Agenda and minutes

The Committee held a minute’s silence in honour of its Chairman, Cllr Tony Trotman, who had sadly passed away on 30 November. Cllr Trotman had been the Chairman of the Committee since it was established in 2009.

A number of tributes were paid to the Chairman, led by the Vice-Chairman, Cllr Howard Greenman, who noted his long-standing working relationship and friendship with Cllr Trotman and expressed his deep sense of loss at his passing.

Cllr Gavin Grant praised the Chairman as a fine public servant who would be hugely missed. Cllr Nic Puntis added that he had known the Chairman since 1996 and his passing had hit his hometown of Calne very hard. Cllr Steve Bucknell described the Chairman a gentleman, a gentle man, a wise councillor, as well as a wise counsellor.

To receive any apologies or substitutions for the meeting.

Apologies were received from Cllr Dr Brian Mathew.

Cllr Dr Mathew was substituted by Cllr Ruth Hopkinson.

To approve as a true and correct record the minutes of the previous meeting held on 13 September 2023.

On the proposal of Cllr Gavin Grant, seconded by Cllr Steve Bucknell, it was:

Resolved:

To approve as a true and correct record and sign the minutes, subject to a correction noting that Cllr Clare Cape had substituted for Cllr David Bowler and that Cllr Peter Hutton had substituted Cllr Howard Greenman.

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

For transparency, Cllr Martin Smith made an additional declaration in relation to agenda items 7 and 8 that he was acquainted with the Applicant. He stated he would participate in the debate and vote on each item with an open mind. He had no financial interest in the applications.

To receive any announcements through the Chair.

There were no announcements from the Vice-Chairman.

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 Wednesday 29 November 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 Friday 1 December. 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 completed and pending appeals and other updates as appropriate.

The Committee noted the contents of the appeals update.

Cllr Jacqui Lay observed that an appeal decision relating to an application for 79 houses in Purton had been granted by the inspector. The Vice-Chairman noted that 22 of the last 29 appeals had found against the Committee.

Cllr Steve Bucknell requested news on the progress made towards the Levelling Up and Regeneration Bill, specifically a change requiring local authorities undergoing a Reg 19 consultation to demonstrate a four-year supply of housing rather than the current five-year supply. Development Management Team Leader, Adrian Walker, reported that an update could be provided when there was further information.

On the proposal of Cllr Lay, seconded by Cllr Martin Smith, it was:

Resolved

To note the report on planning appeals and updates for the period between 1 September and 24 November 2023. 

Full planning application for the conversion of a rural building to create a single dwelling (resubmission) and the erection of a bat house.

Public Participation

·       Mr Chris Powell – spoke in support of the application.

Senior Planning Officer, Olivia Tresise, introduced a report which recommended that the full planning application for the conversion of a rural dwelling to create a two bedroomed dwelling and the erection of a bat house, be approved, subject to conditions. Key details were stated to include the principle of development, impact on heritage assets and ecology findings. The Senior Planning Officer noted that the application was a resubmission of a similar application in 2021, but with the removal of the previously proposed byre extension and the addition of a bat house. The changes to the 2021 application, outlined on page 48 of the agenda pack, had addressed concerns from Wiltshire Council’s Conservation Officer.

The Committee then had the opportunity to ask technical questions to the Senior Planning Officer.

The member of the public had the chance to present their views to the Committee as listed above.

The Unitary Division Member, Cllr Martin Smith, then made a statement noting that he had called the original application in due to privacy concerns from the local parish council. He also noted that there had been changes since the original application.

So the Committee had something to debate, Cllr Smith, seconded by Cllr Chuck Berry, proposed that the application be approved subject to the conditions outlined in the report. At the conclusion of the debate, it was:

RESOLVED:

To GRANT full planning permission in accordance with officer recommendation including the following conditions:

1 Time Limit for Implementation

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 List of Approved Plans and Drawings

The development hereby permitted shall be carried out in accordance with the following approved plans and documents:

- Location Plan, Drawing No.01 Revision C, Project No. LDC.2284A,

- Site Plan and Landscaping, Drawing No. 1689/SP 1ARevision A,

- Bat House Floor Plan, Drawing No. 3, Project No: LDC.2284A, Date: July 2022 by Land, Development & Planning Consultants Ltd,

