Agenda item

16/00550/FUL - 23, Milford Street, Salisbury

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)

Minutes:

Public Participation

Mr Guy Macklin (Applicant) spoke in support of the application

Cllr Michael Pope of Salisbury City Council spoke in support of the application

Mrs Elaine Milton (Consultant) spoke in support of the application

 

The Senior Planning Officer drew attention to the late correspondence circulated at the meeting and introduced the application which was a resubmission from an earlier application, for 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. A site visit had taken place earlier that day.

 

The applicant had submitted additional information following the previous decision, which addressed earlier issues of waste management and surface and foul water drainage. The application was recommended for approval.

 

Members of the Committee then had the opportunity to ask technical questions of the Officers. It was noted that there would be glass doors at the front entrance which would be open during the day and closed in the evening. The night club next door to the site had since closed and would be taken on by the neighbouring gun shop.

 

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

 

The Unitary Division Member was not in attendance to speak.

 

The Committee discussed the application, noting that following the site visit, it was evident that the buildings were in a dilapidated state and required development urgently. The previous concerns over drainage had been addressed and the night club had closed. The design of the development did not appeal to all, however as the location of the dwellings at the rear was closed in, it was seen that large windows would permit more light..

 

Cllr Westmoreland moved Officers recommendation for Approval; this was seconded by Cllr Devine.

 

Resolved

That the application be APPROVED 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 within the area indicated (proposed development site) until:

  • A written programme of archaeological investigation, which should include on-site work and off-site work such as the analysis, publishing and archiving of the results, has been submitted to and approved by the Local Planning Authority.

The approved programme of archaeological work has been carried out in accordance with the approved details. The work should be conducted by a professionally recognised archaeological contractor in accordance with a written scheme of investigation approved by this office and there will be a financial implication for the applicant.

REASON: To enable the recording of any matters of archaeological interest.

 

3.         No development shall commence on site until a scheme of acoustic glazing and mechanical ventilation has been submitted to and approved in writing by the Local Planning Authority. The scheme shall meet the standards set out in section 5.3 of the Environmental Noise Assessment (reference; 182_150922_WHITEROOMS, date; September 2015). The approved scheme shall be implemented in full before the development is occupied and maintained at all times thereafter.

REASON: In the interests of protecting residential amenity

 

4.         No development shall commence on site until a written scheme of noise attenuation for the room within the room construction of flats 6 and 10 has been submitted to and approved in writing by the Local Planning Authority. The written scheme shall be implemented in full before the development is occupied and maintained at all times thereafter.

REASON: In the interests of protecting residential amenity

 

5.         No development shall commence on site until a written scheme for post-completion noise measuring has been submitted to and approved in writing by the local planning authority. The written scheme shall include details of the times at which noise measuring will take place and the equipment and noise descriptors to be used for the purposes of measuring the residual levels of noise caused by the licensed premises, Zoo. Where the post completion noise measurements identify that LAmax levels of noise from Zoo are in excess of Preferred Noise Criterion Curve 25 (PNC25), as shown in table 5.1 of the Environmental Noise Assessment (reference; 182_150922_WHITEROOMS, date; September 2015) in flats 6 and 10 those flat(s) shall not be occupied.

REASON: In the interests of protecting residential amenity

 

6.         The ground floor commercial units shall be used for A1, A2, A3, B1 or D1 use classes only. There shall be no A3 or A5 uses in the ground floor commercial units.

REASON: In the interests of protecting residential amenity

 

7.         No development shall commence on site until a construction management plan has been submitted to and approved in writing by the local planning authority. The plan shall include details of the measures that will be taken to reduce and manage the emission of noise, vibration and dust during the demolition and/or construction phase of the development. It shall include details of the following:

                              i.        The movement of construction vehicles;

                            ii.        The cutting or other processing of building materials on site;

                           iii.        Wheel washing and vehicle wash down facilities

                           iv.        The transportation of waste materials (if any)

                            v.        The location and use of generators and temporary site accommodation

                           vi.        Pile driving (if any, and if it is to be within 200m of residential properties)

The construction/demolition phase of the development will be carried out fully in accordance with the construction management plan at all times.

REASON: In the interests of protecting residential amenity

 

8.         No construction or demolition work shall take place on Sundays or Public Holidays or outside the hours of 07:30 to 18:00 Monday to Friday and 08:00 to 13:00 on Saturdays

REASON: In the interests of protecting residential amenity

 

9.         No burning of waste or other materials shall take place on the development site during the demolition/ construction phase of the development.

