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Agenda and minutes

Venue: Wessex Room, Corn Exchange, Market Place, Devizes SN10 1HS

Contact: Tara Shannon  Democratic Services Officer

Items
No. Item

52.

Apologies

To receive any apologies or substitutions for the meeting.

Minutes:

There were no apologies.

 

53.

Minutes of the Previous Meeting

To approve and sign as a correct record the minutes of the meeting held on 6 September 2018.

 

Supporting documents:

Minutes:

The minutes of the meeting held on 6 September 2018 were presented for consideration, and it was:

 

Resolved:

To approve and sign as a true and correct record the minutes of the meeting held on 6 September 2018.

 

54.

Declarations of Interest

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

Minutes:

Cllr Richard Gamble declared a non-pecuniary interest in application 18/07000/FUL due to his current role as Portfolio Holder for Heritage, Arts and

Tourism, as there were heritage considerations regarding the application. He declared he would consider the application on its merits with an open mind as he debated and voted on the item.

 

Cllr Mark Connolly declared a non-pecuniary interest in application 17/08775/FUL as he knew some of the residents of Bunnies Lane. He declared he would consider the application on its merits with an open mind as he debated and voted on the item.

 

55.

Chairman's Announcements

To receive any announcements through the Chair.

Minutes:

There were no announcements.

 

56.

Public Participation

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 by phone, email or in person no later than 2.50pm on the day of the meeting.

 

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

 

Members of the public will have had the opportunity to make representations on the planning applications and to contact and lobby their local member and any other members of the planning committee prior to the meeting. Lobbying once the debate has started at the meeting is not permitted, including the circulation of new information, written or photographic which have not been verified by planning officers.

 

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 25 October 2018 in order to be guaranteed of a written response. In order to receive a verbal response questions must be submitted no later than 5pm on29 October 2018. 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:

The rules on public participation were noted.

 

57.

Planning Appeals and Updates

To receive details of the completed and pending appeals, and any other updates as appropriate.

Supporting documents:

Minutes:

The report on completed and pending appeals was presented for consideration.

 

The planning officer explained that application 17/00178/ENF in the parish of Wilcot, was shown as a split decision. However, this was an enforcement action and the decision went in Wiltshire Council’s favour.

 

Resolved:

To note the updates.

 

58.

Planning Applications and Items

To consider and determine the following planning applications and items.

 

Supporting documents:

Minutes:

The following planning applications were considered.

 

59.

17/08775/FUL - Malthouse Farm, 1 Bunnies Lane, Rowde, SN10 2QB

Hybrid Planning Application seeking: Part: Outline application for residential development of 3 market sector dwellings including siting, access and parking; and Part: Full Permission for the change of use of the retained buildings to form 3 market sector dwellings including external appearance and parking.

 

Supporting documents:

Minutes:

Public Participation

Mr James McParland, local resident, spoke in objection to the application

Mr Jonathon Gray, local resident, spoke in objection to the application.

Mr John Kirkwood, of the Campaign to Protect Rural England, spoke in objection to the application.

Ms Adele Holmes, Applicant, spoke in support of the application.

Mr Charles Mann spoke in support of the application.

Mr David Stirling, Agent, spoke in support of the application.

 

Jonathan James, Senior Conservation/Planning Officer presented a report which recommended that planning permission be granted, subject to conditions, for the Hybrid Planning Application seeking: Part: Outline application for residential development of 3 market sector dwellings including siting, access and parking; and Part: Full Permission for the change of use of the retained buildings to form 3 market sector dwellings including external appearance and parking.

 

Key details were stated to include the following:

 

The scheme, which had originally been submitted in 2017, had been amended to reduce the number of units from 7 to 6. This was in response to concerns raised by various parties. The application was a hybrid application, composed of full details of the conversion of the existing traditional farm buildings to three

residential dwellings; and outline details for the erection of the three new-build

dwellings, including siting, access and parking. All other matters (namely landscaping, scale and external appearance) were reserved for subsequent approval.

 

The main issues identified in the report were stated to include highway safety and accessibility; the impact on heritage assets; the potential impact on drainage and the visual impact of the scheme.

 

Attention was drawn to a late surface water flood assessment plan from the agent, which was received on the morning of the committee meeting. The report stated that surface water drainage would be to Summerham Brook and permeable surfaces would be used within the site to reduce the risk of run off. Due to the lateness of the report the Drainage Officer had not had an opportunity to provide further comments. The final drainage strategy would need to be agreed prior to works commencing if the application was approved.

 

Members of the committee then had the opportunity to ask technical questions of the officer. Details  were sought on whether the application would be liable for the Community Infrastructure Levy (CIL). The planning officer stated that new units are almost always liable for CIL. However, as some of the units were conversions this may affect the total level of CIL payable.

 

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

 

Cllr Laura Mayes, on the behalf of the unitary division member, Cllr Anna Cuthbert, spoke in objection to the application.

 

In response to public statements the officer stated that although there was an application refused that included the field to the west of the site in 1997, the National Planning Policy Framework did not exist in 1997; the Development Plan background was different; and permitted development rights for the conversion of the farm buildings had  ...  view the full minutes text for item 59.

60.

18/07000/FUL - Land to the rear of Trinity Cottage, Castle Grounds, Snails Lane, Devizes, SN10 1DB

Proposed dwelling on site of former horticultural buildings.

