Agenda and minutes

To receive any apologies for absence.

Apologies were received from Councillor Christine Crisp, Councillor Mollie Groom and Councillor Howard Marshall.

Councillor Crisp was substituted by Councillor Mary Champion.

Councillor Groom was substituted by Councillor Jacqui Lay.

Councillor Marshall was substituted by Councillor Simon Killane.

To approve and sign as a correct record the minutes of the meeting held on 24 April 2013.

The minutes of the meeting held on 24 April 2013 were presented.

Resolved:

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

To receive any declarations of pecuniary or non-pecuniary interests or dispensations granted by the Standards Committee.

Councillor Simon Killane declared an interest in agenda items 7b and 7c as Chairman of the Malmesbury Neighbourhood Steering Group. He declared he would participate in the debate and vote for each item with an open mind.

To receive any announcements through the Chair.

The Chairman announced that agenda items 7d and 7h had been withdrawn from the meeting.

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 in person no later than 5.50pm on the day of the meeting.

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. The rules on public participation in respect of planning applications are detailed in the Council’s Planning Code of Good Practice.

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 Tuesday 21 May 2013. 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.

An appeals update report is attached for information.

The Committee noted the contents of the appeals update.

Attention was drawn to the late list of observations provided at the meeting and attached to these minutes, in respect of applications 7a, 7b, 7c, 7eand 7f as listed in the agenda pack.

Public Participation

Mr Mark Willis spoke in objection to the application.

Mr Alex Maddon spoke in objection to the application.

Mr Charles Cook spoke in objection to the application.

Mr Jonathon Joyce spoke in support of the application.

Mr Richard Kitson spoke in support of the application.

Mr Matthew Harrison spoke in support of the application.

Councillor Graham Thorne spoke in support of the application.

The senior planning officer presented a report which recommended that planning permission be granted subject to conditions and following the signing of a section 106 agreement. The proposal was for ten affordable houses arranged in four blocks on a greenfield site within Upper Minety. The officer described the policies considered and the main issues faced. The officer then went through the design and layout of the scheme. 

The committee then had the opportunity to ask technical questions of the officer. The use of cladding on the development was raised. 

Members of the public then had the opportunity to address the committee with their views, as detailed above.

The local councillor, Councillor Chuck Berry, then spoke in favour of the application, to support Minety Parish Council.

A discussion took place in which the highways officer explained the proposal would result in a small increase in traffic and the junction concerned was not deemed to be a dangerous one. With respect to site selection and evidence of methodology, much work had been undertaken at the pre-application stage. There was a need in the area for affordable housing and the availability of sites that met with the criteria was important. A letter had been received regarding water voles at the site and it was felt this could be addressed within the conditions of the proposal.  

Resolved:

For Application N/13/00054/FUL   

That planning permission be DELEGATED to the area development manager, subject to the signing of a Section 106 in respect of the:

·        Retention of the dwellings as affordable housing in perpetuity

·        Education contributions of - £19,155 (sum to be confirmed in late observations)

·        Public open space contributions of - £20,130

for the following reason:

This proposed development for 10 affordable housing units is acceptable as it is considered to be an  exception site in terms of policy H7 of the North Wiltshire Local Plan. It is considered acceptable in terms of its location, impact on the surrounding area in terms of its access and impact on the highway network and local drainage conditions, its scale layout and detailed design and complies with the policy framework at this time

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 implemented in accordance with the submitted plans and documents listed below. No variation from the approved plans should be made without the  ...  view the full minutes text for item 52.

Public Participation

Ms Iris Thompson spoke in objection to the application.

Mr Mike Stone spoke in objection to the application.

Mr Bruno Moore spoke in favour of the application.

Mrs Sue Wright spoke in favour of the application.

Mr Guy Perry spoke in favour of the application.

Councillor Kim Power spoke in objection to the application.

The area development manager presented a report which recommended planning permission be refused. He explained that each supermarket application would be considered in turn, however there were a number of common issues to consider, such as the size of the site, its location, the impact on the town centre, the prospect of linked trips, the non-food element of the proposal and the neighbourhood plan. The area development manager highlighted that the petrol filling station had been removed from the original Sainsbury’s application. This site was currently used as a garden centre and physically out of town, making the prospect of linked trips limited. A vehicular roundabout was proposed to improve the entrance to the site. The proposal was for a mixed-use development comprising a foodstore, relocated builder’s merchants and employment floor space.

The committee then had the opportunity to ask technical questions of the officer. The accident status of the junction was raised, fixing the non-food element to a specific number of square metres, and the movements of the large articulated vehicles using the existing builder’s merchants.      

