Agenda item

Planning Applications

To consider and determine planning applications in the attached schedule.

Minutes:

8.1 S/2009/0307 - Cross Keys,Fovant Salisbury

Public Participation:

Mr Barrett spoke in objection to the application

Mrs P Storey (applicant) spoke in support of the application

Mr Knowles (Fovant Parish Council) spoke in objection to the application

Resolved

That planning permission be GRANTED for the following reasons:

The proposed development is considered to be well designed resulting in a significant visual improvement to the existing building whilst providing a community use against which no demonstrable harm is evident. The proposal is considered to be in accordance with the aims and objectives of policies G1 Sustainable development, G2 Criteria for development, D3 Extensions, CN3 Character and setting of listed buildings, CN4 Change of use of listed buildings, CN8 development in conservation areas.

(1) The change of use hereby permitted and the construction of the extension 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 construction of the extension hereby permitted shall commence 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- G2 General Development Control Criteia D3 Design of Extensions

(3) No construction of the extension shall commence on site until a sample panel of stonework, not less than 1 metre square, has been constructed on site, inspected and approved in writing by the Local Planning Authority. The panel shall then be left in position for comparison whilst the development is carried out. Development shall be carried out in accordance with the approved sample.

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

POLICY-G2 General Development Control Criteria D3 Design of Extensions

(4) No external construction works shall commence on site until details of the design, external appearance and decorative finish of all railings, fences, gates, walls, bollards and other means of enclosure have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details prior to the development being brought into use

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

POLICY-G2 General Development Control Criteria

(5) No external construction works shall commence on site until details of all new or replacement external chimneys, flues, extract ducts, vents, grilles and meter housings have been submitted to and approved in writing by the Local Planning Authority. The works shall be carried out in accordance with the approved details.

REASON: In the interests of preserving the character and appearance of the listed building and its setting.

POLICY-CN5 Preservation of character and setting of Listed Buildings

(6) The external flue(s) shall be finished in a matt black colour and maintained as such thereafter.

REASON: In the interests of preserving the character and appearance of the listed building and its setting.

POLICY-CN5 Preservation of character and setting of Listed Buildings

(7) Upon the public house hereby permitted being brought into use, the residential accommodation provided on the first floor of the public house premises (illustrated on the plans DB901 Floor Plans Proposed First Floor), shall be occupied ancillary to the use of the building as a public house as a single planning unit and shall not be occupied at any time by any persons unconnected with the public house.

Reason; The Local planning Authority wish to ensure that the accommodation remains available for the approved use and in the interest of the amenity of the occupiers of the accommodation.

Policy -G2 General Development Control Criteria to avoid conflict between adjoining uses .

(8) Within 1 month of the date of this permission the access situated immediately to the east of the building shall be permanently stopped up for vehicular use in accordance with a scheme which shall have been submitted to and agreed in writing by the Local Planning Authority.

Reason: In the interests of highway safety.

Policy -G2 General Development Control Criteria

(9) The use as a public house, hereby permitted, shall not take place until details of the treatment of the boundaries with Cross Keys Cottage have been submitted to and approved in writing by the Local Planning Authority. Any tree screening, hedges, walls or fences thus approved shall be planted/erected in strict accordance with the approved details

Reason: in the interests of amenity and to avoid conflict with adjoining users of the car park.

Policy -G2 General Development Control Criteria

(10) No construction or demolition work shall take place on Sundays or public holidays or outside the hours of 8.00am to 6.00pm weekdays and 8.00 am to 1.00pm on Saturdays.

Reason: in the interests of the amenities of nearby residents.

Policy - G2 General Development Control Criteria

(11) The use as a public house, hereby permitted, shall not take place until measures to protect the adjoining residential property against noise from the public bar, and any ventilation plant, refrigeration motors, air conditioning or similar equipment have been installed in accordance with details that have been submitted to and approved in writing by the Local Planning Authority

Reason in the interests of the amenities of adjoining residents.

Policy G2 General Development Control Criteria

(12) The use as a public house, hereby permitted, shall not take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme for the control of odour and fumes from extractor fans, ventilation equipment or similar plant. Such a scheme as is approved shall be implemented to the satisfaction of the Local Planning Authority before any part of the public house development is brought into use.

Reason in the interests of the amenities of adjoining residents.

Policy G2 General Development Contriol Criteria

(13) The dwelling (identified on the plans as Cross Keys Cottage) shall not be occupied other than for purposes ancillary to the use of the site hereby permitted as a public house; as such its occupation shall be limited to a person solely or mainly employed in the said public house and any resident dependants and there shall be no subdivision of the single planning unit occupying the plot edged red on the plan hereby approved.

