Agenda and minutes

The Chair reminded Councillors to declare any known interests in any of the matters to be considered by the Committee.

Councillor Vinay Manro made a declaration of interest in respect of application numbered S/20/0546/RA as this was considered by Haydon Wick Parish Council which he served as a Parish Councillor. As the interest was personal but not prejudicial, and given he did not participate in its consideration by the Parish Council, he remained in the room during the discussion and voting on the application.

To receive the minutes of the meeting held on 10^th November 2020.

Resolved – That the minutes of the meeting held on 10^th November 2020, be confirmed and signed.

There were no public questions

In respect of application numbered S/OUT/20/0422/SASM - Outline planning application for 250 dwellings (including 30% affordable housing) with public open space, landscaping and sustainable drainage system (SuDS) and vehicular access point from Shrivenham Road. All matters reserved except for means of access, Land at Shrivenham Road, Highworth, Swindon the Committee considered: -

            Name                                      Address/Organisation

            Helen Ball                               Agent

            Norman Jeffery                      Local Resident

            Mr Crawley                            Local Resident

            Kim Trueman                        Local Resident

            Julie Murphy                         Parish Councillor

Councillors Alan Bishop, Nick Burns-Howell, Matthew Courtliff, Jenny Jefferies, Vinay Manro, Jane Milner-Barry, Stan Pajak, Carol Shelley and Peter Watts spoke in respect of this application.

The application can be broadly summarised as:

·        The application has been brought to planning committee at the request of Highworth Town Council.

·        The application sought outline planning permission for up to 250 dwellings (including 30% affordable housing) with associated open space, drainage, highways infrastructure and landscaping. 

·        The site was just over 11 hectares of greenfield agricultural land located outside the settlement boundary of Highworth. It is approximately one kilometre from the centre and relatively close to Highworth Warneford Secondary School.

·        Shrivenham Road borders the site to the west with open countryside to the east and south. 

·        The recommendation was amended to read:

“That the Director of Strategic Development be authorised to GRANT outline planning permission subject to:-

(a)  Completion of a legal agreement to secure the planning obligations that are material to the decision in respect of open space, affordable housing, off site highway improvements, Travel Plan, and subject to suitable projects in the ward being identified as CIL compliant contributions to off- site sports provision and allotments; and,

(b)   The planning conditions set out in this report, with delegated authority to make reasonable amendments, additions or omissions to those conditions before issuing formal consent as may be necessary.”

·        In determining the application, special attention should be paid to the desirability of preserving listed buildings or their setting as required in Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

·        There was the need to consider the effect of the development on designated heritage assets and the reference to these in the National Planning Policy Framework the tilted balance in paragraph 11d was not triggered unless the proposal can first pass the simple balancing exercise; in this respect of addressing any harm to the setting of the listed St Michael’s Church and Conservation Area. 

·        The Conservation Officer considered that there was harm to the setting of St Michael’s Church and the setting of the Conservation Area with the level of harm identified as less than significant at the lower end of the scale. 

·        This harm should be weighed against the public benefits of the proposal and  ...  view the full minutes text for item 27.

In respect of application numbered S/20/0435/RA - Erection of 3no. dwellings and associated works, Land at Ashley Close, Walcot, Swindon the Committee considered: -

Councillors Alan Bishop, Paul Dixon, and Jane Milner-Barry, Stan Pajak and Peter Watts spoke in respect of this application.

The application can be broadly summarised as:

·         The application had been called to Planning Committee by Councillor Amin due to concerns raised by local residents and the Parish Council.

·         The application had been submitted by the Council’s Housing Department for three specialist bungalows designed for wheelchair users and for those with mobility needs.

·         Each dwelling is proposed with 2 car parking spaces, two visitor spaces in the close and three additional spaces for general use. This accorded with the Council’s Parking Standards.

·         The site was identified as open space both within the Local Plan and the Open Space Audit and Assessment. However it had been assessed as below standard due to its quality and small size it had limited recreational value.

·         It was considered that, specialist bungalows, the community benefit outweighed the loss of open space.  

·         The application was recommended for approval subject to a legal agreement to secure contributions towards the Wiltshire Wildlife Trust and open space within the vicinity of the site.

Submissions in support of the application can be broadly summarised as:

·         That there was inherent benefit to the community arising from the development of three social housing bungalows and outweighed any potential negative impact.

·         The open space loss was minor and was not of high quality.

·         Previous bungalows of this design had operated successfully as social   housing.

·         That whilst this type of social housing was welcome the Council had missed the opportunity to design and build zero carbon houses and set an example for other house builders.

