Agenda and draft minutes

To receive any apologies or substitutions for the meeting.

Apologies for absence were received from:

• Councillor Jonathon Seed, who was substituted by Councillor Tony Jackson
• Councillor David Vigar, who was substituted by Councillor Gordon King
• Councillor Suzanne Wickham

To approve and sign as a correct record the minutes of the meeting held on 6 November 2024.

The minutes of the previous meeting held on 6 November 2024 were considered.

Resolved:

The Committee approved and signed the minutes of the previous meeting held on 6 November 2024 as a true and correct record.

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

There were no declarations of interest.

To receive any announcements through the Chair.

There were no specific Chairman’s announcements.

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 no later than 10 minutes before the start of the meeting. If it is on the day of the meeting registration should be done in person.

The rules on public participation in respect of planning applications are linked to 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 and others will have had the opportunity to make representations on planning applications and other items on the agenda, and to contact and lobby their local elected member and any other members of the planning committee, prior to the meeting.

Those circulating such information prior to the meeting, written or photographic, are advised to also provide a copy to the case officer for the application or item, in order to officially log the material as a representation, which will be verbally summarised at the meeting by the relevant officer, not included within any officer slide presentation if one is made. Circulation of new information which has not been verified by planning officers or case officers is also not permitted during the meetings.

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 27 November 2024 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 29 November 2024. 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.

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

There were no questions or statements submitted by Councillors or members of the public.

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

The Chairman invited Kenny Green, as the Planning Manager for Development Management, to update the Committee on the pending and determined appeals as per the appeals report included within the Agenda Pack.

The two determined appeals were detailed, with Members being informed of the successful defence of application PL/2023/07590 pursuant to an outline application for the erection of a dwelling, in which it was found that the site was not suitable for housing due to unacceptable highways consequences.

Members were also provided with an update on the follow up engagement with the Planning Inspectorate regarding the appealed development at Siennas Valley Farm, Chapmanslade, to which application PL/2023/05142 referred, pursuant to the erection of a two-storey dwelling located off Huntenhall Lane. It was confirmed that a letter had been sent to the Planning Inspectorate highlighting specific concerns about inconsistent decision making and assessment made by the appointed Planning Inspector, and that an acknowledgement had been received. Members were advised that they would be updated when a full response had been obtained by officers.

On a separate matter, an update was requested for the pending appeal determination pursuant to application PL/2021/09013, relative to a 205 dwelling application that was refused at Strategic Planning Committee for Land West of Westbury Road, Warminster. In response, it was confirmed that the appeal had been adjourned until mid-January 2025 and that officers were in the process of responding to a series of requests from the appointed Planning Inspectors, and an update would be provided to the Strategic Planning Committee in due course.

Following which, it was:

Resolved:

The Committee noted the appeals report for the period 25 October 2024 to 22 November 2024.

To consider Legal Advice requested by the Western Area Planning Committee (WAPC) at its meeting dated 6 November 2024, to assist in its determination of an application made under s.15(1) and (2) of the Commons Act 2006 to register land as a Town or Village Green (TVG), Southwick Court Fields, in the parishes of Southwick and North Bradley.

Public Participation

• Mr Francis Morland spoke in objection to the recommendation.
• Mr Barry Jones spoke in objection to the recommendation.
• Mr David Richardson spoke in support of the recommendation.
• Councillor Graham Hill, on behalf of Trowbridge Town Council, spoke in objection to the recommendation.

The Senior Definitive Map Officer, Janice Green, presented the report considering the Legal Advice requested by the Western Area Planning Committee at its meeting date 6 November 2024, to assist in its determination of an application made under S.15(1) and (2) of the Commons Act 2006 to register land as a Town or Village Green (TVG), Southwick Court Fields, in the parishes of Southwick and North Bradley.

Officers including Frank Cain (Employed Barrister, Wiltshire Council), reminded Members of the background to the application including the accepted application plan; the legislation which governs applications; planning trigger and terminating events; the timeline of applications; and the two previous referrals to the Committee, the most recent of which resulted in a deferral to seek a further report on whether the application of January 2020 could be processed with the wider application area examined.

