Agenda and minutes

To receive any apologies or substitutions for the meeting.

There were no apologies for absence.

To approve and sign as a correct record the minutes of the meeting held on 19 February 2015.

Resolved

To approve and sign as a true and correct record the minutes of the meeting held on 19 February 2015.

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

Councillor Peter Evans declared a non-pecuniary interest in application 14/09337/FUL - Land South West of Car Park, Station Road, Devizes - by virtue of being a member of Devizes Town Council which had previously discussed the application. Councillor Evans declared he had not taken part at that stage and would be able to consider and vote upon the application with an open mind.

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 5.50pm 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 (4 clear working days, e.g. Wednesday of week before for a Wednesday meeting). 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. There were no questions submitted.

To receive details of the completed and pending appeals.

To note the outcomes of decisions made by the Committee in 2014 and the decisions made by the Planning Inspectorate on appeals in the area covered by the Eastern Area Planning Committee in 2014.

The appeals update was received, and in particular it was noted that no applications determined by the Committee or by officers in the area had appeals against those decisions upheld.

Resolved

To note the 2014 appeals performance for the Eastern Area Planning Committee.

To consider and determine the following planning applications.

Public Participation

Mrs Judy Rose spoke in objection to the application.

Mrs C Gay spoke in objection to the application.

Mr Nigel Keen, agent, spoke in support of the application.

Cllr Nigel Carter spoke in objection on behalf of Devizes Town Council.

The Area Development Manager introduced the application which recommended that planning permission be granted subject to conditions for the creation of an amended vehicular access off Station Road car park from that approved as part of the historic leisure park permission for application K/13235/O. The officer confirmed the previous permission, approved subject to a legal agreement in 1991 and including a proposed access road from a different location to that proposed in the new application, remained valid as work had been begun on the site many years ago, meeting the requirements of the standard condition on permission lapsing in the event of no work begin done, even if there had been little change since.

Key issues were stated to include the existing planning status of the site, impact on the character and appearance of the area, and impact on trees and ecology. One late item was reported, an additional letter of objection, and its contents detailed.

Members of the Committee then had the opportunity to ask technical questions of the officer. In response to queries it was stated that the level of consultation was felt to have been sufficient, and that it was not possible to impose an end completion date condition to an application. It was confirmed any plans for the site the access road would lead to, beyond that which already had permission, would have to be the subject of a new application.

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

The Unitary division member, Councillor Sue Evans, then spoke in objection to the application, noting the many objections from the Town Council and residents including concerning traffic management, impact upon residents and biodiversity.

A debate followed where members discussed whether the proposed access location and impact was an improvement on the access which had existing permission and whether the level of consultation had indeed been sufficient. It was agreed any future plans for the wider site were not relevant to the existing application, but it was discussed whether it was reasonable to impose a condition restricting the applicants to only one access, in the event of the current application being approved.

Resolved

To approve planning permission 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.         No development shall commence on site until a scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include:-

a) location and  ...  view the full minutes text for item 27.1

Public Participation

Mr John Henry Thomason, agent representative, spoke in support of the application.

Mr William Bartholomew, applicant, spoke in support of the application.

Cllr Mike Lockhart, Chairman of Shalbourne Parish Council, spoke in support of the application.

The Area Development Manager  introduced the application which recommended that planning permission be refused for construction of a single storey garden room extension to the existing property. It was confirmed the original 17^th Century property had retained its listed status following extensions up to the late 1970s.

Key issues were stated to include whether the proposal would preserve the character and setting of the listed building and whether the proposal would preserve or enhance the character or appearance of the Shalbourne Conservation Area. No items of correspondence had been received for the meeting.

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

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

The Unitary division member, Councillor Stuart Wheeler, then spoke in support of the application, noting the impact of the extension compared to the large additions from previous extensions, that the proposed extension could not be seen by the public, and other development in the village that would have a larger impact on the setting being approved. It was stressed that no letters of objection had been received from the public.

