Agenda and minutes

Western Area Planning Committee - Wednesday 2 November 2016 3.00 pm

Venue: Council Chamber - County Hall, Bythesea Road, Trowbridge, BA14 8JN. View directions

Contact: Jessica Croman  (Democratic Services Officer)

Items
No. Item

94.

Apologies

To receive any apologies or substitutions for the meeting.

Minutes:

There were no apologies.

95.

Minutes of the Previous Meeting

To approve and sign as a correct record the minutes of the meeting held on 12 October 2016.

Supporting documents:

Minutes:

The minutes of the meeting held on 12 October 2016 were presented.

 

Resolved:

 

To approve as a correct record and sign the minutes of the meeting held on 12 October 2016.

 

 

96.

Declarations of Interest

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

Minutes:

Cllr Seed disclosed a non-pecuniary interest in the rights of way modification order – Codford Path no 15. Noting that he knew both supporters and objectors and had previously carried out work with the farmer.

97.

Chairman's Announcements

To receive any announcements through the Chair.

Minutes:

There were no Chairman’s Announcements.

 

The Chairman gave details of the exits to be used in the event of an emergency.

98.

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 (4 clear working days, e.g. Wednesday of week before a Wednesday meeting) 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 (2 clear working days, eg Friday of week before a Wednesday meeting). 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.

Supporting documents:

Minutes:

No questions had been received from councillors or members of the public.

 

The Chairman welcomed all present. He then explained the rules of public participation and the procedure to be followed at the meeting.

 

The Chairman referred to the agenda which included a question received from a councillor and answers from officers.

99.

CODFORD PATH No. 15 - RIGHTS OF WAY MODIFICATION ORDER 2016

Supporting documents:

Minutes:

The Rights of Way Officer outlined the report which recommended that the Order be forwarded to the Secretary of State for Environment, Food and Rural Affairs and that Wiltshire Council should take a neutral stance in the matter.

 

Members of the Committee were given the opportunity to ask technical questions of the officer which focused on; the sufficiency of evidence of use that may be accepted and to clarify conflicts of evidence.

 

Members of the public then had the opportunity to present their views to the Committee, as detailed:

 

Public Participation

 

Josh Stratton spoke in objection to the order.

 

Jonathan Cheal spoke in objection to the order.

 

Romy Wyeth spoke in support to the order.

 

Beth Richardson-Aitken spoke in support of the order.

 

David Shaw spoke in support of the order.

 

The Rights of Way officer clarified a point that the ‘private road’ signs could be considered to relate to vehicle access and not on those passing by foot or on horse.

 

A debate followed where a motion was moved to refuse the order. Key points of the debate were; the current signage was not relevant; the need to cross examine evidence, relevance of some evidence and lack of historical data information.

 

The motion to refuse the order was lost and a new motion to approve the officers’ recommendation was moved.

 

Resolved

 

That “The Wiltshire Council Codford Path No. 15 Rights of Way Modification Order 2016” is forwarded to the Secretary of State for the Environment, Food and Rural Affairs and that Wiltshire Council takes a neutral stance in the matter.

100.

Planning Applications

To consider and determine the following planning applications.

Supporting documents:

Minutes:

The Committee considered the following applications:

 

101.

15/03120/FUL - Rosefield House, Polebarn Road, Trowbridge, BA14 7EQ

Supporting documents:

Minutes:

The case officer presented the revised report which recommended the application for a change of use of existing Stable Block at the rear of Rosefield House to form 2 residential units to include single storey

lean-to extension replacing shed building, be granted.

 

The key points identified in the officer’s presentation were outlined and comprised: the changes to the original plans and a light assessment results. Key planning issues referred to include; loss of employment land; ecology and parking and access.

 

Members of the Committee then had the opportunity to ask technical questions of the officer, key points included; the accuracy of the plans, where it was noted that there was a slight error with one plan drawing showing an erroneous line outside of the application site leading off proposed side extension.  Officers however confirmed that the submitted plans were to scale and no development would take place or protrude beyond the application site/subject building.

 

Members of the public then had the opportunity to present their views to the Committee, as detailed:

 

Public Participation

 

Alan Hayes spoke in support to the revised application which resolved his previous concerns and objections.

 

A debate followed where a motion was then moved to approve officer’s recommendation. The main focus of the debate was around the removal of asbestos and Members requested that an informative be added.

 

At the end of the debate it was;

 

Resolved

 

To grant planning permission, subject to the following conditions and informatives:

 

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.     No dwelling shall be occupied until parking spaces for four vehicles, together with the access thereto, have been provided in accordance with details to be submitted for approval in writing by the Local Planning Authority. The parking and turning spaces shall be retained for use as such thereafter.

 

REASON: In the interests of highway safety and the amenity of future occupants.

 

3.     No demolition, development or other internal works shall commence prior to the assessment of the building for bats and nesting birds. The assessment shall be carried out by a licensed, professional ecologist. If the buildings are assessed as having low, moderate or high potential for roosting bats or other protected species, then subsequent presence/absence surveys shall be undertaken. If presence of bats or other protected species is confirmed, an impact assessment comprising detailed mitigation measures, a monitoring strategy and habitat enhancements shall be submitted to the Local Planning Authority before any demolition or other internal works are undertaken. The mitigation strategy, monitoring and habitat enhancements shall be carried out in accordance with the approved details and as modified by a relevant European Protected Species Licence from Natural England (where applicable).

 

REASON: In the interests of the protection of Protected Species.

 

4.     The development hereby permitted shall be  ...  view the full minutes text for item 101.

102.

Planning Appeals and Updates

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

Supporting documents:

Minutes:

The Planning Appeals Update Report for 30/09/16 – 20/10/16 was received.

 

A formal question was asked by a member of the public pursuant to whether and how the Council calculates greenfield windfall residential development as part of the annualised housing land supply statement, It was agreed that the committee clerk would pass the question to the spatial planning team and obtain a written response and for it to be made available at the next meeting.

 

Resolved:

 

To note the Planning Appeals Update Report for 30/09/16 – 20/10/16.

103.

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.