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Agenda and minutes

Venue: Council Chamber - Council Offices, Monkton Park, Chippenham, SN15 1ER. View directions

Contact: Roger Bishton  Senior Democratic Services Officer

Items
No. Item

65.

Apologies

To receive any apologies or substitutions for the meeting.

Minutes:

An apology for absence was received from Cllr Glenis Ansell.

66.

Declarations of Interest

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

Minutes:

There were no declarations of interest made at the meeting.

67.

Chairman's Announcements

To receive any announcements through the Chair.

Minutes:

It was reported that this meeting had been originally scheduled to be held the previous Wednesday at 10:30am in Trowbridge.

 

Unfortunately, the meeting had to be postponed as it was discovered the day before that the notification letters and e-mails that are sent to advise those who have made representations on the applications of the date and time of the meeting had inadvertently not been sent. Whilst the meeting had been publicised in the local press, it was not certain that all those who had commented on the applications were aware of the meeting. The difficult decision was therefore taken to postpone the meeting at short notice to ensure that everyone who should have been was notified of the meeting and been given the opportunity to attend.

 

The meeting had been re-arranged at the earliest possible date which was only fair to the applicants who were expecting their proposals to be discussed the previous week and who submitted their applications many months ago.   It was appreciated that the timing of the meeting was not ideal for some, being aware of the clash with the Chippenham Town Council meeting, although this was not apparent at the time of rescheduling the meeting.  It was likely that whatever day was chosen would have been difficult for some parties.

 

The Chairman and Committee apologised for the inconvenience that this had caused, and they were grateful to those who had made the extra effort to turn out to be present at this meeting. As to be expected, the Council’s procedures for notification of committee meetings had been reviewed in order to avoid any re-occurrence of such an event in the future.   

 

 

68.

Public Participation

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 6.50pm 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 21 September 2016 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 23 September 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.

Minutes:

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.

69.

N/13/00308/OUT - Land at Showell Farm, Patterdown Road, Chippenham - Outline Application for Employment Development Comprising 50,000sqm, Incorporating Class B1(b), Class B1 (c), B2 with Ancillary B1 (a), B8 and Ancillary B1 (a) Uses Including Means of Access, Car Parking, Servicing, Associated Landscaping and Works

Supporting documents:

Minutes:

The following person spoke against the proposal:

Mr Tony Peacock, Showell Protection Group Coordinator

 

The following person spoke in favour of the proposal:

Mr Des Dunlop, the agent

 

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 the signing of a Section 106 legal agreement within six months of the date of this meeting and 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.

 

After some discussion,

 

Resolved:

 

To delegate authority to the Head of Development Management to grant planning permission, subject to conditions listed below and the completion of a S106 legal agreement covering the highway matters, within six months of the date of the resolution of this Committee.

 

In the event of failure to complete, sign and seal the required section 106 agreement within the defined timeframe to then delegate authority to the Head of Development Management to refuse planning permission on the grounds that the proposal fails to secure the necessary highway mitigation works required to make the development acceptable.

 

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:

 

(e)       The scale of the development;

(f)        The layout of the development;

(g)       The external appearance of the development;

(h)       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          All access to the site for clearance, construction or other works in connection with this permission shall be from the proposed roundabout unless otherwise agreed in writing with the Local Planning Authority.

 

Reason: In the interests of highways safety.

 

4          The development shall be carried out in accordance with the parameters plan submitted on 26th August 2016 and the written addendum dated 25th February 2013 with a maximum height of 8.5m in plot 300; 12m on plot 400 and 15m on plots 100 and 200.

 

Reason: To protect the setting of the heritage assets nearby and the landscape character of the area

 

 

5          No development  ...  view the full minutes text for item 69.

70.

14/12118/OUT - Rowden Park, Patterdown Road, Chippenham, Wiltshire - Mixed Use Urban Extension Comprising Residential (Class C3), Local Centre (Classes A1-A5) and (Classes D1 and D2), Primary School, Public Open Space Including Riverside Park and Allotments, Landscaping, 4 Vehicular Accesses, Site Roads and Associated Infrastructure

Supporting documents:

Minutes:

The following person spoke against the proposal:

Mr Tony Peacock, Showell Protection Group Coordinator

Ms Helen Stride, a local resident

Mr Peter Fennell, a local resident

 

The following person spoke in favour of the proposal:

Mr Des Dunlop, the agent

 

The Committee received a presentation by the Case Officer which set out the

main issues in respect of the application, with a recommendation that authority be delegated to the Head of Development Management to grant planning permission subject to the signing of a Section 106 legal agreement within six months of the date of this meeting and 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.

