Agenda and minutes

To receive any apologies or substitutions for the meeting.

Apologies for absence were received from Cllr Pip Ridout, who was substituted at the meeting by Cllr Jerry Wickham

Cllr Christopher Newbury gave apologies that he would arrive late to the meeting. The Vice Chairman, Cllr John Knight, was in the Chair.

To approve and sign as a correct record the minutes of the meeting held on 14 December 2016.

The minutes of the meeting held on 14 December 2016 were presented.

Resolved:

To approve and sign as a correct record and sign the minutes of the meeting held on 14 December 2016

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.

The Chairman had no 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 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 Wednesday 4 January 2017, 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 6 January 2017. 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.

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.

To consider and determine the following planning applications.

Public Participation

Rachel Yeomans, as the agent, spoke in support.

Mr Kevin Lockwood, as the applicant, spoke in support.

Mr Steve Payne, resident, spoke in support.

The planning officer, James Taylor, presented the report on an outline application for the erection of two detached dwellings, in which all matters except for access were reserved. It was recommended that the application be refused.

The key planning issues identified in the officer’s presentation were outlined, and comprised: the alignment of the size of the proposed development with the housing needs of the area; the 5 year housing land supply shortage; the development’s location outside of a main settlement; the distance from public transport routes; the current condition of the site; drainage options for the site; and the impact of the development upon the character of the area.

Members of the Committee then had the opportunity to ask technical questions of the officer. In response to questions it was confirmed that the statement in item 7 of the report, stating that Highways had no objection, was a typing error and should state that there was an objection. The planning officer also clarified the position of various local amenities and sites in relation to the proposed development site.

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

Cllr Roy While, as the local unitary division member, spoke in support of the application.

Cllr Ernie Clark, seconded by Cllr Trevor Carbin, moved that the application be refused for the reasons presented in the officer’s report.

In the debate that followed issues discussed included: that the air ambulance and local haulage sites were close by; that it was not an isolated site and that development would improve the character of the area; that there were public transport links close by; that it was important to act in accordance with existing housing policy; that the settlement was closer to Semington despite it falling within the Melksham without parish boundaries; and that the 5 year housing supply shortfall should be considered.

During the debate the planning officer clarified the position of a bus-only access gate; and confirmed that there was a 5 year housing supply shortfall. 

At the conclusion of the debate, it was:

Resolved:

To refuse planning permission for the following reason:

Having regard to all the submissions and relevant policies, including the policies of the NPPF taken as a whole, and mindful of the nominal 5-year housing land supply shortfall, this application is considered to be an inappropriate, unsustainable form of development which would have an adverse impact on the character and appearance of the area and highway impacts cumulatively would significantly and demonstrably outweigh the benefit of providing two additional dwellings in an open countryside location and the provision of employment created through construction processes. As such the proposal is not considered to represent sustainable development being contrary to CP1, CP2, CP51, CP57, CP60, and CP61 of the Wiltshire Core Strategy 2015 and the policies of  ...  view the full minutes text for item 7.

The Chairman thanked the Vice Chairman for presiding over the first part of the meeting

The planning officer, Steve Sims, presented the report which comprised an outline application for the use of the site for car boot sales for 6 additional days over and above the 14 days allowed under permitted development rights. It was recommended that the application be approved.

The key planning issues identified in the officer’s presentation were outlined, and comprised: the size and nature of the site; the impact on the adjoining and nearby highways; the impact on local residents and the business opposite; and the impact on the local economy.

Members of the Committee then had the opportunity to ask technical questions of the officer. In response to questions it was confirmed: that a previous application (in 2008) for the site had been refused. However, the previous application was for significantly more days and was based on a council policy which was now out of date; and that there were currently no operational or time restrictions on the current 14 days allowed under permitted development rights but that the committee could, if justified, condition the use of the site for the additional 6 days. Members were however informed that there had been no objections raised by the highways team around safety or increased congestion placed on the surrounding roads.

There were no members of the public in attendance who wished to speak.

Cllr Jonathon Seed, as the local unitary division member, spoke in support of  the application and highlighted the following key points: that the parish council had been concerned about the site for some time; that lots of local correspondence had been received with reference to the application; that the early time at which stall holders arrived to set up was a greater problem than the use of the site on principle due to the noise generated which caused problems for a neighbouring business; and that restricting the permission to a 7am start would be a way of mitigating that problem while balancing the needs of both businesses.

Cllr Jonathon Seed, seconded by Cllr Trevor Carbin, moved that the application be approved subject to a condition restricting access before 7am for the additional 6 days of use requested.

In the debate that followed, issues discussed included: that a restriction on start time would generate difficulties for car boot stall holders; that access on and off the site from the main road was difficult; that there was a recommended informative for a travel marshal to be located at the exit of the site; that approval of this application would not significantly impact the existing congestion of the road; that an early start time might lead to people queuing on the road; that enforcement of the time restriction might be difficult; whether the proposed condition was reasonable and enforceable; and that the interests of both businesses (the applicant and their neighbour) should be considered.

After a vote, the motion was lost

Cllr Jerry Wickham, seconded  ...  view the full minutes text for item 8.

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

The Planning Appeals Update Report for appeals received between 02/12/2016 and 16/12/16 was received.

There were no questions

Resolved:

To note the Planning Appeals Update Report for the period between 02/12/16 and 16/12/16

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.