Agenda and draft minutes

To receive any apologies or substitutions for the meeting.

Apologies were received from:

Cllr Ashley O’Neil

Cllr Howard Greenman

Cllr Martin Smith

To approve as a true and correct record the minutes of the previous meeting held on 22 January 2025.

The minutes of the meeting held on 22 January 2025 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 12 February 2025 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 14 February 2025. 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, including details of the Highways Act 1980 – Section 119 and the Wildlife and Countryside Act 1981 – Section 53A

To:

(i)             Consider the 7 statutorily made objections to The Wiltshire Council Castle Combe 7 and Yatton Keynell 25 Diversion and Definitive Map and Statement Modification Order 2023.

(ii)            To recommend that the Wiltshire Council Castle Combe 7 and Yatton Keynell 25 Diversion and Definitive Map and Statement Modification Order 2023 is forwarded to the Secretary of State for the Environment, Food and Rural Affairs with the recommendation that it be confirmed with modification. That modification being to add the words at the end of paragraph 4 of the order “ .And thereupon the Calne and Chippenham Rural District Council Area Definitive Statement dated 1953 shall be modified as described in part 3 of the Schedule to this Order.”

Public Participation

• Damian Bettles spoke in support of the application
• Fiona Plowman spoke on behalf of Yatton Keynell Parish Council in objection to the application.

Planning Officers introduced the report which recommended that the Wiltshire Council Castle Combe 7 and Yatton Keynell 25 Diversion and Definitive Map and Statement Modification Order 2023 is forwarded by the Northern Area PlanningCommittee to the Secretary of State for the Environment, Food and Rural Affairs with the recommendation that it be confirmed with modification. That modification being to add the words at the end of paragraph 4 of the order “. And thereupon the Calne and Chippenham Rural District Council Area Definitive Statement dated 1953 shall be modified as described in part 3 of the Schedule to this Order”.

Councillors were informed that they would need to consider the 7 statutorily made objections to The Wiltshire Council Castle Combe 7 and Yatton Keynell 25 Diversion and Definitive Map and Statement Modification Order 2023.

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

• That the bridge would be paid for and installed by the landowner

• That the maintenance of the bridge would be Wiltshire Council’s responsibility.

• That responsibility for the maintenance of vegetation was shared by the landowner and Wiltshire Council, dependant on where it is located.

• That most of the land is located within a flood plane.

• Pathways can be lost to natural watercourses.

• The Planning Inspectorate was the next step and could lead to an inquiry or hearing that would lead to costs for Wiltshire Council.

• The term “substantial” is not defined and for officer interpretation. The type of path is also considered.

The Committee then received statements from the public.

During debate, the committee acknowledged that it was nice to see a landowner going through the proper process for diversions.

Members considered both sides and their opinions to have significant merit.

It was considered that the Secretary of State/Planning Inspectorate would be able to take the objector’s opinions into account at the next stage, and that there was no reason to abandon the order at this stage, knowing further scrutiny and consultation would be available.

The Committee commended the letter from the applicant in response to objections, listing very clearly and with the aid of google maps snapshots the very understandable reasons for applying for the order.

During debate, a motion to approve was proposed by Cllr Steve Bucknell and seconded by Cllr Elizabeth Threlfall following which it was:

Resolved

That the Wiltshire Council Castle Combe 7 and Yatton Keynell 25 Diversion and Definitive Map and Statement Modification Order 2023 be forwarded to the Secretary of State for the Environment, Food and Rural Affairs with the recommendation that it be confirmed with modification. That modification being to add the words at the end of paragraph 4 of the order “. And thereupon the Calne and Chippenham Rural District Council Area Definitive Statement dated 1953 shall be modified as described  ...  view the full minutes text for item 7.

Proposed erection of two detached dwellings and associated works.

Public Participation

• Morgan Jones and Paul Mayo spoke in support of the application
• Douglas Helsby and Phil Clare spoke in objection to the application

Planning Officers introduced the report which recommended that the Committee approve planning permission, subject to conditions, for the erection of two detached dwellings and associated works.

The key material considerations were listed as:

• Principle of development
• Scale, design, impact on the character and appearance of the area
• Residential amenity/living conditions

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

• Clarification over the reasons for refusals in the past (Dec 2022 and April 2023) was provided.

• That the main difference from the previous applications was that the land supply number and planning policy had changed.

• That the biodiversity net gain would be 10%.

The Committee then received statements from the public and the local member Cllr Sam Pearce-Kearney.

During debate, Councillors considered the application to be evenly balanced in regard to approval versus refusal.

