Agenda and minutes

To receive any apologies or substitutions for the meeting.

Apologies for absence were received from:

Cllr Tony Trotman who was substituted by Cllr Jerry Wickham

Cllr David Jenkins who was substituted by Cllr Magnus Macdonald

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

Cllr Jerry Wickam stated that he held the position as Portfolio Holder for Waste but would consider all the issues involved in the Lower Compton waste management facility in Minute No 37  below with an open mind.

Cllr Glenis Ansell stated that she acted as Chairman of the Calne Air Quality Working Group.

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 25 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. 

At its meeting on 17 June 2015, this Committee considered this application and resolved as follows:

To refuse planning permission for the following reasons:-

1.    The development proposal conflicts with Core Policy 55 (Air Quality) of the Wiltshire Core Strategy.

2.    The development proposal conflicts with Core Policy 60 (Sustainable Transport), Core Policy 61 (Transport and New Development) and Core Policy 65 (Movement of Goods) of the Wiltshire Core Strategy.

3.    The Environmental Statement accompanying the planning application is flawed in terms of the approach taken to the no-project baseline scenario, the transport assessment and the air quality assessment.

The Committee is now asked to consider the way forward in the light of legal advice received.

A confidential report is circulated at Item No. 7 below.

The Committee noted that at its meeting on 17 June 2015, this Committee considered this application and resolved as follows:

To refuse planning permission for the following reasons:-

1.    The development proposal conflicts with Core Policy 55 (Air Quality) of the Wiltshire Core Strategy.

2.    The development proposal conflicts with Core Policy 60 (Sustainable Transport), Core Policy 61 (Transport and New Development) and Core Policy 65 (Movement of Goods) of the Wiltshire Core Strategy.

3.    The Environmental Statement accompanying the planning application is flawed in terms of the approach taken to the no-project baseline scenario, the transport assessment and the air quality assessment.

Members then heard the views of Dr Peter Alberry, a local resident expressing his views regarding this issue.

The Committee was then asked to consider the way forward in the light of legal advice received.

To agree that in accordance with section 100A (4) of the Local Government Act 1972 to exclude the public from the meeting for the business specified in Item No. 7 because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in paragraph 5 of Part 1 of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.

Resolved:

To agree that in accordance with section 100A (4) of the Local Government Act 1972 to exclude the public from the meeting for the business specified in Minute No. 37 because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in paragraph 5 of Part 1 of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.

A report by the Area Development Manager and the Case Officer is attached.

The Committee considered a confidential report by the Area Development Manager.

On hearing the views of Cllr Alan Hill, the local Member in support of refusal of the application and on considering the legal advice from Counsel for the Council requested by the Solicitor to the Council,

Resolved:

In the light of Counsel’s Advice, to inform the Planning Inspectorate and Appellant that the Council no longer seeks to defend those reasons for refusal and promptly gives notice to the Planning Inspectorate and the Appellant that it will not be defending its reasons for refusal at that Inquiry.