Agenda and minutes

To receive any apologies or substitutions for the meeting.

Apologies for absence were received from:

Cllr Ernie Clark, who was substituted by Cllr Nick Murry

Cllr Fred Westmoreland, who was substituted by Cllr Ian Blair-Pilling

To approve and sign as a correct record the minutes of the meeting held on 25 April 2018. (Copy attached)

Resolved:

To confirm and sign the minutes of the previous meeting held on 25 April 2018.

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 by phone, email or in person no later than 10.20am 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 13 June 2018 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 15 June 2018. 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 or statements submitted.

A report by the Case Officer is attached.

The Committee received a presentation from the Case Officer which set out the issues in respect of the application.  He also summarised two representations he had received following publication of the agenda papers.  The Cranborne Chase & West Wiltshire Downs AONB Officer had very recently sent a further communication stating that the AONB’s main concerns were mitigated by the proposed conditions.  The second representation received contained no additional points of view.

The purpose of the report was to assess the merits of the application against the relevant national and local development plan policies and other material considerations; and to recommend that permission should be approved subject to the prior completion of archaeological trial trenching and completion of a s106 legal agreement and planning conditions.

Members then had the opportunity to ask technical questions during which Cllr Christopher Newbury questioned why item no 10 of the summarised Section 106 Heads of Terms summary stipulated that the developer contribution of £491,440 should be subject to phased payments to be agreed to contribute towards the improvement and expansion at the Avenue GP surgery rather than to fund a new health care surgery within the Warminster Community Area.  The Case Officer explained that to be legally compliant, the planning obligation must have a dedicated project and furthermore, the NHS had stipulated that this was how the developer contributions should be spent as it was not their intention to provide an additional surgery in the Warminster area.

Members also asked the officer to clarify the proposed housing quantum and how it compared to the endorsed site allocation Masterplan and adopted Core Strategy; the proposed affordable housing provision and the bus strategy obligation.

Members then heard the views of Cllr Tony Nicklin, Mayor of Warminster, who explained that although suppotive of the application, the Town Council made the following points and recommendations:-

1.            The roundabout on the A36 from Victoria Road would need to have some improvements to accommodate the Longleat hotel. Although it was argued that these would be insufficient to take the increased traffic from the WWUE development. The existing traffic flow already made it difficult to access the roundabout from Victoria Road and there were significant safety concerns. It was suggested that traffic lights for the roundabout should be considered.

2.            The AONB comments regarding the need for recessive coloured roofs and screening for this site were endorsed.

3.            The commercial site was surrounded by housing and did not have an adequate separate access.

The Committee then heard the views of Cllr Pip Ridout, the local Member, who endorsed the views expressed by the Town Mayor.  She expressed her appreciation at constructive negotiations that had been taking place with the applicant and hoped that these would continue in order to resolve outstanding issues.  

After discussion, which included an amendment to the summarised NHS planning obligation listed within point no.10 below, on the proposal of the Chairman, which was seconded by Cllr Andrew Davis,

Resolved: 

To grant outline planning permission subject to the planning conditions  ...  view the full minutes text for item 31.

A report by the Case Officer is attached.

Public Participation

Ms Jennie Brooks, representing Calne SOS, spoke in opposition to the application.

Mr John Barnes, a local resident from Derry Hill, spoke in opposition to the application.

Ms Avril Porter, a local resident, spoke in opposition to the application.

Cllr Glenis Ansell, Calne Town Mayor, spoke in support of the application.

Cllr Jim Cook, Vice-Chairman, Calne Without 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. He explained that a suite of five planning applications at Lower Compton and Sands Farm was for consideration and these set out proposals to manage waste and minerals in a way which addressed concerns raised by the Planning Authority and the local community during the determination of the previous planning application ref: 14/09744/WCM. The applications under consideration needed to be considered by this Committee as they involved matters of strategic significance that had previously been considered by this Committee and that had raised matters of public interest that had been contested both at appeal and in the Courts.

The purpose of the report was to assess the merits of the proposal against the policies of the Development Plan and other material considerations and to consider a recommendation that planning permission be granted subject to conditions and the completion of a planning obligation under Section 106 of the Planning Acts to address highway matters.

