Agenda item

Change of use of existing annex to a standalone residential dwelling (Use Class C3).

Steven Sims, Senior Planning Officer, presented the report and highlighted that an additional late representation had been received with regard to parking enforcement, however it was noted that this letter raised nothing new and that the relevant matter was covered within the report.

It was noted that the application had been deferred from the previous meeting of the Committee pending additional information alongside a site visit which occurred on the morning of the meeting, 16 February 2022. The Case Officer clarified that the main property had three bedrooms, not four, which had been previously reported at the January Committee meeting, and that there was one bedroom within the annex. It was highlighted that an additional condition (no.4), as referenced on Page 27 of the Agenda Pack had been added and was recommended by officers following further discussions held with the Council’s Highways Officer.

Key issues highlighted included: the principle of development; impact on heritage assets; impact on the amenity of neighbouring residents; highways/parking issues; and drainage issues.

Members of the Committee had the opportunity to ask technical questions to the officer. The main points of focus included: the recommended condition to retain the integral garage within the subject building for garaging/storage purposes and not allow it to be converted to habitable accommodation; the appropriateness of removing the additional Class A permitted development rights; and the enforceability of conditions.

In response, Planning Officers clarified that an additional planning condition removing Class A permitted development rights to ensure the property maintained adequate car parking provision would be reasonable given the site circumstances. When asked about condition breaches, it was explained that there was always a risk of conditions being breaches, however if reported, breaches would be investigated by the Planning Enforcement Team, but it was explained that planning enforcement was a discretionary service and taking formal enforcement action must first be in the public interest.

Thereafter, Councillor Bill Parks, Vice-Chairman, moved the officer recommendation as detailed in the report with the addition of a condition to remove Class A permitted development rights.

During the debate Members discussed the benefits and clarity that the site visit had provided.

At the conclusion of the debate, a vote was taken on the motion for approval. Following which, it was:

Resolved

The Committee APPROVED the application as per the officer’s recommendations 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.    The development hereby permitted shall be carried out in accordance with the following approved plans:
Site location and block plan scale 1:1250 and 1:500
Plans and elevations scale 1:100 drg no. 219003/02c

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

3.    The parking spaces shown on the approved plans (Site Block Plan) shall be maintained for parking purposes only thereafter.

REASON: In the interests of highway safety.

4.    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.3) (England) Order 2020 (or any Order revoking or re-enacting or amending that Order with or without modification), the
integral garage/store within the floor plan of the subject property shall not be converted to habitable accommodation.

REASON: To secure the retention of adequate parking provision, in the interests of highway safety.

5.    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England)Order 2015 (or any Order revoking or re-enacting or amending those Orders with or without modification), no development within Part 1, Class A shall take place on the dwelling house hereby permitted or within the curtilage.

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.

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

Councillor Ernie Clark departed the meeting as a Member of the Committee.