Agenda and minutes

To receive any apologies or substitutions for the meeting.

Apologies for absence were received from:

·       Cllr Tony Pickernell (Substituted by Cllr Jerry Kunkler)

To approve and sign as a correct record the minutes of the meeting held on 2 November 2023.

On the proposal of the Chairman, seconded by Cllr Kelvin Nash, it was:

Resolved

To approve the minutes of the meeting held on 2 November 2023 as a true and correct record.

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

Cllr Wallis made an additional declaration in relation to Item 7, that he worked for the Department for the Environment, Food and Rural Affairs, but would be speaking in a personal capacity. He did not work in the department dealing with Rights of Way applications. 

In order to speak freely as the Unitary Division Member for Item 8, Cllr Wallis declared that he would leave the room in his capacity as a Committee member, so would not vote on, or participate in the formal debate about the application. Cllr Wallis sat with the public attendees for the duration of the item and only spoke in his capacity as local member.

To receive any announcements through the Chair.

The Chairman reminded the Committee about the changes to the National Planning Policy Framework introduced in December 2023 and referred them to the briefing note contained in Agenda Supplement 1. He highlighted that, as Wiltshire had an emerging Local Plan that had reached an advanced stage, it was now only required to identify a supply of specific deliverable sites sufficient to provide a minimum of four years’ worth of housing supply.

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 no later than 10 minutes before the start of the meeting. If it is on the day of the meeting registration should be done in person.

The rules on public participation in respect of planning applications are linked to 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 18 January 2024 in order to be guaranteed of a written response. In order to receive a verbal response questions must be submitted no later than 5pm on 22 January 2024. 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 Committee noted the rules on public participation.

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

On the proposal of the Chairman, seconded by Cllr Iain Wallis, it was:

Resolved

To note the appeals report for the period between 17 November 2023 and 12 January 2024.

To consider three objections to The Wiltshire Council North Tidworth Path No.11 Definitive Map and Statement Modification Order 2023, made under Section 53 of the Wildlife and Countryside Act 1981.

The Definitive Map Officer Craig Harlow introduced a report about Wiltshire Council North Tidworth Path No 11 Definitive Map and Statement Modification Order 2023.

The Committee considered three objections to the to the Modification Order made under Section 3 of the Wildlife and Countryside Act 1981, as detailed in the report and were invited to forward the Order to the Secretary of State for Environment, Food and Rusal Affairs (SoSEFRA) with a recommendation that the Order was confirmed as made.

The Definitive Map Officer gave a comprehensive presentation which outlined the routes and widths of the application, as well as Wiltshire Council’s statutory obligations and the Order plans. He explained that the Applicant had submitted historical evidence to try to demonstrate that part of the route (NTID11) should be upgraded to a restricted byway. However, it was concluded by officers that the documentary evidence was insufficient to demonstrate on the balance of probability that a restricted byway existed.

It was noted that the application had previously been considered by the Committee in December 2022 when it was resolved to forward the Order to the SoSEFRA for confirmation (with modification). However, the Planning Inspectorate on behalf of the SoSEFRA informed Wiltshire Council that the Order was considered to be invalid due to an error within Part 1 of the schedule.

Following the decision to declare the 2022 Order invalid, Wiltshire Council had made a new Order to the same effect. In was reported that no new evidence had been presented to affect the Definitive Map Officer’s original recommendation.

Members of the Committee then had the opportunity to ask technical questions of the Officer. Details were sought on what would constitute a ‘legal event’ which could extinguish a right of way. It was confirmed that a change in ownership would not necessarily extinguish a right of way.

When asked about the vehicles that would be entitled to use a restricted byway, the Definitive Map Officer explained that it would not be possible to drive along using a motorised vehicle, but it would be open to a horse drawn carriage.

There was no public participation, or statement by the Unitary Division Member.

So that the Committee had something to debate, the Chairman, seconded by Cllr Dr Brian Mathew, proposed that the Definitive Map and Statement Modification Order be sent to the SoSEFRA with the recommendation that it was approved as made.

