Agenda and minutes

To receive any apologies or substitutions for the meeting.

Apologies for absence were received from Cllr Ernie Clark.

To approve and sign as a correct record the minutes of the meeting held on 16 February 2022.

The minutes of the previous meeting of the Western Area Planning Committee held on 16 February 2022 were considered. Cllr Trevor Carbin relayed feedback that he had received after the last meeting regarding the sound quality and requested that Members and officers made extra effort to speak clearly, especially if they were wearing masks.

Following which, it was:

Resolved

The Committee approved the minutes of the previous meeting of the Western Area Planning Committee held on 16 February 2022 as a true and correct record.

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

Cllr Edward Kirk declared a non-pecuniary interest in Agenda Item 7b and stated that he would not participate in the debate or vote.

To receive any announcements through the Chair.

The Chairman made those in attendance aware of the COVID regulations that were in place for the meeting and asked that all phones were switched off or turned to silent mode to minimise any potential disturbances.

Statements

Members of the public who wish to submit a statement in relation to an item on

this agenda should submit this in writing to the officer named on this agenda no later than 5pm on Monday 7 March 2022.

Statements should:

·       State whom the statement is from (including if representing another person or organisation);

·       State clearly whether the statement is in objection to or support of the

·       application;

·       Be readable aloud in approximately three minutes (for members of the public and statutory consultees) and in four minutes (for Parish Council representatives – 1 per Parish Council).

Up to three objectors and three supporters are normally allowed for each item

on the agenda, plus statutory consultees and Parish Councils.

Those submitting statements would be expected to attend the meeting to read

the statement themselves, or to provide a representative to read the statement

on their behalf.

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 electronically to the officer named on the front of this agenda no later

than 5pm on Wednesday 2 March 2022 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 4 March 2022.

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 members prior to the meeting and made available at the meeting and on the Council’s website.

Questions and answers will normally be taken as read at the meeting.

The Chairman explained the rules of public participation and the procedure to be followed at the meeting.

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

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

The Chairman invited Kenny Green, Development Management Team Leader, to update the Committee on any completed and pending appeals as per the appeals report included within the Agenda Pack.

Members were informed that two appeals had been determined, both of which were lost. It was noted that Application 20/11515/OUT, Land South of Sandhole Lane, Westbury, was well publicised and the appeal had gone to public enquiry at the end of 2021. The decision had been defended by the former Development Management Head of Service for Wiltshire Council, but the appeal was allowed with the Planning Inspector applying paragraph 11 of the National Planning Policy Framework (NPPF) and gave significant weight to the current housing land supply deficit. The result of the second appeal (Applications 21/02064/FUL & 21/03603/LBC, Manvers House, Bradford on Avon) was noted and it was explained that the Inspector had not agreed with the arguments citing heritage harm and neighbouring impacts. However, officers highlighted that neither appeal resulted in any costs against the Council.

Members raised concerns residential schemes being allowed at appeal on the basis of a lack of a land supply and questioned whether the issue should be raised to Cabinet. Officers shared the concern and advised members that the appeal decisions were very disappointing. It was further noted that officers were still awaiting the publication of the updated annual five-year land supply statement from the Spatial Planning team. Members expressed disappointment with the situation, and in particular, the Sandhole Lane appeal. The move away from assessing residential schemes against market areas towards assessing housing situations against Wiltshire as a whole was discussed and officers again reiterated that they were still awaiting publication of the updated housing supply statement.

Officers highlighted that a complaint could be submitted to the CEO of the Planning Inspectorate. It was noted that any judicial review would have had to been lodged within 6 weeks of the decision and it would have to demonstrate that the Inspector made an unlawful decision, not just one that Members/the Council disagreed with.

Members heard from Cllrs Gordon King and Matthew Dean who expressed great disappointment in the appeal decision at Sandhole Lane and volunteered to assist in drafting any complaint letter.  Members also heard that regular meetings were being held between the Leader and the Rt Hon Michael Gove MP alongside Andrew Murrison MP with respect to the Government policy on the five years housing land supply, and appeals being allowed against adopted local plans and made neighbourhood plans.

Kenny Green advised members that he had experience in making a complaint to the CEO of the Planning Inspectorate for previous appeal decision making and explained that the Council could send a complaint for the Sandhole appeal and invited Cllr King to submit his concerns in writing to be included within a formal letter of complaint that would carry the name of the service director.

Cllr Stewart Palmen moved that the Council should complain in writing to the CEO of the Planning Inspectorate through the route  ...  view the full minutes text for item 26.

To consider and determine the following planning applications.

The Committee considered the following applications:

Full planning application for the construction and operation of a 7.5MW gas peaking generation plant to include: an electrical substation, gas kiosk, gas engines, access, CCTV, lighting and associated works.

