Agenda and minutes

To receive any apologies or substitutions for the meeting.

 Apologies for absence were received from Cllr Derek Brown OBE who was substituted by Cllr Matthew Dean and Cllr David Jenkins who was substituted by Cllr Ruth Hopkinson.

To approve and sign as a correct record the minutes of the meeting held on 7 November 2018. (Copy attached)

Resolved:

To confirm and sign the minutes of the previous meeting held on 7 November 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.

The Chairman reported that the following applications were due to be considered at the next meeting of this Committee on Wednesday 23 January 2019:-

Planning Application No. 18/09473/WCM –

Northacre Renewable Energy, Stephenson Road, Westbury, BA13 4WD

Consequently, it was considered that it would be beneficial for a site visit to be held prior to the meeting and it was suggested that this should take place on Monday 21 January 2019 at 10.30am.  Members of the Committee supported this proposal.   It was noted that Cllrs Russell Hawker, Gordon King, Jerry Wickham and Toby Sturgis would be invited to attend the site visit and furthermore, that  representatives from the Environment Agency and Public Health be requested to send representatives to the committee meeting on 23 January 2019.

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 28 November 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 30 November 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. The purpose of the report was to consider the details of the reserved matters and to consider the recommendation that planning permission be granted, subject to conditions.  It was noted that the original outline permission had been approved by this Committee.

Members then had the opportunity to ask technical questions after which they heard statements from members of the public as follows:-

Dr Horst & Mrs Mareile Feldman, who spoke against the proposal

Mr Peter Roberts, the applicant’s agent, who supported the proposal

Cllr Alan Baines, representing Melksham Without Parish Council, expressed serious concerns with regard to the design and bulk of the proposed apartment block in the north west corner of the site and the detrimental effect this would have on the setting of the listed buildings to the south.  The Parish Council wished to engage with the applicant regarding these and other concerns.

Members then heard the views of Cllr Roy While and Cllr Jon Hubbard, the local Members.   Cllr Roy While considered that whilst he supported the proposed positioning of the houses, including the proposed three storey apartment block in the north west corner of the site, he shared the concerns of the Parish Council regarding the building of the community hall and the management of the play areas.

Cllr Jon Hubbard expressed particular concern about the siting of the three storey apartment block which he considered was too close to neighbouring properties and would infringe upon them. He was concerned upon the apartment block’s impact upon the Grade II Listed Buildings.

During discussion, Members expressed the hope that the developer would have a meaningful dialogue with both Melksham Town Council and Melksham Without Parish Council regarding outstanding concerns. Members also requested the inclusion of a condition requiring a method statement.

On the proposal of Cllr Matthew Dean, which was seconded by Cllr Fred Westmoreland,

Resolved:

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

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.  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 the application be approved, subject to conditions.

Members then had the opportunity to ask technical questions after which they heard statements from members of the public as follows, expressing their views concerning the application:-

Mr Tony Phillips, the applicant’s agent, in support of the application

Cllr Mike Hayday, representing Whiteparish Parish Council objecting to the proposal. 

Members then heard the views of Cllr Richard Britton, the local Member, who set out his objections to the proposal.  He stated that the original application was approved on a personal basis to the applicant (Mr Clarke) who had now moved with his family and therefore the current application should be refused on the basis that the original application no longer existed and therefore a completely fresh application was required rather than a proposal to vary a condition.  Additionally, Cllr Britton considered that the proposal would represent an alien feature in the landscape.

 During discussion, Members were assured that legally there was no reason why the current application before the Committee should be considered as irregular.  Members considered that the landscaping of the site should be maintained and allowed to grow.

On the proposal of Cllr Fred Westmoreland, which was seconded by Cllr Tony Trotman, 

Resolved:

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

1. The use and occupation of the land hereby permitted shall be carried on only by Mr Jimmy Gammell, his wife and their resident dependants.

Reason: To define the scope of the consent and to enable the local planning authority to maintain control over the occupation of the site.

2. When the land ceases to be occupied by those named in condition 1) above the use hereby permitted shall cease and all caravans, structures, materials and equipment brought onto or erected on the land, or works undertaken to it in connection with the use, shall be removed and the land shall be restored to its condition before the development took place.

Reason: To ensure the restoration of the site upon the cessation of the use hereby authorised.

3. No more than 2 caravans, as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968, as amended, (of which no more than one shall be a static caravan/mobile home) shall be stationed on the land at any time.

Reason: In the interests of amenity and the character of the surrounding landscape.

4. No vehicle over 3.5 tonnes shall be stationed, parked or stored on the land.

Reason: In the interests of amenity and the character of the surrounding landscape.

5. No commercial activities shall take place on the land, including the storage of materials.

Reason: In the interests of amenity and the character of  ...  view the full minutes text for item 73.

To note that the next meeting of this Committee is due to be held on Wednesday 23 January 2019 at County Hall, Trowbridge, starting a 10.30am.

Resolved:

To note that the next meeting of this Committee would be held on Wednesday 23 January 2019 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 urgent items of business.