance with all relevant provisions of the strategy, objectives and policies of Waste Development Plan Documents. Accordingly, the development is contrary to Policies WCS3 and WCS5 of the Waste Core Strategy and Policies WDC11 and WDC13 of the Wiltshire and Swindon Waste Development Control Policies DPD 2009.
2. Inadequate details and justification has been submitted with regard to the proposed land raising operation and the Council is not satisfied that such land raising does not constitute a waste disposal operation and an imprudent use of resources not necessary for the reduction of noise levels from the existing Motorway. Materials used in land raising could be better used in association with restoration work elsewhere. Accordingly, the proposal fails to accord with policies WCS3 and WCS5 of the Wiltshire and Swindon Waste Core Strategy 2006 – 2026 DPD and policies WDC11 and WDC13 of the Wiltshire and Swindon Waste Development Control Policies DPD 2009.
3. The proposed development involves land raising which fails to promote or maintain the quality, character and appearance of the historic environment and fails to demonstrate that public benefits of constructing a bund at this location would outweigh the harm that would be caused to the designated heritage assets.  Accordingly, the proposal is contrary to the National Planning Policy Framework and Section 72(1) of the Planning (Listed Building and Conservation Area) Act 1990 and contrary to Policy WDC9 of the Wiltshire and Swindon Waste Development Control Policies DPD 2009.

4.    The proposal has failed to demonstrate that it avoids or mitigates against significant adverse impacts to amenity, noise from construction, vibration and transportation of waste.  The Council is not satisfied, on the basis of the information submitted, that the proposal would not result in an adverse effect on the local environment and the residential amenity of local residents due to noise and dust created in connection with the proposed site operations. The proposal is therefore considered contrary to Policy WDC2 of  ...  view the full minutes text for item 85.

A report by the Case Officer is attached.

The following people spoke against the application

Mr Simon Hart, representing Lovell Stone Group Ltd.

Mr Stephen Ainsworth, Development & Safety Manager, Lovell Stone Group Ltd.

Mr Damion Selim, a local resident

The following people spoke in support of the application

Mr Michael Walker, Technical Director, Wardell Armstrong LLP

Mr Rod Lafargue, representing Hanson UK, the applicant

The Committee received a presentation from the Case Officer which set out the main issues in respect of the application.  He also reported receipt of late representations from the Wiltshire Council Ecologist, Natural England and the National Planning Casework Unit all of whom raised no objection to the development.  However, the National Planning Casework Unit did point out that it was possible that the Secretary of State might require that an environmental impact assessment was required before planning permission was could be granted. 

Members 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 Dick Tonge, the local Member, in which he explained that he had called in the application for determination by this Committee for the following reasons:-

·         Visual impact upon the surrounding area

·         Relationship to adjoining properties

·         Design – bulk, height, general appearance

Cllr Tonge also sought confirmation that the application was really for a second mine entrance rather than for a second mine.

Cllr Tony Deane explained that an adjoining mine owner, Lovell Stone Group Ltd operated a mine at Chicksgrove Quarry, which was in his Division in the south of Wiltshire.  This mine owner had expressed concern that the approval of this application could jeopardise the safety of his employees in the adjoining mine due to possible flooding. 

The Case Officer confirmed that the application was for an additional mine entrance and that all health and safety issues, including the potential for inrush of water, was the responsibility of the Health and Safety Executive.

After discussion,

Resolved:

Subject to the Secretary of State confirming that environment impact assessment is not required, to delegate to the Area Development Manager authority to grant planning permission, subject to the following conditions, and additional conditions to secure a dust management scheme and to prohibit the processing/cutting of stone at the site:-

1.    The development hereby permitted shall begin no later than three years from the date of this permission.

Reason: In accordance with Section 51(1) of the Planning and Compulsory Purchase Act 2004.

2. The development authorised by this permission shall be for a limited period, expiring on 21 February 2042 or at such time as extraction of stone from the underground stone mine permitted by planning permission N/98/01945/WCM ceases (whichever is the earlier).  At such time the site shall be restored within a period of 12 months in accordance with the details shown on drawing ST13466-111 – Restoration Proposals.

Reason: To secure what was applied for the avoidance of doubt.

3. The development hereby permitted shall be  ...  view the full minutes text for item 86.

To note that the next meeting of the Committee is due to be held on Wednesday 20 January 2016, at County Hall, Trowbridge, starting at 10.30am.

Resolved:

To note that the next scheduled meeting of the Committee was due to be held on Wednesday 20 January 2016, at County Hall, Trowbridge, 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 items of urgent business.