Resolved – That, subject to the completion of a legal agreement to secure open space and Wiltshire Wildlife Trust contributions the Director of Strategic Development be authorised to grant planning permission.

In respect of application numbered S/20/0546/RA - Erection of 8no. dwellings and associated works (Site 1) and construction of parking area (Site 2), Land At Ventnor Close, Haydon Wick, Swindon the Committee considered: -

            Name                                      Address/Organisation

            Councillor David Renard    Ward Councillor

Councillors Matthew Courtliff, Paul Dixon, Jane Milner-Barry and Peter Watts spoke in respect of this application.

The application can be broadly summarised as:

·         This application been called to Planning Committee by Councillor Robbins regarding concerns around achieving Passivhaus certification.

·         The application was for eight bungalows 8 no. two bedroom bungalows and the additional provision of 16 on-street car parking spaces for general use in front of the bungalows and a car parking area of 10 spaces at the most eastern end of Ventnor close.

·         The site was identified as open space both within the Local Plan and the Open Space Audit and Assessment but it had to weighed against the community benefit arising from the provision of specialist social housing units.

·         The application was recommended for approval subject to a legal agreement to secure contributions towards open space and play areas within the vicinity of the site.

Submissions in support of the application can be broadly summarised as:

·         The open space was steep and had limited recreational value.

·         There was other open space that could be used for recreation and leisure in the vicinity.

·         Additional parking would be provided as part of the application in an area that parking was at a premium and that often saw vehicles parked on pavements on older narrow roads.

·         The specialist accommodation would be used by older people who could be housed within the Borough in suitable accommodation.

·         The buildings would be low carbon energy efficient.

·         The road would be widened and re-laid as part of the proposed scheme and would improve access for service and emergency vehicles and local allotments.

·         That whilst this type of social housing was welcome the Council had missed the opportunity to design and build zero carbon houses and set an example for other house builders.

Resolved – That, subject to the completion of a legal agreement to secure open space and play area contributions the Director of Strategic Development be authorised to grant planning permission.

In respect of application numbered S /19/1755/CHHO - Erection of 11 no. dwellings and associated works, Land East Of Berricot Lane, Badburythe Committee considered: -

            Name                                      Address/Organisation

            Councillor Keith Williams     Swindon Borough Council

            Peter Mapson                         Applicant     

            Anthony Cohen                     Local Resident

            Paul Walton                            Local Resident

The Chair advised the meeting that under the Council’s Planning Protocol that governs the meeting he had decided to use his discretion to depart from the normal protocol to allow Councillor Keith Williams, Cabinet Member for Climate Change, who was not a Ward Councillors or a Member of the Committee to speak on the application for up to five minutes subject to points already made not being repeated. The Chair exercised his discretion as it was an important development within the Area of Outstanding Natural Beauty and relevant to Councillor William’s Cabinet portfolio. During his tenure and prior to it the Committee had allowed Councillors not serving on the Committee to address it. In exercising this discretion he was ensuring consistency.

Councillors Junab Ali, Nick Burns-Howell, Matthew Courtliff, Jenny Jefferies, Vinay Manro, Jane Milner-Barry, Stan Pajak, Peter Watts spoke in respect of this application.

The application can be broadly summarised as:

·         The application was brought before Planning Committee at the request of Councillor Sumner for the reason that it is locally controversial.

·         The application was for eleven dwellings on a greenfield site to the north of Badbury together with a new access onto Medbourne Lane.

·         The site had previously been assessed against the Strategic Housing and Economic Land Availability Assessmentfor potential development and had been included as a potential housing allocation site in the Regulation 18 (Emerging Strategies) consultation of the Local Plan.

·         However, the proposed site has not been taken forward as part of the Submission Draft Local Plan due to landscape and conservation concerns.

·         The site fell within the Area of Outstanding Natural Beauty and the proposal site is located outside the Badbury rural settlement boundary and conservation area boundary to the south of the site.

·         There are a number of listed buildings in vicinity of the site and in accordance with Section 66 the Planning (Listed Buildings and Conservation Areas) Act 1990 special attention must be paid to the desirability of preserving listed buildings and their setting.

·         Although located outside the rural settlement boundary, contrary to Policy SD2, as the Council cannot currently demonstrate a 5 year housing land supply Paragraph 11(d) of the National Planning Policy Framework; therefore consideration must be given as to whether the application of policies in the framework that protects Areas of Outstanding Natural Beauty and heritage assets provide a clear reason for refusing the development.

·         The site currently contributes to  ...  view the full minutes text for item 30.