A debate followed where the impact of the extension on the listed building was assessed, and the views of the council’s conservation officer considered, as to whether there was any harm arising from the proposal. It was concluded that the development would not cause any harm to the listed building, its setting, and the character or appearance of the conservation area.

Resolved

To approve planning permission 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)    No development shall commence on site until details and samples of the materials, (including the make type and colour of the bricks), to be used for the external walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

REASON: To protect the character and appearance of the listed building.

3)    Before development commences, detailed plans shall be submitted to and approved in writing by the local planning authority showing the construction details of the proposed external windows; doors and lantern rooflight. The development shall be constructed in accordance with the approved details.

REASON: To protect the character and appearance of the listed building. 

4)    This permission relates to the following approved drawings: Numbers 120710 - 02C; 120710-04C; 120710-05A. Development shall be carried out in accordance with the details  ...  view the full minutes text for item 27.2

The listed building consent being tied to the permission approved for 15/01547/FUL, and no members of the public wishing to have any further input, a proposal was made and put to the vote.

Resolved:

To grant listed building consent subject to the following conditions:

1)    The works for which Listed Building Consent is hereby granted shall be begun before the expiration of three years from the date of this consent.

REASON:  To comply with the provisions of Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

2)    No development shall commence on site until details and samples of the materials, (including the make type and colour of the bricks), to be used for the external walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

REASON: To protect the character and appearance of the listed building.

3)    Before development commences, detailed plans shall be submitted to and approved in writing by the local planning authority showing the construction details of the proposed external windows; doors and lantern rooflight. The development shall be constructed in accordance with the approved details.

REASON: To protect the character and appearance of the listed building. 

4)    This consent relates to the following approved drawings: Numbers 120710 - 02C; 120710-04C; 120710-05A. Development shall be carried out in accordance with the details shown on these plans.

REASON: to define the permission in the interests of clarity.

Public Participation

Mr James Cain, agent, spoke in support of the application.

Cllr Simon Holt, Chairman of Urchfont Parish Council Planning Committee, spoke in support of the application.

The senior planning officer introduced the application which recommended that planning permission be refused for the outline permission for the erection of two dwellings. Key issues were stated to include the principle of development on a site within the open countryside outside of any recognised Limits of Development within the Area of Outstanding Natural Beauty (AONB). No late items of correspondence had been received for this item.

It was also stated that a nearby former garage site had been approved for housing after attempts to market it as a continued employment site, and to prevent an eyesore, whereas this application was a caravan site with a visual impact that was not equivalent.

Members of the Committee then had the opportunity to ask technical questions of the officer. Details on the local limits of development were sought, along with the views of the AONB team, where it was stated that no comments had been received on this application, but that they had objected  to the previous similar application..

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

The Unitary division member, Councillor Philip Whitehead, then spoke in support of the application highlighting the committee’s authority to grant permissions outside the limits of development if justified, and raised the concerns of the site becoming dilapidated without the addition of the dwellings, which would also add to housing numbers.

A debate followed where the location of the site and the limited exceptions permitted under local and national policies for permitting outside the limits of development in the open countryside were discussed, along with the precedent on the numerous caravan sites across Wiltshire.

Resolved

That the application be refused for the following reasons:

The proposed dwellings would lead to a consolidation of existing sporadic development in the countryside that would have an adverse impact on the character and appearance of the countryside in this part of the area of outstanding natural beauty and that would represent an unsustainable form of development, being situated outside of any defined settlement boundary and consequently increasing the need to travel by car to reach services, facilities and employment opportunities. There are no justified special circumstances which would outweigh this harm. Consequently the proposed development is contrary to policy Core Policies CP1, CP2, CP48, CP51 and CP60 in the Wiltshire Core Strategy (Jan 2015) and policy contained within the National Planning Policy Framework 2012 (particularly paragraphs 12, 17, 37 and 55).

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.