Agenda item

Public Participation:

 

•      Matthew Shellum, planning agent, spoke in support of the application

•      Andrew Wiliams, Stonehenge Chamber of Trade, spoke in support of the application

•      Ian Mitchell, Mayor of Amesbury and on behalf of the Parish Council, spoke in support of the application

 

The Area Team Leader introduced the report which recommended for approval subject to a legal agreement and conditions.  She explained that the planning application was for the redevelopment of the site to form a mixed use development of circa 5,000 sq ft A1 retail floorspace, and 33 later living apartments for older persons including associated landscaping, car parking and access.

 

Members of the Committee were informed that the proposed scheme increased the length of retail frontage to Salisbury Street fully in accordance with policy S1 and the site was also in the Housing Policy Boundary so housing was also acceptable in principle.  The core planning principles of the National PlanningPolicyFramework include that planningshould also promotemixeduse development in sustainable locations.   Whilst there was an overall reduction in retail floorspace with the loss of the existing supermarket building, the retail floorspace being created was more flexible and more useable to the retail market and was considered to improve the retail function of Amesbury.

In accordance with paragraph 187 of the National Planning Policy Framework, Wiltshire Council had worked proactively to secure the development to improve the social, economic and environmental conditions of the area.

 

Members then raised a number of technical issues in relation to car parking for staff and customers, space for refuse collection vehicles and the affordable housing contribution.

 

Members of the public then had the opportunity to address the Committee with their views, as detailed above. The Committee attended a site visit of the application site prior to the meeting.

 

The local member, Councillor Fred Westmoreland, then spoke to the application. In particular he explained his concerns about the retail space being too small and the design of the overall development would not alleviate antisocial behaviour in the town centre.  

 

The Committee then considered the application and debated a number of issues. Members highlighted the overwhelming support for the application received from the Chamber of Trade who represented over 120 local businesses and the need for smaller stores in the town.  There was a concern that if this application was refused the site would not be developed for many years and that this would be detrimental to the social, economic and environmental conditions of the area.

 

The Committee asked for an officer to attend the next meeting to speak about housing contributions.

 

Resolved:

 

That subject to the applicant entering into a S106 agreement to secure contributions towards affordable housing, waste and recycling facilities and the Wessex Stone Curlew Project, Planning Permission be GRANTED.

 

And 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 walls and 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: To ensure that the development is appropriately detailed due to its proximity to listed buildings and location within the conservation area.

 

(3) No walls of the development hereby permitted shall be constructed until a sample panel of the brickwork and flintwork not less than 1 metre square, demonstrating the face bond of the brickwork, the type of flint, style of flintwork and the mortar mix and finish and pointing style have been constructed on the site 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: To ensure that the development is appropriately detailed due to its proximity to listed buildings and location within the conservation area.

 

(4) No walls of the development hereby permitted shall be constructed until a sample panel of the render to be used on the external walls not less than 1 metre square, has been constructed on site 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 (WB12).

 

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

 

(5) No development shall commence on site until large scale details of all eaves, verges, windows, (including elevations and sections of the windows, head, sill and window reveal details), doors and rainwater goods 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: To ensure that the development is appropriately detailed due to its proximity to listed buildings and location within the conservation area.

 

(6) No development shall commence on site until large scale horizontal and vertical section plans (1:10 scale) of the shopfront to demonstrate the projection of the fascia, pilaster and stallriser 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: To ensure that the development is appropriately detailed due to its proximity to listed buildings and location within the conservation area.

 

(7) No development shall commence on site until details of the design, external appearance and decorative finish of all railings, fences, gates, walls, bollards and other means of enclosure have been submitted to and approved in writing including a timetable for implementation by the Local Planning Authority.  Development shall be carried out in accordance with the approved details and the agreed timetable for implementation (WB17).

 

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

 

(8) No development shall commence on site until a noise pollution attenuation scheme for the flats on the Salisbury Street frontage (labelled 10, 11, 12, 14 & 27 on drawing no A01-1883-04 Rev B) has been submitted to and approved in writing by the Local Planning Authority.  The scheme shall include the glazing specification to the flats, full details of the acoustic insulation and air ventilation systems.  The flats shall not be occupied until the approved scheme has been completed in accordance with the approved details.

