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Agenda and draft minutes

Venue: Council Chamber - County Hall, Trowbridge BA14 8JN

Contact: Jessica Croman  Democratic Services Officer

Items
No. Item

73.

Apologies

To receive any apologies or substitutions for the meeting.

Minutes:

Apologies for absence were received from:

 

Cllr Edward Kirk who was substituted by Cllr David Halik.

 

Cllr Phil Alford sent his apologies for the start of the meetings and arrived at 15:55.

74.

Minutes of the Previous Meeting

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

Supporting documents:

Minutes:

The minutes of the meeting held on 14 November 2018 were presented.

 

Resolved:

 

To approve as a correct record and sign the minutes of the meeting held on 14 November 2018.

 

75.

Declarations of Interest

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

Minutes:

There were no declarations of interest.

 

76.

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.

77.

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.

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.

 

78.

Planning Appeals and Updates

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

Minutes:

The Planning Appeals Update Report for 02/11/2018 and 30/11/2018 was received.

 

Resolved:

 

To note the Planning Appeals Update Report for 02/11/2018 and 30/11/2018.

79.

Appeals Report

Supporting documents:

Minutes:

Noted as detailed in minute number 79.

80.

Planning Applications

To consider and determine the following planning applications.

Supporting documents:

Minutes:

The Committee considered the following applications:

 

81.

17/08216/FUL Land North of 146, Upper Westwood BA15 2DE

Supporting documents:

Minutes:

Public Participation

George Mumford spoke in objection to the application

Chris Baines spoke in objection to the application

James Crawford spoke in objection to the application

Chris Beaver, Agent, spoke in support of the application.

Tim Leader, on behalf of Westwood Parish Council, spoke in objection to the application

 

Matthew Perks, Senior Planning Officer, introduced the application, which had been deferred at the last meeting for a member site visit, which took place on Monday 10 December 2018. The committee was informed that since the last meeting, the application had been materially revised which comprised the deletion of one of the proposed pods along with a reduced red lined site boundary plan with enhanced landscape planting proposals, the committee was presented with an updated report and list of planning conditions. Officers recommended the application for one self-contained camping pod with parking and change of use of land to leisure / tourism use be approved, subject to conditions. The committee was advised that following receipt of the revisions, a fresh consultation was completed lasting 10 days.  Members of the committee were advised that late representations had been received which were circulated to members of the committee on the day.

 

Key issues included; The principle of development, impacts on the Green Belt, Cotswolds AONB and special landscape, the impacts on the Conservation Area and neighbouring amenity; and highways impacts.

 

Members of the Committee had the opportunity to ask technical questions of the officer. Additional clarity was sought on whether the development comprised inappropriate development in the green belt, an appraisal of relevant case law and appeal decisions; and, the impacts of the additional vehicle movements.

 

In addition to responding to the matters raised, officers advised that only the site area outlined in red would be subject to the proposed change of use.

 

Members of the public, as detailed above, had the opportunity to speak on the application. 

 

Local Member, Councillor Johnny Kidney, spoke in objection to the development highlighting the sensitive nature of the site, the damage the development would have on the openness of the Green Belt and that the development was considered contrary to the NPPF and Core Policies 39, 51, 57 and the Cotswold AONB Management Plan.

 

A motion to refuse the application was moved by Councillor Trevor Carbin, which was seconded by Councillor Ernie Clark.

 

A debate followed where the following points of clarification were answered by officers: the relevance of the Cotswold AONB Management Plan, the current use of the land and what permission the land benefitted from.  There was also a discussion about the relevance of a recent decision to grant permission for a new car park at Dorothy House and the committee were informed of the very special circumstances that applied to that particular case.  Members were advised to appraise and weigh up the merits of the application and not be influenced by the determination of a separate application which did not share the planning description and was not in the same settlement or  ...  view the full minutes text for item 81.

82.

18/06893/FUL Former Health Clinic The Halve Trowbridge Wiltshire BA14 8SA

Supporting documents:

Minutes:

Public Participation

Fiona Watson spoke in objection to the application

Steve Morris spoke in objection to the application

Darren Odell spoke in objection to the application

 

David Cox, Senior Planning Officer, introduced the report which recommended that approval be granted, subject to conditions for the proposed development of the former health clinic building comprising a new second floor with 7 apartments and enlargement of the ground floor to accommodate a dental practice (D1 use class) within unit 1, the relocation of unit 2 and reduce the floor area of unit 3 with a new 2 bedroom apartment being created within the existing first floor (above the relocated ground floor unit 2) and external works.