At the conclusion of the debate, it was:

Resolved

That The Wiltshire Council North Tidworth Path No.11 Definitive Map and Statement Modification Order 2023 is forwarded to the SoSEFRA with the recommendation that it is confirmed as made.

Outline application (all matters reserved except for access) for part conversion and part redevelopment of the Devizes Community Hospital site to provide up to 58 no. residential dwellings (Use Class C3) and circa 67.7sqm flexible commercial unit (Use Class E), including the retention and conversion of two original buildings to the east of the site, with associated landscaping and parking.

Public Participation

·         Mr Richard Jackson spoke in opposition to the application.

·         Miss Rowan Gilbert (NHS Property Services Ltd) spoke in support of the application.

·         Cllr Richard Ormerod (Devizes Town Council) spoke in opposition to the application.

The Senior Planning Officer, Ruaridh O’Donoghue, introduced a report which recommended that the outline application for the part conversion and part development of the Devizes Community Hospital site, to provide up to 58 residential units and a circa 67.7 metre squared commercial space, be approved subject to a Section 106 agreement and the conditions outlined in the report. It was noted that the application would include associated landscaping and parking, as well as the conversion of two historically significant buildings (non-designated heritage assets) to the east of the site. All other matters, excluding the access arrangements, would be considered under a reserved matters application. Key details were stated to include the principle of development, highway safety, drainage, parking, heritage and landscape impacts.

Members of the Committee then had the opportunity to ask technical questions of the Senior Planning Officer. Details were sought about whether there was a requirement to provide electric vehicle charging and heat pumps. It was confirmed that Condition 12 of the attached report, if approved, would ensure that a strategy for electric vehicle charging must be in place prior to the commencement of development. However, it was noted that there was not currently a policy in the Local Plan dictating that renewable energy had to be used in new dwellings.

In response to a query about why no affordable housing was included in the development, the Senior Planning Officer explained that it would be commercially unviable if affordable units were included. A commercial viability report had been commissioned by the Developer and reviewed by Wiltshire Council.

When asked about the requirement under the Environment Act 2021 for developments to deliver a 10 percent biodiversity net gain, the Senior Planning Officer explained that it had yet to come into effect. The current requirement, in line with paragraph 180 of the National Planning Policy Framework (NPPF) was to provide a one percent increase in biodiversity. He noted that the plans submitted included tree planting, the creation of a bat house and the retention, or replacement, of hedgerows around the site.

It was clarified that the development would have to comply with building regulations set out at the time of approval, even if there was a lengthy delay before the construction work was complete. 

Further information was sought about the indicative parking arrangements as it was noted that there were only 71 parking spaces proposed, which was below the minimum requirement of 112. The Senior Planning Officer noted that the Local Highway Authority had accepted that the reduced parking provision was permissible due to the location of the site close to local amenities, which would promote active travel. In addition, there was a need to protect the non-designated heritage assets and provide sufficient room for landscaping. There would be little green space on site  ...  view the full minutes text for item 8.

A single new sustainable development dwelling at the land behind Park House. Proposed access via approved planning application (PL/2022/08144) for proposed stables and access. A custom build for a 3 bedroom with 2 parking bays.

Public Participation

·       Mr Nick Herridge spoke in support of the application.

·       Cllr Jayne Drew (Kennet Valley Parish Council) spoke in support of the application.

The Senior Planning Officer, Meredith Baker, introduced a report which recommended that the application for a single new sustainable development dwelling at the land behind Park House be refused for the reasons outlined in the report. It was noted that the proposed access was via approved planning application (PL/2022/08144) for proposed stables and access. The proposed dwelling would have three bedrooms and two designated parking bays. Key details were stated to include the principle of development, as well as sustainability, design, residential amenity and highway impacts.

Attention was drawn to the recent change to the National Planning Policy Framework, which now only required Wiltshire Council to demonstrate a four year housing land supply, as it had an emerging Local Plan. The Senior Planning Officer highlighted that the reference to the five year housing land supply, in the second paragraph on page 84 of the agenda pack, should therefore be disregarded.

