Change of use with external alterations and extensions to convert a Class E use to form 6 apartments.
Minutes:
Public Participation
Andy Melleney spoke in objection to the Application
Tony Allen (Agent) spoke in support of the Application
Late correspondence was summarised at the meeting and included letters of support.
The Senior Planning Officer
Georgina Wright presented the application for change of use with external alterations and extensions
to convert
a Class E use to form 6 apartments.
The unusual nature of the site was noted. It was a former Citizen Advice Bureau and was sited to the immediate back of a number of residential properties and had recently received prior approval under Class MA of the Town & Country Planning (General Permitted Development)(England) Order 2015, for its conversion from offices to 6 flats.
It was explained that this full application now involved a similar conversion of the building into 6 flats but involved alterations to the external finish; extensions to allow internal layout changes so that 4 of the resultant flats would be one bedroom flats rather than studio flats; each flat was to have their own private entrance; and changes were proposed to all existing fenestration, including the removal of all windows on the northern elevation. It was noted that parking provision of 2 spaces, one each for the two bed flats is to be provided.
The application was recommended for Approval with conditions, as set out in the report attached to the agenda.
Material considerations noted in the report were:
Members then had the opportunity to ask technical questions of the Officer,
where it was clarified that future residents would not be entitled to an on-street parking permit as the area was already over subscribed to permits. Highways had restricted on street highways permits for this development, as there was easy access to the city centre.
The Officer noted that if the application was refused, the existing permissions would remain valid and so the applicant could still convert the building into 6 flats; redevelop the site with a bungalow; or it could be used again as offices.
Members of the public as detailed above, then had the opportunity to speak on the application. The main points touched on the effect the development would have on the neighbouring properties, limited light to the development, the requirement for major groundworks and the access to the site and the accessibility issues for waste collection and emergency services.
In response to the comments of those in objection regarding car parking, drainage and construction noise, the Agent noted that the site already had permission to build 6 flats with 2 parking spaces.
To refuse on Highways or overdevelopment grounds would fail to take into account the fall back prior approval. This scheme would see improvements to the quality of materials and the type/size of flats that could be built under the prior approval consent.
The two storey windows facing the back of park street would also be removed compared with the approved permission, thus removing overlooking windows.
Local Member, Cllr Paul Sample, who was not on the Committee, spoke to the application noting the correspondence he had received from those involved.
He suggested that having 6 flats on the site was similar to sardines in a tin, with a proposal developed to meet the needs of the developer rather than the neighbours.
He drew attention to the objection of Salisbury City Council and stated that the development was overdevelopment of a narrow and hemmed in location which would lack opportunity for residents to have any sort of view, in addition to the limited parking on site and no residential on street parking entitlement.
No provisions had been made for deliveries, or for bin collection or parking.
He referred to the requirement that the application must consider the transport impact and with 6 flats with only 2 spaces and no on-street entitlement, this was not achieved.
There was no adequate natural light and no disability access available, as the walkway was not wide enough to get past.
He asked the Committee to refuse the application before them, or to consider deferral to relook at overlooking.
The Chairman noted that the application for consideration was for changes to already approved flats.
The Officer confirmed and noted that the two parking spaces had been supported by Highways due to the sustainable location and that all of the windows already existed, so could not be refused on overlooking. Bin storage was planned in front of the 2 parking spaces and could be conditioned should the committee wish.
Cllr Hocking moved the motion of Approval in line with Officer recommendation.
This was seconded by Cllr Kevin Daley
The Committee was invited to discuss the application, the main points included that the concerns raised would also apply to the already approved permission for 6 flats, should the current application be approved and that the amendments appeared to result in a superior scheme than was originally approved.
Issues with the loss of fenestration due to the bathrooms being on the north eastern elevations, meant that there would be no natural ventilation for them. The suggestion of windows with obscured glazing was made to aid with light and ventilation.
The hours of use would change and may impact on the neighbouring residents. The flats would provide much needed small scale accommodation with easy access to the city.
The option to add an informative if approved, relating to the provision of electric charge points at the parking spaces and solar panels on the roofs.
The application as presented probably would not be approved as a new building, however it would be an improvement on what was in place currently and what already had approval.
After discussion, the Committee voted on the motion of Approval, as per the Officer recommendation.
It
was;
Resolved:
That application PL/2022/01972 be Approved subject to the following conditions:
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:
Application Form & Certificate
Ref: 1344/01 Rev M – Proposed Floor Plans. Received –
06.05.2022
Ref: 1344/02 Rev C – Location and Block Plan. Received
– 08.03.2022
Ref: 1344/05 Rev D – Proposed Elevations. Received –
08.03.2022
REASON: For the avoidance of doubt and in the interests of proper planning
3 No development shall continue above slab level on
site until the exact details and samples of the materials to be
used for the external walls (including render colour) and roofs
have been submitted to and approved in writing by the Local
Planning Authority.
Notwithstanding the approved plans, the mono pitch roofs on the
building shall be finished with a slate or tile material.
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 The dwelling hereby approved shall not be occupied until the Building Regulations Optional requirement of maximum water use of 110 litres per person per day has been complied with.
