Agenda and minutes

To receive any apologies or substitutions for the meeting.

Apologies had been received from:

·       Cllr Brian Dalton – who was substituted by Cllr Trevor Carbin

·       Cllr Sven Hocking – who was substituted by Cllr Robert Yuill

·       Cllr George Jeans

To approve and sign as a correct record the minutes of the meeting held on Thursday 15 November 2018.

The minutes of the meeting held on Thursday 15^th November 2018 were presented.

Resolved:

To approve as a correct record and sign the minutes.

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

There were none.

To receive any announcements through the Chair.

The Chairman explained the meeting procedure to the members of the public.

The Committee noted its respects for former Wiltshire Councillor, Cllr Bill Moss, who had passed away the previous week.

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 Thursday 6^th December 2018, 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 Monday 10^th December 2018.  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.

To receive details of completed and pending appeals and other updates as appropriate for the period 02/11/2018 to 30/11/2018.

Cllr Green – Why do the weekly lists no longer include the agents name on the list? Answer: The Planning Team Leader would circulate a response following the meeting.

Cllr Britton - For members benefit our refusal of 50 houses at Fis Road in Alderbury had been lost at appeal. The Inspector had determined quite clearly that Wiltshire Council did not have a five year land supply, and that obviously has serious ramifications for us.

Cllr Devine – Was there now a loop hole where every developer can quote that as a material consideration? Answer: Legal Officer - We would need to take this into account – however all applications have to be taken on their own merits.

The Committee received details of the appeal decisions as detailed in the agenda.

Resolved

That the report on Appeals and Updates for the period of 02/11/2018 to 30/11/2018 be noted.

To consider and determine planning applications in the attached schedule.

Variation of Condition 4 (affordable housing scheme) of planning permission for 16/04126/OUT

Outline application for the proposed erection of 10 semi detached bungalows, new footpath link, and creation of public open space  incorporating 20 off street parking spaces and 5x laybys to Hilltop Way.

Public Participation

John Gateley spoke in support of the application

Keith Leslie spoke in support of the application

The Senior Planning Officer, Becky Jones presented the application which was for a Variation of Condition 4 (affordable housing scheme) of planning permission for 16/04126/OUT (Outline application for the proposed erection of 10 semi-detached bungalows, new footpath link, and creation of public open space incorporating 20 off street parking spaces and 5x laybys to Hilltop Way.

It was noted that the Inspector had allowed the original application at appeal, with the condition to provide some level of affordable housing, and at the time the applicant had offered 100% affordable housing.

A further application for variation then came in which proposed to remove the affordable housing condition and have no affordable housing on the site, however as the site was subject to CPC which required 40% affordable housing, the applicant was advised to retain a provision of 40%, and a subsequent application for variation, providing this was then submitted, and is for consideration today.

The application was recommended for approval.

Members had the opportunity to ask technical questions of the Officer, where it was clarified that the Inspector had not made a specific recommendation as to the level of affordable housing required on the site.

Members of the public then had the opportunity to present their views, as detailed above.

The main points raised included that the site had been brought into the Housing Allocations Plan, and that the proposed 40% of affordable housing would be at the level expected in the Core Strategy.

Local residents supported a 40% allocation of affordable housing. It was noted that the road had recently been resurfaced and works to provide utilities would see this road dug up and patch filled. Residents asked the Committee to consider whether a condition could be applied to resurface the road completely rather than patch work.

The Division Member Cllr Douglas then spoke to note the public concern and the integrity of the planning process. The 100% of affordable housing as approved by the Inspector should be upheld. The original decision of the Committee was overturned on the grounds that it met housing need, on the basis of 100% affordable housing. The applicant then offered 0%, this was a mockery of the planning process. With Officer intervention they have now offered 40%. This Committee is the means by which we can iron out these creases.

Cllr Hewitt then moved the motion of Approval in line with Officer recommendation. This was seconded by Cllr McLennan.

A debate followed where the key issues raised included that the 100% could not be upheld as the Planning Inspector noted in his report that the Council could not demonstrate a five-year housing supply, he was attracted to the 100% affordable housing, but that was the overarching reason he allowed the appeal. We can apply CP43 and that requires 40%.

The local resident’s enquiry on the inclusion of a condition to reinstate the road surface, was  ...  view the full minutes text for item 344.

Variation of conditions 4 & 15 of 13/02543/OUT to remove the requirement for the use of building as a proposed health centre.

Public Participation

Mr Speer (Agent) spoke in support of the application

Senior Planning Officer, Warren Simmonds presented the application for a Variation of conditions 4 & 15 of 13/02543/OUT to remove the requirement for the use of a building as a proposed health centre, and 17/11704/REM  - 28 dwellings and health centre, which had been approved in 2016.

It was noted that a Section 106 legal agreement was entered in to by the land owner to provide these things on the site.

Since the original applications were approved in 2016, quite extensive efforts had been made to find a user for the proposed health centre provision, with no avail.

It was recommended that the applications 18/09004/VAR and 18/09164/VAR be approved subject to the landowner entering into a modified Section 106 legal agreement to provide a one-off financial contribution of £200,000 to Wiltshire Council to be used for community project(s) in the Alderbury and Whaddon village area.

Attention was drawn to the late correspondence circulated at the meeting which detailed the updated proposal of a three-staged schedule of payments from the developer and the type of use for the funds.

Members had the opportunity to ask technical questions of the Officer, where it was clarified that this site differed from the Old Sarum site, in that the medical centre had not yet been built here, whereas at Old Sarum the build Doctors Surgery had been completed and laid empty for some time. The £200k set aside to build the medical centre here could be transferred to the parish council for use on the village hall which was central to the village, unlike the land where the medical centre had been proposed.

Members of the public then had the opportunity to present their views as stated above.

The main points included that the owners had instructed extensive work be undertaken to try and identify potential users, however this had been fruitless. They had also been determined that there should be a benefit to the village, and therefore had supported the proposal to transfer the original £200k towards a facility elsewhere which would benefit the village more.

The Division Member, Cllr Richard Britton spoke noting that when this application had originally come to committee, he had felt it should be deferred until evidence showed that a medical centre could be provided, and here we are now being told the medical centre cannot be provided.

He was thankful to the land owner for continuing to support the village by allocating the £200k to a meaningful benefit for the village. The first tranche payment would allow work to get underway on the village hall.

He supported the proposal as it would enable work on the village hall, which was a benefit for the wider village community.

Cllr Britton moved the motion of approval in line with Officers recommendation. This was seconded by Cllr Hewitt.

A debate then followed, where the key issues raised included that the original proposal had been supported by a local doctor, the  ...  view the full minutes text for item 345.

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