REASON: In the interests of protecting residential amenity

 

10.       No development shall commence on site until a scheme for the glazed doors has been submitted to and approved in writing by the Local Planning Authority. The scheme shall meet the standards set out in the addendum to the Environmental Noise Assessment (reference; 182_151129_WHITE ROOMS, dated; 29th November 2015). The approved scheme shall be implemented in full before the development is occupied and maintained at all times thereafter.

REASON: In the interests of protecting residential amenity

 

11.       No development shall commence on site until finer details, and where so appropriate materials, of all external materials to be used on the development 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: The application contained insufficient information to enable the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, in the interests of visual amenity and the character and appearance of the area.

 

12.       No development shall commence on site until details of all eaves, verges, windows and doors (including head, sill and window reveal details), rainwater goods, rooflights and canopies 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: The matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, in the interests of visual amenity and the character and appearance of the area.

 

13.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting or amending that Order with or without modification), no window, dormer window or rooflight, other than those shown on the approved plans, shall be inserted in the roofslopes or first/second floors of the development hereby permitted.

REASON: In the interests of residential amenity and privacy.

 

14.       The windows labelled as No. 19 on drawing P14-001 02-05-004B, in the inner courtyard elevation shall be glazed with obscure glass only and fixed with a ventilation stay restricting the opening of the window, prior to the first occupation of the development hereby permitted, and shall be permanently maintained in perpetuity.

REASON: In the interests of residential amenity and privacy.

 

15.       Prior to the commencement of development, a waste collection management plan shall be submitted to and agreed by this Authority. The agreed management plan shall be carried out in accordance with the approved details in perpetuity.

REASON: In the interests of maintain adequate waste collection.

 

16.       No development shall commence on site until a scheme for the discharge of surface water from the site, incorporating sustainable drainage details, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be first brought into use/first occupied until surface water drainage has been constructed in accordance with the approved scheme.

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure that the development can be adequately drained.

 

17.       No development shall commence on site until details of the works for the disposal of sewerage including the point of connection to the existing public sewer have been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be first occupied until the approved sewerage details have been fully implemented in accordance with the approved plans.

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure that the proposal is provided with a satisfactory means of drainage and does not increase the risk of flooding or pose a risk to public health or the environment.

 

18.       This development shall be in accordance with the submitted drawings:

Site Plan P14-001-02-02-001

Proposed Ground Floor P14-001-02-03-001C

Proposed First Floor P14-001-02-03-002A

Proposed Second Floor P14-001-02-03-003A

Proposed Roof Plan P14-001-02-03-004A

Demolition on Ground Floor P14-001-02-03-011A

Demolition First Floor P14-001-02-03-012A

Demolition Second Floor P14-001-02-03-013A

Proposed Section 03 P14-001-02-04-001A

Proposed Section 04 P14-001-02-04-002A

Wall Detail Key P14-001-02-04-005A

Wall Types 1 & 2 P14-001-02-04-006

Wall Types 3 & 4 P14-001-02-04-007

Wall Types 5 & 6 P14-001-02-04-008

Wall Build Up P14-001-02-04-010

Elevation 01 P14-001-02-05-001B

Elevation 02 P14-001-02-05-002A

Elevation 03 & 04 P14-001-02-05-003A

Elevation 05 P14-001-02-05-004B

Elevation 06, 07 & 08 P14-001-02-05-005A

Elevation 09 P14-001-02-05-006B

Elevation 10 P14-001-02-05-007A

Demolition Elevation on 01 P14-001-02-05-011A

Demolition Elevation 02 P14-001-02-05-012B

Demolition Elevation 03 & 04 P14-001-02-05-013A

Demolition Elevation 05 P14-001-02-05-014A

Demolition Elevation 06,07 & 08 P14-001-02-05-015A

REASON: For the avoidance of doubt.

 

 

 

INFORMATIVE:

 

The applicant should note that additional residents parking permits are unlikely to be allocated to the new occupiers of the flats.

 

 

 

INFORMATIVE:

 

Many wildlife species are legally protected. The applicant should be aware that if it becomes apparent that the site is being used or has previously been used by protected species (such as slowworms, badgers, barn owls or bats), work should STOP immediately and Natural England should be contacted at their Devizes office 01380 725344 for advice on how to proceed.

 

 

INFORMATIVE:

 

The applicant is advised that the development hereby approved may represent chargeable development under the Community Infrastructure Levy Regulations 2010 (as amended) and Wiltshire Council’s CIL Charging Schedule. A separate Community Infrastructure Levy Liability Notice will be issued by the Local Planning Authority. Should you require further information with regards to CIL please refer to the Council's Website

www.wiltshire.gov.uk/planninganddevelopment/planningpolicy/communityinfrastructurelevy

 

 

 

Supporting documents: