Agenda and minutes

To receive any apologies or substitutions for the meeting.

Apologies for absence were received from Councillors Christopher Newbury, Terry Chivers and Glenis Ansell.

Councillor Chivers was substituted by Councillor Ernie Clark.

Councillor Ansell was substituted by Councillor Howard Marshall.

To consider the minutes of the meeting held on 18 June 2014.

The minutes of the meeting held on 18 June 2014 were presented for consideration and it was,

Resolved:

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.

There were no declarations.

To receive any announcements through the Chairman.

Attention was drawn to the late list of observations presented at the meeting, to be attached as an agenda supplement.

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 9 July 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.

There were no questions or statements submitted.

Public Participation

Mr John Masson spoke in objection to the application.

Mr Jon le Galloudec spoke in objection to the application.

Mr Daniel McGinn spoke in objection to the application.

Mr Lindsay Holdoway, applicant, spoke in support of the application.

Mr Len Turner spoke in support of the application.

Mr Chris Beaver, agent, spoke in support of the application.

Cllr Francis Morland, Heywood Parish Council, spoke in objection to the application.

The Senior Planning Officer presented their report which recommended that the application be delegated to the Area Development Manager to approve permission, subject to the completion of a section 106 legal agreement and prior advising the Secretary of State of the intention of grant permission, owing to the application being a departure from the policies of the adopted development plan.

It was stated the other sites that had been considered had not been judged to be sufficient for the purposes of improving employment needs identified in the emerging Wiltshire Core Strategy for the area, and the harmful impacts to the Listed Building and its setting was not felt by officers to be significant enough to outweigh the public benefits of the application. Other key issues included highways and access impacts, impact more generally on the character and appearance of the area and local ecology.

Members of the Committee then had the opportunity then had the opportunity to ask technical questions of the officers. In response to queries on which development plan should take precedence if there was a conflict between the policies of different materially relevant plans, it was stated that in such a situation the most up to date adopted plan should be given more weight.

In response to queries on the emerging Wiltshire Core Strategy, it was stated the Planning Inspector who had been assessing the Strategy and recommended changes to the Council, had raised no concerns about the strategic employment policies with the Strategy. Clarity was also sought on the restriction of specific types of business activity on the site, and the restriction of permitted development rights so that Class B1 industrial use could not be changed to residential use without additional planning consent.

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

The Local Member, Councillor Jerry Wickham, then spoke in objection to the application, and requested that members undertake a site visit prior to any determination. Another Local Member, Councillor Gordon King, supported the suggestion of a site visit.

The legal officer then clarified for the Committee the necessary balancing exercise in how much weight to give to specific development plans, that in the absence of a neighbourhood plan, policies plans to consider were the West Wiltshire District Plan,  the emerging Wiltshire Core Strategy and the National Planning Policy Framework, there was a need first to consider the strategic importance of the application, and then at the local issues which might require more weight on more locally focused plans.

The Committee then debated  ...  view the full minutes text for item 60.

Public Participation

Mr Chris Beaver spoke in support of the application.

Cllr Francis Morland, Heywood Parish Council, spoke in objection to the application.

The Senior Planning Officer presented a report which recommended that the application be delegated to the Area Development Manager to grant permission subject to the granting of approval to application 14/03118/OUT, as the application is for a foul drainage pumping station to serve the larger Hawkeridge Business Park site. Key issues were stated to include the ecology, drainage and highways impacts, of which officers had raised no objections.

Members of the Committee then had the opportunity to ask technical questions of the officers.

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

A debate followed, where it was confirmed in response to queries that the issue of the developers having the necessary permission to access to a private piece of land for access was a civil matter for the developers to resolve. If this could not be resolved, a separate application with a different access would be required.

It was then,

Resolved:

To defer and delegate to the Area Development Manager to issue planning permission subject to the conditions and informatives below and subject to the approval of 14/03118/OUT outline application for the employment site at Hawkeridge, Westbury.

Subject to the following conditions:

Public Participation

Mr Paul Joliffe, Neil Pearson Associates, spoke in support of the application.

Mr Chris Miles, FMW Consultancy, spoke in support of the application.

The Senior Planning Officer presented a report which recommended the application be delegated to the Area Development Manager to grant permission subject to the completion of a section 106 legal agreement. Key issues were stated to include the visual, highways and environmental impact, and impact on residential amenity.

Members of the Committee then had the opportunity to ask technical questions of the officers. It was confirmed that although the site lay close to the railway line, there were no plans to move materials on or off site by rail in the future. Details were sought on the noise barrier than was to be installed for the protection of residential amenity with some concerns of intrusiveness, and it was confirmed this would be up to 6m high and any cladding could be covered by a condition. Clarity was also sought on the robustness of conditions restricting hours of operation, and whether these could be strengthened further.