Public Participation

Ms Deanna de Roche, local resident, spoke in objection to the application.

Mr David Holtum, local business owner, spoke in objection to the application.

Mr Francis Morland, local resident, spoke in objection to the application.

Mr Alan Siviter, agent to the applicant, spoke in support of the application.

Cllr Gordon King, on behalf of Westbury Town Council, spoke in objection to the application.

David Cox, Senior Planning Officer, introduced the report which recommended that the Committee delegates authority to the Head of Development Management to grant planning permission, subject to planning conditions and informatives, following the completion of a s106 legal agreement pursuant to the Town and Country Planning Act 1990 to secure a £23,333.31 developer contribution to mitigate against the environmental air quality effects in Westbury.

Reference was made to the presentation slides (Agenda Supplement 1) and officers explained the site area and its location with respect to neighbouring businesses within the trading estate. Officers detailed the make-up of the proposal, namely; five gas engines, electrical substation, exhaust stack, gas kiosk and oil tank. The proposed elevations and plans were then clarified alongside pictures of the site and surrounding areas for further context. The Air Quality Management Area (AQMA) was shown, and officers displayed extracts from the Westbury Air Quality Management Plan (WAQMP), Air Quality Assessment and IQAM Guidance. It was noted that these slides alongside the report, concluded that the percentage change in concentration relative to Air Quality Assessment Level was moderate and at ‘Level 2’ in the WAQMP. Furthermore, it was explained that Wiltshire Council has sought a Counsel Opinion, a copy of which was included within the Agenda Pack, and officers went on to detail the headline bullet points. Officers highlighted that if Members were minded to approve the application, then the £23.3k developer contribution could be used to fund improvements to the A350 itself to help improve traffic flow through the town and to aid in the Council’s commitment to achieve carbon neutrality by 2030.

Key issues highlighted included: principle of development; supporting energy supply; impact on climate change/carbon neutrality; environmental impacts (especially air quality); neighbouring impacts; highways impacts; impact upon the setting of a local Heritage Asset; flood risk; and ecology impacts.

Members of the Committee, the Local Unitary Member, Cllr Matthew Dean, and other Local Member, Cllr Gordon King, as invited by the Chairman, were given the opportunity to ask technical questions to the officer. The main points of focus included: the intention for each facet of the proposal eg: the oil tank; individual contribution of the development to NO2 levels in AQMA, disparity between the application and Wiltshire Council’s climate change pledge; the Counsel Opinion; site safety; a focus on traffic; employment losses; visual intrusion; and the £23.3k contribution.

In response, officers clarified that the individual contribution of the development to the NO2 levels in the AQMA was predicted to be 0.04 µg/m3 and although this would be exceeding the AQS objective of an annual mean NO2 set at 40  ...  view the full minutes text for item 28.

Removal of existing garage/kitchen extension & erection of three-bedroom end terrace dwelling.

Steven Vellance, Planning Officer, introduced the report which recommended that the Committee approve the application, subject to conditions, for the removal of an existing garage/kitchen extension and erection of a three-bedroom end terrace dwelling.

Reference was made to the presentation slides (Agenda Supplement 1) and officers stated that they were satisfied that both properties would continue to have adequate garden space and that there would be a designated space between the two dwellings to access the garden from the front. It was further explained that the existing access point would be utilised, and off-road parking would be created on the application site to mitigate highways concerns. Proposed elevations and street scenes were then detailed, and it was noted that the proposed dwelling was designed to compliment the existing houses in the area and as such, officers were satisfied that there would be no overbuilding. The sewer pipe route was displayed, and officers explained that Wessex Water were consulted and had no objections to the application. Additionally, it was noted that the applicant was aware of the route and would do on-site water drainage.

Key issues highlighted were: principle of development; the impact on the character of the area; impacts on neighbouring amenity for existing and future occupiers; and highway safety.

Members of the Committee were then given the opportunity to ask technical questions to the officer. The main points of focus included: property valuations and if the development would lead to a loss in the value of neighbouring properties. Officers explained that property valuations were not a sincere planning policy and as such should have no impact on the decision.

Cllr Trevor Carbin moved to approve the application in line with officer recommendations, which was seconded by Cllr Christopher Newbury.

During the debate Members noted that they felt the development would improve the street scene rather than mar it.

At the conclusion of the debate a vote was taken on the motion to approve in line with officer recommendations.

Following which, it was:

Resolved

The Committee unanimously APPROVED 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:

Existing ground floor plan & elevations received on 02.07.2021. Site location plan & block plan, proposed floor plans, proposed elevations received on 17.11.2021. Proposed street scene, proposed block plan with car parking received on 18.01.2022.

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

3.       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  ...  view the full minutes text for item 29.

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.