Members of the public then had the opportunity to address the committee with their views, as stated above.

The local councillor, Councillor John Thompson, then spoke in favour of the application.

A discussion followed in which it was noted that the impact of the proposal on a single property was not sufficient grounds for a refusal. It was thought to be unfortunate the applications had not waited for the neighbourhood planning process. The difference in the non-food elements of the applications was considered to be small. Concern was raised regarding people travelling out of the Malmesbury community area at present for their food shopping.  

Resolved:             

For Application N/11/04092/FUL

That planning permission be REFUSED for the following reasons:

1.       “The proposed development will result in the creation of a food store in an out of town location some 1.2km from the existing Malmesbury shopping area.  The proposed foodstore is considered to have an adverse impact upon the vitality of the existing town centre.  The site is not sequentially preferable.  The application does not comply with Policy R4 (Proposals Outside Town Centre Primary and Town Centre Secondary Areas) of the North Wiltshire Local Plan 2011; the retail element of the National Planning Policy framework (in particular paragraph 27; Policy 38 of the pre-submission draft  Wiltshire Core Strategy and the policies in the draft Malmesbury Neighbourhood Plan.”

2.       “The 3.9 ha (approximate) site is allocated for B1 and B2 employment uses in the North Wiltshire Local plan and this allocation is continued in the pre-submission draft of the Wiltshire Core Strategy and is supported through the draft Malmesbury Neighbourhood  ...  view the full minutes text for item 53.

Mr Jonathan Davies spoke in objection to the application.

Mr John Shillibeer spoke in objection to the application.

Ms Caroline Moore spoke in objection to the application.

Ms Lesley Bennett spoke in support of the application.

Mr Jonathan Banham spoke in support of the application.

Mr Keith Neil-Smith spoke in support of the application.

Councillor John Gundry spoke in objection to the application. 

The area development manager presented a report which recommended permission be granted subject to conditions. It was noted the town centre site had a surrounding earth bank and soft landscaping in order to help it blend in with the surroundings. Since the original submission, the car park had been moved to leave a greater area intact around the historic Avon Mills buildings. The proposal was to provide a foodstore with associated car parking, servicing, pedestrian, cycle and vehicular access, landscaping and boundary treatments.

The committee then had the opportunity to ask technical questions of the officer. It was stated that a service yard management plan could be included in the conditions of the application. It was confirmed the majority of the trees would be native deciduous species, however combined with the earth banks, they should hide the supermarket from view.

Members of the public then had the opportunity to address the committee with their views, as stated above.

The local councillor, Councillor Simon Killane, spoke in favour of the application. 

A debate followed, which covered the following main points; contributions towards the bus service, the closeness of the site to the town centre and the potential for linked trips, light pollution from the car parking area at night, the structure of the historic Avon Mills buildings, the amenities included in the application, and finding a balance between conservation and the survival of the market town. The area development manager clarified that the objectors had submitted a list of concerns and that some of these could be honed into viable conditions.                

Resolved:

For Application N/12/00165/FUL

That planning permission be GRANTED subject to the following conditions:

•         A legal agreement to secure community benefits including highways improvements; provision of pedestrian/cycleway; a pedestrian crossing; traffic calming on the A429; Travel Plan for staff; public car parking on the site to facilitate linked trips and a comprehensive town centre enhancement strategy.

•         Conditions to include (but not exclusively): securing landscaping proposals; restricting sales areas for comparison goods; restricting use of any part of the store as a pharmacy, post office; securing implementation of lighting scheme; securing a construction method statement; securing a service yard management plan; and securing drainage works.

For the following reason:

“The economic case for additional retail development in Malmesbury is clear cut.  The site meets the sequential test and there are no other comparable sites that would meet the needs of the town.  These facts weigh heavily in favour of the proposal.  Whilst the heritage and landscape objections are understood, the Council has concluded that the potential harm would be less than substantial. However, there are significant  ...  view the full minutes text for item 54.

This item has been withdrawn with the agreement of the chairman.

Public Participation

Mr John Playfair spoke in objection to the application.

Mrs Barbara Kersey spoke in objection to the application.

Mr Mark Beggs spoke in objection to the application.

Mr Simon Chambers spoke in favour of the application.

Councillor Geoff Greenaway spoke in objection to the application.

The area development manager presented a report which recommended permission be granted subject to conditions. The proposed development was for a physical expansion of the site, but not to increase staff or resident numbers, but to allow for single occupier rooms in accordance with the spaces currently permitted by Wiltshire Council. The access to the building and the use of the building were considered by officers to be acceptable.

