Agenda and minutes

To receive any apologies or substitutions for the meeting.

An apology for absence was received from Cllr Derek Brown OBE.

To approve and sign as a correct record the minutes of the meeting held on 19 July 2017. (Copy attached)

Resolved:

To confirm and sign the minutes of the previous meeting held on 19 July 2017.

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 Chairman.

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 by phone, email or in person no later than 2.20pm on the day of the meeting.

The rules on public participation in respect of planning applications are detailed 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.

Members of the public will have had the opportunity to make representations on the planning applications and to contact and lobby their local member and any other members of the planning committee prior to the meeting. Lobbying once the debate has started at the meeting is not permitted, including the circulation of new information, written or photographic which have not been verified by planning officers.

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 Wednesday 6 September 2017 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 Friday 8 September 2017.  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.

Questions submitted by Cllr Ernie Clarke together with responses are attached. Details of any further 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 questions submitted by Cllr Ernie Clark and the responses included in the agenda papers were noted.

It was also noted that a supplementary question submitted had been recently submitted as follows:-

“On what basis therefore can the statement ‘At this stage, it is not envisaged that any sites will be listed in Part 2 of the Register’ be justified?  Does this not clearly show the predetermination of this LPA against any brownfield sites especially within the Trowbridge Community Area?”

The Head of Development Management responded by stating that sites could only be listed in Part 2 of the Brown Fields Register if agreed and granted in principle by the Council.  There was a detailed process to be undertaken and it had to be demonstrated that such areas of land were available, achievable and suitable for residential development of a minimum size.  Furthermore, a consultation and publicity exercise similar to that of a planning application had to be carried out at the Council’s expense.  It would not be feasible for this to be undertaken by the publication deadline of 31 December 2017.

The rules of public participation were noted.

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

An update on planning appeals and decisions was received.

Resolved:

To note the update.

A report by the Case Officer is attached.

Public Participation

Mr David Pocock, a local resident, spoke in opposition to the application.

Cllr Peter Cairns, representing Marlborough Town Council, spoke in support of the application.

The Committee received a presentation from the Case Officer which set out the issues in respect of the application, with a recommendation that reserved matters consent be granted.

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 Stewart Dobson, an adjoining local Member, who stated that whilst he reluctantly accepted the need for additional housing in Marlborough, did express concern regarding resulting increased traffic and air quality. He also drew attention to the urgent need for a second hotel in Marlborough.  The Head of Development Management informed the Committee that both resultant traffic volumes and air quality had been addressed as part of the outline application and no problems had been raised by appropriate technical officers.

Cllr Dobson also questioned why public access could not be allowed to the Ecological Mitigation Area and whether controlled access could be permitted. The Council’s Ecologist explained the need for the ecological mitigation area and outlined the reasons why this area needed to remain private. She did, however, indicate that allowing controlled access for educational or research purposes was a good idea.   

After some discussion, on the proposal of Cllr Andrew Davis, which was seconded by Cllr Ernie Clark,

Resolved:

To grant reserved matters consent, subject to the following conditions:-

A report by the Case Officer is attached.

Public Participation

Mr Mike Lewis, a local resident, spoke in opposition to the application.

Dr Murdoch, the agent, spoke in favour of the application.

The Committee received a presentation by the Head of Development Management which set out the main issues in respect of the application.  He explained that since the preparation of the report, it had been discovered that the site was directly accessed from a bridleway where no public vehicular rights existed. Thus there was doubt that the site could be served by a safe and convenient vehicular access and therefore the recommendation for approval was now being withdrawn.

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

Members then heard the views of Great Somerford Parish Council objecting to the proposal which were read out by Cllr Toby Sturgis, the local Member.  Cllr Sturgis then expressed his own concerns that doubling the size of the gypsy and traveller site would be a disproportionate addition for such a small rural community. This expansion in size would also have implications with regards to landscape impact. He went on to explain that he had met with the residents of Startley who had serious concerns about the proposal. They drew attention to the lack of a safe vehicular access to the site and that vehicles were likely to be parked in green open space. There was no evidence that soakaways would work efficiently in view of the clay soil and furthermore the septic tank did not function correctly, foul water discharging into the lane. There was no mains water supply to the site.  

