Agenda item

A report by the Case Officer is attached.

The following person spoke against the proposal:

Mr Francis Morland, a local resident

The following person spoke in support of the proposal:

Mr John Hall, the agent

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  The report was introduced which recommended that planning permission be refused.

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.

Cllr David Jenkins, as a local Member, expressed certain concerns on highway grounds.

After some discussion,

Resolved:

To refuse planning permission for the following reasons:

1)     The site is located in open countryside outside the limits of development defined for Westbury in the Wiltshire Core Strategy. The proposal would conflict with Core Policy 1, Core Policy 2 and Core Policy 32 of the Wiltshire Core Strategy which seeks to properly plan for sustainable development of housing in Wiltshire. Furthermore, by isolating and enclosing land to the south-west and south-east of the site, the proposal would inevitably result in further development pressure that would lead to significant upward levels of demand for development. 

2)     The proposal conflicts with the Council’s plan-led approach to the delivery of new housing sites outside of the identified limits of development, as set out in Core Policy 2 of the Wiltshire Core Strategy which seeks to provide new housing sites to deliver the identified needs in a community area through a Site Allocation DPD and/or a Neighbourhood Plan. This strategy is supported by the Wiltshire Core Strategy Inspector and the Secretary of State in several appeal decisions and the site has not been brought forward through either of these processes. 

3)     The proposed development is not in accordance with Core Policy 62 which seeks to restrict new direct accesses onto the national primary route network. The proposal would consequently result in adverse impacts on the free flow of traffic on the primary route and additional risks to highway safety.

4)     The developer has failed to agree and submit a Unilateral Undertaking or to enter into a Section 106 Legal Agreement or agree for a viability assessment to be undertaken. The proposal therefore does not provide for the delivery of the necessary infrastructure required to mitigate the direct impacts of the development and fails to comply with Core Policy 3 of the Wiltshire Core Strategy Regulation 122 of the Community Infrastructure Levy Regulations 2010 and Paragraph 204 of the National Planning Policy Framework.

5)     The proposal would have an adverse impact on the character and appearance of the area by significantly expanding the built-up area of the settlement into the surrounding rural landscape. This would be highly visible, particularly from viewpoints to the south and south-east, and would conflict with a core principle of the NPPF to take account of the intrinsic character and beauty of the countryside and with policy CP51 of the Wiltshire Core Strategy. Furthermore, by isolating a significant piece of agricultural land to the south-west, and enclosing another piece of land to the south-east on what would be three sides by built development, the cumulative adverse impact on the landscape would be increased.

(Note:  Members requested that their unanimous decision be recorded.)