Agenda and minutes

To receive any apologies or substitutions for the meeting.

Apologies for absence were received from Cllr Terry Chivers and Cllr Fred Westmoreland, who was substituted by Cllr Jerry Wickham.

To approve and sign as a correct record the minutes of the meeting held on 21 January 2015.

Resolved:

To confirm and sign the minutes of the previous meeting held on 21 January 2015 as a correct record.

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.

There were no Chairman’s 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 Corporate Director) no later than 5pm on Wednesday 4 February 2015. 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 received from members of the Council.

Mr Francis Morland, an interested party, spoke against the proposals as set out in Minute Nos. 14 and 15 below.

Other members of the public addressed the Committee as set out in Minute Nos. 13 – 15 below.

A report by the Case Officer is attached.

The following person spoke in support of the proposal:

Mr Dan Templeton, Director of Turley Associates Ltd, the agent.

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  The report was introduced which recommended that planning permission be granted subject to conditions and a suitable Section 106 legal agreement.

The Committee also received late representations from:

·                Turley, agent for Aldi, and the response from transport consultant, Entran to comments from RPS, agent for Asda.

·                Letter from RPS raising concerns about the recommendation on the grounds of the Aldi format and transport considerations.

·                Letter from Cllr Colin Froude, Salisbury City Councillor for St Marks & Bishopdown, objecting to the proposal on transportation and highway safety grounds.

·                Letter from Mr David Morgan, a local resident, in support of the application. 

Members of the Committee then had the opportunity to ask technical questions after which the Committee received a statement from a member of the public as detailed above, expressing his views regarding the planning application.

Cllr Bill Moss, as a local Member, supported the application but considered that a left hand turn on exiting the site should be imposed for motorists in the interests of highway safety.  The Case Officer drew the Committee’s attention to the views of the Highways Officer who raised no objection subject to the provision of a legal agreement to secure a financial contribution towards the footway/cyclepath and conditions to secure the right turn lane, crossing points, access to the site, turning, parking and servicing areas.

After some discussion,

Resolved:

To refer the application to the Secretary of State, under the terms of the 2009 Consultation Directive (paras.5.1.(ii) and 2 (d)) thereupon, subject to the views of the Secretary of State, to delegate the Area Development Manager to approve the application, subject to:

(a)       A Section 106 legal agreement being entered into with respect to the provision of a financial contribution for and the provision of a footway/cycle link that is required between the “Park & Ride” bus stop and Cheverell Avenue, and

(b)       the following conditions:

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. (WA1)

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 shall be implemented in accordance with the schedule of materials listed in the approved schedule on plan ref 110591 P(1) 06 received 18^th June 2014.

No development shall commence on site until sample wall panels for the flint rubble block and the red facing brickwork for the walls, not less than 1 metre square, have been constructed on site, inspected and approved in writing by the Local Planning Authority.  The panels shall then be left in position for comparison whilst the development is carried out.  Development shall be carried out in accordance with the approved  ...  view the full minutes text for item 13.

A report by the Case Officer is attached.

The following people spoke against the proposal:

Mr David Randell, a local resident

Mr Martin Costello, a local resident

Cllr William Scott, representing Semington Parish Council

The following person spoke in support of the application:

Mr Tony Phillips, Director, Thurdleigh Planning Consultancy, the agent

The Committee received a presentation by the Area Development Manager which set out the main issues in respect of the application.  The report was introduced which recommended that planning permission be granted subject to 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 Jonathon Seed, the local Member, objecting to the proposal.  He stated that the application was unacceptable in its proximity to the West Wiltshire Crematorium and was contrary to the views expressed by the Planning Inspector in his decision regarding an earlier application in which he restricted development to the east of this site so as not to infringe upon the crematorium.

Members were also advised of a planning application that had been allowed on appeal in 2013 by the Secretary of State in respect of a gypsy site in the vicinity of the Leatherhead (Surrey) crematorium.

A number of Members expressed their concerns about the suitability and size of the proposed development and after further discussion,

Resolved:

To defer consideration of the application pending the holding of a site inspection and to request copies of the Secretary of State’s and the Planning Inspector’s appeal decision letters be made available to all members of the Committee prior to a decision being made.

A report by the Case Officer is attached.

The following people spoke against the proposal:

Mr Stephen Jones, a local resident

Mr Philip Harcourt, a local resident

Cllr Stephen Carey, Chairman of Southwick Parish Council

The following person spoke in support of the proposal:

Mr Tony Phillips, Director, Thurdleigh Planning Consultancy, the agent

The Committee received a presentation by the Area Development Manager and the Case Officer which set out the main issues in respect of the application.  The report was introduced which recommended that planning permission be granted.

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 Horace Prickett, the local Member, who objected to the proposal on the grounds that the Planning Inspector had decided on a previous application for this site that permission should be restricted to the family of Mr & Mrs Cash.

After discussion,

Resolved:

To refuse permission for the following reason:-

In coming to his decision as recently as March 2013, the Planning Inspector concluded that that the personal circumstances of the Cash family were an important factor in the determination of the appeal and the decision to grant a personal planning permission. The proposed variation to Condition 1 would allow general gypsy/traveller occupation of the site in perpetuity and would therefore be contrary to the Planning Inspector's decision and to the intended effect of Condition 1 to ensure restoration of the land in the event that the land was no longer occupied by Mr Laurence (Lawrence) Cash and Mrs Theresa Cash and their resident dependants. There have been no relevant significant changes in circumstances since the determination of the appeal to justify setting aside his findings and to vary the terms of the permission to remove the personal condition and replace it with a wider one allowing occupancy by any gypsy and traveller,

To note that the next meeting is scheduled to be held on Wednesday 11 March 2015 at County Hall, Trowbridge, starting at 10.30am.

Resolved:

To note that the next meeting was scheduled to be held on Wednesday 11 March 2015 at County Hall, Trowbridge, starting at 10.30am.