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 Alan Hill, the local Member, who explained that following consultations with the applicant which had lasted seven years, he was very pleased to report that with the proposal to build a relief road, the subject of this application, much of the local opposition had disappeared although it was appreciated that Calne Without Parish Council and residents living in that area were not happy with the suggested proposal as they considered that the increased amount of traffic would be passing through the outskirts of Calne and surrounding area rather than through the centre of Calne.  Cllr Hill was very pleased that the building of the relief road would lead to an improvement of the air quality in Calne which had been a concern for a considerable time.

During discussion it was suggested that the site was not suitable for a strategic facility to cover all parts of Wiltshire taking into account the infrastructure and inadequate road network. Some concern was also expressed at the effect the increased volume of traffic would have on residents living on the outskirts of Calne, especially Derry Hill and the parish of Calne Without.

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

Resolved:

To grant planning permission, subject to the completion of a planning obligation within six months of the date of the  ...  view the full minutes text for item 32.

A report by the Case Officer is attached.

The Committee received a presentation by the Case Officer which set out the issues in respect of the application with a recommendation that planning permission be granted, subject to conditions and the completion of a planning obligation under Section 106 of the Planning Acts to address highway matters.

Members then had the opportunity to ask technical questions.

After some discussion, on the proposal of Cllr Tony Trotman, which was seconded by Cllr Andrew Davis,

Resolved:

To grant planning permission, subject to the completion of a Section 106 agreement within six months of the date of the resolution of this Committee to provide a Traffic Management Plan and subject to the following conditions:-

1)         The development hereby permitted shall begin not later than 3 years from the date of this decision. Written notification of the date of commencement shall be sent to the Local Planning Authority within 7 days of such commencement.

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 and completed in all respects strictly in accordance with the following approved plans and as stipulated in the conditions set out below together with those further details required to be submitted for approval:

·         Drawing No: 18546-1000-002 - Site Plan - dated Aug 2017

·         Drawing No: CA-13-08 Sheet 1 - Existing Calne Factory Plan and Elevations – dated 10.10.13

·         Brunel Surveys Ld drawing titled ‘South East Elevation’ dated April 2017

·         Drawing No: D2515 L.200 A - Combined Landscape and Ecological Mitigation & Enhancement Arrangement Plan – Sheet 1 of 3 - dated Sep ‘17

·         Drawing No: D2515 L.201 A - Combined Landscape and Ecological Mitigation & Enhancement Arrangement Plan – Sheet 2 of 3 dated Sep ‘17

·         Drawing No: D2515 L.202 A - Combined Landscape and Ecological Mitigation & Enhancement Arrangement Plan – Sheet 3 of 3 dated Sep ‘17

REASON:      For the avoidance of doubt and in the interests of proper planning.

3)         The use shall not commence until the construction of the HGV Relief Road permitted under application reference 17/10550/WCM has been completed. No other access shall be used by traffic entering or leaving the site.

REASON:      To ensure that the access is brought into use before any other part of the development proposals are commenced in the interests of highway safety and safeguarding local amenity and to ensure that the development that takes place substantially accords with the development that was the subject of Environmental Impact Assessment.

4)         The use shall not commence until details of a sign[s], advising drivers of vehicle routes to be taken upon exiting the site, have been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details with the sign[s] being erected and thereafter maintained at the site exit for the duration of the development hereby permitted.

REASON:      In the interests of highway safety and safeguarding local  ...  view the full minutes text for item 33.

A  report by the Case Officer is attached.

The Committee received a presentation by the Case Officer which set out the issues in respect of the application with a recommendation that planning permission be granted, subject to conditions and the completion of a planning obligation under Section 106 of the Planning Acts to address highway matters.

Members then had the opportunity to ask technical questions.

After some discussion, on the proposal of Cllr Tony Trotman, which was seconded by Cllr Andrew Davis,

Resolved:

To grant planning permission, subject to the completion of a Section 106 agreement within six months of the date of the resolution of this Committee to provide a Traffic Management Plan and subject to the following conditions:-

1)         The development hereby permitted shall begin not later than 3 years from the date of this decision. Written notification of the date of commencement shall be sent to the Local Planning Authority within 7 days of such commencement.