During discussion, Members considered in detail the concerns that had been raised.

On the proposal of Cllr Tony Trotman which was seconded by Cllr Christopher Newbury,

Resolved:

To refuse planning permission for the following reasons:-  

The site lies in a rural location outside of the defined limits of development for any nearby settlement. The relevant development plan policy for assessing proposals for new gypsy and traveller pitches in such locations is CP47 of the Wiltshire Core Strategy. When assessed against this policy, the proposal conflicts with criteria (ii); (iii); (vi) and (viii) of CP47. In relation to criteria (ii), the site is directly accessed from a bridleway where no public vehicular rights exist and therefore the site is not served by a safe and convenient vehicular access; in relation to criteria (iii), the site is not supplied with essential services; in relation to criteria (vi), the proposal would have an unacceptable impact on the character and appearance of the landscape, being seen in conjunction with the adjacent authorised site and creating an unacceptable erosion of the countryside scene; in relation to criteria (viii), the development would result in a conjoined gypsy and traveller site of 5 pitches in a rural location that is out of scale and character in this situation where the closest settlement at Startley is  ...  view the full minutes text for item 55.

A report by the Case Officer is attached.

Public Participation

Dr Simon Ruston, the agent, spoke in support of the application.

Cllr Francis Morland, representing Dilton Marsh Parish Council, spoke in opposition to the application.

The Committee received a presentation from the Case Officer which set out the issues in respect of the application, with a recommendation that planning permission be granted subject to 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 Jerry Wickham, the local Member, who expressed a number of concerns regarding this application.  He raised concerns regarding:-

·                The need for additional pitches in this area

·                 Its location in or near to existing settlements within reasonable distance of a range of local services and community facilities, in particular schools and essential health services.

·                The need for the site to be served by a safe and convenient vehicular and pedestrian access and that the proposal would not result in serious harm to other road users.

·                The need for the proposal not to have an unacceptable impact on the character and appearance of the landscape and the amenity of neighbouring properties, and was sensitively designed to mitigate any impact on its surroundings.

After some discussion, on the proposal of Cllr Fred Westmoreland, which was seconded by Cllr Andrew Davis,

Resolved:

To grant planning permission, subject to the following conditions:-

A report by the Case Officer is attached.

Public Participation

Dr Simon Ruston, the agent, spoke in support of the application.

Cllr John Masson, representing Heywood Parish Council, spoke in opposition to the application.

The Committee received a presentation from the Case Officer which set out the issues in respect of the application, with a recommendation that planning permission be granted subject to 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 Jerry Wickham, the local Member, who expressed a number of concerns regarding this application.  He raised concerns regarding:-

·         Barriers to development existed in terms of flooding, poor drainage, poor ground stability etc

·         The proposal’s impact on the character and appearance of the landscape and the amenity of neighbouring properties.

·         The absence of a condition to prevent burning on the site.

The Head of Development Management pointed out that neither the Environment Agency nor the Water Authority had raised any objection to the proposal or made no comment on a possible flood risk at the site.   

During discussion Members considered that there should be additional conditions regarding landscaping, the burning of waste and the number of commercial vehicles allowed on the site.

On the proposal of the Chairman, which was seconded by Cllr Andrew Davis,

Resolved:

To grant planning permission, subject to the following conditions:-

To note that the next meeting is scheduled to be held on Wednesday 11 October 2017, starting at 10.30am, in the Council Chamber at County Hall, Trowbridge.

Resolved:

To note that the next meeting of the Committee was scheduled to be held on Wednesday 11 October 2017, starting at 10.30am, in the Council Chamber at County Hall, Trowbridge.

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

There were no items of urgent business.