Agenda item

PL/2023/04681: 5 Studley Gardens, Studley, Calne, SN11 9FR

Relocation of garden fence.



Public Participation

Mr Armstrong spoke in support of the application.

Cllr Ioan Rees of Calne Without Parish Council spoke in objection of the application.


Officers from the Development Management Area Team introduced the report which recommended that the Committee grant planning permission, subject to conditions, for the relocation of the existing 1.8-metre-tall fencing to a position some 2.0m from the edge of the private drive, thereby moving part of the incidental grass strip into the private garden area. The fence is to be moved out approximately 0.8m resulting in approximately 1.3m of hedging remaining. Some of the shrubbery/hedging will be removed, with the two ornamental trees remaining.


Key considerations identified included the principle of development, design and scale, impact on residential amenity and highways and parking issues. Attention was drawn to the representation from Calne Without Parish Council, concerned over the potential impacts on both the listed buildings and the wider area.


Members of the Committee then had the opportunity to ask technical questions to the officer.


It was clarified that the ownership of the land belonged to the applicant. The trees situated near the fence would remain outside it and any landscaping conditions would have long since expired. It was explained that Highways would still involve themselves in private road matters but had no objections to this application.


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


A debate followed where the progress made in discussions between the applicant and the Parish Council was discussed and the potential impact on the nearby trees from moving the fence.


During debate a motion to grant was moved by Cllr Nic Puntis and seconded by Cllr Gavin Grant. An amendment was put forward to condition the protection of the nearby trees, however this was withdrawn.




That planning permission be granted subject to the following conditions and informatives:




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:

Existing Site Block Plan

Proposed Site Block Plan (Received by LPA 12th June 2023)

Site Location Plan (Received by LPA 22nd June 2023)

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


3. The materials to be used in the construction of the external surfaces of the development hereby permitted shall match in material, colour and texture those detailed on the approved drawings and application form.


REASON: In the interests of visual amenity and the character and appearance of the area.




4. The applicant should note that the grant of planning permission does not include any separate permission which may be needed to erect a structure in the vicinity of a public sewer. Such permission should be sought direct from Thames Water Utilities Ltd / Wessex Water Services Ltd. Buildings are not normally allowed within 3.0 metres of a Public Sewer although this may vary depending on the size, depth, strategic importance, available access and the ground conditions appertaining to the sewer in question.


5. 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.


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.


6. Please note that Council offices do not have the facility to receive material samples. Please deliver material samples to site and inform the Planning Officer where they are to be found.


7. Any alterations to the approved plans, brought about by compliance with Building Regulations or any other reason must first be agreed in writing with the Local Planning Authority before commencement of work.


8. 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.


Supporting documents: