Agenda and minutes

To receive any apologies or substitutions for the meeting.

Apologies were received from Cllr Tony Trotman and Cllr Pip Ridout.  Cllr Ridout was substituted by Cllr Bridget Wayman.

To approve and sign as a correct record the minutes of the meeting held on 15 June 2022.

The minutes of the meeting held on 15 June 2022 were presented for consideration, and it was,

Resolved:

To approve and sign the minutes as a true and correct record.

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

The Chairman noted the constitutional guidance to Members on determination of items considered by the Committee.

There were no declarations of interest.

To receive any announcements through the Chair.

The Chairman made the following announcements:

1)    Going forward all meetings of the Strategic Planning Committee and the Western Area Planning Committee will be streamed and recorded to take advantage of the new AV system.

2)    Explained the process in the event of a fire alarm, requested that everyone turn their phones and laptops to silent during the meeting and indicated that comfort breaks would be taken throughout the meeting as and when needed.

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 no later than 10.20am on the day of the meeting. If it is on the day of the meeting registration should be done in person.

The rules on public participation in respect of planning applications are linked to in the Council’s Planning Code of Good Practice. Due to public interest in the application to be considered and as an exception, the Chairman will allow up to 6 speakers in favour and up to 6 speakers against the application. Each speaker will be given up to 3 minutes and invited to speak immediately prior to the item being considered. Representatives of Parish Councils are included separately in the speaking procedure, please contact the officer listed for details.

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 20 July 2022 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 22 July 2022. 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.

The procedure for public speaking was detailed. It was noted that the Chairman had exercised discretion available under the proscribed procedure to double the number of slots for objecting and supporting members of the public.

The Committee’s exercising of the role of local Planning Authority and need to follow local and national planning policy was noted.

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

A written update on appeals received between 8 April 2022 and 15 July 2022 was received from the Head of Development Management.

The Committee heard from Francis Morland who reported that the officer recommendation for the Drynham Lane, Trowbridge entry should have been recorded as ‘Refused with Reasons’ rather than ‘Approve with Conditions’ as agreed by the Committee at a previous meeting.

The Head of Development Management acknowledged the matter and confirmed that this would be corrected in the minutes for this meeting.

Cllr Adrian Foster commented on minutes from the Committee’s meeting held on 15 June 2022 and asked if the Committee could receive an update on the latest position in relation to the 5 year housing land supply. The Head of Development Management confirmed that a report could be prepared for consideration at a future meeting of the Committee.

Amended energy from waste facility to that consented under planning permission 18/09473/WCM

Public Participation

Dr Andrew Murrison MP, South-West Wiltshire, spoke in objection to the application.

Lorraine Alford spoke in objection to the application.

Lynn Roberts, Arla Foods, spoke in objection to the application.

Ian Cunningham, local resident, spoke in objection to the application.

Bill Jarvis, Wiltshire Climate Alliance, spoke in objection to the application.

Jane Russ, local resident, spoke in objection to the application.

David Jenkins spoke in objection to the application.

Cllr Mike Sutton, Westbury Town Council, spoke in objection to the application.

Karin Elder, North Bradley Parish Council, spoke in objection to the application.

The Chairman set out the background to the Committee’s previous consideration of the planning application and decisions taken on 22 June 2021 and 20 April 2022, along with relevant detail set out in the report. He reminded the Committee that issues considered by the Committee at previous meetings should not be revisited at this meeting.

Andrew Guest, Head of Development Management, presented a report which recommended that the Committee delegate authority to the Head of Development Management to inform the Planning Inspectorate that had Wiltshire Council still been the deciding authority that it would have granted planning permission, subject to conditions, for the Northacre Energy from Waste Facility, Stephenson Road, Northacre Industrial Estate, Westbury.

In addition, the report highlighted the following:

·       Two further new material considerations since 20 April 2022, being the implementation of planning permissions 8/9473/WCM for an ‘Advance Thermal Treatment Facility’ at the site and 19/02481/FUL for an ‘underground grid connection’; and an Environmental Permit being issued;

·       Details of an appeal against non-determination;

·       Responses to reasons for deferral agreed at the Committee meeting on 20 April 2022;

·       Traffic impacts of the development in light of the Bath Clean Air Zone and its implications on traffic levels on the A350 (in particular through Westbury); and

·       Counsels’ opinion on the officers report and recommendation.

Officers reminded the Committee that any changed circumstances and new material considerations since the Committee meeting in June 2021 were addressed in the April 2022 report and this report. The Head of Development Management explained that this report focussed on questions raised by the Committee in April 2022 and on further new considerations since then. He was very clear in advising the Committee that for the reasons set out in the report, there had been no changes that should lead the Committee to conclude differently in its assessment of the application, accordingly, the Committee was recommended to endorse its original decision to grant planning permission subject to conditions, as highlighted above.

The Committee were informed that in view of the appeal against non-determination, the Council is no longer the decision-making authority for the application. By appealing, the applicant had passed this responsibility to the Secretary of State (administered by the  Planning Inspectorate), and this was reflected in the officer recommendation.

It was also explained that a number of further representations had been received since publication of the agenda, all in objection, and the Head of Development Management responded to the main  ...  view the full minutes text for item 107.

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.