Agenda item

A report by the Case officer is attached.

The following people spoke in support of the proposal:

Lord Lansdowne, landowner of Bowood Estate

Mr David Lohfink

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  He explained that the applicant had submitted an appeal in respect of this application on the grounds of non-determination, that is the Council’s failure to determine the application by the target date of 6 February 2012.  Consequently, no formal decision could be made by the Council in respect of the application.  However, in order to progress with the appeal, the opinion of the Committee was being sought in respect of the application had they been in a position to determine it and on what grounds the Committee might wish to contest the scheme at appeal, if at all.    He also drew Members’ attention to the late observations.  

Members of the Committee then had the opportunity to ask technical questions after which the Committee received statements from members of the public as detailed above, expressing their views regarding the planning application.

.

After a full discussion,

Resolved:

Had the Committee been able to determine the application, it would have refused planning permission be refused and the Officers were authorised to contest the appeal for the following reasons:

1.            The proposed development is in the countryside, outside the framework boundary of any settlement where residential development is not acceptable under Policy H4 of the North Wiltshire Local Plan 2011.  There are no material considerations which outweigh the development plan policies.

2.            The proposal is premature to the progression of Wiltshire’s Local Development Framework (LDF), the Core Strategy Development Plan Document for the area and subsequent site allocations development plan document or neighbourhood plan for the area and is thus prejudicial to the council’s plan-led approach to sustainable development.  As such the proposal is contrary to Planning Policy Statement 3: Housing.

3.            The proposed development is not an allocated site within policy H2 and was not required to meet the land supply for the period up to 2011.  The proposed development is not required to meet the five year land supply requirement referred to in the June 2011 version of the emerging Wiltshire Core strategy or the February 2012 version of the Wiltshire Core Strategy

4.            By reason of the scale of development proposed, the application is contrary to Policy DP3 of the adopted Wiltshire and Swindon Structure Plan 2016 and Policies 1 and 20 of the emerging Wiltshire Core Strategy 2026.

5.            Insufficient evidence has been submitted to demonstrate the measures that will need to be undertaken to mitigate the effect of the development on species/habitats protected by the Wildlife and Countryside Act 1981 (as amended) and Habitats Regulations, and listed on the UK/Wiltshire BAP. This would be contrary to Policies C3 and NE11 of the North Wiltshire Local Plan 2011. Planning Policy Statement 9 and statutory obligations established by Circular 06/2005.

6.            The indicative layout does not satisfy the aims of Manual for Streets and the highway authority's supplemental guidance on safe and satisfactory servicing of the site.  The proposal is contrary to Policy C3 of the North Wiltshire Local Plan 2011.

7.            No Section 106 agreement has yet been entered into. The proposed development does not make any provisions for securing low cost housing provision on the site, formal Leisure provision at Calne Leisure centre; burial provision at Calne cemetery; the on-going provision and maintenance of open space and surface water attenuation measures on the site . The application is therefore contrary to Policies C2, H5 and CF3 of the North Wiltshire Local Plan 2011 and the North Wiltshire Local Development Framework Affordable Housing SPD (April 2008).

INFORMATIVES

1.            This decision relates to documents/plans submitted with the application, listed below.

            LP-001  – Location Plan;

            P-MP-A3 - Illustrative Layout Masterplan;

            E-TE-A3 – Typical Elevations

2911/HA/1 - Proposed Access from Silver Street

Proposed Allotment Layout NPA-10509-P-301

Existing Town Park Site Features NPA 10509BE

Proposed Town Park Layout – NPA-10509BE

Planning Statement Nov 2011 (Includes: Statement of Community Involvement; Draft S.106 Heads of Terms; Sustainability Statement; and Waste Management Strategy)

Design and Access Statement Nov 2011

Archaeological Report Sept 2011

Ecology Report and Extended Phase 1 Habitat May

Flood Risk Assessment Aug 2011

Landscape Report Sept 2011

Transport Assessment July 2011

Residential Travel Plan July 2011

Tree Survey & Tree Constraints Plan Sept 2009

Ground Investigation Report July 2009

Topographical Survey – 4765ea-01

2.         The reasons for confirming why planning permission would have been refused which pertain to highways, ecology and S106 matters have the potential to be overcome and in this respect and in light of the pending appeal, the applicant is invited to meet with the Council to discuss these matters and if necessary provide additional amended plans or heads of terms.  Where such matters can be overcome, these aspects will not be pursued at appeal and agreed in a statement of common ground.