Reason: The proximity and configuration of the public house and the adjacent residential unit are such that if occupied independently, the occupiers of the dwelling would be liable to suffer an unacceptable level of noise and disturbance

Policy G2: General Development Control Criteria

INFORMATIVE

The applicant should be under no illusion that if statutory nuisance were to be shown to exist , The Department of Public Protection would be required by law to take action. The premise that because someone lives next to a pub they should accept unwarranted levels of disturbance is invalid.

INFORMATIVE:

The Developer is reminded of the requirement to protect the integrity of Wessex Water systems and agree prior to the commencement of works on site, any arrangements for the protection of infrastructure crossing the site. This should be agreed as early as possible and certainly before the developer submits to the council any building regulations application. The developer must agree in writing prior to the commencement of works on site, any arrangements for the protection of Wessex infrastructure crossing the site.

8.2 S/2009/1539 - 78 St. Marks Avenue Salisbury

Public Participation:

Mr Munns spoke in objection to the application

Mr Carrell spoke in objection to the application

Mr Browning spoke in objection to the application

Mr Bizzey (agent) spoke in support of the application

Resolved

That planning permission be GRANTED for the following reasons:

That SUBJECT TO

a) the applicant and any other relevant parties undertaking, under Section 106 of the principal act to pay a commuted sum towards open space; then this authority is minded to grant planning permission to the above application for the following reasons and subject to the following conditions:

b) If the applicant does not comply with (a) above the application is delegated to the Director of Development Services to refuse the proposal on non-compliance with Policy R2.

The principle of new residential development is acceptable within the Housing Policy Boundary and as the construction of four new dwellings would have no adverse impact on the character of the street scene and there would be no significant detrimental impact on surrounding amenities on balance the proposal is considered to be acceptable in accordance with the Salisbury District Local Plan.

And 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) Other than those approved by this permission, there shall be no other windows inserted in the dwellings hereby permitted.

REASON To ensure adequate privacy for the occupants of neighbouring premises.

POLICY G2 General criteria for development

(3) No development shall commence on site until the trees on the site which are to be retained have been enclosed by protective fencing, in accordance with British Standard 5837 (2005): Trees in Relation to Construction and the recommendations of the Aboricultural Impact and Method Statement report prepared by Barrell Tree Consultancy dated 29 September 2009. Before the fence is erected its type and position shall be approved with the Local Planning Authority and after it has been erected, it shall be maintained for the duration of the works and no vehicle, plant, temporary building or materials, including raising and or, lowering of ground levels, shall be allowed within the protected areas(s).

REASON: To enable the Local Planning Authority to ensure the protection of trees on the site in the interests of visual amenity.

POLICY G2 General criteria for development

(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) hard surfacing materials;

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

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

POLICY-G2 General criteria for development:

(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 G2 General criteria for development: CN17 Trees protected by Tree Preservation Orders

(6) During demolition and construction works, no machinery shall be operated, no process shall be carried out and no deliveries taken at or despatched from the site outside the following time 0800 to 1800 on Mondays to Saturdays and there shall be no activities/working on Sundays, Bank and Public Holidays.

REASON To avoid the risk of disturbance to neighbouring dwellings/the amenities of the locality during unsocial hours.

POLICY G2 General criteria for development

(7) No development approved by this permission shall commence until a scheme of water efficiency measures has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the agreed details.

REASON In the interests of sustainable development. Salisbury District Council's Supplementary Planning Guidance on "Achieving Sustainable Development" promotes the prudent use of natural resources. It is necessary to minimise the local demand for water to protect future supplies.

POLICY G5 Protection of water supplies

(8). Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any Order revoking or re-enacting or amending those Orders with or without modification), no development within Part 1, Classes A-C and Class E (extensions/enlargements/outbuildings) shall take place on the dwellinghouse hereby permitted or within its 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.

POLICY G2 and D2 Criteria for development

(9)The development hereby permitted shall not be first occupied until the first five metres of the

access measured from the edge of the carriageway has been consolidated and surfaced not

loose stone or gravel. The access shall be maintained as such thereafter

REASON In the interests of highway safety

POLICY G2 Criteria for development

(10) The gradient of the access way shall not at any point be steeper than 1 in 15 for a distance of

4 5 metres from its junction with the public highway

REASON In the interests of highway safety

POLICY G2 Criteria for development

(11)The proposed new access is directly affected by a residents parking scheme in St Marks Avenue The construction of the new access shall not take place until the relevant traffic regulation order has been revoked and remade to omit the new access width and the remade order implemented and completed

REASON In order to provide a safe access to the development

POLICY G2 Criteria for development

12 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any Order revoking or re-enacting or amending that Order with or without modification), the garages hereby permitted shall not be converted to habitable accommodation.

REASON: To safeguard the amenities and character of the area and in the interest of highway safety.