In respect of application numbered S/20/0957/TB - Erection of a pavilion with associated works, Maunsell Way Pavilion, Maunsell Way, Wroughton,the Committee considered: -

            Name                                                  Address/Organisation

            Councillor Brian Ford                      Ward Councillor

            Councillor Cathy Martyn                 Ward Councillor

Parish Councillor John Hewer       Applicant

Sarah Clarke                                     1st Wroughton Scouts, Cubs and Beavers

Finley Ballantyne                             Local Resident

Jennifer Purcell                                BMX Wroughton

Councillors Matthew Courtliff, Stan Pajak and Peter Watts spoke in respect of this application.

The application can be broadly summarised as:

·         The application had been called to Planning Committee by Cllr Brian Ford (Ward Councillor).

·         The application seeks planning permission for the erection of a detached pavilion/community building at Maunsell Way playing fields, Wroughton.

·         The application would create space for a number of community uses, including the scouts and youth facilities.

·         The existing structure was no longer considered fit for purpose and would be removed as part of the development.

·         The proposed would be larger than the current building but would not be much higher.

·         The parking space would be reconfigured to provide cycle and motorcycle parking as well as dedicated disabled parking spaces.

·         The building would be divided up to provide a main hall, smaller secondary hall, dedicated rooms/space for early years (nursery/crèche), storage (internally and externally accessible), shared kitchen plus associated office and toilet and shower facilities.

·         The development also proposes a secure outdoor play area, the reconfiguration of the car park and tree planting.

·         Additional representations had been received although the subject of these were covered by paragraph 7 of the report.

·         The application was supported by a drainage strategy and the local flood authority had not objected to the application subject to conditions 8 and 9. There was confidence therefore that the development would not lead to increased flooding.

·         The recommendation of the report outlined in paragraph 27 was that the Director of Strategic Development be authorised to GRANT planning permission subject to the completion of a legal agreement to secure £6,000 towards the implementation of waiting restrictions on Maunsell Way and subject to the conditions set out below or any amended, omitted or additional conditions that may be appropriate.

Submission in support of the application can be broadly summarised as:

·         New facilities were required to support the scouts and other youth provision in the vicinity, and to replace the current dated facilities which were not of the required standard for the building or parking. These were also sub-standard for changing and toilet provision.

·         The site was chosen as it would replace an existing pavilion that was not fit for purpose and did not meet the needs of current or potential future users.

·         The application had taken full regard of the national and local planning regulations and plans.

·         To make the building sustainable  ...  view the full minutes text for item 31.

In respect of application numbered S/OUT/20/0556/TB - Erection of 104no. dwellings, traffic roundabout, roads and associated works - Means of Access, Layout and Scale not reserved - (without compliance with condition 29 of permission S/OUT/15/1750 regarding substitute drawings), Land To The Rear Of Woodland View, Wroughton, Swindon,the Committee considered: -

            Name                                                  Address/Organisation

            Councillor Cathy Martyn                 Ward Councillor

            Councillor Brian Ford                       Ward Councillor      

Steven Smallman                            Applicant

Joy Bells                                            Local Resident

David Martyn                                     Parish Council

Councillors Matthew Courtliff, Jane Milner-Barry, Stan Pajak, Tim Swinyard and Peter Watts spoke in respect of this application.

The application can be broadly summarised as:

·         The application had been called to Planning Committee by Councillors Brian Ford and Cathy Martyn (Ward Councillors).

·         The application sought seeks outline planning permission for the erection of up to 104 dwellings and associated works with all matters reserved apart from the means of access, layout and scale on land to the rear of Woodland View, Wroughton without compliance with condition 29 of consent S/15/1750.

·         Condition 29 of the consent relates to the relevant drawing numbers and lists those approved as part of the permission and thereby the applicant is seeking consent for a variation of the permitted scheme by substituting new drawings.

·         The former permission was granted in 2019 following the agreement of a Section 106 agreement.

·         The proposed variations are minor and are required partly in order to accommodate the houses types that have now been designed and typically relate to changes to the footprint of some of the buildings, including the flat block and the positioning of car parking spaces. Changes are also proposed as a result of minor adjustments to the alignment of access roads. In addition parallel parking spaces at the access have been switched from one side of the road to the other. Furthermore changes are proposed to the footprint of the cricket pavilion and its associated parking area plus some minor adjustments to finished ground levels.

·         The principle of residential development on the site has already been established by virtue of the 2018 permission; all that needs to be determined is the minor amendments. These have been assessed by officers who consider that no significant impact arises.

·         It was recommended that the Director of Strategic Development be authorised to grant the application subject to suitable conditions and the completion of a legal agreement to secure necessary mitigation.

