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Agenda and minutes

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

Contact: Roger Bishton  Democratic Services Officer

Items
No. Item

1.

Apologies for Absence

Minutes:

An apology for absence was received from Cllr Christopher Newbury.

2.

Minutes of the Previous Meeting

To confirm the minutes of the previous meeting held on 11 December 2013. (Copy attached)

Supporting documents:

Minutes:

Resolved:

 

To confirm and sign as a correct record the minutes of the previous meeting held on 11 December 2013.

3.

Declarations of Interest

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

 

Minutes:

Cllrs Glenis Ansell and Tony Trotman declared non-pecuniary interests in application nos. N/13/01610/WCM – Extension to Condition 9 of N/88/1828 – retention of Concrete Products Factory, Sands Farm Quarry, Sand Pit Lane, Calne, SN11 8TJ and N/12/0438/OUT – Marden Farm, Rookery Park, Calne, SN11 0LH, by virtue of being members of Calne Town Council, but would speak and vote on each item, considering each on its merits.

 

Cllr Nick Watts declared a non-pecuniary interest in application no. N13/01747/FUL – Hunters Moon, Eastern Lane, Chippenham, SN14 0RW by virtue of being a member of Chippenam Town Council, but would speak and vote on the item, considering the item on its merits.   

4.

Chairman's Announcements

Minutes:

The Chairman explained that this meeting was being held at Monkton Park, Chippenham because all the items under consideration were in respect of applications from the north of the County.  However, he announced that normally meetings of this Committee would be held at County Hall, Trowbridge.

 

 

5.

Public Participation and Councillors' Questions

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 no later than 5pm on Wednesday 15 January 2014. 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:

Questions were asked by members of the public and responses given as follows:-

 

Question from Mrs Anne Henshaw  North Wiltshire and Swindon CPRE

Interpretation of 'cumulative impact' of multiple solar-farm developments.

Paragraph 97 of the NPPF calls for authorities to ensure that adverse impacts of renewable and low-carbon developments are addressed satisfactorily, including cumulative landscape and visual impacts.   There are now ten solar developments proposed or permitted in an arc stretching 7.5 miles north-to-south to the east of Trowbridge. Does this Committee agree that, as part of its positive strategy to promote renewable and low-carbon sources (in accordance with NPPF para. 97), it should have a published, county-wide strategy or set of principles for siting solar arrays, and for evaluating their landscape and visual impacts, with special concern for sequential effects?

 

The example given demonstrates potential for similar scenarios throughout the county.

         

   Image of clustering of arrays

          

         Macintosh HD:Users:sandjkirkman:Desktop:Ten arrays.jpg

          

 

Response

The emerging Core Strategy encourages and promotes renewable energy installations. Core Policy 42 will apply across the County and sets out the principal factors that applications for solar farm developments will be evaluated against. These include the impact on the landscape. This policy, when taken together with national planning policy and guidance, will provide a satisfactory framework at national and local level for assessing planning applications for solar farms and other renewable energy installations.

 

Mrs Henshaw thereupon gave notice that she wished to ask a supplementary question to which the Chairman asked her to submit it in writing following which a response would be sent to her from the Committee.

 

Questions from Mr John Kirkman, Kennet CPRE

1. Determination of solar farm applications by delegated powers

The Scheme of Delegation Specific to Planning states that large-scale major developments which, by their nature (e.g. scale, location etc.) have wider strategic implications and raise issues of more than local importance shall be dealt with by the Strategic Planning Committee.   However, several applications* to develop large-scale solar arrays, all more than 2 ha, and raising the "more than local " strategic issue of cumulative impact of multiple solar developments within a limited area have been determined under delegated powers.

Why did the Council not follow its own Constitution and determine these applications in the Strategic Planning Committee?

            * For example: 13/01962 Heywood 12.2ha, 13/01561 Brokenborough Malmsbury 7.45ha, 13/02309          Coulston 16.6ha, 13/01311 Allington 27ha.   13/05244 Poulshot is 32.2ha.

 

Response

The Council carefully considers each planning application on its own merits and deals with them in accordance with its constitution. The Council has determined a number of planning applications for solar arrays in different parts of the county, but none of these have had any wider strategic implications or raised issues of more than local importance. Local parish councils have been increasingly engaged at both pre-application and application stages, ensuring that local views are taken into account.

 

Mr Kirkman thereupon gave notice that he wished to ask a supplementary question to which the Chairman asked him to submit it in writing following which a response would  ...  view the full minutes text for item 5.

6.

N/13/01610/WCM - Extension to Condition 9 of N.88/1828 - Retention of Concrete Products Factory) Sands Farm Quarry, Sand Pit Road, Calne, SN11 8TJ for Aggregate Industries Ltd.

A report by the Case Officer is attached.