 

Reason: In the interests of residential amenity.

 

(9) 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 detailed planting specification showing all plant species, supply and planting sizes and planting densities;

·         all hard surfacing materials

 

Reason: To ensure a satisfactory landscaped setting for the development, in the interests of visual amenity and the character and appearance of the area.

 

(10) 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, in the interests of visual amenity and the character and appearance of the area.

 

(11) No demolition, site clearance or development shall commence on site until an Arboricultural Method Statement (AMS) prepared by an arboricultural consultant providing comprehensive details of construction works in relation to the retained trees shown on plan number 7999/01 shall be submitted to and approved in writing by the local planning authority.  All works shall subsequently be carried out in accordance with the approved details.  In particular, the method statement must include:-

A specification for protective fencing to trees to be retained as shown on plan number 7999/01 during both demolition and construction phases which complies with British Standard 5837:2005 and a plan indicating the alignment of the protective fencing.

A Specification for scaffolding and ground protection within tree protection zones in accordance with BS 5837:2005.

 

Reason: To enable the Local Planning Authority to ensure the retention of trees on the site in the interests of visual amenity.

 

(12)  No development shall commence on site until details of the number, design and locations of measures which will be incorporated into the development to provide nesting opportunities for birds and roosting opportunities for bats, including a timetable for implementation has been submitted to and approved in writing by the local planning authority.  The development will be completed in accordance with the approved details and implementation and retained for annual use by bats and breeding birds.

 

Reason: To safeguard protected species and mitigate against the loss of existing biodiversity and nature habitats

 

(13) No development shall commence on site until details have been submitted to and approved in writing by the local planning authority of cycle parking spaces for the retail development and the spaces shall be implemented in accordance with the approved details prior to the retail development first being brought into use.

 

Reason: To ensure that satisfactory facilities for the parking of cycles are provided and to encourage travel by means other than the private car in the interests of sustainable development.

 

(14) No development shall commence on site until a Travel Plan 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.

 

(15) The car parking spaces and access roads thereto shown on the approved drawings shall be completed prior to the occupation of the development land uses for which they are intended.

 

Reason: In the interests of highway safety and the amenity of future occupants/users of the development.

 

(16) The residential development hereby permitted shall not be first occupied, until the cycle parking facilities for the residential development shown on the approved plans have been provided in full and made available for use. The cycle parking facilities shall be retained for use in accordance with the approved details at all times thereafter.

Reason: To ensure that satisfactory facilities for the parking of cycles are provided and to encourage travel by means other than the private car in the interests of sustainable transport.

 

(17) Prior to the occupation of the any residential dwelling a car parking allocation and management plan shall be submitted to and approved in writing by the local planning authority. The sixteen car parking spaces provided for the residential development shall thereafter be allocated and managed strictly in accordance with the approved plan.

 

Reason: In the interests of highway safety and to help ensure that demand for spaces is restricted to match the provision.

 

(18)  No development shall commence on site until details showing ventilation and extraction equipment within the site for the retail element of the scheme hereby approved (including details of its position, appearance and details of measures to prevent noise emissions) have been submitted to and approved in writing by the Local Planning Authority.  The ventilation/extraction equipment shall be installed prior to the retail development hereby approved being first occupied and shall thereafter be maintained in accordance with the approved details. (WF14)

 

Reason:  In the interests of amenities of the area

 

(19) No development shall take place until a legal agreement with the highways authority in relation to the proposed changes to the layby on Salisbury Street has been entered into to secure:

1.  Alteration and amendments to the dimensions of layby on Salisbury Street fronting the site.

2.  Traffic regulation order required to be modified or introduced to regulate use of the layby site traffic and other potential defined users.

3. The submission of a service delivery management plan to be effected by the retail development.

4. Details for the protection/alteration of existing public path at the east side of the site.

 

Reason: In the interest of highway safety

 

(20)  The second floor flat roof area of the development hereby permitted above the residents lounge (shown on drawing number A01-1883094 Rev B) shall not be used as a balcony, roof garden or similar amenity area (WE14).

 

Reason:  In the interests of residential amenity and privacy.

