Agenda and draft minutes

To receive any apologies or substitutions for the meeting.

Apologies were received from:

Cllr Howard Greenman

Cllr Jacqui Lay

To approve and sign as a true and correct record the minutes of the previous meeting held on 20 November 2024 .

The minutes of the meeting held on 20 November 2024 were presented.

Resolved:

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

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

There were no declarations of interest.

To receive any announcements through the Chair.

There were no Chairman’s 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 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 and others will have had the opportunity to make representations on planning applications and other items on the agenda, and to contact and lobby their local elected member and any other members of the planning committee, prior to the meeting.

Those circulating such information prior to the meeting, written or photographic, are advised to also provide a copy to the case officer for the application or item, in order to officially log the material as a representation, which will be verbally summarised at the meeting by the relevant officer, not included within any officer slide presentation if one is made. Circulation of new information which has not been verified by planning officers or case officers is also not permitted during the meetings.

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 11 December 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 Friday 13 December 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 completed and pending appeals and other updates as appropriate.

The Chairman invited Adrian Walker, Development Management Team Leader, to update the Committee on the pending and determined appeals as per the appeals report included within the Agenda Pack.

Following which, it was:

Resolved:

The Committee noted the appeals report for the period between 8 November and 6 December 2024.

Development of 17 No. dwellinghouses (Use Class C3), including 7 no. affordable units, associated works, and demolition of the existing car park structure.

Given last minute updates and supported by both the applicant and the local member who had initiated the call-in, the Chair Cllr Chuck Berry suggested that the item be deferred to the next meeting.

Proposed by Cllr Clare Cape and seconded by Cllr Elizabeth Threlfall it was:

Resolved

To defer the application.

Outline application (with all matters reserved) for a village recreation hall, all weather tennis court, parking, access and erection of six houses (Resubmission of 19/08877/OUT).

Public Participation

• Mr Simon Chambers and Mr Ben Stevens spoke in support of the application
• Cllr Bob Mitchell, from Latton Parish Council, also spoke to the application

Planning Officers introduced the report which recommended that the Committee approve planning permission, subject to conditions, or refuse for the reasons set out in the original officer’s report for an outline application (with all matters reserved) for a village recreation hall, all weather tennis court, parking, access and erection of six houses (Resubmission of 19/08877/OUT).

Members of the Committee then had the opportunity to ask technical questions to the officer. The following was clarified:

That there had been a loss of funding in the amount of approx. £100,000 due to changes in circumstances for the donor.

That Latton Parish Council does not have a Neighbourhood Plan.

That the Planning Officer’s recommendation from 2022 suggested refusal, but that Councillors at the time had chosen to approve the application and Councillors therefore needed to weigh up both options.

The local member Cllr Nick Dye, spoke to the application.

During debate, a motion to approve was proposed by Cllr Gavin Grant and seconded by Cllr Nic Puntis.

Councillors expressed support for a provision that “everyone involved wished for”.

Resolved

To grant outline planning permission subject to the S106 (draft outline Appendix E) and the conditions found in Appendix F:

1.    The development hereby permitted shall be begun either before the expiration of three

2.    years from the date of this permission, or before the expiration of two years from the

3.    date of approval of the last of the reserved matters to be approved, whichever is the later.

REASON: To comply with the provisions of Section 92 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

4.    An application for the approval of all of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

REASON: To comply with the provisions of Section 92 of the Town and Country Planning Act 1990.

5.    No development shall commence on site until details of the following matters (in respect of which approval is expressly reserved) have been submitted to, and approved in writing by, the Local Planning Authority:

        - The scale of the development;

        - The layout of the development;

        - The external appearance of the development;

        - The landscaping of the site;

        - The means of access to the site.

The development shall be carried out in accordance with the approved details.

REASON: The application was made for outline planning permission and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act 1990 and Article 5 (1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015.

6.    The dwellings hereby approved shall not exceed two storeys in height.

REASON: In the interests of amenity having regard to the characteristics of the site and surrounding development.  ...  view the full minutes text for item 91.

Reserved Matters Application pursuant of Outline Permission 19/05898/OUT (Outline application for up to 50 residential units, internal road, parking, open space and associated works, with all matters reserved other than access) relating to Appearance, Landscaping, Layout and Scale.

Public Participation

• Mr Tom Cole spoke in support of the application
• Cllr Campbell Richie, from Malmesbury Town Council, also spoke to the application

Planning Officers introduced the report which recommended that the Committee approve planning permission, subject to conditions, for a Reserved Matters Application pursuant of Outline Permission 19/05898/OUT (Outline application for up to 50 residential units, internal road, parking, open space and associated works, with all matters reserved other than access) relating to Appearance,

Landscaping, Layout and Scale.

Members of the Committee then had the opportunity to ask technical questions to the officer. The following was clarified:

That permission had already been granted for the site; it was the reserved matters that were being put to the committee.

The open space provision was highlighted for Councillors.

The local member, Cllr Gavin Grant, also spoke to the application.

Councillors were extremely reluctant to propose approval and felt “boxed” by only considering “reserved matters”.

Councillors felt required to “rubber stamp” the application, even if only the reserved matters.

Councillors discussed deferring the application further.

Councillors were extremely dissatisfied with the application as a whole and its suitability, especially given the significant risk of flooding.

During debate, a motion to approve was proposed by Cllr Chuck Berry and seconded by Cllr Elizabeth Threlfall,

After a vote, this motion failed.

A motion to defer was proposed by Cllr Gavin Grant and seconded by Cllr Martin Smith, following which it was:

Resolved

To defer the application until further legal advice regarding the S106 agreement could be sought.

Formation of field track (part retrospective).

Public Participation

• Mr Simon Chambers spoke in support of the application

Planning Officers introduced the report which recommended that the Committee approve planning permission, subject to conditions, for the formation of field track (part retrospective).

Members of the Committee then had the opportunity to ask technical questions to the officer. The following was clarified:

It was clarified that the report was meant, on page 199 of the agenda in section 10, to state the proposal as “acceptable” and not “unacceptable”.

The local member, Cllr Elizabeth Threlfall, also spoke to the application.

Councillors appreciated the concerns raised by affected parties, whilst also considering that the Committee should not focus too far into the future.

During debate, a motion to refuse was proposed by Cllr Elizabeth Threlfall and seconded by Cllr Ashley O’Neil.

Following a vote, the motion failed.

A motion to approve was then proposed by Cllr Chuck Berry and seconded by Cllr Steve Bucknell, following which it was:

Resolved

To approve the application planning permission subject to the following conditions:

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

LPC 5661 EX 01 - Site Location Plan. Received on 24 July 2023.

LPC 5661 EX 02. Site Plan. Received on 24 July 2023.

REASON: For the avoidance of doubt and in the interests of proper planning.

2. The development will be carried out in strict accordance with the guidance and recommendation of the following documents:

• Ecological Mitigation and Enhancement Strategy. June 2024. LPC

REASON: For the avoidance of doubt and for the protection, mitigation and enhancement of biodiversity.

3. All soft landscaping comprised in the approved planting plan shall be carried out in the first planting and seeding season following the first occupation of the building(s) or the completion of the development whichever is the sooner; All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any trees or plants which, within a period of five years, die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local planning authority. All hard landscaping shall also be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme to be agreed in writing with the Local Planning Authority.

REASON: To ensure a satisfactory landscaped setting for the development and for the protection, mitigation and enhancement of biodiversity.

4. The field track hereby permitted shall not be used for any other purposes other than agriculture.

REASON: In the interests of highway safety.

INFORMATIVES (2)

The applicant should note that no works should be undertaken to disturb the surface of public footpath PURT133 without prior consultation with the Rights of way Countryside Access Officer (CAO). Where appropriate any safety/mitigation/reinstatement measures must be approved by the CAO. It is an  ...  view the full minutes text for item 93.

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.