- Bat House North and East Elevation, Drawing No. 4, Project No: LDC.2284A, Date: July 2022 by Land, Development & Planning Consultants Ltd, and

- Bat House South and West Elevation, Drawing No. 5, Project No: LDC.2284A, Date: July 2022 by Land, Development & Planning Consultants Ltd,

- Proposed Site Plan, Drawing No. 6, Project No: LDC.2284A, Date: March 2021 by Land, Development & Planning Consultants Ltd, all received by the Council on 3 October 2022

- Revised Proposed Plan & Elevation, Drawing No. 9 Revision A Project No: LDC.2284A, received by the Council on 30 October 2023, by Land, Development & Planning Consultants Ltd

- The measures outlined in Section 5 of the ecology report: Bat Survey Report, Barn at Forge House, Ref: 2020-070, Version: 1, Date: 11 July 2022 by Smart Ecology Ltd.

REASON: For the avoidance of  ...  view the full minutes text for item 72.

Listed building application for the conversion of a rural building to create a single dwelling (resubmission) and the erection of a bat house.

Public Participation

• Mr Chris Powell – spoke in support of the application.

Senior Planning Officer, Olivia Tresise, introduced a report which recommended that the listed building application for the conversion of a rural dwelling to create a two bedroomed dwelling and the erection of a bat house, be approved, subject to conditions. The main issue in the consideration of the application was stated to be the impact on a listed building. The Senior Planning Officer reiterated that the changes to the 2021 application had addressed the concerns from Wiltshire Council’s Conservation Officer.

The Committee then had the opportunity to ask technical questions to the Senior Planning Officer.

The member of the public had the chance to present their views to the Committee as listed above but was satisfied that he had made his points under the previous item when the Committee had approved full planning permission.

The Unitary Division Member, Cllr Martin Smith, also had the opportunity to speak, but had no further comments to add to his speech under the previous item.

It was noted that it was possible for a member to withdraw their call-in of an application, but only prior to the publication of the agenda.

So the Committee had something to debate, Cllr Smith, seconded by Cllr Elizabeth Threlfall, proposed that the listed building application be approved subject to the conditions outlined in the report. It was then:

RESOLVED:

To GRANT the listed building application subject to the following conditions:

Condition 1 – Time Limits

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.

Condition 2 - List of Approved Plans and Drawings

The development hereby permitted shall be carried out in accordance with the following approved plans and documents:

- Location Plan, Drawing No. 01 Revision C, Project No. LDC.2284A,

- Site Plan and Landscaping, Drawing No. 1689/SP 1A Revision A,

- Bat House Floor Plan, Drawing No. 3, Project No: LDC.2284A, Date: July 2022 by Land, Development & Planning Consultants Ltd,

-  Bat House North and East Elevation, Drawing No. 4, Project No: LDC.2284A, Date: July 2022 by Land, Development & Planning Consultants Ltd, and

- Bat House South and West Elevation, Drawing No. 5, Project No: LDC.2284A, Date: July 2022 by Land, Development & Planning Consultants Ltd,

-  Proposed Site Plan, Drawing No. 6, Project No: LDC.2284A, Date: March 2021 by Land, Development & Planning Consultants Ltd, all received by the Council on 3 October 2022

-  Revised Proposed Plan & Elevation, Drawing No. 9 Revision A Project No: LDC. 2284A, received by the Council on 30 October 2023, by Land, Development & Planning Consultants Ltd

REASON: For the avoidance of doubt, the protection, mitigation and enhancement of biodiversity, and in the interests of proper planning.

Condition 3 - Further Details Required (Pre-Commencement  ...  view the full minutes text for item 73.

Demolition of various outbuildings and the erection of a 3-bedroomed detached dwelling and associated works (revised resubmission).

Public Participation

·       Mr Gary Llewellyn - spoke in support of the application.

·       Cllr Sally Westwood – Lydiard Millicent Parish Council – spoke in opposition to the application.

Senior Planning Officer, Olivia Tresise, introduced a report which recommended that the application for the demolition of various outbuildings and the erection of a three bedroomed detached dwelling with associated works, be granted. Key details were stated to include the principle of development, highway safety, flood risk and residential amenity.