Supporting documents:

Minutes:

The following people spoke against the proposal:

 

Ms Luisa Crook, representing Sandpit Road Residents’ Association

Mrs Anne Henshaw, representing Sandpit Road Residents’ Association and North Wiltshire & Swindon CPRE 

 

The following spoke in favour of the proposal:

 

Mr John Penny, representing the applicant

 

 

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

main issues in respect of the application. He introduced the report which

recommended that the planning application be approved, subject to completion of a variation of the legal agreement attached to N/88/1828 and conditions.

 

Members of the Committee then had the opportunity to ask technical questions after which the Committee received statements from members of the public as detailed above, expressing their views regarding the planning application.

 

Members then heard the views of Cllrs Alan Hill and Tony Trotman, local

Members, both of whom considered that the hours of operation of the site should be limited to the hours agreed for lorry movements to and from the site. 

 

After discussion, during which several Members did not consider that conditions should be imposed on the hours of operation of the site, 

 

Resolved:

 

That, subject to completion of a variation of the legal agreement attached to N/88/1828 dated 2 February 1989, planning permission be granted subject to the following conditions:-

 

1.         The development should be carried out in accordance with the submitted Plan Nos 8831/01 and 8831/02 and accompanying statement dated 15th June 1988.

Reason:        To define the nature and extent of the development permitted.

2.         All vehicular access and egress to and from the site shall be from Sandpit Road and the junction with Oxford Road. No other access shall be used by vehicles entering or exiting the site.

Reason:        In the interests of highway safety and safeguarding local amenity.

Policy:           MDC8 of the Wiltshire and Swindon Minerals Development Control Policies DPD

 

 

3.         No commercial vehicle shall leave the site unless its wheels and underside chassis are clean to prevent materials, including mud or other detritus, being deposited on the public highway.

 

Reason:        In the interests of highway safety and safeguarding local amenity.

Policy:           MDC8 of the Wiltshire and Swindon Minerals Development Control Policies DPD

4.         The measures detailed in the Environmental Noise and Dust Control Scheme prepared by Advance Environmental dated 10 October 2013 shall be implemented in full from the date of this permission and shall be complied with at all times.

Reason:        To protect the amenities of the locality from the effects of any noise or dust arising from the development.

Policy:           MDC2 of the Wiltshire and Swindon Minerals Development Control Policies DPD

5.         The storage of finished products in the stock yard shall not exceed 3 metres in height.

Reason:        To safeguard the amenities of the area.

Policy:           MDC1 of the Wiltshire and Swindon Minerals Development Control Policies DPD

6.         The building and products stock yard hereby permitted shall be removed, the use thereof shall be discontinued and the land reinstated to its former condition at or before 30 November 2022  ...  view the full minutes text for item 6.

7.

N/13/01916/WCM - Retention of existing compost facility, access & increase in throughput at Parkgate Farm Waste Management Facility, Purton, SN5 4HG for Hills Waste Solutions Ltd.

A report by the Case Officer is attached.

Supporting documents:

Minutes:

The following people spoke against the proposal:

 

Dr Richard Pagett, representing Purton Ps & Qs

Cllr John Coole, representing Cricklade Town Council

 

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

main issues in respect of the application. He reported that the Applicant had submitted an appeal in respect of the application on the grounds of non-determination, that is the Council’s failure to determine the application by the agreed date of 13 November 2013. He explained that as a consequence no formal decision could be made by the Council in respect of this application.  However, in order to progress with the appeal and in light of the call-in request, Officers now sought the opinion of the Committee in respect of the application had they been in a position to determine it and on what grounds the Committee wished to contest the scheme at appeal, if at all.

 

Members of the Committee then had the opportunity to ask technical questions after which the Committee received statements from members of the public as detailed above, expressing their views regarding the planning application.

 

Members then heard the views of Cllr Jacqui Lay, the local Member, who considered that the appeal should be defended. 

 

After discussion,

 

Resolved:

 

(1)       To agree that had the Council been in a position to determine the application, the Committee would have been mindful to refuse planning permission for the following reasons:-

 

1.     Insufficient information has been submitted to demonstrate that the increase in throughput of green waste managed at the site can be done so without causing adverse off-site odour impact.  The application is not supported by a detailed odour impact assessment. The omission of an assessment of the impacts relating to odour is contrary to the provisions of Policy WDC2 of the Waste Development Control Policies DPD.

 

2.    Insufficient information has been submitted to demonstrate the proposals facilitate sustainable transport by mitigating or compensating for any adverse impact on the safety, capacity and use of the highway network or minimises transportation distances. The omission of an assessment of the impacts relating to the transportation of waste is contrary to the requirements of Policy WDC2 and Policy WDC11 of the Waste Development Control Policies DPD.

 

(2)          To authorise the Officers to contest the appeal on these grounds.

 

8.