The Counsel’s Advice, as prepared by Douglas Edwards KC of Francis Taylor Building and received on 16 October 2024, was summarised, alongside the advice given by Mr Cain as per Paragraph F 1 to 14 of the Officer’s report. Members were again reminded that although it was open to the Commons Registration Authority (CRA) to reject the Inspector’s Advisory Report and recommendation dated 9 February 2024, it can only lawfully do so if the CRA finds that the Inspector has made a significant error of fact or law. As such, if the Inspector’s recommendation was rejected, the CRA must provide legally valid reasons, supported by evidence, of the error of fact or law, where the CRA’s decision is open to legal challenge.

Members of the Committee then had the opportunity to ask technical questions to the officers. Further clarity was sought on whether there was one application or three separate TVG applications and the timelines of these; the application of natural justice; and the impacts on all parties if the application made on 13 January 2020 were processed as it should have been processed originally.

In response, officers referred to Agenda Supplement 1 and noted that the public inquiry and its notification was based on the accepted revised plan for the third application, and that the documentation showed that there were three separate and identifiable applications, which had been accepted by the applicant.

Officers then emphasised the importance of the principle of public law decisions in that the public and those adversely impacted should have certainty of the legality of a decision made. Furthermore, it was noted that Members should also consider natural justice in respect of the landowner and/or developers of the land when contemplating the option to re-open the original application 13 January 2020.

It was then highlighted that the landowner was entitled to rely upon the officer’s original decision under delegated powers and  ...  view the full minutes text for item 90.

Demolition of existing buildings and structures and construction of 248 residential homes, playing pitches, allotments, areas of open space, upgrading of existing play area, sustainable drainage infrastructure, internal roads, paths and parking areas, landscaping and associated works, plant and infrastructure (Reserved Matters Application pursuant to 19/11459/OUT - relating to appearance, landscape, layout and scale) (Amended Details)

Public Participation

• Mr Martin Weston, local resident, spoke in objection to the application.
• Ms Emma Caley-Taylor, local resident, spoke in objection to the application.
• Ms Ceri Lambdin, local resident, spoke in objection to the application.
• Mr Giuseppe Melillo, local resident, spoke in objection to the application.
• Mr Neil Mantel, agent, spoke in support of the application.
• Mr Paul Williams, agent, spoke in support of the application.

Jemma Foster, as Senior Planning Officer, presented the report which recommended that the Committee approved the application, subject to conditions, for the demolition of existing building and structures and construction of 248 residential homes, playing pitches, allotments, areas of open space, upgrading of existing play area, sustainable drainage infrastructure, internal roads, paths, and parking areas, landscaping and associated works, plant, and infrastructure.

Key material considerations were identified including the principle of development; scale, design, and layout; landscape and visual impact; heritage impact; drainage; ecological impact; impact on amenity; highways; other material matters; Community Infrastructure Levy (CIL), and Section 106 Legal Agreement.

Members of the Committee then had the opportunity to ask technical questions to the officer and queried matters relating to the proposal’s compliance with the Trowbridge Bat Mitigation Strategy (TBMS); the location of the proposed hammerhead and the impacts on existing residents and future neighbouring development as part of the Wiltshire Housing Sites Allocation Plan (WHSAP); and the accessibility for vehicles through Drynham Lane and Wiltshire Drive into the development. Further queries were made in respect of the on-site provision of rainwater harvesting; references to the use of fires within the Planning Conditions; and the maintenance of the proposed open spaces.

In response, Case Officer and attending Council Ecology Officer acknowledged that there was a disagreement between residents and Wiltshire Council officers with respect to where the buffer zones should be measured from in respecting to providing sufficient off-setting from the site boundary and when applying the TBMS. Officers also argued that the TBMS was a guidance document with the primary purpose of ensuring that the functionality of core bat corridors were maintained. As such, additional assessments, surveys, and reports that were presented to the Council as part of the formal application submissions provided more detail for particular sites and was fully considered as part of a full assessment by the Council’s Ecologists and Natural England, which led them to endorse reserved matters approval being recommended.

It was further explained that the hammerhead had been granted permission at the outline stage in terms of its proposed location after a full assessment was completed by the Council’s Highway Authority, with other potential locations raising fly tipping concerns. However, it was confirmed that the hammerhead’s position alongside other highway safety concerns could be reviewed again by the Highways Team under the Section 278 agreement. Furthermore, Members were informed that there were no proposals to limit accessibility for vehicles in and around the site, but that the hammerhead would lead to Drynham Lane and would no longer be a through road.

Officers also confirmed that there  ...  view the full minutes text for item 91.

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.