The committee then had the opportunity to ask technical questions of the officer. There were no technical questions.

Members of the public then had the opportunity to address the committee with their views, as stated above.

The local councillor, Councillor Jacqui Lay, then spoke in objection to the application.

A discussion followed during which it was established no Section 106 agreements had been sought or offered and that the footway was used at present.

Resolved:

For Application N/13/00244/FUL

That planning permission be GRANTED for the following reason:

In accordance with paragraph 187 of the National Planning Policy Framework, Wiltshire Council has worked

proactively to secure this development to improve the environmental conditions of the area. The proposed

conversion is considered to be acceptable in the context of the surrounding area and would preserve the

character and appearance of this part of the Malmesbury Conservation Area. The property has been

marketed for a period of over 24 months without success and therefore the change of use is considered to

be acceptable in this instance and is in accord with policies C3 and H3 of the North Wiltshire Local Plan

2011.

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 implemented in accordance with the submitted plans and

documents listed below. No variation from the approved plans should be made without the prior approval of

the local planning authority. Amendments may require the submission of a further application.

Plans

LPC/3142/1

Location Plan

LPC/3142/EX/1 – Existing Plan

LPC/3142/EX/2 – Existing Elevation

LPC/3142/2A – Proposed Site Layout

LPC/3142/3A – Proposed Ground Floor Plan

LPC/3142/4A – Proposed First Floor Plan

LPC/3142/5A – Proposed Elevations

Received 29.01.13

REASON: To ensure that the development is implemented as approved.

3. No development shall commence on site until details and samples of the materials to be used for the

external walls and roofs have been submitted to and approved in writing by the Local Planning Authority.

Development shall be carried out in accordance with the approved details.

REASON: In the interests of visual  ...  view the full minutes text for item 56.

Public Participation

Mr Simon Jefferson spoke in objection to the application.

Mr Malcolm Carter spoke in objection to the application.

Ms Jackie Pembroke spoke in support of the application.

Mr Nigel Whitehouse spoke in support of the application.

Mr Guy Collister spoke in support of the application.

Mr David Wingrove spoke in objection to the application.

The area team leader presented a report which recommended that planning permission and listed building consent be delegated subject to conditions. The proposal comprised the change of use of the buildings and grounds from a public house to form a single, six bedroom residential dwelling. The main issue related to the application was the loss of the public house as a facility in Ashton Keynes. Marketing and viability reports had been produced regarding the property and the viability report had concluded that the reopening of the Horse and Jockey as a pub business had no sound financial basis and would be highly unlikely to be successful. The building was run down internally and there was already another local public house.   

The committee then had the opportunity to ask technical questions of the officer.

Members of the public then had the opportunity to address the committee with their views, as stated above.

The local councilor, Councillor Chuck Berry, then spoke in support of keeping the building as a public house. 

A discussion took place where it was raised there was insufficient evidence the building had been marketed to reflect its state, a public house in a similar position had been turned around in Little Somerford, the potential of visiting cyclists to use the public house and the importance of community assets. 

Resolved:

For Application N/13/00477/FUL

That planning permission be DEFERRED to ask the applicant to submit additional information on the marketing exercise carried out on the property and for Wiltshire Council to seek independent advice regarding the viability of the business and the justification for the proposed change of use.

Public Participation

Mr Mark Willis spoke in support of the application.

The area team leader presented a report which recommended that planning permission be refused for a pitched roof garage with a glazed linking section to the existing building. Concerns were raised with the use of materials and the setting of the listed building. 

The committee then had the opportunity to ask technical questions of the officer. A question was raised about whether a condition on the application could be the building remained as a garage, and it was confirmed it could be.   

Members of the public then had the opportunity to address the committee with their views, as stated above.

The local councillor, Councillor Dick Tonge, then spoke in support of the application.  

The visual impact of the proposal, the use of unsympathetic materials and the issue of setting a precedent in the local area were discussed.  

For Application N/13/00795/FUL

That planning permission be REFUSED for the following reason:

The proposed development, by reason of its siting, scale, massing, design and materials, will fail to conserve or enhance the character or appearance of the listed building and its setting and therefore fails to accord with Policies C3, HE4 and H8 of the adopted North Wiltshire Local Plan 2011 and Sections 7 and 12 of the National Planning Policy Framework.

In respect of 13/00870/LBC

Listed Building Consent be REFUSED for the following reason:

The proposed works, by reason of their siting, scale, massing, design and materials, will have a detrimental impact on the listed building and its setting contrary to the provisions of The Town and Country Planning (Listed Buildings and Conservation Areas) Act 1990.

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.