Agenda and minutes

To receive any apologies or substitutions for the meeting.

An apology for absence was received from Councillor Fred Westmoreland.

To consider the minutes of the meeting held on 23 October 2013.

The minutes of the meeting held on 23 October 2013 were presented for consideration. It was,

Resolved:

That subject to the alteration of ‘Councillor Christopher Newbury requested his objection to the approval for scheme A be recorded’ to ‘Councillor Christopher Newbury requested his vote against the approval for scheme A be recorded’ under Minute 46, to APPROVE as a true and correct record and sign the minutes.

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

Councillors Tony Trotman and Glenis Ansell declared a non-pecuniary interest in application 13/03187/WCM: Units 3 to 5, 2 Porte Marsh Road, Calne, Wiltshire, SN11 9BN, by virtue of being members of Calne Town Council, but would speak and vote on the item, considering the item on its merits.

To receive any announcements through the Chair.

There were no 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 in person no later than 10.20am on the day of the meeting.

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. The rules on public participation in respect of planning applications are detailed in the Council’s Planning Code of Good Practice.

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 (acting on behalf of the Director of Resources) no later than 5pm on Wednesday 4 December 2013. 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 rules on public participation were noted.

To determine the following planning applications:

Public Participation

Cllr Heather Canfer, Calne Town Council, spoke in objection to the application.

The Area Development Manager presented the report which recommended that permission for the variance to condition 5 to permit loading outside of the building on the site be granted. The original permission was granted in September 2011, and the key issues were stated to include the impact on residential amenity and the local environment and the reasons for imposing the initial condition.

Members of the Committee then had the opportunity to ask technical questions of the officer. Details were sought on whether additional conditions could be altered or added, and it was confirmed that it could be done only if the additions and alterations were in relation to the changes being requested. In response to queries it was stated that there was no fencing around the site, and that throughput had increased significantly since the original permission was granted, with the applicants stating health and safety concerns necessitated the changing of condition 5 as a result.

Members of the public then had the opportunity to present their views to the Committee, as detailed above.

Councillor Alan Hill, a Unitary Member for Calne, then spoke in objection to the application, drawing attention to the presence of nearby schools and homes which would be affected by the movement of activities outside the confines of the building.

The Local Member, Councillor Glenis Ansell, then spoke in objection to the application, noting concerns of activities spilling out on pavements and increased traffic movements in the area.

A debate followed, where members considered whether the reasons for imposing the original condition 5 were still valid in light of the changed circumstances of the facility, and if the proposed new condition was satisfactory in addressing concerns. Whether the Health and Safety concerns from increased throughput were sufficient to justify permitting the loading of vehicles outside was debated, along with the details of how any unloading would take place.

At the end of discussion, it was,

Resolved:

To REFUSE the application for the following reason:

The variation of condition 5 as requested would permit loading of vehicles by forklifts to take place outside of the building. The building is located close to nearby residential properties and this change in operation would create an unacceptable increase in noise pollution and litter, to the detriment of the amenity of nearby residential properties.  This would conflict with policy WDC 2 of the Wiltshire & Swindon Waste Development Control Policies Development Plan Document, that seeks to avoid adverse impacts from waste management development.

Councillor Terry Chivers requested that his vote against the refusal be recorded.

Public Participation

Mr Paul Fong, agent, spoke in support of the application.

The Planning Officer introduced the report which recommended permission be refused. The application was stated to be a hybrid application, containing aspects which were outline and others with full detail. Key issues were stated to include the principal of the development, the effect on listed buildings, sustainability and design.

Members of the Committee then had the opportunity to ask technical questions of the officer. Details were sought regarding the views of Kemble Parish Council, and whether the site had been identified specifically for employment uses with the emerging Core Strategy or other policies, which it was confirmed was not the case.

Members of the public then had the opportunity to present their views to the Committee, as detailed above.

The Local Member, Councillor Chuck Berry, then spoke to the application, noting the need to balance the concerns of officers and some residents against the benefits the proposal brought.

A discussion followed, where the scale of the proposed developments over existing buildings was assessed, along with the suitability of transport arrangements for the business park, the prominence of the proposed development on a Greenfield site and whether they enhanced the setting or character of the listed hangers on the site.

At the conclusion of debate, it was,

Resolved:

To REFUSE the application for the following reasons:

1)    The proposal is located within open countryside and on a Greenfield site within a former MoD site. The proposals are not considered to be limited expansion or redevelopment of an existing premises; are not well related to any existing settlements and are considered to be remote, involving development of an open area. The proposals are thus considered to conflict with policies BD5 and NE20 of the North Wiltshire Local Plan 2011 and Wiltshire Core Strategy Policy 37.

2)    The proposals lack sufficient detail to ensure that they preserve or enhance the setting of the Grade II listed hangars on site and are thus contrary to Policy HE4 of the North Wiltshire Local Plan 2011, Wiltshire Core Strategy Policy 58, section 12 of the National Planning Policy Framework 2012 and the guidance given in S.16(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990.

3)    The proposals are set within an open landscape and of a scale, massing and design that is considered to have a detrimental impact on the “special” character of the area and its openness, causing the built form to coalesce, contrary to policy NE15 of the North Wiltshire Plan 2011, Wiltshire Core Strategy Policy 51 and Section 11 of the National Planning Policy Framework 2012 on conserving and enhancing the natural environment.

4)    The proposal is sited within a remote location with poor public transport facilities and the sustainability proposals put forward by the applicants are considered to be insufficient to outweigh the harm caused and thus the development is considered to be contrary to Policies T1 and T2 of the North Wiltshire Local Plan 2011 together with  ...  view the full minutes text for item 55.

To confirm the date of the next scheduled meeting as 22 January 2013 in the Kennet Room, County Hall, Trowbridge.

The date of the next meeting was confirmed as 22 January 2014