POLICY G2 Criteria for development

INFORMATIVE 1

DOCUMENT/PLANS SUBMITTED WITH THE APPLICATION

This decision relates to documents/plans submitted with the application, listed below. No variation from the approved documents should be made without the prior approval of this Council. Amendments may require the submission of a further application. Failure to comply with this advice may lead to enforcement action which may require alterations and/or demolition of any unauthorised buildings or structures and may also lead to prosecution.

Drawing reference 2397/7 received on 15 October 2009.

Drawing reference 2397/8 received on 15 October 2009.

Drawing reference 2397/9 received on 15 October 2009.

Drawing reference 2397/10 received on 15 October 2009.

INFORMATIVE 2

HIGHWAYS

The applicant should be advised to contact Paul Shaddock of the Salisbury Transportation Team on 01722 434671, who will design and co ordinate the traffic regulation order work, the cost of which will be borne by the applicant. The cost includes advertising the order changes, staff time, signs and road markings.

INFORMATIVE 3
ENVIRONMENTAL HEALTH

All plant and equipment should be suitably chosen, sited, operated and serviced so as to minimise noise, vibration, fumes and dust. Best practical means should be employed to minimise potential nuisance to neighbouring properties. All plant should be turned off when not in use.

Pneumatic tools should be fitted with an integral silencer and/or purpose made muffler, which is maintained in good repair.

In periods of dry weather, dust control measures should be employed including wheel washing and damping down. Any stockpiles of materials which are likely to give rise to windblown dust, shall be sheeted, wetted or so located as to minimise any potential nuisance.

Where the site is adjacent to residential or business premises, bonfires should be avoided, and all waste materials should be removed from site and suitably disposed of. At no time should any material that is likely to produce dark/black smoke be burnt (e.g. Plastics, rubber, treated wood, bitumen etc)

Radio noise should not be audible at the boundary of the nearest neighbouring property.

Any temporary oil storage tanks should be safely and securely sited so as to prevent pollution in the events of spills or leakage. It is also strongly recommended that any oil storage tank should be surrounded by an impervious oil/watertight bund having a capacity of at least 110% of the tank.

Neighbouring residential premises should be advised of any unavoidable late night or early morning working which may cause disturbance. Any such works should be notified to the Environmental Services Department on (01722) 434333 prior to commencement.)

8.3 S/2009/1343 - LowenvaShripple Lane Winterslow Salisbury

Public Participation:

Mr T Allen spoke in objection to the application

Mr R Henderson (agent) spoke in support of the application

Resolved

That planning permission be GRANTED against officer recommendation for the following reasons:

Members considered that due to the low traffic speeds and limited traffic numbers in this area, which mainly consists of local drivers accustomed to the road network, the scheme would be acceptable in highway terms. Members also reiterated the conclusions of the officer report that the scheme was acceptable in amenity terms and would not be harmful to the character of the area.

1. The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

REASON: To comply with the provisions of Section 92 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

2. An application for the approval of all of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

REASON: To comply with the provisions of Section 92 of the Town and Country Planning Act 1990.

3. No development shall commence on site until details of the following matters (in respect of which approval is expressly reserved) have been submitted to, and approved in writing by, the Local Planning Authority:

(a)The scale of the development;

(b)The layout of the development;

(c)The external appearance of the development;

(d)The landscaping of the site;

The development shall be carried out in accordance with the approved details.

REASON: The application was made for outline planning permission and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act 1990 and Article 3(1) of the Town and Country Planning (General Development Procedure) Order 1995.

4. No development shall take place until details of provision for recreational open space in accordance with Policy R2 of the Adopted Replacement Salisbury District Local Plan (June 2003) have been submitted to, and approved in writing by, the Local Planning Authority

Reason -

In order to comply with the requirements of Policy R2 of the Adopted Replacement Salisbury District Local Plan (June 2003).

POLICY: R2

5. Prior to the first occupation of the dwelling the proposed passing layby shall be constructed as shown on plan 08/1490/100 and maintained thereafter.

REASON: To ensure adaquate vehicular passing along The Shripple

INFORMATIVE:

1.This decision relates to documents/plans submitted with the application, listed below. No variation from the approved documents should be made without the prior approval of this Council. Amendments may require the submission of a further application. Failure to comply with this advice may lead to enforcement action which may require alterations and/or demolition of any unauthorised buildings or structures and may also lead to prosecution.

08/1490/100

8.4S/2009/0900 - Hazeldene Giles Lane Landford Salisbury

This item was deferred for a site visit and for further consideration of the New Forest and other comments and concerns.

8.5/8.6 S/2009/1704 and S/2009/1705 - High House,Lower Chicksgrove,

These applications were considered as one item.