 

Supporting documents:

Minutes:

Public Participation

Mr Howard Waters, Agent, spoke in support of the application.

 

Nick Clark, Senior Planning Officer presented a report which recommended that planning permission be refused for a Proposed dwelling on site of former horticultural buildings.

 

Key details were stated to include the following:

 

The application followed a previous proposal considered by the Committee in October 2017, which was refused. As with that proposal, the main issues to be considered were the impact of the development on the setting of Devizes Castle as a Scheduled Monument and the grade 1 listed Victorian castle, the associated grade 2 castle walls and the nearby grade 1 St John’s Church and grade II Sexton Cottage, and impacts in terms of the archaeological potential of the site and the Devizes Area of Minimum Change.

 

The current application had been scaled down and was situated in a different location within the site, namely on the site of the former glass houses. It was stated that the current application addressed previous archaeological and ecological concerns, but not the impact on designated heritage assets and therefore the recommendation was to refuse planning permission.

 

Members of the committee then had the opportunity to ask technical questions of the officer. In response the officer stated that although the site itself was not in a conservation area, the setting of the surrounding conservation areas and heritage assets and the impact on them was still relevant. It was confirmed that the proposed building was intended as a dwelling to live in.

 

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

 

The unitary division member, Cllr Sue Evans, spoke in support of the application.

 

In response to public statements the officer stated that although the archaeologist was happy with regards to below ground archaeology, she still had objections due to the impact of the proposal on the setting of the historic monuments. Historic England also had objections. The agent had stated that the proposed scheme would be an improvement to the site, as the ruins of the glass houses were unsightly. However, if approved, the application would result in a permanent change to the setting of the castle, rather than replacing derelict transient buildings with new transient buildings (e.g. glass houses). It was stated that the setting of the site was vital when considering the application.

 

In response to further questions from the committee, it was stated that if approved, the applicant would be able to fence in their garden. The origin of the Area of Minimum Change was confirmed as a saved policy from the Kennet Local Plan. The policy (Policy HH10) states that planning permission will not be granted for development that would materially damage the character of an Area of Minimum Change. The relatively undeveloped nature of the Area designated around the Castle was thus recognised and protected by the policy. It was stated that Devizes Town Council had no objections, rather than being supporters of the application. It was also stated  ...  view the full minutes text for item 60.

60.1

WILDLIFE AND COUNTRYSIDE ACT 1981 - The Town and County Planning Act 1990 Section 257 - The Wiltshire Council Marlborough 30 Diversion and Definitive Map Statement Modification Order 2018

Supporting documents:

Minutes:

Public Participation

There were no public statements.

 

Craig Harlow, Acting Rights of Way Officer presented a report which recommended that the Wiltshire Council Marlborough 30 Diversion and Definitive Map and Statement Modification Order 2018, be forwarded to the Secretary of State with the recommendation that it is confirmed as made.

 

Key details were stated to include the following:

 

Wiltshire Council had received an application to divert a 65m section of the Marlborough 30 footpath at Salisbury Road, Marlborough. The footpath required diverting in conjunction with planning application 15/02026/OUT and 17/03219/REM. Wiltshire Council’s planning officers had previously approved these applications with conditions. As permission had been granted for housing on the site, the current route of the footpath would be obstructed by vehicle parking bays. The current route and proposed route of the footpath was shown to the meeting. Seven objections had been received, one, from Marlborough Town Council had now been withdrawn.

 

Attention was drawn to the late representations received from local residents Caroline Heath and Sara Daw, both objecting to the footpath diversion. These had been forwarded to the committee for consideration.

 

No members of the public were at the meeting to present their views.

 

The unitary division member, Cllr Nick Fogg spoke regarding the order.  It was suggested that we may be able to make replacing hedgerows that had been removed a condition of the Order.

 

Cllr Stewart Dobson, member for Marlborough East also spoke, stating that he felt it was important that that the committee be aware of the history involved. The original planning applications received for the site did not require diverting the footpath. However, in response to concerns raised by Marlborough Town Council regarding the type of housing being provided, the applicant modified their reserve application to change the mix of housing. This modified proposal did result in the need for the footpath to diverted. It was felt that some of the comments received were as a result of overzealous contractors possibly removing hedgerows and vegetation that should not have been touched.

 

In response, the officer stated that  they would investigate enforcement action regarding the removal of hedgerows.

 

A short debate followed where the main issue raised was that it was not felt the committee could justify objecting to the proposal, if the footpath was not diverted it would go through parking bays which would not be safe.

 

During debate a motion to forward the Wiltshire Council Marlborough 30 Diversion and Definitive Map and Statement Modification Order 2018, to the Secretary of State for Environment, Food and Rural Affairs with a recommendation from Wiltshire Council that the Order be confirmed as made, was moved by Cllr Mark Connolly. The motion was seconded by Cllr Paul Oatway.

 

At the conclusion of the debate it was;

 

Resolved:

 

That the Wiltshire Council Marlborough 30 Diversion and Definitive Map and Statement Modification Order 2018, be forwarded to the Secretary of State for Environment, Food and Rural Affairs with a recommendation from Wiltshire Council that the Order be confirmed  ...  view the full minutes text for item 60.1

61.

Urgent items

Any other items of business which, in the opinion of the Chairman, should be taken as a matter of urgency 

 

Minutes:

There were no urgent items.