Agenda and minutes

Apologies for absence were received from Cllr John Knight (substituted by Cllr Jeff Osborn), Cllr Pip Ridout (substituted by Cllr Andrew Davis) and Cllr Jonathon Seed.

Cllrs Fleur de Rhé-Philipe and Keith Humphries, substitutes, had also sent their apologies.

To approve the minutes of the last meeting held on 20 June 2012 (copy attached.)

The minutes of the meeting held on 20 June 2012 were presented.

Resolved:

To approve as a correct record and sign the minutes of the meeting held on 20 June 2012.

There were no Chairman’s Announcements.

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

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

W/12/00105/FUL - Land Rear of 16 Holbrook Lane, Trowbridge, Wiltshire.

Cllr Peter Fuller declared a non-pecuniary interest as a member of Trowbridge Town Council and its Development Control Committee but gave his assurance that he would consider the application with an open mind.

W/12/00353/FUL - Sports Ground, Woodmarsh, North Bradley, Wiltshire.

Cllr Peter Fuller declared a non-pecuniary interest as a member of Trowbridge Town Council (Landlord of football club) and its Development Control Committee, as well as a supporter of Trowbridge Football Club. Cllr Fuller gave his assurance that he would consider the application with an open mind.

Cllr Jeff Osborn declared a non-pecuniary interest as a member of Trowbridge Town Council (Landlord of football club) and gave his assurance that he would consider the application with an open mind.

Cllr Mark Griffiths declared a non-pecuniary interest as a working colleague of a representative of the applicant. Cllr Griffiths chose to not speak or vote on the application.

W/12/00511/FUL - Land North Of 592 Semington Road, Melksham, Wiltshire

W/12/00581/FUL - Depot 107 Middle Lane, Whitley, Melksham, Wiltshire

Cllr Stephen Petty declared a non-pecuniary interest as a member of Melksham Without Parish Council and gave his assurance he would consider the application with an open mind.

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.

To consider and determine the following planning applications:

Public Participation:

-       Mr Peter Stacey spoke in objection to the application.

-       Mr Philip Harcourt spoke in objection to the application.

-       Mr Philip Cartwight-Hignett spoke in objection to the application.

-       Mrs Maggie Smith-Bendell, agent, spoke in support of the application.

-       Mr Steven Jones, Southwick Parish Council, spoke in objection to the application.

The Area Team leader (Central Hub West) introduced the report which recommended approval and explained that the application had been deferred at the 30 May 2012 meeting to allow members of the committee to attend a site visit.

Members of the public then had the opportunity to speak as detailed above.

Cllr Francis Morland, Unitary Councillor for Southwick, spoke in objection to the application, mentioning the large number of objection from local residents, and invited the committee to consider deferring until more information could be provided regarding the need for and allocation of pitches, the outcome of the Cabinet Capital Asset Committee meeting on 24 July 2012 when a report of the Service Director – Strategy and Commissioning regarding a Gypsy and Traveller Project would be considered, and the outcome of the Hullavington Appeal.

During the ensuing debate some members of the committee could not be convinced that the planning status of the applicant had been established and felt that further information as detailed by the local member should be considered before an informed decision could be made, it was therefore

Resolved:

To defer the application until the following information could be provided to the committee:

1.    The outcome of the Hullavington appeal (11/03790/FUL);

2.    The outcome of the Cabinet Capital Assets Committee meeting on 24th July 2012;

3.    Details of the timing of gypsy and traveller site provision across the area;

4.    Further evidence of the planning status of the applicant as a traveller.

Public Participation:

-       Mt Peter King spoke in objection to the application.

-       Mrs Carol May, applicant, spoke in support of the application.

-       Mr Andrew May, on behalf of the architect, spoke in support of the application.

The Area Team leader (Central Hub West) introduced the report which recommended approval and explained that the application had been deferred at the 30 May 2012 meeting to allow members of the committee to attend a site visit.

Members of the public then had the opportunity to speak as detailed above.

Councillor Roy While, Unitary Councillor for Melksham Without South, welcomed the opportunity for the application to be considered at a public meeting.

During the ensuing debate the height of the proposed development and the changes to the height proposed by the applicant were discussed, however some members of the committee could not be satisfied that conditions would be enough to mitigate the impact of the development on neighbouring properties.

Resolved:

That planning permission be REFUSED

For the following reasons:

1)    The proposal would have an adverse impact on the amenity of the adjacent property to the north by reason of its scale, massing and close proximity to this adjacent property, including the overbearing impact of the height and mass of the proposed gable wall. This would conflict with policy C38 of the West Wiltshire District Plan First alteration.

2)      The size of the proposed development, with its resulting small private amenity space, would be out of keeping with the character and appearance of the area. This would conflict with policy C31a (D).

Public Participation:

-       Mr Richard Coombe spoke in objection to the application.