N13/01747/FUL - Hunters Moon, Easton Lane, Chippenham, SN14 0RW

A report by the Case Officer is attached.

Supporting documents:

Minutes:

The following people spoke against the proposal:

 

Mr Paul Martin, a local resident

Cllr Peter Pearson, representing Corsham Town Council

 

The following spoke in favour of the proposal:

 

Mr Lawrence Turner, planning consultant, representing the applicant

Mr Nick Puntis, a local resident

Cllr Linda Packard, representing Chippenham Town Council

 

 

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

main issues in respect of the application. He introduced the report which

recommended that the planning application be approved, subject to all parties entering into a Section 106 legal agreement and planning conditions.

 

Members of the Committee then had the opportunity to ask technical questions after which the Committee received statements from members of the public as detailed above, expressing their views regarding the planning application.

 

Members then heard the views of Cllr Peter Whalley, the local Member, objecting to the proposal on the grounds that the application site was not identified in the draft Wiltshire Core Strategy as a site for strategic development and considered that a decision on the current planning application should be deferred until strategic development sites had been identified.

 

Cllr Peter Hutton, an adjoining local Councillor, spoke in favour of the application, which although technically was situated within the Corsham Town Constituency was in reality much closer associated with Chippenham.   

 

After discussion, during which several Members considered that the application site should be limited to a maximum of 450 homes and that a standard archaeological condition should be included, 

 

Resolved:

 

Subject to all parties entering into an agreement under s106 of The Act (as amended) in relation to the following matters:

·         The delivery of affordable housing

·         The delivery and maintenance of on-site play and public open space

·         The delivery of site access works, cycleways, off-site works including works to Pheasant roundabout, and provision of new bus to allow dedicated service to run through the site

·         The delivery of costs associated with proposed Travel Plan

·         The delivery of a contribution towards strategic highways works

·         The delivery of 1.2 hectare of land for the provision of a single-form entry primary school

·         The delivery of a contribution towards local education provision

 

to delegate to the Area Development Manager to grant planning permission, subject to the following conditions:-

 

1.     The detailed element (ie. the part of the site befitting from full planning permission) of 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.     The outline element of 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  ...  view the full minutes text for item 8.

9.

N/12.0438/OUT - Marden Farm, Rookery Park, Calne, SN11 0LH - Update

A report by the Case Officer is attached.

Supporting documents:

Minutes:

The following people spoke against the proposal:

 

Mr Alistair Cone, a local resident

Mrs Anne Henshaw, representing North Wiltshire & Swindon CPRE

Mr Paddy O’Keeffe, a local resident

Cllr Derek Warnett, representing Calne Town Council

 

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

main issues in respect of the application.  He reported that this application had been previously refused planning permission by Strategic Planning

Committee on 30th July 2013. The applicants had subsequently lodged an appeal and a Public Inquiry was scheduled to take place week commencing 24th February 2014.

 

The Inspector’s tenth procedural letter (2nd December 2013) to the Wiltshire Core Strategy had changed the context within which this application should be considered and impacted upon the reasons for refusal. The Inspector had suggested that the Core Strategy housing requirement should be increased by 5,000 to 42,000 homes in Wiltshire and it is currently unclear what impact this would have on the number of homes planned for Calne and the North and West Housing Market Area. This Committee was therefore being requested to consider the approach to the conduct of this appeal.

 

Members of the Committee then had the opportunity to ask technical questions after which the Committee received 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, a local Member, who did not support the development on the grounds that:

 

·                He did not consider that the development was necessary bearing in mind that as at present only an additional 170 houses were needed in Calne until 2026, according to the current allocation.

 

·                He was concerned that such a development would result in a further increase in air pollution which currently exceeded the Government’s recommended levels by 50%.

 

Officers advised the Committee that it would not be possible for the Committee to advance any further reasons for opposing the application but that individual people were at liberty to attend the public enquiry and put forward their own reasons why the appeal should be dismissed.

 

After discussion,

 

Resolved:

 

To agree that the Council offer no defence at the forthcoming appeal and invite the applicant to resubmit the application to the Council for reconsideration, in the context of the recent comments made by the Core Strategy Inspector. 

 

(Note:  Cllr Terry Chivers requested that his vote against the Motion be recorded.)

10.

Date of Next Meeting

To note that the next meeting is due to be held on Wednesday 12 February 2014 in the Council Chamber at County Hall, Trowbridge, starting at 10.30am.

Minutes:

Resolved:

 

To note that the next meeting was due to be held on Wednesday 12 February 2014 in the Council Chamber at County Hall, Trowbridge, starting at 10.30am.

11.

Urgent Items

Any other items of business which, in the opinion of the Chairman, should be considered as a matter of urgency.  Urgent items of a confidential nature may be considered under Part II of this agenda.  

Minutes:

There were no items of urgent business.