 

(21)  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting or amending that Order with or without modification), the ground floor retail element of the scheme (outlined on plan number A01-1883-03 Rev C) site shall be used solely for purposes within Class A1 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). (WFA)

 

Reason:  The proposed use is acceptable but the Local Planning Authority wish to consider any future proposal for a change of use, other than a use within the same class, having regard to the circumstances of the case.

 

(22) The development hereby permitted shall be carried out in accordance with the following approved plans:

Plan number A01-1883-20 Rev A, South West Elevation North West Elevation, dated May 2013, received by this office 26/06/2013

Plan number A01-1883-03 Rev C Ground Floor Plan, dated Feb 2013, received by this office 26/06/2013

Plan number A01-1883-05 Rev A Proposed Elevations, dated Feb 2013, received by this office 27/06/2013

Plan number A01-1883-02 Rev A Proposed Site Layout, dated Feb 2013, received by this office 21/06/2013

Plan number A01-1883-01 Rev A Site Location Plan, dated Feb 2013, received by this office 20/06/2013

Plan number A01-1883-04 Rev B Upper Floor Plans, dated Oct 2012, received by this office 29/05/2013

Plan number LP233/01A Landscape Strategy Plan, dated Feb 2013, received by this office 15/04/2013

Plan number A01-1883-12 Section Elevations A to J, dated April 2013, received by this office 15/04/2013

Plan number 7999/01 Tree Constraints Plan, dated Sept 2012, received by this office 26/03/2013

Plan number A01-1883-06 North East Elevation and Section AA, dated March 2013, received by this office 07/03/2013

 

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

 

Informatives

 

Permission not authorising work on land outside the applicant’s control & party wall act

 

The applicant is requested to note that this permission does not affect any private property rights and therefore does not authorise the carrying out of any work on land outside their control. If such works are required it will be necessary for the applicant to obtain the landowners consent before such works commence.  If you intend carrying out works in the vicinity of the site boundary, you are also advised that it may be expedient to seek your own advice with regard to the requirements of the Party Wall Act 1996 (WP18).

 

Materials

 

Please note that the Planning Office does not have the facility to receive material samples. Please deliver material samples to site, with a notification to the planning office where they are to be found.

 

Section 106 Agreement

 

This permission shall be read in conjunction with the Section 106 Agreement dated (To be completed) 2013, which is applicable to this application, in terms of its restrictions, regulations or provisions.

 

Highways

 

The consent hereby granted shall not be construed as authority to carry out works on the highway.   

 

A Section 278 Agreement allows developers to enter into a legal agreement with the Highways Authority to make alterations to the public highway to ensure that the work to be carried out on the highway is completed to the standards and satisfaction of the Local Highway Authority.

 

Proposals relating to the alterations of the layby fronting the site will be considered by the highway authority on the basis of all potential users. There can be no guarantee that space will be available at a particular time for the private use of the retail development.

 

Advertisement consent required

 

This permission does not permit the display of any advertisements which require consent under the Town and Country Planning (Control of Advertisements) (England) Regulations, 2007 or under any Regulation revoking and re-enacting or amending those Regulations, including any such advertisements shown on the submitted plans.

 

Wessex Water

 

The existing foul sewerage network has adequate spare capacity to serve the current proposals for foul drainage.

 

The current plans indicate that on site drainage will not be offered for adoption to Wessex Water.  Appropriate measures should be made for the maintenance and repairs of these sewers.  Please refer to Wessex Water’s Advice Note 16 for further guidance on the National Building standard (NBS).

 

When the NBS is implemented it will be mandatory for new shared drainage to be adopted by the sewerage undertaker.

 

If the development site is constructed prior to the implementation of the NBS and the site is not a single managed site, some of the drainage will be subject to secondary sewer transfer to Wessex Water 6 months after the NBS is introduced.

 

Surface Water – Proposals indicate drainage to highway drain; the applicant should consider soakaway arrangements.  If the surface water system is to be served by soakaways the surface water sewers do not, in effect, drain to a public system and will not be subject to mandatory transfer.

 

Water Supply – Adequate capacity exists; building above 2 storeys may require on site boosted storage.