Agenda item

Public Participation

Mr Vines, agent, spoke in support of the application.

 

 

The Planning Officer introduced the report which recommended that authority be delegated to the Area Development Manager to grant permission subject to conditions and the approval of the submitted Unilateral Undertaking in respect of the provision of a financial consideration towards public open space.

 

It was noted that the officers were satisfied that attempts to market the property as a public house business had been made and had been unsuccessful, and that with other nearby public houses there would not be an appreciable loss of amenity from the proposed change of use.

 

The Committee then had the opportunity to ask technical questions of the officers. The provision of a public footpath was raised.

 

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

 

Cllr Peter Doyle, as Local Member, expressed some concern about the extent of attempts to retain commercial use for the site.

 

A discussion followed, during which the design of the new build, provision of parking and limited number of building plots were raised.

 

It was,

 

Resolved:

 

That authority be DELEGATED  to the Area Development Manager to GRANT Planning Permission for the following reason subject to an acceptable legal agreement to secure contributions to Public Open Space and the conditions set out below:

 

The Council are satisfied that the business is no longer viable and every reasonable attempt to market the premises has been made. The scale and layout of the proposal is considered to be acceptable in the context of the surrounding area and the proposal is not considered to result in an unacceptable impact upon the residential amenity of surrounding properties.  Sufficient car parking and manoeuvring space is provided within the site and the proposed development would not be detrimental to highway or pedestrian safety.  In this way the proposed development is considered to comply with the provisions of policies C3, H3, R6 and CF3 of the adopted North Wiltshire Local Plan 2011.

 

Subject to the following conditions:

 

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 commence on site until details and samples of the materials to be used for the external roofs have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

 

REASON: In the interests of visual amenity and the character and appearance of the area.

 

POLICY: C3 of the North Wiltshire Local Plan 2011.

 

3. No development shall commence on site until a sample panel of the render to be used on the external walls has been made available on site, inspected and approved in writing by the Local Planning Authority.  The panel shall then be left in position for comparison whilst the development is carried out. Development shall be carried out in accordance with the approved sample.

 

REASON: In the interests of visual amenity and the character and appearance of the area.

 

POLICY: C3 of the North Wiltshire Local Plan 2011.

 

4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any Order revoking or re-enacting or amending that Order with or without modification), there shall be no additions/extensions or external alterations to any building forming part of the development hereby permitted.

 

REASON:  In the interests of the amenity of the area including adjacent trees and to enable the Local Planning Authority to consider individually whether planning permission should be granted for additions/extensions or external alterations.

 

POLICIES: C3 and NE14 of the North Wiltshire Local Plan 2011.

 

5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any Order revoking or re-enacting or amending that Order with or without modification), no garages, sheds, greenhouses and other ancillary domestic outbuildings shall be erected anywhere on the site on the approved plans.

 

REASON:  In the interests of the amenity of the area including adjacent trees and to enable the Local Planning Authority to consider individually whether planning permission should be granted for additional structures.

 

POLICIES: C3 and NE14 of the North Wiltshire Local Plan 2011.

 

6. No development shall commence on site until a scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include:

 

(a) indications of all existing trees and hedgerows on the land;

(b) details of any to be retained, together with measures for their protection in the course of development;

(c) all species, planting sizes and planting densities, spread of all trees and hedgerows within or overhanging the site, in relation to the proposed buildings, roads, and other works;

(d) finished levels and contours;

(e) means of enclosure;

(f) car park layouts;

(g) other vehicle and pedestrian access and circulation areas; and

(h) hard surfacing materials.

 

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

POLICIES: C3 and NE14 of the North Wiltshire Local Plan 2011.

 

7.  All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first occupation of the building(s) or the completion of the development whichever is the sooner;  All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any trees or plants which, within a period of five years, die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local planning authority.  All hard landscaping shall also be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme to be agreed in writing with the Local Planning Authority.

 

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

POLICIES: C3 and NE14 of the North Wiltshire Local Plan 2011.

 

8. No part of the development hereby permitted shall be first occupied until the access, turning area and parking spaces have been completed in accordance with the details shown on the approved plans.  The areas shall be maintained for those purposes at all times thereafter.

 

REASON: In the interests of highway safety in accordance with policy C3 of the North Wiltshire Local Plan 2011.

 

9. No development shall commence on site until an investigation of the history and current condition of the site to determine the likelihood of the existence of contamination arising from previous uses has been undertaken and until:

 

a)    The Local Planning Authority has been provided with written confirmation that, in the opinion of the developer, the site is likely to be free from contamination which may pose a risk to people, controlled waters or the environment.  Details of how this conclusion was reached shall be included.

b)    If, during development, any evidence of historic contamination or likely contamination is found, the developer shall cease all work immediately and contact the Local Planning Authority to identify what additional site investigation may be necessary.

c)    In the event of unexpected contamination being identified, all development on the site shall case until such time as an investigation has been carried out and a written report submitted to and approved by the Local Planning Authority that such works have been carried out.  Construction shall not recommence until the written agreement of the Local Planning Authority has been given following its receipt of verification that the approved remediation measures have been carried out.

 

REASON: To ensure that land contamination can be dealt with adequately prior to the use of the site hereby approved by the Local Planning Authority, in accordance with policy NE17 of the North Wiltshire Local Plan 2011.

 

10. The development hereby permitted shall be implemented in accordance with the submitted plans and documents listed below. No variation from the approved plans should be made without the prior approval of the local planning authority. Amendments may require the submission of a further application.

 

-         2011-05-1 – Site plan and existing site survey

-         2011-05-6 – Existing ground and first floor layout plan

-         2011-05-7 – Existing elevations

-         2011-05-8 – Proposed elevations

-         2011-05-10 – Proposed layout plans

-         2011-05-11A – Proposed elevations

-         2011-05-12A – Site layout plan

-         2011-05-13A – Proposed ground and first floor layout plan

 

All date stamped 28^th February 2012

 

REASON: To ensure that the development is implemented as approved.

 

Informatives:

 

1. Thames Water will aim to provide customers with a minimum pressure of 10m head (approximately 1 bar) and a flow rate of 9 litres / minute at the point where it leaves Thames Waters pipes.  The developer should take account of this minimum pressure in the design of the proposed development.

 

2. The Building Regulations are applicable to this proposal. Unless you have already properly deposited a Building Regulations application, and a written notice of commencement has been given by your builder, you should not start work on site.