Agenda item

Change of use of site from public house (Class A3) and adult entertainment venue (sui generis) to form two commercial units (Classes A1, A2, B1 or D1) and 10 apartments including conversion, demolition and erection of buildings (Revised plans showing amendments to the ground and first floor layout and elevations).

Public Participation

Stuart Garnett (Agent) spoke in support of the application.

Mark Timbrell (Salisbury City Council) spoke in objection to the application.

The Senior Planning Officer made a joint presentation for this item and the associated next item, for an application for Change of use of site from public house and adult entertainment venue to form two commercial units and 10 apartments including conversion, demolition and erection of buildings. The application was recommended for approval.

Members of the Committee then had the opportunity to ask technical questions of Officers. It was noted that the access path, which would be closed off in the evening, was pedestrian only and that waste would be stored within the site and brought out on collection day. An affordable housing contribution was not required due to the type of scheme. The site was within the localised flooding maps for the area.

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

The Committee discussed the application, noting that introducing residential development on this site could impact on license holders around the site, in terms of noise complaints. Flooding on this site was an issue and would need to be addressed. The Committee supported development of the currently neglected site, however it was felt that a commercial or retail development would be more suited.

Resolved:

That planning permission be REFUSED for the following reasons:

1.    The proposed design, by reason of its cramped and congested layout in relation to the residential elements, will result in 10 flats being accessed by a restricted courtyard area, which would have no private amenity space. Due to a combination of the close proximity of the flats to each other, the orientation of the new windows, and the scale of the new three-storey elements of the development within this narrow site, the proposal would be likely to result in a significantly reduced level of amenity for future occupiers in terms of privacy, and would represent an overdevelopment of the site. The scheme as currently designed would therefore be contrary to the design criteria of Core Policy 57 and Core Policy 58 of the Wiltshire Core Strategy, and design guidance in the NPPF.

2.   
The site is located in a locally designated ground-water flood risk zone, and the immediate area has been prone to ground-water flooding in recent years. Insufficient information has been provided to demonstrate that surface/waste water from the site can be adequately removed from the site to avoid flood risk to the new development and nearby properties. The scheme is therefore considered to be contrary to Core Policy 3, Core Policy 57, Core Policy 67 and Strategic objective 6 of the Wiltshire Core Strategy.

3.    Insufficient information has been provided to demonstrate that waste storage/ collection from the rear of the site will be achievable, as no collection point or placement/removal times have been submitted. Without providing this information prior to determination, it remains unclear to the Council whether a workable waste management plan can be achieved that would satisfy the Council’s collection requirements and preserve residential amenity. Therefore the proposal would be contrary to Core Policy 3, Core Policy 57 and Strategic objective 6 of the Wiltshire Core Strategy.

4.    The site is located within a commercial area of the city which makes a significant contribution to the night time economy, and where premises operate until the early hours of the morning. Notwithstanding the submission of amended plans and details, the Council remains to be convinced that sufficient information has been provided to demonstrate that the adjacent night time uses would not have an adverse impact on future occupants of the proposed flats, particularly flat  6 and flat 10. It is therefore considered that based on existing details, the creation of residential flats as proposed would have the potential to expose future occupiers of the site to unacceptable levels of noise and disturbance at unsocial hours, which would be seriously detrimental to residential amenity, and prejudice the operation of adjacent commercial uses. The scheme is therefore considered to be contrary to Core Policy 57 of the Wiltshire Core Strategy.