Attention was drawn to the location of the proposed development in open countryside, outside of the settlement boundary defined in the Wiltshire Core Strategy. However, the site had been previously developed, was not in a conservation area and was adjacent to a residential area. The Senior Planning Officer explained that, as Wiltshire Council was unable to demonstrate a five-year land supply, the proposed development was not found to be contrary to the requirements of the National Planning Policy Framework (NPPF). It was noted that the addition of a dwelling would contribute to improving the supply of housing, there was expected to be some economic benefit from construction and the proposal would make use of an existing access to a public highway.

Members of the Committee then had the opportunity to ask technical questions of the Senior Planning Officer.

Clarification was sought about the impact on the access arrangements for the garages to the north of the site if the proposed development was approved. It was confirmed that the garage doors faced the proposed development site, but that their access arrangements should not be impacted, as they did not currently have access rights over the proposed development site. The proposed development would use the access used by the existing industrial site.

When asked about whether Grampian conditions had been imposed, preventing the start of development until off-site works had been completed, to preserve access for the garages, the Development Management Team Leader stated that this would fall more towards a civil matter. He noted that there were likely to be fewer trips to the proposed residential dwelling than the existing industrial site.

A query was raised in relation to the ‘golden thread’ through the NPPF, an assumption that planning be granted unless there were reasons against and whether this had been broken. It was queried whether, as the site fell within Flood Zone 2 (medium risk) and Flood Zone 3a (high risk), a sequential test had been undertaken to demonstrate that there was no other suitable site for development.

In response, the Senior Planning Officer noted that she did not believe that there had been a sequential test but noted that the Applicant had submitted a flood risk assessment. The Solicitor providing legal advice highlighted that no technical objections had been raised in relation to flooding within the report.

The Committee Member who had raised the initial query then sought further assurance about the requirement for a sequential test, citing a case relating to Aylesbury Vale Crematorium, which had gone to judicial review. His  ...  view the full minutes text for item 74.

Retention of barn for equestrian purposes.

Public Participation

Ms Kerry Pfleger – RAW Planning – spoke in support of the application.

The Development Management Team Leader, Adrian Walker, introduced a report which recommended that the application for the retention of a barn for equestrian uses be granted subject to the conditions outlined in the report. Key details were stated to include the principle of development, impact on the character of the locality and on the living conditions of adjacent occupiers.

Attention was drawn to the history of the site. The Committee were informed that the subject barn was erected under Permitted Development in 2017, but that development was not undertaken in accordance with the approved drawings. However, despite the discrepancy with the drawings, as the building had been substantially completed for a period of at least four years, under Section 171B of the Town and Country Planning Act 1990, it was now immune from enforcement action for agricultural use. It was noted that there had been a recent change in use of the surrounding land and buildings to equestrian use, approved earlier in 2023, so the Applicant was seeking consent to retain and repurpose the barn for use as part of their business. The barn was an existing lawful building and the application before the Committee was for its conversion from agricultural to equestrian use.

Members of the Committee then had the opportunity to ask questions of the Development Management Team Leader.

Details were sought about why a change of use was being requested given that the building already had permission for agricultural use, enabling the storage of hay. The Development Management Team Leader clarified that the permission, if granted, would allow the storage of other equipment in association with the surrounding equestrian land. The building was currently in use mainly for storage, so it was a retrospective application, although the use of the barn could change slightly. It was currently possible to store hay in the barn for equestrian consumption.

In response to queries about which mechanisms would be in force to enforce a refusal of the application, the Development Management Team Leader acknowledged that it would be difficult to enforce.

Queries were asked about whether the granting of equestrian use for the barn would enable it to host a manége. The Development Management Team Leader confirmed that it would be possible to add a condition that the barn could only be used for storage. He also highlighted that the subject barn fell within the boundary of application PL/2022/03080, which was approved earlier in 2023. As this approved application permitted a change of use for equestrian purposes for the land, then the subject barn arguably already benefitted from equestrian use by default. 

The Development Management Team Leader stated that the barn was further from the nearest listed building than if it had been built in the location allowed under Permitted Development.

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

The Unitary  ...  view the full minutes text for item 75.

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.