REASON: To avoid any adverse effects upon the integrity of the
River Avon Special Area of Conservation
5
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 the following:
• location and current canopy spread of all existing trees and
hedgerows on the land;
• full details of any to be retained, together with measures
for their protection in the
course of development;
• a detailed planting specification showing all plant species,
supply and planting sizes
and planting densities;
• finished levels and contours;
• means of enclosure and boundary treatment;
• car parking layouts;
• other vehicle and pedestrian access and circulation
areas;
• all hard and soft surfacing materials;
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 a satisfactory landscaped setting for the development and the protection of existing important landscape features.
6 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 and the protection of existing important landscape features.
7
No development shall commence on site
until details of secure covered cycle parking and bin storage have
been submitted to and approved in writing by the Local Planning
Authority. The submitted cycle parking details shall accord with
dimensions, access,
location, design and security principals laid out in Appendix 4 of
Wiltshire’s LTP3 Cycling Strategy. These facilities shall
thereafter be provided in accordance with the approved details and
made available for use prior to the first occupation of the
development hereby permitted and shall always be retained for use
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 and to ensure appropriate storage facilities for
bin/waste management.
8
No part of the development hereby
approved shall be first occupied until enough space for the parking
of 2 vehicles; together with a vehicular access thereto; onsite
turning provision; and 6 cycle parking spaces have been provided
and laid out in accordance with the approved details. The parking
spaces shall not be used other
than for the parking of vehicles in perpetuity. The approved
turning area shall always thereafter be retained and kept clear of
obstruction.
REASON: To ensure that adequate provision
is made for parking and turning within the site in the interests of
highway safety; and to encourage travel by means other than the
private car
9 No development shall commence on site (including any works of demolition), until a Construction Management Statement (CMS), together with a site plan, which shall include the following:
1. the parking of
vehicles of site operatives and visitors;
2. loading and unloading of plant and materials;
3. storage of plant and materials used in constructing the
development;
4. the erection and maintenance of security hoarding including
decorative displays and facilities for public viewing, where
appropriate;
5. wheel washing facilities;
6. measures to control the emission of dust and dirt during
construction;
7. a scheme for recycling/disposing of waste resulting from
demolition and construction works; and
8. measures for the protection of the natural environment.
9. hours of construction, including deliveries;
10. pre-condition photo survey has been submitted to, and approved
in writing by, the Local Planning Authority. The
approved CMS shall be adhered to throughout the construction
period.
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 minimise detrimental
effects to the neighbouring amenities, the amenities of the area in
general, detriment to the natural environment through the risks of
pollution and dangers to highway safety, during the construction
phase.
10 Any gates shall be
set back 4.5 metres from the edge of the carriageway, such gates to
open inwards only, in perpetuity.
REASON: In the interests of highway safety
11
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
north eastern or south western elevation of the development hereby
permitted.
REASON: In the interests of residential amenity and
privacy
12 Before flat 6 hereby
approved is first occupied, full details of the external staircase
thereto, including details of screen walls and/or fences at least
1.7 metres above ground/stair tread level along the north eastern
boundary, shall be submitted to and agreed in writing by the Local
Planning Authority. The agreed details shall be implemented in full
prior to occupation of flat 6 and shall be retained and maintained
in
perpetuity.
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 neighbouring amenities.
13 No development shall
commence on site until an ecological mitigation plan has been
submitted to and agreed in writing by the Local Planning Authority,
in line with and to address the issues raised/recommendations made
in the Ecological Appraisal Report
(Hampshire Ecological Services, October 2020) (submitted to
accompany planning permission 20/04337/OUT). Prior to the first
occupation of the development hereby approved, the approved
mitigation measures shall be implemented in full on site in
accordance with the approved details and shall be retained and
maintained in place in perpetuity.
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 ecology
and protected species
14 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 has
been 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.
15
No construction or demolition work
shall take place on Sundays or Bank or Public Holidays; or outside
the hours of 08:00 to 18:00 Monday to Friday; and 08:00 to 13:00 on
Saturdays.
REASON: In the interests of neighbouring residential
amenities
16
No development hereby approved shall
commence on site until an asbestos management plan has been
submitted to and approved in writing by the local planning
Authority. The plan shall detail how any asbestos on site will be
handled and disposed of in accordance with current regulations and
guidance. The development shall be
implemented 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, and to ensure
that risks from
land contamination to the future users of the land and neighbouring
land are minimised, together with those to controlled waters,
property and ecological systems, and to ensure that the development
can be carried out safely without unacceptable risks to workers,
neighbours and other offsite receptors.
17
No development hereby approved shall
commence on site until full details of the proposed solar panels
and the 2 electric charging points have been submitted to and
agreed in writing by the Local Planning Authority. The solar panels
and electric charging points shall be implemented in accordance
with the agreed details prior to the flats being first occupied and
shall be retained/maintained in accordance with the manufacturer
details in perpetuity.
REASON: To respond to
climate change and encourage renewable and low carbon
development
Informatives:
1 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
2 Please note that the proposed drainage strategy will be
considered at the building regulation stage and has not been
assessed as part of this planning application. The
applicant’s attention is drawn to the comments made by the
Council’s Drainage Officer and Wessex Water in response to
this planning application, both of which contain details
that will need to be resolved in order to achieve an acceptable
drainage strategy for the site. Please note that should changes be
required to the final approved scheme in order to achieve a
satisfactory drainage strategy for the site, this may require the
submission of a revised/amended scheme to be considered by the
Local Planning Authority accordingly
Supporting documents: