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Agenda and minutes

Venue: Council Chamber - Council Offices, Monkton Park, Chippenham, SN15 1ER

Contact: Craig Player  Email: craig.player@wiltshire.gov.uk

Items
No. Item

32.

Apologies

To receive any apologies or substitutions for the meeting.

Minutes:

Apologies were received from Cllr Chris Hurst.

 

33.

Minutes of the Previous Meeting

To approve and sign as a correct record the minutes of the meeting held on 27 March 2019.

Supporting documents:

Minutes:

The minutes of the meeting held on 27 March 2019 were presented.

 

Resolved:

 

To approve as a true and correct record and sign the minutes.

34.

Declarations of Interest

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

Minutes:

There were no declarations of interest.

35.

Chairman's Announcements

To receive any announcements through the Chair.

Minutes:

There were no Chairman’s announcements.

36.

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 05 June 2019 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 07 June 2019.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 Committee noted the rules on public participation.

 

37.

Planning Appeals and Updates

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

Supporting documents:

Minutes:

The Committee noted the contents of the appeals update.

38.

The Wiltshire Council (Parish of Ashton Keynes) Path no.41 Definitive Map and Statement Modification Order 2018

Supporting documents:

Minutes:

Public participation

 

Alvin Lindley, the landowner, spoke in objection to the application.

 

Dave Wingrove, Chairman of Ashton Keynes Parish Council, spoke in support of the application.

 

The Rights of Way Officer, Janice Green, introduced a report which recommended that the “The Wiltshire Council (Parish of Ashton Keynes) Path no.41 Definitive Map and Statement Modification Order 2018”, made under Section 53 of the Wildlife and Countryside Act 1981, be forwarded to the Secretary of State for the Environment, Food and Rural Affairs for determination, with a recommendation from Wiltshire Council that the Order be confirmed without modification.

 

Key issues highlighted included: whether the claimed path was dedicated as a public path by the landowner and acceptance of the route by the public, as required at common law and the use of permissive path signage on the claimed path.

 

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

of the officer which focused on the historic maps detailed in the report.

 

Members of the public then had the opportunity to address the Committee, as

detailed above.

 

Cllr Chuck Berry, Division Member, spoke regarding the application with the main point focusing on use of the path by local residents.

 

The Rights of Way Officer addressed some of the issues raised by the public and local members with the main points focusing on the present landowner seeking to correctly identify and align recorded public rights of way over the land following its purchase in 2015, with the assistance of the Wiltshire Council Rights of Way Department, (the definitive map being without prejudice to the existence of additional unrecorded public rights); ,permissive path signage and the landowner depositing with Wiltshire Council a plan and statement (Form CA16) under Section 31(6) of the Highways Act 1980, in April 2016 to negative the intention to dedicate additional rights of way over the land from that date onwards.

 

At the start of the debate a proposal was moved by Cllr Chuck Berry, seconded by Cllr Howard Greenman to forward the Order to the Secretary of State for Environment, Food and Rural Affairs, with a recommendation from Wiltshire Council that the Order be confirmed without modification.

 

During the debate the main points raised were regarding permissive signage and the accuracy of the report.

 

Resolved

 

That “The Wiltshire Council (Parish of Ashton Keynes) Path no.41 Definitive Map and Statement Modification Order 2018”, made under Section 53 of the Wildlife and Countryside Act 1981 be forwarded to the Secretary of State for the Environment, Food and Rural Affairs for determination, with a recommendation from Wiltshire Council that the Order be confirmed without modification.

39.

Planning Applications

To consider and determine the following planning applications.

Minutes:

The Committee considered the following application:

40.

18/09895/FUL - The Hullavington Arms, The Street, Hullavington

Supporting documents:

Minutes:

Public participation

 

Bob Acott, local resident, spoke in objection to the application.

 

Cliff White, local resident, spoke in objection to the application.

 

Simon Clarke, local resident, spoke in objection to the application.

 

Maggie Bawden, Chairman of Hullavington Parish Council, spoke in objection to the application.

 

Ben Pearce, the agent, spoke in support to the application.

 

The Planning Officer, Simon Smith, introduced a report which recommended granting planning permission, subject to conditions, for the erection of one dwelling with associated parking and car port, access and landscaping.

 

Key issues highlighted included: principle of development; impact on the scale and character of the existing site/buildings; impact on the context and character of the surrounding area; impact on heritage assets; impact on neighbour amenity; parking/highways concerns and the emerging Hullavington Neighbourhood Development Plan.

 

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

of the officer which focused on the emerging Hullavington Neighbourhood Development Plan; impact on the scale and character of the existing site/buildings and parking/highways concerns.

 

Members of the public then had the opportunity to address the Committee, as

detailed above.

 

Cllr Toby Sturgis, on behalf of the Division Member, spoke regarding the application with the main points focusing on the impact on the context and character of the surrounding area; impact on heritage assets; the emerging Hullavington Neighbourhood Development Plan and the Hullavington Neighbourhood Development Plan framework boundary.

 

The Planning Officer addressed some of the issues raised by the public and local members with the main point focusing on the emerging Hullavington Neighbourhood Development Plan.

 

At the start of the debate a proposal was moved by Cllr Toby Sturgis, seconded by Cllr Gavin Grant to refuse planning permission contrary to the officer report by reason of its location outside of the settlement boundary as defined by the emerging Hullavington Neighbourhood Development Plan and being contrary to Policies 1 and 3 of the Hullavington Neighbourhood Development Plan.

 

During the debate the main points raised were the impact on the context and character of the surrounding area; impact on heritage assets; impact on neighbour amenity and the Hullavington Neighbourhood Development Plan.

 

Resolved

 

Contrary to the Officer recommendation, that planning permission is

refused for the following reason:

 

The proposed development, by reason of its location outside of the settlement boundary as defined by the emerging Hullavington Neighbourhood Development Plan and being contrary to Policies 1 and 3 of the Hullavington Neighbourhood Development Plan, is contrary to the development plan and therefore unacceptable in principle.

 

41.

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.