The Committee considered carefully the characteristics of the development and that it would sit outside the defined boundary of Calne.

The neighbourhood plan was also considered by Cllrs, although its weight was debated due to it having not gone through referendum.

Core Policy 44 was considered as a potential reason for refusal.

Due to the land supply condition, the Committee considered the significant possibility of appeal should Cllrs vote for refusal.

During debate, a motion to approve the application was proposed by Cllr Steve Bucknell and seconded by Cllr Nic Puntis, following which it was:

Resolved

That the application be approved subject to the following conditions:

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

Application Form & Certificate Received 21st October 2024

Plans Ref: Location & Site Plan DWG: 2338.03.01 Rev D Received 21st October 2024

Proposed Site Plan DWG: 2338.03.02. Rev B Received 21st October 2024

Plot 1 - Proposed North & East elevations DWG: 2338.03.07 Rev C Received 21st October 2024

Plot 1 - Proposed South & West elevations DWG: 2338.03.06 Rev C Received 21st October 2024

Plot 1 Ground Floor Plan DWG: 2338.03.03 Rev B Received 21st October 2024

Plot 1 First Floor Plan DWG: 2338.03.04 Rev B Received 21st October 2024

Plot 2 - Proposed North & East elevations DWG: 2338.03.12 Rev C Received 21st October 2024

Plot 2 - Proposed South & West elevations DWG: 2338.03.11 Rev C Received 21st October 2024

Plot 2 Ground Floor Plan DWG: 2338.03.08 Rev B Received 21st October 2024

Plot 2 First Floor Plan DWG: 2338.03.09 Rev B Received 21st October 2024

Landscape & Visual Appraisal Received 21st October 2024

Highways statement - TN - Issue 2 with Enclosures Received 21st October 2024

REASON:  ...  view the full minutes text for item 8.

Erection of 7 No. residential dwellings and associated access, drainage and landscaping works.

Public Participation

• Chris Beaver spoke in support of the application
• Tony Clark spoke in objection to the application
• Cllr Alan Brown, on behalf of Corsham Town Council, also spoke in objection to the application.

Planning Officers introduced the report which recommended that the Committee approve planning permission, subject to conditions, for the erection of 7 No. residential dwellings and associated access, drainage and landscaping works.

The key material considerations were listed as:

• Principle of development
• Layout, scale, design and appearance
• Impact on heritage assets / archaeology
• Highways impacts, pedestrian and vehicular access and parking
• Residential amenity, inc. noise, odour and dust
• Ecology and biodiversity/trees
• Drainage

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

• There was no concern from highways officers about visibility on the roads being affected.

• The cul-de-sac is adopted, and the new one would be expected to be as well.

• There had been no specific pollution assessment.

• The application was submitted in early 2024, with plenty of background negotiation taking place before the current recommendation was reached.

The Committee then received statements from the public, as well as the local member Cllr Helen Belcher OBE

During debate, Councillors considered the design of the current homes in the area, with the proposed development’s design considered far superior.

Some Councillors considered the area already too dense, even before the current proposed development.

Highways access was considered by members but overall, the road was considered wide enough.

Councillors echoed the point raised by the agent, that “if you can’t construct in an urban area next to a main road, where can/should you build?”.

Contradictions to Core Policies 57 and 58 were noted.

Councillors expressed that consultation with the public and the right groups always needs to be utilised

During debate, a motion to approve the application was proposed by Cllr Steve Bucknell and seconded by Cllr Nic Puntis, following which it was:

Resolved

That the application be approved subject to the following conditions:

1. 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. The development hereby permitted shall be carried out in accordance with the following

approved plans:

231041003/ P2 Site Location Plan

23104/1002/ P12 Site Plan (received 24/01/2025)

23104/1010/ P6 Site Plan with Boundaries (received 24/01/2025)

23104/1020/ P2 Management and Adoption Plan (received 24/01/2025)

23104/1103/ P4 House type 3B Plans (received 16/08/2024)

23104/1104/ P4 House type 3B Sections and Elevation (received 16/08/20 24)

23104/1116/ P2 House type 4A Plans (received 16/08/2024)

23104/1117/ P2 House type 4A Section and Elevations (received 16/08/2024)

23104/1107/ P4 House type 4B Plans (received 16/08/2024)

23104/1108/ P4 House type 4B Section and Elevations (received 16/08/2024)

23104/1105/ P5 House type 4C Plans (received 02/12/2025)

23104/1106/ P5 House type 4C Elevations (received 02/12/2025)

23104/1100/ P5 House type 4D Plans  ...  view the full minutes text for item 9.

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.