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Agenda and minutes

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

Contact: Jessica Croman  Democratic Services Officer

Items
No. Item

79.

Apologies

To receive any apologies or substitutions for the meeting.

Minutes:

Apologies for absence were received from Councillors Ernie Clark, Andrew Davis and Christopher Newbury.

 

Councillor Davis was substituted by Councillor Roy While.


Councillor Newbury was substituted by Councillor Jerry Wickham.

80.

Minutes of the Previous Meeting

To approve and sign as a correct record the minutes of the meeting held on 20 September 2017.

Supporting documents:

Minutes:

The minutes of the meeting held on 20 September 2017 were presented.

 

Resolved:

 

To approve as a true and correct record and sign the minutes of the meeting held on 20 September 2017.

81.

Declarations of Interest

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

Minutes:

Councillor Andrew Davis, attending as the local member and not a member of the committee, declared that he was a part of the Feoffees (Trustees) of St Lawrence Chapel who were objectors in relation to applications 17/03839/FUL and 17/04445/LBC.


Councillor Pip Ridout declared a non-pecuniary interest in relation to applications 17/03839/FUL and 17/04445/LBC by virtue of being a member of St Lawrence Chapel.

 

Councillor Peter Fuller declared a non-pecuniary interest in application 17/06492/FUL. As he considered the applicant a close friend, he would leave the meeting when the item was considered.

82.

Chairman's Announcements

To receive any announcements through the Chair.

Minutes:

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

83.

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 Wednesday 11 October 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 13 October 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.

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.

 

84.

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 was received. Attention was drawn to a correction to the last appeals update relating to a costs application that was lodged by Wiltshire Council in relation to refused application 17/00644/FUL, which was dismissed by the planning inspector.  A short statement was also received from Mr Francis Morland.

 

Resolved:

 

To note the Planning Appeals Update Report for 8 September 2017 to 6 October 2017.

85.

Codford Path No. 15 Right of Way Modification Order 2016

Supporting documents:

Minutes:

Public Participation

Jonathon Cheal spoke in objection to the order.

Josh Stratton, landowner, spoke in objection to the order.

Bob Richardson-Aitken spoke in support of the order.

Helen Belchamber spoke in support of the order.

David Shaw spoke in support of the order.

Cllr Tom Thornton from Codford Parish Council spoke regarding the application.

 

The Chairman introduced the item, noting that the Committee had previously considered the modification order on 2 November 2016. As objections had been received the order was required to be sent to the Secretary of State for Environment, Food and Rural Affairs for determination, and the Committee had resolved that the Council should take a neutral stance as to whether the order should be confirmed, considering the balance of evidence not sufficient to support a recommendation of confirmation as made, confirmation subject to modification or withdrawal.

 

Following that meeting officers became aware that advice provided to the Committee in relation to evidence under Section 31(6) of the Highways Act 1980, in relation to landowner’s deposits made under that section and the effect upon the relevant 20 year period of purported use of the order route, was incorrect. Having been given legal advice by a solicitor and legal counsel  that interpretation of the law had changed which had impacted on the information originally given to Committee.  The matter had therefore been referred back to the Committee to consider the effect of the new information on the evidence relating to the order, and therefore their previous decision. The Committee was informed that if Members decided to stick to their original decision the new information would in any event be presented to the Inspector,

 

The Committee were advised that whatever stance they may have taken when the matter was previously considered, they would need to consider with an open mind the additional information and whether its effect upon the evidence was such that they wished to reach a new decision, or uphold their previous decision.

 

Sally Madgwick, Team Leader Definitive Map and Highway Records, presented the report, which recommended that order be forwarded to the Secretary ofState with the recommendation the order be confirmed as made. The history of the order and details of the route were provided, along with the extent of evidence.  The Committee’s attention was drawn to an error in paragraph 16 of the report which incorrectly stated that ‘Mr Josh Stratton never made a declaration to accompany either of his deposits’ whereas Mr Josh Stratton did make a statutory declaration to accompany the 2011 deposit.