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

The Local Member, Councillor Phillip Whalley, then spoke in objection to the application, highlighting traffic concerns and the scale of vehicles still permitted down narrow C roads even with a traffic order in place.

A debate followed, where the noise barrier’s proximity to a residential caravan site was raised, and whether the landscaping to shield this was sufficient to offset concerns about its impact on residential amenity. The potential impact of the site in operation as a waste transfer station was assessed, along with the impact on the road network, and the need to clarify that loading and unloading from vehicles, even when not in motion, should be included as prohibited works during the suggested hours of no operation.

At the end of debate, it was,

Resolved:

To delegate to the Area Development Manager to grant planning permission, subject to the prior completion of a Section 106 legal agreement to secure the highway matters outlined in section 9.5 in the report (i.e. improvements to C159 and provision of TRO), 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.         The development hereby permitted shall be carried out in accordance with the following approved plans, unless otherwise required by conditions contained within this schedule:

Plan Ref:       VL.2012/60/11 Rev. B - Site Layout Plan, dated 6 November 2013.

Plan Ref:       VL.2012/60/12 - Proposed Buildings - Plans, dated June 2013.

Plan Ref:       VL.2012/60/13 - Proposed Buildings - Elevations, dated June 2013.

Plan Ref:       NPA 10589 301 Rev. P4 - General Arrangement, dated 25 June                            2013.

Plan Ref:       VL.2012/60/20 – Site Functions  ...  view the full minutes text for item 62.

Public Participation

Mr Simon Chambers, agent, spoke in support of the application.

The Senior Planning Officer presented a report which recommended the change of use permission be reissued with an amended condition to permit to stocking of waste materials to a height of up to 5m instead of 3m. Key issues were stated to include the visual impact of the proposals.

Members of the Committee then had the opportunity to ask technical questions of the officers. In response to queries it was stated the change had been requested by the applicants to permit greater flexibility and efficiency of operation at the site. It was also confirmed the site was currently in breach of the existing condition and had been storing materials at 6m and higher in the past.

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

Local Members Councillors Alan Hill and Christine Crisp then spoke in objection to the application, stating that since the granting of the original permission the wider area had become much more residential, with the unofficial waste transfer station therefore having a more significant visual impact while in breach of the current condition and at the proposed amendment height, along with concerns of safety of such large piles, with the original reasons to restrict the piles to 3m even more valid than when it was initially granted.

A debate followed, where the extent to which the piles of stored materials at 5m or more could be seen from the wider area or the Bridleway alongside the site was assessed, considering the distance to residential areas and increased numbers using the areas which would have sight of the stored materials should the proposed increase be permitted. Although no site visit was undertaken, the extensive presentation and report, including many maps and photos, as well as the local knowledge of multiple local members, was felt to be sufficient to determine the application on the information included.

At the conclusion of debate, it was,

Resolved:

To refuse planning permission for the following reason:

The increase in height of the stockpiles/stacks of reclaimed or salvaged materials from 3 metres to 5 metres would have an adverse impact on the appearance of the area, contrary to policies WDC2 and WDC7 of the Wiltshire and Swindon Waste Development Control Policies Development Plan Document.

Councillors David Jenkins, Howard Marshall and Fred Westmoreland left the meeting after this item.

A recess was taken from 1335-1340.

Public Participation

Mr Patrick Holton, Chairman of Melksham Town Rugby Club, spoke in support of the application.

Mr David Wiltshire, Chairman of Melksham Town Football Club, spoke in support of the application.

The Senior Planning Officer presented a report which recommended that planning permission be granted. Key issues were stated to include the principle of the application, flood risk and drainage, impact on neighbouring amenity and impact on a Listed Building.

Members of the Committee then had the opportunity to ask technical questions of the officers.

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

The Local Member, Councillor Roy While, then spoke in support of the application, noting the benefit of providing substantial additional services in particular for young people.

A debate followed, where councillors welcomed the provision of significant number of new pitches for the Football and Rugby clubs, and supported the proposed expansion on a new site.

Resolved:

That planning permission be GRANTED subject to the following conditions:

An additional meeting has been scheduled for 30 July 2014 at 1400 at Salisbury City Hall.

The next ordinary meeting is scheduled for 17 September 2014 at County Hall, Trowbridge.

The date of the next meeting was confirmed as 30 July 2014 at 1400 at the Salisbury City Hall.