 

The committee was informed prior to the officer’s slide presentation of a typographical error contained within the report. It was confirmed that the proposed 2 bed flat would be 43sq.m and not 53sq.m as reported.

 

The committee was also informed that three late representations had been received since the agenda publication, including a petition in support of the development submitted by the dental practice, which had 400 signatures. Members were however advised that the petition was handed in immediately before the start of committee proceedings and as a consequence, officers did not have the opportunity to review or confirm all the signatories. Members were however informed of the headline petition reasons for support.

 

The two other late representations raised objection against the application and it was noted that these had been circulated to members of the committee earlier in the week.  The case officer as part of his presentation, referenced the objection letters and informed the committee that within one of representations illustrations and impacts were included which the case officer considered to be inaccurate and for the benefit of the committee, the officer clarified the scaled measured dimensions and separation distances.

 

Reference was also made to a light assessment and the application of a 25 degree rule which was explained with the benefit of slides in addition to the content included within the published report. The committee was advised that whilst officers accepted the additional storey would result in some overshadowing and loss of direct sunlight to residential properties on the other side of the public carriageway, the development would not substantively fail the 25 degree test and that the impacts would not be severe enough to warrant a reason for refusal.

 

Members of the committee had the opportunity to ask technical questions of the officer with clarity being sought on: whether the application should have been submitted as an application for 14 flats by virtue of the proposed modifications to the consented first floor flats. Additional clarification was sought on the development being car free and the proposed arrangements for on-site car parking for the consented flats and D1 uses on the ground floor.  The committee also sought clarity on whether the application was CP45 compliant and whether the proposed amenity space would be sufficient enough for the number of flats being proposed. Members  ...  view the full minutes text for item 82.

82a

18/05384/FUL Land at Auckland Farm, Codford Warminster BA12 0LZ

Supporting documents:

Minutes:

Public Participation

Tony Kernon, Agent, spoke in support of the application.

Tom Thornton, spoke on behalf of Codford Parish Council, in objection to the application

 

Steven Sims, Senior Planning Officer, introduced the report which recommended approval be granted for the Proposed detached farm workers dwelling with integral garage and vehicular access.

 

Members of the Committee had the opportunity to ask technical questions of the officer. Details were sought on: the proximity to the nearest neighbour, the proximity to the AONB and to identify the proposed internal utility space.

 

Members of the public, as detailed above, had the opportunity to speak on the application. 

 

Local Member, Councillor Christopher Newbury, spoke on the application noting the difference of opinions of the AONB officer and agricultural consultant.

 

A motion to approve the officer’s recommendation was moved by Councillor Jonathon Seed and seconded by Councillor Pip Ridout which was caveated to require condition 9 to be made amended to clarify and secure more robust boundary planting.

 

A debate followed during which time the committee was advised of the recommended occupancy condition, which in accordance with case law and established planning practices, the agricultural tie allows for retired farm workers, widows, widowers or any resident dependants.  

 

At the end of the debate it was;

 

Resolved

 

To approve the application 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:

 

Amended site location plan scale 1:1250;

Amended proposed ground and first floor plans scale 1:50 dwg no. 02;

Amended proposed south and west elevation plan scale 1:50 dwg no. 03;

Amended proposed east and north elevation plan scale 1:50 dwg no. 04;

Amended block/street scene plan scale 1:250 dwg no. 05A;

Amended block plan scale 1:500 dwg no. 06A;

 

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

 

3          The occupation of the dwelling hereby approved shall be limited to a person solely or mainly working, or last working, in the locality in agriculture or in forestry, or a widow or widower of such a person, and to any resident dependants.

 

REASON: The site is in an area where residential development for purposes other than the essential needs of agriculture or forestry is not normally permitted and this permission is only granted on the basis of an essential need for a new dwelling/residential accommodation in this location having been demonstrated.

 

4          No development shall commence above ground floor slab level 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: The application  ...  view the full minutes text for item 82a

83.

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.

 

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