Agenda item

The following people spoke against the proposal:

 

Mr Ian Storey, representing Corsham Chamber of Commerce

Mr Alan Williams, ING Real Estate

Mr John Clark, Chairman of Chippenham Vision Board

 

The following person spoke in favour of the proposal:

 

Mr Craig Blatchford, the agent

 

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  She introduced the report from which it was noted that the application had been deferred from the meeting of the Committee held on 20 April 2011 to allow Officers to consider recent retail decisions at Peterborough and Gateshead and was subsequently deferred again at the Committee meeting on 1 June 2011 to allow the Council to seek Counsel’s advice on particular issues raised by third party objectors.  She also drew Members’ attention to the late items.  In the light of all the advice and information received, the report continued to recommend that the application be granted subject to conditions.

 

Members of the Committee then had the opportunity to ask technical questions after which the Committee received statements from members of the public as detailed above, expressing their views regarding the planning application.

 

After discussion,

 

Resolved:

 

To grant planning permission for the following reason:

 

In determining this application the Council must take into account the existing permitted use of the site - That is 3315sqm of ground floor, 200 sqm mezzanine with 1,320sqm of external retail space = 4835 sqm. No conditions on the original approval placed any restriction on the goods to be sold other than it should only be for non food; there was no restriction on subdivision nor on adding (permitted development size) mezzanines.

 

The proposal, whilst involving demolition and rebuilding, will actually result in a retail floor area of less than the existing store plus its permitted "additions" and this figure includes taking out the external retail floor area (barring 60 sqm), which has an open retail use. The units will essentially be turned to face the car park and there will be 3 of them with their own entrances. The profile of the building will change, but the revisions are considered to enhance the scheme's appearance.

 

The existing store is only restricted from selling food (other than confectionary), so whilst the fears about impact on the town centre are understood, it is not considered reasonableto further condition to restrict what can be sold. One of the tests of Circular 11/95 is that conditions should be reasonable. It is considered that with the amendments that the agent has made in terms of floor area, the proposal is compliant with policy C3 of the North Wiltshire Local Plan 2011 and advice in PPS4 Planning for Sustainable Economic Growth.

 

 

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 on site until 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: In the interests of visual amenity and the character and appearance of the area.

 

POLICY-C3

 

3)    The proposed units shall not be used for the sale of food other than confectionery, ancillary to the main use, without the prior grant of planning permission in that respect.

 

Reason: In the interests of protecting the vitality and viability of the town centre.

 

4)    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:

 

(a) indications of all existing trees and hedgerows on the land;

(b) details of any to be retained, together with measures for their protection in the course of development;

(c) all species, planting sizes and planting densities, spread of all trees and hedgerows within or overhanging the site, in relation to the proposed buildings, roads, and other works;

(d) finished levels and contours;

(e) means of enclosure;

(f) car park layouts;

(g) other vehicle and pedestrian access and circulation areas;

(h) hard surfacing materials;

(i) minor artefacts and structures (e.g. furniture, play equipment, refuse and other storage units, signs, lighting etc);

(j) proposed and existing functional services above and below ground (e.g. drainage, power, communications, cables, pipelines etc indicating lines, manholes, supports etc);

(k) retained historic landscape features and proposed restoration, where relevant.

 

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

POLICY-C3

 

5)    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.

 

POLICY-C3

 

6)    Prior to any development taking place a tree protection plan showing root protection areas for retained trees; routes of protective tree fencing; specification of protective fencing; construction exclusion zones in accordance with ‘BS 5837:2005 Trees in relation to construction- recommendations’ shall be submitted and approved in writing by the Local Planning Authority. The agreed methodology shall be implemented during the duration of the proposed construction phase of the development permitted.

 

Reason: To protect retained trees during construction.

 

Prior to any development taking place an arboricultural method statement shall be submitted to and approved in writing by the local planning authority for the excavation w: In the interests of visual amenity and the character and appearance of the area.

 

POLICY-C3

 

7)    The proposed units shall not be used for the sale of food other than confectionery, ancillary to the main use, without the prior grant of planning permission in that respect.

 

Reason: In the interests of protecting the vitality and viability of the town centre.

 

8)    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:

 

(a) indications of all existing trees and hedgerows on the land;

(b) details of any to be retained, together with measures for their protection in the course of development;

(c) all species, planting sizes and planting densities, spread of all trees and hedgerows within or overhanging the site, in relation to the proposed buildings, roads, and other works;

(d) finished levels and contours;

(e) means of enclosure;

(f) car park layouts;

(g) other vehicle and pedestrian access and circulation areas;

(h) hard surfacing materials;

(i) minor artefacts and structures (e.g. furniture, play equipment, refuse and other storage units, signs, lighting etc);

(j) proposed and existing functional services above and below ground (e.g. drainage, power, communications, cables, pipelines etc indicating lines, manholes, supports etc);

(k) retained historic landscape features and proposed restoration, where relevant.

 

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

POLICY-C3

 

9)    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.

 

POLICY-C3

 

10)Prior to any development taking place a tree protection plan showing root protection areas for retained trees; routes of protective tree fencing; specification of protective fencing; construction exclusion zones in accordance with ‘BS 5837:2005 Trees in relation to construction- recommendations’ shall be submitted and approved in writing by the Local Planning Authority. The agreed methodology shall be implemented during the duration of the proposed construction phase of the development permitted.

 

Reason: To protect retained trees during construction.

 

11)Prior to any development taking place in the root protection area of Poplar Trees T1 and T2 as identified within ‘Quaife Woodland Arboricultural Survey AR/2299/ci-amended 31^st January 2011’ and for the proposed route for the outflow pipe from the surface water cellular storage tank. The development shall be carried out in accordance with the approved methodology.

 

Reason: To safeguard the trees identified for retention for public visual amenity.

 

12)The total retail sales space (including any mezzanines the development hereby permitted shall not exceed 3,375 sqm.

 

Reason: To define the permission.

 

13)The development hereby permitted shall not be sub-divided to create more than 3 separate units and no individual unit shall be less than 850sqm. In floor area.

 

Reason: To protect the vitality and viability of the town centre.

 

14)The entrance gates to the development will be kept closed outside the hours of operation of the units.

 

Reason:  In the interests of the amenity of the area and to minimise the potential for anti-social behaviour in relation to the site and its surroundings.