Agenda and minutes

To receive any apologies or substitutions for the meeting.

There were no apologies.

To approve and sign as a correct record the minutes of the meeting held on 9 March 2022.

The minutes of the previous meeting of the Western Area Planning Committee held on 9 March 2022 were considered. Following which, it was:

Resolved

The Committee approved the minutes of the previous meeting of the Western Area Planning Committee held on 9 March 2022 as a true and correct record.

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

Cllr Antonio Piazza declared a non-pecuniary interest in Agenda Item 8a by virtue of his position on Trowbridge Town Council.

To receive any announcements through the Chair.

The Chairman asked that all phones were switched off or turned to silent mode to minimise any potential disturbances and explained the procedure if a fire alarm were to sound.

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 11 April 2022.

Submitted 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 6 April 2022in 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 8 April 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 pending and determined appeals as per the appeals report included within the Agenda Pack.

Members were advised of the summary decision of the appeal at Land on the South West side of Black Dog Hill, at Chapmanslade, for a gypsy and traveller pitch which officers had refused in March 2021 under delegated powers, and the committee were advised that two grounds for refusal succeeded at appeal which was dismissed and that there was no costs award.

Following which, it was:

Resolved:

The Committee noted the appeals report for the period 25 February 2022 to 1 April 2022.

To consider and determine the following Rights of Way Applications:

The Committee considered the following Rights of Way application:

To consider the 13 representation and 4 objections to The Wiltshire Council Parish of Westbury 29 and Dilton Marsh 20 Definitive Map and Statement Modification Order 2021 and The Wiltshire Council Parish of Westbury 28 and Dilton Marsh 19 Definitive Map and Statement Modification Order 2021.

Public Participation

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

Mr Rob Taylor, applicant, spoke in support of the application.

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

Ali Roberts, Definitive Map Officer, introduced the report which recommended that the Committee forward the application to the Secretary of State for the Environment, Food and Rural Affairs with the recommendation that it be confirmed as made.

Reference was made to the presentation slides (Agenda Supplement 1) and officers explained that the application was made in the interests of the landowner and proposed a diversion to the footpaths away from Dilton Vale Farm as there were five rights of way in total culminating in the garden of the dwelling, passing in close proximity to both sides of the home in touching distance of the windows. Officers explained that the applicants were proposing the diversions to allow an opportunity for increased privacy and security for the family home. The proposed new routes were explained with supporting photographs and maps. The tests to make an order to divert and the tests to confirm an order to divert were then detailed.

Members of the Committee were given the opportunity to ask technical questions to the officer. The main points of focus included: the length of the proposed diversions, proximity to other dwellings and any Council costs in the event an inquiry was held.

Officers confirmed that the rights of way had not changed in the 11 years since the applicant had moved into the property, the diversions added a few extra minutes onto the routes and that there would be no additional costs if an inquiry were to be held.

Members of the public, as detailed above, had the opportunity to address the Committee and speak on the application. In response to points raised during the statements, officers reiterated that the dwelling was very isolated, and the applicant and his family held genuine concerns for the safety, security and privacy of their family home.

Local Unitary Member, Cllr Suzanne Wickham, addressed the Committee and detailed her support for the application stating that she had walked the existing routes and had felt uncomfortable with the proximity to the dwelling. It was also noted that she had also walked the proposed routes and found them to be easy and offered better views of the house. Cllr Wickham then moved to forward the application to the Secretary of State for Environment, Food and Rural Affairs with the recommendation that it be confirmed as made, which Cllr Antonio Piazza seconded.

During the debate Members discussed increases in rural crime; the principle of recommending approval for applications in the interest of the land-owner; the proximity of the rights of way to Honey Lane; and any businesses such as wedding venue hire associated with the property which officers confirmed there were not. Officers further confirmed that the majority of representations of support received stated that they were walkers who were in  ...  view the full minutes text for item 38.

To consider and determine the following planning applications.

The Committee considered the following applications:

Conversion and alteration of former school principal building to 4 No. dwellings, and associated external works; and the erection of 16 No. dwellings and associated works following the demolition of the Polebarn Hall, Pine Hall and external WCs, and partial demolition of the Wool Store; and comprehensive landscaping.

18/04656/FUL & 18/05278/LBC - Courtfield House, Polebarn Road, Trowbridge, BA14 7EG

Public Participation

Dr Farrimond, local resident, spoke in objection to the application

Ms Teresa Bishop, local resident, spoke in objection to the application.

Mr Chris Beaver, agent to the applicant, spoke in support of the application.

Cllr Mel Jacob, on behalf of Trowbridge Town Council, spoke in objection to the application.

Steven Sims, Senior Planning Officer, introduced the report which recommended that the Committee delegate and defer the issuing of planning permission/listed building consent to the Head of Development Management for 18/04656/FUL, subject to planning conditions, and following the sealing of a s106 legal agreement covering the matters set out within Section 10 of the report, and for 18/05278/LBC, following the sealing of a s106 legal agreement to secure the requisite developer obligation and triggers for the renovation works to safeguard the listed building at Courtfield House as set out within Section 10 of the report.

The case officer informed the committee, that additional representations had been received since the publication of the agenda but that no fresh material planning matters had been raised that were not dealt with in the main report. Members were also advised that since the agenda publication, the Council had published an updated Housing Land Supply Statement with a baseline of April 2021, and that the figures cited on p.153 of the report were therefore outdated. However, as set out within a briefing note sent to Members in early April, the Council regrettably continues to be unable to demonstrate a 5-year housing land supply and the officer comments set out within the report remained relevant for the purposes of appraising the development proposal at Courtfield House.

Reference was made to the presentation slides and photographs (included within Agenda Supplement 1) and the case officer described the planning history and site circumstances, which included the increasing dereliction of the grade II* listed building which had suffered a spate of vandalism and arson in recent years.

A committee member site visit had taken place prior to the committee meeting which was referenced by the case officer as part of his summary of the case and the site constraints, which included a BAP habitat orchard that was subject to a Group TPO.

Officers confirmed that that through negotiated revisions, officers had secured the applicants commitment to safeguard the orchard and keep it free from development and to secure an Orchard Management Plan and have it protected through a s106 legal agreement.

Members were advised that three trees would be lost as part of the proposed development, but these would be compensated for by the planting of 13 new native trees, and that the trees to be lost was accepted by the Council’s arboricultural officer and ecologist.

The Committee was informed of the extent of demolition works proposed within the site, and with the aid of various slides, Members were shown the illustrated proposed dwellings, floor plans and vehicular access point alongside aerial maps, photographs and elevations.

Russell  ...  view the full minutes text for item 40.

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.