 

After some discussion,

 

Resolved:

 

To delegate authority to the Head of Development Management to grant planning permission, subject to conditions listed below and the completion of a S106 legal agreement covering the following heads of terms, within six months of the date of this meeting:

 

·         Minimum 30% Affordable Housing.

·         Contribution of £385,000 to improvements to cycle and pedestrian routes.

·         Contribution of £438k for bus service for years.

·         Contribution to access works including roundabouts and right turning lanes; securing SLR route; £35k for link between north and south areas across Pudding Brook; 50k for Rights of Way improvements to Lackham College; monies for RoW conversions and diversions; monies for Bridge Centre Gyratory, A420 Marshfield Rd and New Rd/Station Hill.

·         £4,788,078 (plus indexation) for primary school places. Land for building of primary school. Early Years contribution.

·         Playing pitch and indoor sports provision contribution £823,304 for off-site improvements.

·         Provision of Riverside Park.

·         Public Art Contribution of £300 per dwelling and £3 per square metre of commercial development with no more than 10% being spent on a public art plan.

·         Provision of 0.71 ha of allotment land.

·         provision of waste and recycling containers for each residential unit.

In the event of failure to complete, sign and seal the required section 106 agreement within the defined timeframe to then delegate authority to the Head of Development Management to refuse planning permission on the grounds that the proposal fails to secure the necessary highway mitigation works required to make the development acceptable.

 

Conditions

 

1. 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 5 (1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015.

 

2. The development hereby permitted shall be begun either  ...  view the full minutes text for item 70.

71.

16/01123/OUT - Land South of Western Way, Bowerhill, Melksham, Wiltshire, SN12 6TJ - Outline application for residential development of up to 235 dwellings, primary school with early years nursery, open space provision and vehicular access off Pathfinder Way.(Outline application to determine access - resubmission of 14/04846/OUT)

Supporting documents:

Minutes:

The following person spoke against the proposal:

Mr Mike Mills, representing Bowerhill Residents’ Action Group

Mr Colin Chapman, representing residents of Elm Close and Birch Grove

Mr Nick Westbrook, representing the Health & Wellbeing Steering Group

Cllr Paul Carter, representing Melksham Without Parish Council

 

The following person spoke in favour of the proposal:

Ms Vanessa Clipstone, representing RPS Planning & Development

 

The Committee received a presentation by the Case Officer which set out the

main issues in respect of the application, with a recommendation that authority be delegated to the Head of Development Management to grant planning permission subject to the signing of a Section 106 legal agreement within six months of the date of this meeting and 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 Roy While who explained that he had called in the application due to the concerns of the Melksham Without Parish Council & the local residents and the impact of the development on Road A365.

 

During discussion, Members questioned under the Heads of Terms of the Section 106 legal agreement if a figure had been agreed as a contribution from the developer for the expansion project at Melksham Oak Secondary School.  Furthermore, they enquired as to whether land available for the proposed new primary school would sufficient for its eventual expansion into a two form entry school.  The Head of Development Management explained that much would depend on the number of houses which were eventually built, bearing in mind that this was an outline application.

 

After further discussion,

 

Resolved:

 

To delegate authority to the Head of Development Management to grant planning permission, subject to conditions listed below and the completion of a S106 legal agreement covering the areas set out below in the Heads of Terms. In the event of failure to complete, sign and seal the required section 106 agreement within the defined timeframe to then delegate authority to the Area Development Manager to refuse planning permission for the following reason:-

 

The application proposal fails to provide and secure the necessary and required Services and infrastructure supporting the proposed residential development including Affordable Housing; waste; highway works ; education provision and open space and is therefore contrary to the policies  of the Wiltshire Core Strategy adopted January 2015 and Paras 7, 14 & 17 of the National Planning Policy Framework March 2012.

 

Heads of Terms for Section 106 legal agreement to secure the following:

·         30% affordable housing;

·         Provision of 1.4 hectares of land for a 1FE primary school and nursery facility;

·         Conditional provision of a further 0.6 hectares of land for a 1FE expansion to the above;

·         Commuted sum, to be based on the number of dwellings (less any exemptions), the number of places required, and the relevant capital cost multiplier at the time of determination, towards construction of 1FE primary school;

·         Commuted sum, to be based  ...  view the full minutes text for item 71.

72.

Urgent Items

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

Minutes:

There were no items of urgent business.