-       Mr Aaron Smith, agent, spoke in support of the application.

The Area Team leader (Central Hub West) introduced the report which recommended approval and in doing so drew the committee’s attention to proposed changes to conditions 13 and 15.

Members of the public then had the opportunity to speak as detailed above.

Councillor Graham Payne, Unitary Councillor for Drynham, expressed the local residents’ objection to the application and his own concerns regarding the adverse impact the development was likely to have on traffic near the local school, which was already difficult at times and a cause for concern. He urged the committee to consider a number of additional conditions should they be minded to approve the application.

During the ensuing debate the committee considered the conditions already included in the report, the additional conditions proposed by the local Unitary Councillor and the Section 106 agreement. It was clarified that the section 106 would have to be used to mitigate the adverse impact of the development itself and may not be used to address an already existing problem when there was no evidence that the development itself would exacerbate the issue.

With the inclusion of additional conditions suggested by the local Unitary Councillor (19 and 20 below), the addition of two informatives (4 and 5 below) and the amendments to conditions 13 and 15 as proposed by the planning officer it was

Resolved:

That the Area Development Manager be authorised to grant permission for the development on completion of a legal agreement which secures:

(a)  a contribution towards the provision of 5 primary school places at Holbrook School calculated at current cost multipliers of £12,713 per place;

(b)  a contribution of £11,125 towards the provision of public open     space within the vicinity of the development site.

For the following reasons:

The proposed development conforms to the Development Plan and there are no objections to it on planning grounds.

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. Notwithstanding the submitted details, no development shall commence on site 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: In the interests of visual amenity and the character and appearance of the area.

West Wiltshire District Plan 1st Alteration 2004 - POLICY: C31a.

3. No development shall commence on site until details of the estate roads, footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car parking  ...  view the full minutes text for item 61c

Public Participation:

-       Mr James Williams spoke in objection to the application.

-       Mr Ralph McCaldon spoke in support of the application.

-       Mr Richard Pearce spoke in support of the application.

-       Mr Roger Evans, representing North Bradley Parish Council, spoke in support of the application.

The Area Team leader (Central Hub West) introduced the report which recommended approval and in doing so pointed out that the proposed floodlights would not be used on more than 20 occasions through the year.

Members of the public then had the opportunity to speak as detailed above.

Councillor Francis Morland, Unitary Councillor for Southwick, expressed his concerns regarding the application but also explained that efforts made by the applicant had substantially addressed his initial concerns.

During the ensuing debate members of the committee expressed some concerns regarding the hours during which the floodlights could be used and, as offered by the representative of the applicant during the public participation, accordingly amended these hours in condition 3 below.

Resolved:

That planning permission be GRANTED

For the following reasons:

The proposed development would not materially affect the amenities of the neighbours and any planning objections have been overcome by conditions.

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. No development shall commence on site until details of external cowls, louvers or other shields to be fitted to the floodlights to reduce light pollution, have been submitted to and approved in writing by the Local Planning Authority.  The lighting scheme shall comply with guidance issued by the Institution of Lighting Engineers specifically category E2. Approved measures shall be put in place before the floodlights are first brought into use and shall be maintained in accordance with the approved details.

REASON:  To minimise light pollution and in the interests of the amenities of the area and of highway safety.

West Wiltshire District Plan 1st Alteration 2004 - POLICY: C35 and C38

3. The lighting hereby permitted shall only be used between the hours of 4pm and 9:30pm. The lighting shall be utilised for no more than 20 occasions per annum.

REASON:  In order to minimise nuisance to neighbours.

POLICY:  West Wiltshire District Plan - 1st Alteration - Policies C35 and C38.

Public Participation:

-       Mr Jeremy Knights spoke in objection to the application.

-       Miss India Pocock spoke in support of the application.

-       Mr Barry Pocock, applicant, spoke in support of the application.

The Area Team leader (Central Hub West) introduced the report which recommended approval and in doing so pointed out that consideration could only be given to the application and that complaints about the existing use could not be controlled by the Planning Department. The size of the proposed building was confirmed as 12.6 square metres with a height of 5.7 metres.

Members of the public then had the opportunity to speak as detailed above.

Councillor Mark Griffiths, Unitary Councillor for Melksham Without North, welcomed the opportunity for the application to be discussed at a public meeting and sought advice on the management plan.

Resolved:

That planning permission be GRANTED

For the following reasons:

The proposed development conforms to the Development Plan and there are no objections to it on planning grounds.

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 turning area shown hatched on the approved drawing no. 904-02 Rev A shall be kept clear and maintained for the purpose of turning vehicles at all times.

REASON: In the interests of highway safety.

3. The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans:

904.0; 02; 03; 04 received on 26 March 2012;  904.02 A received on 1 June 2012

REASON: To ensure that the development is carried out in accordance with the approved plans that have been judged to be acceptable by the local planning authority.