Agenda and minutes

To receive any apologies or substitutions for the meeting.

Apologies for absence were received from:

Cllr Jonathon Seed

Cllr Pip Ridout who was substituted by Cllr Roy While

To approve and sign as a correct record the minutes of the meeting held on 12 December 2018.

The minutes of the meeting held on 12 December 2018 were presented.

Resolved:

To approve as a correct record and sign the minutes of the meeting held on 12 December 2018.

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

Cllr Ernie Clark, relating to item 8, clarified his involvement, noting that he was not one of the organisers of the application but had responded to the applicants as a member of the public. He had not pre-determined his thoughts on the application and would approach with an open mind.

Cllr Clark referred to section 25 of the Localism Act 2011, noting that he had potentially given a prior indication of a view on the application. However a prior indication did not amount to pre-determination or bias but a pre-disposition. Reference was made to section 25(2) highlighting that, it was clear that a decision maker should not be taken to have had a closed mind when making a decision, because the decision maker had indicated a view they had taken, or may take, in relation to a matter and the matter was relevant to the decision.

Cllr Edward Kirk declared an interest in item 8 and excluded himself from the debate and voting.   

To receive any announcements through the Chair.

There were no Chairman’s Announcements.

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

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.

A late question had been received from Cllr Trevor Carbin which read:

Have any comments been received from town and parish councils about the recent changes to the weekly lists of applications and decisions?

An officers response had been prepared which read:

With the change in format of weekly lists, we have received 14 positive comments and 13 negative comments.

Of the negative comments, 4 were from Parishes (West Tisbury, Wilsford Cum Lake, Buttermere and Alediston) but these were more comments and questions than complaints.

Of the positive comments, 6 were from Parishes (Nettleton, Quidhampton, Steeple Ashton, Hullavington, Atworth, and Cllr Bucknell representing Lyneham).

Cllr Carbin had the opportunity to respond and it was noted that Holt PC were  not happy with the change as it inconvenient for parishes.

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

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

Public Participation

Francis Morland spoke on the appeals report

The Planning Appeals Update Report for 30/11/2018 and 22/02/2019 was received.

The Area Team Leader, in response to points and criticisms raised during the public forum, noted the criticisms levelled at the Council and the planning inspectorate and advised that the asserted failings pursuant to publishing and sharing relevant documents timeously for the cited planning enforcement appeal, would be passed on to the relevant officers to investigate. In response to a separate appeal, and the criticisms levelled at the Council and planning inspector for not pursuing the concerns of the Parish Council, the officer advised that it was for the appointed inspector to determine what weight to afford to the representations provided by consultees and third parties.

Cllr Ernie Clark then asked the officer how long appeals generally take and there was a brief discussion about the timescales for different appeals.  The elected members were also briefly informed of the recent Rosewell Report. 

Resolved:

To note the Planning Appeals Update Report for 30/11/2018 and 22/02/2019.

To consider and determine the following planning application

a)    18/09808/DP3 Holt Pre-School, The Gravel, Holt Trowbridge BA14 6RA

Steve Sims, Senior Planning Officer, introduced the report, which had been recommended for approval, subject to conditions, for a renewal of temporary planning permission for a single mobile at Holt Pre School.

Key issues included; Impact upon the Character and Appearance of the Area; Impact upon the Living Conditions of Neighbouring Residents and Highway Issues.

Members of the Committee had the opportunity to ask technical questions of the officer. Details were sought on: Why the application kept returning for temporary planning permission rather than permanent permission and whether the occupiers were a private company or part of the school.

The Officer, in response to the questions noted that; although it was not best practice to continually return for temporary planning permission, it was acceptable; and that he was unaware whether the nursery operated as a private entity or as part of the school.

There were no members of the public registered to speak on the application.

Local Member, Cllr Carbin moved the officers recommendation with an additional informative, following advice provided by the area team leader, to encourage the applicant to plan for a more permanent solution prior to 2024. The motion was seconded by Cllr Andrew Davis.

At the end of the debate it was;

RESOLVED

To approve temporary planning permission subject to the following conditions:

1.         The development hereby permitted shall be carried out in accordance with the following approved plans:  Location plan scale 1:1250; Plans and elevations scale 1:100 dwg no. 1237/59 Rev O.

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

.

2.         The pre-school classroom is hereby approved on a temporary basis and shall be removed from the site and the land restored to grass on or before 6 March 2024.

REASON: To define the terms of the planning permission.

Planning Informative:

1. The pre-school nursery and the local authority pre-school coordinator are duly encouraged to take notice of the registered third party concern relative to noise levels pursuant to the use of the lane by children; and, to ensure there is appropriate supervision of children to quell noise levels mindful of the proximity to neighbouring residential properties and to safeguard privacy and amenities.

2. This consent represents a second renewal of planning permission for the temporary structure; and, in the interests of good planning; the applicant is strongly encouraged to plan for a more permanent solution prior to 2024.    Should an additional renewal application be lodged prior to 2024 to retain the mobile classroom, any such application should be supported by substantive evidence setting the steps that have been taken to deliver a permanent development and a justification explaining why a subsequent renewal is necessary and appropriate.

To consider the following report

a)    COMMONS ACT 2006 – SECTION 15(1) AND (2) APPLICATION TO REGISTER LAND AS A TOWN OR VILLAGE GREEN – CHURCH FIELD, HILPERTON

Public Participation

Dave Powell, Agent, spoke in objection to the application

Elizabeth Pike spoke in objection to the application

Heidi Hart spoke in support of the application

Nicola Walker Westwood spoke in support of the application

Graham Kehily spoke in support of the application

Marylyn Timms, Clerk to Hilperton Parish Council, spoke on behalf of the Parish Council

Sally Madgwick, Definitive Map & Highways Records Team Leader for Rights of Way and & Countryside, introduced the report which sought approval to appoint an independent Inspector to hold a non-statutory Public Inquiry and provide an advisory report for the Western Area Planning Committee on the application to register land as a town or village green at Church Field, Hilperton.

Members of the Committee had the opportunity to ask technical questions of the officer, of which there were none.

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

Local Member, Cllr Ernie Clark, spoke on the application, noting that a public inquiry would be the best way forward. Following this Cllr Ernie Clark moved the officers recommendation, which was seconded by Cllr Stewart Palmen.

At the end of the debate it was;

RESOLVED

The Committee agreed for Wiltshire Council to appoint an independent Inspector to hold a non-statutory Public Inquiry and provide an advisory report for the Western Area Planning Committee on the application to register land as a town or village green at Church Field, Hilperton.

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.