Agenda item

Public Participation:

Mrs Patricia Simpson spoke in objection to the application.

Mrs Lucy Wright spoke in support of the application.

Mrs Kate Smith spoke in support of the application.

Cllr Pauline Lyons, Box Parish Council, spoke in objection to the application.

The Planning Officer introduced the report which recommended approval and drew attention to the late list of observations provided at the meeting. It was clarified that the application was to vary several conditions from a previous application to permit additional usage of the application site only.

The Officer explained the key issues as in relation to highways impacts, neighbour amenity, impact on the conservation area, and the impact of increase noise and odour.

The Committee then had the opportunity to ask technical questions of the officers. Specifics on how noise levels would be compared were sought, and the circumstances of the applicants were also sought.

Members of the public then had the opportunity to address the Committee, as detailed above.

The Local Member, Cllr Sheila Parker, spoke in objection to the application.

A debate followed, wherein the number of days the applicants could conduct business beyond 8pm was discussed, and it was clarified that a monthly plan for which nights would be extended would have to be submitted to Council officers, and how the conditions could be monitored was asked.

After discussion, it was,

Resolved:

That Planning Permission be GRANTED for the following reason:

The proposed variation to conditions, by virtue of the nature of the activities and hours of operation proposed, will not adversely affect the character or appearance of the site or its setting in a Conservation Area, and will not detrimentally affect highway safety or the residential amenity enjoyed by neighbours. The proposal therefore accords with Policies C3, HE1, HE4 and R5 of the adopted North Wiltshire Local Plan 2011.

Subject to the following conditions:

1. The coffee shop use shall only take place between the hours of 0800 hrs in the morning and 2300 hrs in the evening until 17 March 2013, after which date the hours of operation shall revert to 0800 hrs in the morning till 2000 hrs in the evening. The site shall then be used for a coffee shop and for no other purpose (including any other purpose in Class A3 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended by the Town and Country Planning (Use Classes) (Amendment) (England) Order 2005, (or in any provisions equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification).

REASON:  To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area and to enable monitoring of noise, nuisance and activity.

1.    The following uses:

-       Private dinner or breakfast functions;

-       Craft workshops;

-       Cookery classes; or

-       Children’s parties

Are permitted in connection with the existing business only and for no other purpose (including any other purpose in Class A3 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended by the Town and Country Planning (Use Classes) (Amendment) (England) Order 2005 (or in any provisions equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification) for a period of 12 months ceasing on 17 March 2013 for the hours of 0800 hrs in the morning to 2300 hrs in the evening.

REASON:  The Local Planning Authority wish to monitor the nature of the uses having regard to the circumstances of the case including the impact upon local residents and the local highway network.

3. The coffee shop business and building shall not be sold, let or rented separate from the dwelling house (known as The Old Dairy).

REASON: In order to minimise traffic generation and preserve the amenities of the occupiers of the dwellinghouse.

4.    The operation of the premises between the hours of 2000-2300 hereby permitted until 17 March 2013 shall be limited to not more than eight evenings per calendar month. The specific evenings per month for the duration of the permission shall be submitted to and approved in writing by the Local Planning Authority within one month of this permission. Such details shall also be kept on the premises.

REASON: In the interests of residential amenity and to avoid nuisance.

5.    The operation of the premises for the hours of 2000 -2300 and activities hereby permitted until 17 March 2013 shall apply only to the following persons and their resident dependants:

Mr Simon Wright

Mrs Lucy Wright

REASON: Regard has been paid to the personal circumstances of the applicant given the operation of the existing permitted use and the relationship with the adjacent dwelling within their ownership. The Local Planning Authority shall wish to consider separately any such proposal made by another applicant.

7.    The level of noise emanating from the premises shall at no time exceed a rating level of 35dB (BS4142:1997) at the site boundary.

REASON: In the interests of residential amenity

INFORMATIVES

1.    Planning Permission has been and continues to be granted based on the uses within the red line. External areas outside the red line site boundary are being used in association with the business and this is unauthorised. As such the applicant is requested to cease such use and apply for planning permission.

2.    In the event changes to the evening operations beyond 8pm, a formal application will be required to vary condition 5.

3.    The applicant is reminded that notwithstanding this permission, any nuisance complaints can still be investigated under the Environmental Protection Act 1990.