Agenda and minutes

To receive any apologies or substitutions for the meeting.

The Committee noted that at its meeting the previous day, Council had appointed Cllr Bridget Wayman to membership of this Committee in place of Cllr Bill Moss.  The Chairman, on behalf of the Committee, welcomed Cllr Bridget Wayman to the meeting. 

An apology for absence was received from Cllr Christopher Newbury and Cllr Fred Westmoreland who was substituted by Cllr Jerry Wickham.

To approve and sign as a correct record the minutes of the meeting held on 13 April 2016. (Copy attached)

Resolved:

To confirm and sign the minutes of the previous meeting held on 13 April 2016.

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

There were no declarations of interest.

To receive any announcements through the Chair.

There were no Chairman’s announcements made at the meeting.

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 4 May 2016. 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.

No questions had been received from councillors or members of the public.

The Chairman welcomed everyone to the meeting.  He then explained the rules of public participation and procedure to be followed at the meeting.  

A report by the Case Officer is attached.

The following people spoke against the application:

Ms Linda Newbury, a local resident

Mrs Anne Henshaw, representing Campaign to Protect Rural England

The following people spoke in support of the application:

Mr Richard Cosker, planning consultant

Mr Andrew Aldridge, architect

Mr Peter Self, applicant

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 a legal agreement and conditions.

Members then had the opportunity to ask technical questions after which they heard 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, who expressed some concern regarding the resulting impact on traffic queuing along Corsham Road to access the expanded site and also an inadequate turning circle for large vehicles inside the site.  He was also concerned that retailed planning policy advice did not appear to provide any restrictions to the size of the development.

During discussion the following points were raised:

·         The need to balance the proposed expansion of the business, as set out in the application, with effect on the local population and the traffic.

·         The main access to and egress from the site especially for large vehicles and a suitably large turning circle.

·         The need for an additional emergency entrance to the site.

Resolved:

To grant planning permission, subject to:

(1)          A legal agreement to secure the costs associated with the following off-site elements, via a signed Unilateral Undertaking:

·           Implementation of a parking restriction on Corsham Road and/or Notton Lane.

·           Adjustment of phasing/timing of the traffic light controls at the Corsham Road/A350 junction.

·           Alterations to the junction between Notton Lane and Corsham Road, together with any associated signage.

·           Making of a Traffic Regulation Order for the imposition of a speed limit on Notton Lane.

(2)          The following conditions:

1          The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

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.

2          The development hereby permitted shall be carried out in accordance with the following approved plans:

P01 rev B - Proposed Site Layout Plan

P02 rev B - Proposed Roof Plan

P04 rev A - Proposed Elevations - Sheet 1 of 3

P05 rev A - Proposed Elevations - Sheet 2 of 3

P06 rev A - Proposed Elevations - Sheet 3 of 3

P07 rev A - Site Sections - Sheet 1 of 5

P08 rev A - Site Sections - Sheet 2 of 5

P09 rev A - Site Sections - Sheet 3 of 5

P10 rev A - Site Sections - Sheet 4 of 5

P11 rev A - Site Sections - Sheet 5 of 5

Received 20 October 2015

P13 - Designated External Storage Areas

Received 27 April 2016

REASON:  ...  view the full minutes text for item 27.

A report by the Case Officer is attached.

The following people spoke against the application:

Mr Martin Haffenden, a local resident

Cllr Richard Wood, representing Melksham Without Parish Council

The following person spoke in support of the application:

Mr Michael Robson, of Strutt & Parker LLP, representing the applicant

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application, with a recommendation that the granting of planning permission be delegated to the Area Development Manager, subject to the prior completion of a legal agreement within the next six months to cover matters identified within section 9.9 of the report and subject to planning conditions.

It was noted that the application was a resubmission of a previously refused application (ref 14/07526/OUT) which had been determined by this Committee on 21 January 2015 the day after the Core Strategy was adopted by the Council.

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

Members then heard the views of Cllr Roy While, the local Member, who whilst appreciating the concerns of those who had objected, was in general support of the application.

After some discussion,

Resolved:

To delegate to the Area Development Manager to grant planning permission, subject to:

(1)       the prior completion of a legal agreement, within the next 6 months, to cover the following matters:

·      affordable housing

·      education

·      open space & play provision

·      highways

·      refuse infrastructure

·      public art

·      village hall

(2)           and subject to the following planning conditions:

CONDITIONS:

1.            The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

REASON:   To comply with the provisions of Section 92 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004

2.            No development shall commence on site until details of the following matters (in respect of which approval is expressly reserved) have been submitted to, and approved in writing by, the Local Planning Authority:

(a)   The scale of the development;

(b)  The layout of the development;

(c)   The external appearance of the development;

(d)  The landscaping of the site;

The development shall be carried out in accordance with the approved details.

REASON:  The application was made for outline planning permission and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act 1990 and Article 3(1) of the Town and Country Planning (General Development Procedure) Order 1995.

3.            An application for the approval of all of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

REASON:  To comply with the provisions of Section 92 of the Town and Country Planning Act 1990.

4.            The development hereby  ...  view the full minutes text for item 28.

A report by the Case Officer is attached.

The following people spoke against the application:

Mr Francis Morland, a local resident

Mr Garth Brocksopp, a local resident

Cllr Sonja Harris, representing Dilton Marsh Parish Council

Cllr Ian Cunningham, representing Westbury Town Council

The following people spoke in support of the application:

Ms Margaret Pell, representing the West Wiltshire Youth Sailing Association

Mr Alex Wozniczko, Associate Director, Awcock Ward Partnership

Mr Johnny Kidney, Director, Sulis Public Affairs

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  Members were informed that the proposal was a hybrid planning application which sought outline planning permission for the erection of up to 300 dwellings; and full permission for the erection of a sailing club house and a new access on to Station Road. There was a recommendation that the application be delegated to the Area Development Manager to grant planning permission, subject to the prior completion of a Section 106 legal agreement and conditions.

Members then had the opportunity to ask technical questions after which they heard the views of members of the public as detailed above, expressing their views regarding the planning application. It was pointed out by the team leader that the Section 106 legal agreement would require the developer to provide £2 million towards the future provision of a bridge over part of the railway line which is a recognised Council priority and required to ease traffic congestion in Westbury.  The merits and necessity of having a 10 year clawback trigger was discussed. Members were informed that from previous planning permissions £1 million had already been bonded to contribute towards the delivery of the bridge, but a further £1 million was required to cover all the costs including contingencies for the bridge before it could be constructed.

Members were also informed of the other s106 developer obligations as set out in the officer’s report and the agenda supplement.  The team leader also informed members that the application proposal had been subject to a formal viability appraisal, assessed by both officers and independent review; and that it had been substantively shown that for the scheme to be viable, it could not contribute towards any education or affordable housing provision.  The team leader advised the committee that at pre-app stage, the Council’s education team had confirmed that the developer would not be required to pay any financial contributions for education purposes claiming at preapp consultation stage that the two primary schools and one secondary school in the designated area all had capacity to accommodate the additional pupils generated by the development, and that there was sufficient early years provision within the town. Members were informed that the education team had changed their position during the formal planning application consultation stage.  Planning officers considered the changed position to be unreasonable given that the consultation response was relatively recent and that it had substantively informed the developer before progressing with a formal planning submission.

Members were reminded that site viability was  ...  view the full minutes text for item 29.

To note that the next scheduled meeting of this Committee is due to be held on Wednesday 15 June 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 15 June 2016, at County Hall, Trowbridge, starting at 10.30am.