Agenda item

Public Participation:

-       Mr Richard Harlow, agent, spoke in support of the application.

-       Mr Gary Cooke, applicant, spoke in support of the application.

-       Mr Mike Mills, Chairman of Melksham Without Parish Council, relayed the Parish Council’s concerns.

Officers introduced the report which sought approval. During the ensuing debate it was agreed that most of the concerns raised could more properly be addressed in consideration of any subsequent application for a premises licence under the provisions of the Licensing Act 2003.

Resolved:

That planning permission be GRANTED

For the following reason:

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

Subject to the following condition(s):

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 take place until a specific noise assessment is carried out with regard to the proposed plant, in this instance a kitchen extract unit. The measurement and assessment shall be made in accordance with BS4142: 1997 and the report must include any attenuation measures, if required. The assessment and mitigation works if necessary shall be submitted to and approved in writing by the local planning authority prior to any works taking place and shall be implemented prior to the extraction unit being brought into use.

REASON: In the interests of amenity.

POLICY: West Wiltshire District Plan 1st Alteration (2004) Policies E2 and C38.

3. In order to prevent noise break out from the venue the development shall be constructed in accordance with Section 5.1 to 5.3 of the Acoustic Report, Ref 30901.1v1, submitted as part of the application. The noise level of music within the proposed development shall not exceed the levels given in each frequency specified in Table 2 of the report and consequently the SRI values set out in Table 3 must be achieved. The applicant will need to submit written details for approval by the Local Planning Authority (LPA) that all the measures in the above Sections have been implemented prior to the use commencing and the details shall also include post installation acoustic testing showing compliance. If there are any proposed changes to the measures outlined in the report or the figures used (Table 2 and Table 3) they must be agreed in writing by the LPA prior to being implemented. Upon completion of the works forming part of the scheme no alterations to the structure, roof, doors, windows or external facades of the building shall be undertaken without the prior written approval of the LPA.

REASON: In the interests of amenity and in order to define the terms of this permission.

POLICY: West Wiltshire District Plan 1st Alteration (2004) Policies E2 and C38.

4. The hereby approved development shall not be first brought into use until the access gates have been widened to allow safe pedestrian access onto the existing raised pavements. Details of which shall be submitted to and approved in writing by the local planning authority prior to the works taking place.

REASON: In the interests of highway safety.

POLICY: West Wiltshire District Plan 1st Alteration (2004) Policy E2.

5. No part of the development hereby permitted shall be first brought into use until overflow parking spaces have been provided in accordance with the details previously approved under planning permission W/09/03317/FUL. The areas shall be maintained for those purposes at all times thereafter.

REASON: In the interests of highway safety.

POLICY: West Wiltshire District Plan 1st Alteration (2004) Policy E2.

6. No development shall commence on site until a Green Travel Plan (including the provision of a shuttle bus service) has been submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall include details of implementation and monitoring and shall be implemented in accordance with these agreed details. The results of the implementation and monitoring shall be made available to the Local Planning Authority on request, together with any changes to the plan arising from those results.

REASON: In the interests of road safety and reducing vehicular traffic to the development.

POLICY: West Wiltshire District Plan 1st Alteration (2004) Policy E2.

7. Outside of the building, including the hereby approved “Covered Decking Area” no sound amplifying equipment, loudspeaker or public address system shall be installed/operated or music played.

REASON: In the interests of local amenity.

POLICY: West Wiltshire District Plan 1st Alteration (2004) Policies E2 and C38.

8. Prior to the hereby approved development first coming into use details of CCTV monitoring of the premises and its curtilage shall be submitted to and approved in writing by the Local Planning Authority, and then subsequently installed in accordance with those approved details.

REASON: In the interests of public safety and the character of the area

POLICY: West Wiltshire District Plan 1st Alteration (2004) Policy E2.

9. The development hereby permitted shall be carried out in accordance with the following approved plans:

Drawing: AH2010/41 sheet 1 of 7 received on 4 April 2011;

Drawing: AH2010/41 sheet 2 of 7 received on 4 April 2011;

Drawing: AH2010/41 sheet 3 of 7 received on 4 April 2011;

Drawing: AH2010/41 sheet 4 of 7 received on 4 April 2011;

Drawing: AH2010/41 sheet 5 of 7 received on 4 April 2011;

Drawing: AH2010/41 sheet 6 of 7 received on 4 April 2011;

Drawing: AH2010/41 sheet 7 of 7 received on 4 April 2011;

Document: Design and Access Statement received on 4 April 2011; and

Document: Hepworth Acoustics Noise Assessment received on 4 April 2011.

REASON: For the avoidance of doubt and in the interests of proper planning.

Informative(s):

1 The developer will need to obtain a premises licence under the provisions of the Licensing Act 2003 and should contact the Licensing Department.

2 The developer is advised that under the terms of the Wildlife and Countryside Act 1981, it is an offence to disturb nesting birds. You should note that the work herby granted consent does not override the statutory protection afforded to nesting birds and you are advised to seek expert advice if you suspect that the works, including hedge works, would disturb any nesting birds.