The Senior Planning Officer noted that the proposed development was located in open countryside within the North Wessex Downs National Landscape, so was therefore in conflict with Core Policy 1 (Settlement Strategy) and Core Policy 2 (Delivery Strategy) of the Wiltshire Core Strategy. The isolated position of the proposed dwelling was expected to be harmful to landscape character and visual amenity. The isolated position of the property would lead to a dependence on private motor transport in conflict with the principles of sustainable development. Furthermore, the access to the property was close to a bend in the road, so would create unacceptable highway safety concerns contrary to Core Policies 57 (High Quality Design and Place Shaping) and 61 (Transport and Development) of the Wiltshire Core Strategy. 

Members of the Committee then had the opportunity to ask technical questions of the Senior Planning Officer. Details were sought on whether the application would be viewed differently if a separate title were to be created and it was confirmed that it would be in terms of Core Policies 1 and 2 of the Wiltshire Core Strategy.

The member of the public then had the opportunity to present his views to the Committee as detailed above.

The Parish Council representative then spoke in support of the application.

The Unitary Division Member, Cllr Jane Davies, also spoke in support of the application.

In response to the points raised by the public, Parish Council and Unitary Division Member, the Senior Planning Officer noted that full weight was being given to the settlement strategy now that Wiltshire Council was no longer required to demonstrate a five year housing land supply. She emphasised that the proposed development was not within a settlement boundary, so was not deemed to be a sustainable location for development. In response to concerns that the Wiltshire Core Strategy did not support the provision of housing in the countryside she highlighted that there were provisions under Core Policies 1, 2  ...  view the full minutes text for item 9.

First floor rear extension.

Public Participation

·         Mr Adrian Eales, spoke opposition to the application.

The Senior Planning Officer, Meredith Baker, introduced a report which recommended that the application for a first floor rear extension be approved, subject to the conditions outlined in the report. Key details were stated to include the principle of development, design, visual and highway impacts as well as the impact on residential amenity.

Attention was drawn that the application number on page 91 of the agenda pack should have been listed as PL/2023/05917. It was reported that the subject property was a single storey bungalow located at the end of a residential road on a street comprised of a mixture of single and double storey dwellings. It was considered that there would be no negative impact to neighbour or visual amenity as a result of the proposed development.

Members of the Committee then had the opportunity to ask technical questions of the Senior Planning Officer. Details were sought on the orientation of the building. It was confirmed that the proposed extension would face towards the A4, Bath Road. 

The members of the public then had the opportunity to present his views to the Committee as detailed above.

The Unitary Division Member, Cllr Jane Davies then spoke in opposition to the application.

In response to the points raised by the public and Unitary Division Member, the Senior Planning Officer clarified that there was a requirement to provide three parking spaces for dwellings with four or more bedrooms. Given that the proposed development was a single household extension, it was not felt that it would be proportionate to set a condition that a construction statement was produced.

In response to concerns that the height of the roof of the proposed extension was too high, the Senior Planning Officer explained that the design had been modified following consultation with Officers. There was sufficient distance between the subject dwelling and neighbouring properties so that it would not cause unacceptable blocking of light and the proposed development’s height was not out of keeping with the street scene.

So that the Committee had something to debate, the Chairman, seconded by Cllr Stuart Wheeler, proposed that the application be granted for the reasons outlined in the report.

A debate followed where issues such as the building design and possible disruption during the construction process were discussed.

In response to queries it was stated that Core Policy 57 (High Quality Design and Place Shaping) of the Wiltshire Core Strategy did not set a limit on the number of extensions that a property could have. It was confirmed that no renewable energy sources were being proposed as part of the development, but it was not currently a stipulation of the Wiltshire Core Strategy.

During the debate, the Chairman proposed an amendment to his original motion to add an informative that the Applicant be advised to provide contact details to neighbouring properties prior to the commencement of construction works, so they could discuss concerns about the project. The Chairman’s amendment  ...  view the full minutes text for item 10.

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.