Agenda item

To consider and determine planning applications in the attached schedule.

110.1  W/09/00690/FUL Erection of a single storey 1,937sq m gross extension to the east and western elevations of the store; car park improvements and an extension to the south west of the existing car park resulting in an additional 91 car parking spaces; relocation of the petrol filling station from the river Avon to the south eastern area of the site; revised service yard arrangements; provision of an online service facility; construction of a new pedestrian link with town centre; and landscape and ecological improvements to enhance the nature and amenity value of the site and the surrounding land to the south west

- Sainsbury Store Bath Road Melksham Wiltshire SN12 6L

 

Members of the committee were informed of additional comments received from the Conservation Officer, the Councils Area Highway Engineer and Planning Officer as detailed in the Minutes’ Annex.

 

Public Speaking:

 

1.         Mr Robert Machen spoke in objection to the application

 

2.         Mr James Veakins spoke in objection to the application

 

3.         Mr Richard Wiltshire spoke in objection to the application

 

4.         Mr David Lowin, agent for the applicant, spoke in support of the application

 

5.         Mrs Sarah Cardy, Melksham Town Council, spoke in objection to the application

 

Resolved:

 

That planning permission be REFUSED contrary to officer recommendation

 

For the following reasons:

 

1     The risk of increased flooding in the vicinity of the proposed development including the extended car park would outweigh the benefits of the proposed development and as such would be contrary to advice in Planning Policy Statement 25 - Development and Flood Risk

 

2     The relocation of the petrol filling station to the former Bear Yard car park would be detrimental  to the amenities of nearby residents by the reason of noise, light and fumes contrary to the provisions of policies C35 and C38 of the West Wiltshire District Plan 1st Alteration 2004.

 

3     The proposed development, most notably the petrol Filling Station canopy and the extensions to the store and its car park would by reason of their design, materials, form and location be detrimental to the character and appearance of the adjoining Conservation Area and harmful to the setting of nearby Listed Buildings contrary to policies C17, C18 and C19 of the West Wiltshire District Plan 1st Alteration 2004

 

110.2  W/09/02622/FUL Mobile home, day room and retention of existing pair of sheds - Land At Capps Lane Bratton Wiltshire

 

Members of the committee were informed of additional comments received from a local resident and the Planning Officer as detailed in the Minutes’ Annex.

 

Public participation:

 

1.         Mr Tony Venn spoke in objection to the application

 

2.         Miss Leanne Harris, daughter of the applicant, spoke in support of the application

 

3.         Mrs Sally Woodbury, chairman of the Roman Gypsy Advisory Group, spoke in support of the application

 

Councillor Julie Swabey, Unitary Member for Ethandune, spoke in objection to the application

 

Resolved:

 

That the application be DEFERRED until the following additional information has been obtained:

 

·        To clarify the enforcement action applying to the previous owner

·        To investigate the restriction of further expansion

·        To clarify the use of the land for commercial purposes (keeping of horses)

·        To clarify which buildings are to be kept or removed

·        To establish the use to be made of the proposed buildings

·        To reconsider the location of the proposed buildings

·        To investigate the possibility to add a personal  condition

·        To investigate the possibility to add a time clause

·        To receive details of the planned external lighting

·        To receive details of the planned landscape development

·        To consult with the Improvement and Development Agency for local government

 

 

110.3  W/10/00163/FUL Extension of existing bed and breakfast accommodation to provide 5 additional rooms together with refurbishment of Cornicks Cottage to 2 additional rooms, formation of new vehicular access and car parking, and alterations to thatched boundary wall - Dove Inn Corton Wiltshire BA12 0SZ

 

Members of the committee were informed of additional comments received from Highways and Planning Officer as detailed in the Minutes’ Annex.

 

Councillor John Knight left the meeting

 

Public participation:

 

1.         Mr Terry Bryant spoke in objection to the application

 

2.         Mr Ian King spoke in objection to the application

 

3.         Mr Anthony Rucker spoke in objection to the application

 

4.         Mr William Harrison-Allen, owner, spoke in support of the application

 

5.         Mr Tony Jackson spoke in support of the application

 

6.         Mr John White spoke in support of the application

 

Resolved:

 

That planning permission be GRANTED

 

For the following reason(s):

 

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. Prior to the development hereby permitted being brought into use, the proposed access shall be constructed in accordance with the approved plans, drawing reference S4431/104B, and made available for use, and the existing vehicular accesses shall be stopped up and their use permanently abandoned.

 

Reason:    In the interests of highway safety.