·         There is a need to make minor amendments to a number of conditions set out within the report with regard to numbering which would be covered within the recommendation.

Submissions in support of the application can be broadly summarised as:

·         This was an allocated site within the Wroughton Neighbourhood Plan and outline planning permission had been granted on 15^th February 2018.

·         In granting the  ...  view the full minutes text for item 32.

In respect of application numbered S/19/1565/TB - Demolition of existing tented market and erection of a two storey building comprising 4no. Food and Drink units (Class A3), 1no. shop unit (Class A1) and associated works, Market Hall, Market Street, Swindon,the Committee considered: -

            Name                                                  Address/Organisation

            Councillor Bob Wright                     Ward Councillor

            Christopher Moore                           Applicant      

Councillors Junab Ali, Paul Dixon, Nick Martin, Jane Milner-Barry and Stan Pajak spoke in respect of this application.

The application can be broadly summarised as:

·         The application is brought before the Committee for consideration at the request of Councillor Bob Wright.

·         The application sought permission for the redevelopment of the tented market site to demolish the existing Tented Market and to replace it with a two storey building comprising four food and drink units (Class A3) and one coffee shop unit (Class A1). The application also included a cycle store on the small area of land to the west of the tented market and external works to marry into the existing paving in Market Street and Wharf Green.

·         The application was very similar to an application allowed on appeal in 2016 which remains a material consideration.

·         There are minor design changes which are acceptable in principle being even less fussy than the approved scheme along Commercial Road/Farnsby Street with regards to materiality and design.

·         No concerns have been raised in respect of the impact on the character of the area, residential amenity, highways or drainage and the application is recommended for approval subject to conditions.

·         There was a need to extend the offer available in the town centre which the development would help achieve.

Submissions in support of the application can be broadly summarised as:

·         The architect had worked with Ward Councillors prior to the submission of the application.

·         The application consisting of six floors would not have the impact the previous application would have had.

·         The site had been identified had been identified in the Swindon Town Centre Master Plan as a multipurpose/multi use site to balance the area in the vicinity of the Debenhams site to provide a draw on both sides of the town centre.

·         The previous application for commercial mixed use and residential had been granted in 2017 subject to the completion of a Section 106 Agreement.

·         This permission had not been granted as the S106 agreement had never been completed; this was due to an economic downturn with the agreement not being signed with the result that the tower scheme was no longer viable.

·         The scheme was redesigned with 68 flats and a lower height in order to make it more viable and had taken into account the need for land prices to recover following the impact of Covid-19.

·         The two applications were submitted together to prevent the  ...  view the full minutes text for item 33.

In respect of application numbered S/17/0673 - Demolition of existing tented market and erection of a replacement building of between 6 and 10 storeys high comprising 68no. Flats, 4no. Class A3 (Food and Drink) units, 1no. Class A1 (Shop) unit, cycle and recycling store, substation and associated works, Market Hall, Market Street, Swindon,the Committee considered: -

Councillors Stan Pajak and Peter Watts spoke in respect of this application.

The application can be broadly summarised as:

·         The application is brought before the Committee at the request of Councillor Bob Wright.

·         The application was a revised scheme from one considered by Members in 2017 which was for a building up to fifteen storeys in height with a number of food and drink outlet on the ground floor and 101 flats above.

·         Members had agreed that scheme subject to a legal agreement which was never entered into; planning permission expired and a revised application submitted.

·         The scale of the development has been reduced to ten storeys and sixty-eight flats.

·         The mixed use development was appropriate and acceptable in the town centre and it was recommended that the application be approved subject to the completion of a legal agreement.

Submissions in support and opposing the application were broadly that set out in respect of agenda item 12 (application numbered S/17/0673).

Resolved - That the Director of Strategic Development be authorised to grant planning permission subject to the conditions set out in the report together with any amendments, omitted or additional conditions and the completion of a section 106 agreement to secure the necessary mitigation. In the event that the applicant fails to agree to an extension of time to allow sufficient time for the Local Planning Authority to deal with these matters then the Director of Strategic Development be authorised to refuse planning permission as set out in the Committee report.

The Chief Legal Officer submitted a report seeking to update the protocol and guidance on how agenda items (on the main schedule only) are dealt with by the Planning Committee including how both Councillors and members of the public can address the Committee, including the holding of virtual meetings.

Resolved – (1) That subject to, the protocol’s amendment to permit officers to respond to points or questions at any time during the consideration of an application, the protocol as set out in the agenda papers be adopted for future use.

(2) That the reduction of Councillors attendance at the planning pre-meeting to the Chair and Vice-Chair be approved.