Agenda item

Conversion of the building to form three houses, external alterations and landscaping of the courtyard space.

Public Participation

Matthew Holmes (Agent) spoke in support to the application.

The Senior Planning Officer introduced the application for the conversion of the building to form three houses, external alterations and landscaping of the courtyard space. The application was recommended for approval subject to conditions. Site was behind No’s 1, 5 and 7 South Street, accessible between 5 and 7 South Street. With exception of 4 parking bays the rest of the street was set out with double yellow lines.

The application recommended for approval subject to conditions.

Members of the Committee then had the opportunity to ask technical questions of the Officers. It was noted that the policy on car parking spaces required for developments did not apply if the site was considered as in a sustainable location. Highways had not objected to the application.

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

The Unitary Division Member; Councillor Peter Edge spoke in objection to the application, on the grounds of the relationship to adjoining properties and lack of car parking. He felt that the Highways recommendations on applications to were not fit for purpose. Stating that for the recent five applications in Wilton, one had provided no parking spaces and yet was approved, where as another development was refused for not supplying enough car parking spaces. He felt that there was no consistency.

Councillor Devine proposed approval in line with Officer Recommendation. This was seconded by Councillor Richard Britton.

The Committee discussed the application, noting that the courtyard was within the red line of the application site, however it had not been considered for parking as it was felt there would be safety issues associated with that.

It was queried how Highways had considered Wilton as an entirely sustainable location.

Resolved

That application 16/07563/FUL be APPROVED as per the Officers recommendation with 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) The development hereby permitted shall be carried out in accordance with the following approved plans:

Plan Reference: 1:1250 Scale Site Location Plan, received by this office 03/08/2016

Plan Reference: 1143-TP-11 Site Layout as proposed, received by this office 03/08/2016

Plan Reference: 1143-TP-06 Ground Floor Plan as proposed, received by this office 03/08/2016

Plan Reference: 1143-TP-07 First Floor Plan as proposed, received by this office 03/08/2016

Plan Reference: 1143-TP-08 Elevation/section (as proposed), received by this office 03/08/2016

Plan Reference: 1143-TP-09 Elevation/section (as proposed), received by this office 03/08/2016

Plan Reference: 1143-TP-10 Elevation/section (as proposed), received by this office 03/08/2016

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

(3) No development shall commence on site until the exact 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: 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, in the interests of visual amenity and the character and appearance of the area.

(4) 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 carried out and all of the following steps have been complied with to the satisfaction of the Local Planning Authority:

 Step (i)            A written report has been submitted to and approved by the Local Planning Authority which shall include details of the previous uses of the site for at least the last 100 years and a description of the current condition of the site with regard to any activities that may have caused contamination.  The report shall confirm whether or not it is likely that contamination may be present on the site.

 Step (ii)            If the above report indicates that contamination may be present on or under the site, or if evidence of contamination is found, a more detailed site investigation and risk assessment should be carried out in accordance with DEFRA and Environment Agency’s “Model Procedures for the Management of Land Contamination CLR11” and other authoritative guidance and a report detailing the site investigation and risk assessment shall be submitted to and approved in writing by the Local Planning Authority. 

 Step (iii)           If the report submitted pursuant to step (i) or (ii) indicates that remedial works are required, full details have been submitted to the Local Planning Authority and approved in writing and thereafter implemented prior to the commencement of the development or in accordance with a timetable that has been agreed in writing by the Local Planning Authority as part of the approved remediation scheme. On completion of any required remedial works the applicant shall provide written confirmation to the Local Planning Authority that the works have been completed in accordance with the agreed remediation strategy.

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 land contamination can be dealt with adequately prior to the use of the site hereby approved by the Local Planning Authority.

(5) No dwelling shall be occupied, until details of secure covered cycle parking, have been submitted to and approved in writing by the Local Planning Authority. These facilities shall be provided in accordance with the approved details prior to first occupation of the dwellings and shall be retained for use 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.

(6) 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 amenity, due to the proximity of other dwellings to the development site.

(7) 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), there shall be no additions to, or extensions or enlargements of any building forming part of the development hereby permitted.

REASON: In the interests of the amenity of the area and to enable the Local Planning Authority to consider individually whether planning permission should be granted for additions, extensions or enlargements.

(8) 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 windows, doors or other form of openings other than those shown on the approved plans, shall be inserted in the South East or South West elevations of the development hereby permitted.

REASON: In the interests of residential amenity and privacy.

INFORMATIVE: Dorset & Wiltshire Fire & Rescue

The applicant should be made aware of the letter received from Dorset & Wiltshire Fire & Rescue Service regarding advice on fire safety measures. This letter can be found on the application file which can be viewed on the council's website against the relevant application record.

INFORMATIVE: Private Property/Access Rights

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.

The applicant is advised to consider the third party comments re private rights and the developers should satisfy themselves/resolve matters before development commences. 

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.

INFORMATIVE TO APPLICANT: Community Infrastructure Levy

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. If the development is determined to be liable for CIL, a Liability Notice will be issued notifying you of the amount of CIL payment due. If an Additional Information Form has not already been submitted, please submit it now so that we can determine the CIL liability. In addition, you may be able to claim exemption or relief, in which case, please submit the relevant form so that we can determine your eligibility. The CIL Commencement Notice and Assumption of Liability must be submitted to Wiltshire Council prior to commencement of development.  Should development commence prior to the CIL Liability Notice being issued by the local planning authority, any CIL exemption or relief will not apply and full payment will be required in full and with immediate effect. Should you require further information or to download the CIL forms please refer to the Council's Website:

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