 

3. Prior to the development hereby permitted being brought into use, the parking spaces shown on drawing reference S4431/104B, together with the access thereto, shall be completed in accordance with the approved plans.

 

Reason:    In the interest of amenity and highway safety.

 

4.         Notwithstanding the approved plans, prior to the commencement of the works, details of the surface finishes of the courtyard, access, turning areas and parking spaces shall be agreed in writing with the Local Planning Authority. Such surfaces shall be of a permeable finish and the first five metres of the access, measured from the edge of the carriageway, shall be consolidated and surfaced (not loose stone or gravel). The works shall be carried out in accordance with the approved details prior to the occupation of the additional bed and breakfast accommodation hereby approved and shall be maintained as such thereafter.

 

REASON: In the interests of sustainability and visual amenity.

 

West Wiltshire District Plan 1st Alteration 2004 - POLICY: C31a

 

5. No external lighting shall be installed on site until plans showing the type of light appliance, the height and position of fitting, illumination levels and light spillage have been submitted to and approved in writing by the Local Planning Authority.  The lighting approved shall be installed and shall be maintained in accordance with the approved details.

 

REASON: In the interests of the amenities of the area and to minimise unnecessary light spillage above and outside the development site.

West Wiltshire District Plan 1st Alteration 2004 - POLICY: C35 and C38

 

6. No development shall commence on site until a scheme for the discharge of surface water from the site (including surface water from the parking spaces/access/driveway/gutters and rainwater pipes), incorporating sustainable drainage details, has been submitted to and approved in writing by the Local Planning Authority. The development shall be constructed in accordance with the approved surface water drainage scheme and the additional bed and breakfast accommodation shall not be occupied until the works are complete.

 

REASON: To ensure that the development can be adequately drained.

 

West Wiltshire District Plan 1st Alteration 2004 - POLICY: U2.

 

7. No development shall commence on site until details of the works for the disposal of sewerage have been submitted to and approved in writing by the Local Planning Authority.  The development shall be constructed in accordance with the approved foul water drainage scheme and the additional bed and breakfast accommodation shall not be occupied until the works are complete.

 

REASON: To ensure that the proposal is provided with a satisfactory means of drainage.

 

West Wiltshire District Plan 1st Alteration 2004 - POLICY: U1a.

 

8. No development shall commence on site until details and samples of the materials to be used for the external walls, dormer windows and roofs, including the timber cladding, walkway, stairs and balustrade, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and shall be completed prior to the first occupation of  the additional bed and breakfast accommodation hereby approved.

 

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

 

West Wiltshire District Plan 1st Alteration 2004 - POLICY: C31a.

 

9. No development shall commence on site until construction details and samples of the material finishes to be used for the new section of frontage boundary wall, which shall match the existing 'cob' wall in height, width and external appearance, have been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details and shall be completed prior to the additional bed and breakfast accommodation hereby approved being brought into use.

 

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

 

West Wiltshire District Plan 1st Alteration 2004 - POLICY: C31a.

 

Informative(s):

 

You are advised that the proposal is not located within a sewered area and that Wessex Water state that there are no sewers in the vicinity. You are advised that the proposed development is within a Source Protection Zone and any surface water discharge will need to be in accordance with the Environment Agency guidelines.

 

There is a water main in the vicinity. It will be necessary to agree with Wessex Water a point of connection onto the system for the satisfactory supply of water.  It is also important that you check with Wessex Water whether there are any uncharted mains within or very near to the site.

 

110.4 W/09/03641/FUL Siting of a mobile home - Land Adjacent 28 Fairwood Road Dilton Marsh Wiltshire

 

Public Speaking:

 

1. Mr Bill Lowe spoke in support of the application

 

Councillor Julie Swabey, Unitary Member for Ethandune, spoke in support of the application

 

Resolved:

 

That planning permission be REFUSED

 

For the following reason(s):

 

1.    Annex A to Planning Policy Statement 7 (Sustainable Development in Rural Areas) advises that new residential accommodation can be permitted in the open countryside only where the nature and demands of the rural enterprise may make it essential for one or more persons to live at or very close to the site of their work. The planning application and the supporting statements do not make any case for a functional need on the holding in association with the current business practice, and the rationale for the proposed temporary dwelling lies outside the scope of Annex A of PPS7.  The proposed dwelling is therefore not warranted under Annex A of PPS7.

 

2. The dwelling in the open countryside is not fully justified in connection with the essential needs of agriculture or other rural occupation where a functional need has not been demonstrated. This is contrary to policy H19 West Wiltshire District Plan 1st Alteration 2004.