 

Members of the Committee then had the opportunity to ask technical questions of the officers.

 

Members of the public then had the opportunity to address the Committee, as detailed above.

 

A debate followed, where the nature of the legal advice was explained by Sarah Marshall, Senior Solicitor, along with its impact on the relevant period to be considered, with some members arguing that the impact of the new advice on the evidence meant, on the balance of probabilities, that  ...  view the full minutes text for item 85.

86.

Planning Applications

To consider and determine the following planning applications.

Minutes:

The Committee considered the following applications:

 

87.

17/03839/FUL and 17/04445/LBC - 3 High Street, Warminster BA12 9AG

Supporting documents:

Minutes:

Public Participation

Ian Frostick on behalf of the Feoffees of St Lawrence Chapel spoke in objection to the application.

Duncan Lawrence, agent, spoke in support of the application.

Cllr Sue Fraser on behalf of Warminster Town Council spoke in objection to the application.

 

The senior planning officer, Matthew Perks, introduced a report which recommended planning permission be granted for the refurbishment of the existing frontage building at No. 3 High Street to provide 2 shops with 3 flats above plus new residential development of 5 dwellings and landscaping to the rear. Officers also recommended that listed building consent also be granted for alterations and extensions to the listed building.

 

A site visit had been undertaken by Committee members ahead of the meeting in accordance with the deferment resolution made at the previous meeting dated 20 September 2017.

 

Officers referenced additional reported details contained within the published reports as well highlighting corrections and identifying amendments made to the recommended planning conditions.

 

Key issues highlighted included the impacts on the heritage assets of the host property itself as well as the neighbouring chapel and the wider conservation area.  The public benefits of refurbishing a property and bringing it back into a viable use were also highlighted as well as the access arrangements and limitations and the fact that the proposed development would not have any dedicated car parking provision.

 

Members of the Committee then had the opportunity to ask technical questions of the officer, seeking clarification regarding the use and ownership of neighbouring properties, bin storage provision and the access arrangements.

 

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

 

The local member, Councillor Andrew Davis, then spoke in objection to the application.

 

A debate followed whereby the effects and impacts on the host building, conservation area and the chapel were discussed, and whether the proposals would deliver benefits to the listed building and wider conservation area through the proposed renovation work to what is a significant and prominent listed building which had rapidly deteriorated over many years. There was also recognition by members that the proposals offered opportunity to save the building and return it into a viable use. There was also a discussion about whether the less than substantial harm to the listed building was offset by the reported public benefits.

 

A motion to approve the planning and listed building applications was moved by Councillor Trevor Carbin, and seconded by Councillor Jerry Wickham. Following a vote, resolved as below, a motion to grant Listed Building Consent was moved by Councillor Sarah Gibson, seconded by Councillor Jerry Wickham. At the conclusion of debate, it was,

 

Resolved:

 

That authority be delegated to the Head of Development Management to GRANT planning permission, subject to conditions listed below and following the completion of a S106 legal agreement which would bind the developer and this permission to firstly secure and complete all the necessary repair works to bring the Grade II Listed building at No. 3 High  ...  view the full minutes text for item 87.

88.

17/06331/FUL - Rothermere, Bythesea Road, Trowbridge BA14 8JQ

Supporting documents:

Minutes:

Public Participation

Eileen Smith spoke in objection to the application on behalf of the residents of Regal Court.

 

The senior planning officer, Matthew Perks, presented a report which recommended approval be granted for change of use from office (B1) to Drug and Alcohol Misuse Advice and Treatment Centre (D1), and conversion of first floor to cluster housing unit of 5 bedrooms and communal facilities. The application was to be determined by Committee as it was a Wiltshire Council application which had received objections. Key issues were stated to include the principle of development and impact upon neighbouring amenity.

 

Members of the Committee then had the opportunity to ask technical questions of the officer. It was confirmed that it was not proposed that the facility would be manned 24 hours per day, but officers did recommend that a facility management plan should be prepared in advance of any works commencing on the site and that the housing unit as part of the treatment centre was for use by those who had already received treatment and had detoxed.

 

Members of the public then had the opportunity to address the Committee, as detailed above.


The local member, Councillor Stewart Palmen, then spoke in support of the application.

 

A debate followed, where members discussed the concerns that had been raised by local residents, but noted that similar facilities had not led to any increase in crime, disorder or anti-social behaviour, and noted that the site had previously been used as a Probation office. It was stressed that the Council had a duty to support vulnerable persons and the site was considered a suitable and sustainable location for such a facility which would be close to other social services. Following a discussion about how best to liaise with the local residents at Regal Court is was agreed that a planning informative would be applied to the decision requiring the Council’s public protection anti-social behaviour officer to make contact with and offer to meet with the residents of Regal Court to help allay any concerns.

 

A motion to approve the application with the addition of an informative as detailed below was moved by Councillor Palmen and seconded by Councillor Philip Alford and at the conclusion of the debate, it was,

 

Resolved:

 

That planning permission be granted 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:  Site Plan registered on 04 August 2017; Floor Plan as Exiting registered on 04 August 2017; and Floor Plan as Proposed registered on 04 August 2017

 

            REASON: For the avoidance of doubt and in the interests of proper planning.

 

3.            The development hereby approved shall not be brought into use  ...  view the full minutes text for item 88.

89.

17/06492/FUL - 19/19A The Old Bakehouse, Stallard Street Trowbridge BA14 9AJ

Supporting documents:

Minutes:

Public Participation

John Knight, applicant, spoke in support of the application.

 

The senior planning officer, Matthew Perks, presented a report which recommended that permission be granted for existing shop and residential accommodation to be converted to 7 self-contained flats. Key issues were stated to include the principle of the proposed conversion, parking issues and impact on neighbouring amenity.

 

Members of the Committee then had the opportunity to ask technical questions of the officer. Details were sought on the layout of the site, bin storage provision, whether the site was inside or outside the town centre, the ownership of the entrance yard and parking provision. In response to queries it was confirmed that the site was outside the town centre, but close to amenities, the railway station and good public transport opportunities.  It was confirmed that the site was considered a highly sustainable location for this proposed development and the slight shortfall in terms of on-site car parking was not considered robust enough reason to refuse the application.

 

Members of the public then had the opportunity to address the Committee, as detailed above.

 

The local member, Councillor Stewart Palmen, then spoke in objection to the application.

 

A debate followed, where members discussed the parking arrangements and ease of access to the site, the number of units applied for and whether this constituted overdevelopment.


A motion was moved by Councillor Palmen, seconded by Councillor Sarah Gibson, to refuse the application. Following a vote the motion was lost.

 

A motion was then moved by Councillor Jerry Wickham, seconded by Councillor Trevor Carbin, to approve the application. At the conclusion of debate, it was,

 

Resolved:

 

That planning permission be granted 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:

JK01a Location and Site Plan Registered on 28 July 2017; JK02a Existing Floor Plans Registered on 28 July 2017; JK03a Existing Plans/Sections Registered on 28 July 2017; JK04b Existing Elevations Received on 6 October 2017; JK05a Proposed Plans/Sections Registered on 28 July 2017; JK06a Proposed Elevations Registered on 28 July 2017; JK07 Existing Elevations Registered on 28 July 2017

 

REASON: For the avoidance of doubt and in the interests of proper planning.

 

3.            No development shall commence on site until details of the proposed dormers, including materials, at a minimum scale of 1:20 have been submitted to and agreed in writing by the Local Planning Authority:

 

REASON:   In the interests of visual amenity and the character and appearance of the Conservation Area.

 

4.     The development hereby permitted shall not be first occupied until secure covered cycle parking for at least 7 no. bicycles have been provided in accordance with the hereby approved plans and  shall be  ...  view the full minutes text for item 89.

90.

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.