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 and completed in all respects strictly in accordance with the following approved plans and as stipulated in the conditions set out below together with those further details required to be submitted for approval:

·         Drawing No: 18769-10000-001 Location Plan dated Aug 2017

·         Drawing No: HILLS/1011-DWG-003 – Existing Site Layout – dated 11-08-2011

·         Drawing No: HILLS/1011-DWG-004 – Existing MRF Building Plans, Elevations and Section – dated 09-08-2011

·         Drawing No: HILLS/1011-DWG-010-REVE – Combined Landscape and Ecological Mitigation Plan – dated June 2011

·         Drawing No: HILLS/1011-DWG-012-REVF – Combined Landscape and Ecological Masterplan – dated June 2011

·         Drawing No: A094007-SK005 – Proposed Site Access Improvements and Footway Provision - dated 20.01.2017

REASON:      For the avoidance of doubt and in the interests of proper planning.

3)         The use shall not commence until the construction of the HGV Relief Road permitted under application reference 17/10550/WCM has been completed. No other access shall be used by traffic entering or leaving the site.

REASON:      To ensure that the access is brought into use before any other part of the development proposals are commenced in the interests of highway safety and safeguarding local amenity and to ensure that the development that takes place substantially accords with the development that was the subject of Environmental Impact Assessment.

4)         The use shall not commence until details of a sign[s], advising drivers of vehicle routes to be taken upon exiting the site, have been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details with the sign[s] being erected and thereafter maintained at the site exit for the duration of the development hereby permitted.

REASON:      In the interests of highway safety and safeguarding local amenity

5)         The total tonnage of waste delivered to and processed at the Waste Transfer Station shall not exceed 75,000 tonnes in any twelve month period.

REASON:      To ensure that  ...  view the full minutes text for item 34.

A report by the Case Officer is attached.

The Committee received a presentation by the Case Officer which set out the issues in respect of the application with a recommendation that planning permission be granted, subject to conditions and the completion of a planning obligation under Section 106 of the Planning Acts to address highway matters.

Members then had the opportunity to ask technical questions.

After some discussion, on the proposal of Cllr Tony Trotman, which was seconded by Cllr Andrew Davis,

Resolved:

(A)         Application 17/10539/WCM

To grant planning permission, subject to the completion of a Section 106 agreement within six months of the date of the resolution of this Committee to provide a Traffic Management Plan and subject to 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)         Written notification of the date of commencement shall be sent to the Mineral Planning Authority within seven days of such commencement.

Reason:        To enable the Mineral Planning Authority to monitor the operations and to ensure           compliance with this permission.

3)         The extraction of sand shall cease on or before 24^th May 2029.

Reason:        To ensure that the development is carried out in accordance with the approved details.

4)        The tipping/deposit of waste material and restoration operations shall cease on or before 24 May 2042.

Reason:        To ensure that the development is carried out in accordance with the approved details.

5)         The working, restoration and aftercare of the site shall be carried out only in accordance with Drawings Nos. 6304-5000-001 RRC Landfill Restoration Pre Settlement and 6304-5000-002 RRC Landfill Restoration Post Settlement.

Reason:        To enable the Mineral Planning Authority to adequately control the development and minimise its impact on the amenities of the local area.

6)         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending, replacing or re-enacting that Order) no fixed plant or machinery, buildings and structures shall be erected, extended, installed, re-arranged, replaced, repaired or altered at the site without planning permission from the Mineral Planning Authority.

Reason:        To enable the Mineral Planning Authority to adequately control the development and minimise its impact on the amenities of the local area.

7)         No topsoil, subsoil or overburden shall be exported from the site.

Reason:        To ensure the satisfactory restoration of the site.

8)         Except in emergencies to maintain safe quarry working (which shall be notified to the Mineral Planning Authority in writing within seven days) no mineral extraction operations, including vehicles entering or leaving the site, shall be carried out at the site except between the times:-

            07.00 hours and 20.00 hours Monday to Friday;      

And

07.00 hours to 13.00 hours Saturday;

No operations shall be carried out at any time on Sundays or Bank or Public Holidays.

Reason:        In the interests of local amenity.

9)         Except  ...  view the full minutes text for item 35.

To note that the next scheduled meeting of this Committee is due to be held on Wednesday 18 July 2018, in the Council Chamber at County Hall, Trowbridge, starting at 10.30am.

Resolved:

To note that the next scheduled meeting of this Committee was due to be held on Wednesday 18 July 2018, in the Council Chamber at County Hall, Trowbridge, starting at 10.30am.

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.