Public Participation:

Mr P Proctor (agent) spoke in objection to the application

Mr R Cordle spoke in objection to the application

Mr D Vigors spoke in objection to the application

Resolved

That planning permission be GRANTED against officer recommendation for the following reasons:

S/2009/1704

The proposed development would enhance the listed building, particularly as the works relate to the more modern parts of the building. The design is therefore acceptable in accordance with policy CN3 (listed buildings), and would not have an adverse impact on the surrounding Housing Restraint Area of the landscape of the AONB.

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 a schedule of details and samples of the external materials to be used in the walls and roofs of the proposed development, 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 listed building and surrounding area.

POLICY- CN3 (Listed Buildings), H19 (Housing Restraint Areas) & C5 (Landscape Conservation)

3. Development shall be carried out in strict accordance with the Mitigation and Method Statement provided in the Biodiversity Survey/Assessment report produced by Fieldwork Ecological Services Ltd (section 10), dated 30.11.09 as updated by the additional report dated 08.01.2010.

Reason - To mitigate against adverse impacts on protected species (bats)

Policy - C12 (Nature Conservation)

INFORMATIVE

Plan Ref 4408/5B. Date Received 13.11.09

Plan Ref 4408/2B. Date Received 13.11.09

Plan Ref 4408/3. Date Received 13.11.09

Plan Ref 4408/6. Date Received 13.11.09

Document Ref Biodiversity Survey/Assessment Reoprt produced by Fieldword Ecology Services Ltd (updated report). Dated 08.01.2010

S/2009/1705

1. The works for which Listed Building Consent is hereby granted shall be begun before the expiration of three years from the date of this consent.

REASON: To comply with the provisions of Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

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

POLICY- CN3 (Listed Buildings)

3. No development shall commence on site until large scale drawn details (to include horizontal and vertical sections for the oriel window) of the proposed eaves and oriel window, 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 listed building.

POLICY- CN3 (Listed Buildings)

INFORMATIVE

Plan Ref 4408/5B. Date Received 13.11.09

Plan Ref 4408/2B. Date Received 13.11.09

Plan Ref 4408/3. Date Received 13.11.09

Plan Ref 4408/6. Date Received 13.11.09

8.7 S/2009/1537 - Ware Farm,Benn Lane, Farley

Public Participation:

Mr N Lilley (Farley parish Council) spoke in objection to the application

Resolved

That planning permission be GRANTED for the following reasons:

The proposed development accords with the provisions of the Development Plan, and in particular policies G1 & G2 (General Criteria), CN8 & CN11 (Conservation Areas), C2 (The Rural Environment) & C6 (Landscape Conservation) of the saved policies of the adopted local plan, insofar as the proposed polytunnel is considered appropriate in terms of its scale, design and materials, would not unduly affect the amenity of neighbours, and would not adversely affect the existing character of the conservation area or the landscape of the surrounding Special landscape Area.

1. The development hereby permitted shall not be used for any industrial, business or other commercial use/purpose.

REASON: To allow the local planning authority to retain control over the use of the site in the interests of the appearance of the site and the amenities of the area.

POLICY- G1 & G2 (General Criteria), C2 (The Rural Environment), C8 (Conservation Areas) & C6 (Landscape Conservation)

2. The polytunnel and hardstanding/base hereby permitted shall be removed, and the land restored to its former condition, on or before 01.02.2013 in accordance with a scheme of work submitted to and approved in writing by the Local Planning Authority.

REASON: In the interests of amenity, in order to secure the restoration of the land upon removal/extinguishment of a building/use for which permission can be justified only on temporary basis.

POLICY - CN8 (Conservation Areas) & C6 (Special Landscape Area)

Officer Note: An agreed note showing the condition of the site should be attached to a permission granted subject to this condition.

INFORMATIVE

Plan Ref Side Elevations. Date Received 12.10.09

Plan Ref Floor Plan. Date Received 12.10.09

Plan Ref End Elevations. Date Received 12.10.09

Plan Ref Block Plan. Date Received 12.10.09

8.8S/2009/1784 - Frickers Barn Sutton Mandeville Salisbury

Resolved

That planning permission be GRANTED for the following reasons:

REASONS FOR APPROVAL:

The proposed loose boxes and store/tack room is considered on balance to be acceptable in terms of scale design and impact on amenities for the reasons outlined above and as such in accordance with the provisions of the Development Plan, and in particular Policies G2, D3, C5 of the adopted Salisbury District Local Plan.

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 keeping of horses shall be restricted to the red line of the application site only. The surrounding land shall remain as agricultural use.

REASON: To retain the agricultural unit to which the agricultural dwelling relates

INFORMATIVE:

Elevations received on 30/11/09

Floor plan received on 30/11/09

Site location plan received on 30/11/09

Supporting documents: