Agenda item

Public Participation

 

Ms Jennifer Dunthorne spoke in objection to the application.

Mr Bev Barnes spoke in objection to the application.

Ms Emma Porch spoke in objection to the application.

Mr Andrew Lowkis spoke in objection to the application.

Ms Julie Adams, spoke in support of the application.

Mr Dale Evans, agent, spoke in support of the application.

Cllr Caroline Ramsey, Calne Town Council, spoke in objection to the application.

 

 

Cllr Anthony Trotman stepped down from the Chair and left the Chamber for the duration of the item because of his stated prejudicial interest as detailed in Minute No. 100. Cllr Peter Davis was elected as Chairman for the duration of the item.

 

The Committee received a presentation by the Planning Officer detailing the main issues in respect of the application, including the impact of light and noise on local residents and the impact on other leisure facilities, and recommended that planning permission be granted subject to the imposition of planning conditions. Attention was also drawn to the late observations provided with the report.

 

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

 

After discussion,

 

Resolved:

 

That Planning Permission be GRANTED for the following reason:

Whilst acknowledging the shift from the present condition of the site as a green field to built form, it is considered that the proposal would involve limited new building that would be well related to an existing building.  As such the proposal is of an appropriate form, scale and appearance and would comply with the requirements of Policies C3, C4, BD5 and NE15 of the adopted North Wiltshire Local Plan 2011 and national planning guidance in PPS4.

 

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 materials to be used in the construction of the external surfaces of the development hereby permitted shall match in material, colour and texture those used in the existing building.

 

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

 

POLICY-C3

 

3. The level of noise emitted from the site shall not exceed a Rating level of 45 dB (1hr)(i.e. LAeq(1hr) and free from acoustic features) between 0700 and 2300 hrs Monday to Saturday and a Rating level of 35 dB(5 mins) (i.e. LAeq (5 mins) 35 dB and free from acoustic feature) at any other time as measured on all boundaries of the site at any position where the boundary is contiguous with any part of the curtilage of a residential property.

 

Reason: In the interests of protecting the amenity of residents.

 

4. Prior to the commencement of the development of each building hereby permitted, details of the following matters (in respect of which approval is expressly reserved) shall be submitted to, and approved in writing by, the local planning authority:

 

(1)  walls, fences, gates and other means of enclosure;

(2)  ground surfacing materials;

(3)  finished floor levels of all buildings;

(4)  finished levels across the site;

(5)  the make, type and colour of all external materials to be used;

 

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

 

Reason:  In the interests of amenity and satisfactory layout.

 

5. No development shall commence on site until a Green Travel Plan has been submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall include details of implementation and monitoring and shall be implemented in accordance with these agreed details. The results of the implementation and monitoring shall be made available to the Local Planning Authority on request, together with any changes to the plan arising from those results.

 

REASON: In the interests of road safety and reducing vehicular traffic to the development.

 

POLICY-C3

 

6. No part of the development hereby approved shall be first brought into use until the parking area shown on the approved plans has been consolidated, surfaced and laid out in accordance with the approved details. This area shall be maintained and remain available for this use at all times thereafter.

 

REASON: To ensure that adequate provision is made for parking within the site in the interests of highway safety.

 

POLICY-C3

 

7. No development shall commence on site until details of secure covered cycle parking and changing and shower facilities have been submitted to and approved in writing by the Local Planning Authority.  These facilities shall 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 be retained for use at all times 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.

 

POLICY-C3

 

8. The site and building shall be used for football pitches, ancillary gymnasium, children’s play centre and other activity purely ancillary to the operation of the site and building for the identified use hereby granted planning permission and for no other purpose whatsoever (including any other purpose in Class D2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended by the Town and Country Planning (Use Classes) (Amendment) (England) Order 2005, (or in any provisions equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification).

 

REASON:  The proposed use is acceptable but the Local Planning Authority wish to consider any future proposal for a change of use having regard to the circumstances of the case and its potential impact upon the amenities of the nearby residential properties.

 

9. No materials, goods, plant, machinery, equipment, finished or unfinished products/parts of any description, skips, crates, containers, waste or any other item whatsoever shall be placed, stacked, deposited or stored outside any building on the site without the prior approval in writing of the Local Planning Authority in the form of a separate planning permission in that regard.

 

REASON:  In the interests of the appearance of the site and the amenities of the area.

 

10. No further external lighting shall be installed on site whatsoever unless otherwise agreed in writing with the Local Planning Authority in the form of a separate planning permission in that regard.

 

REASON: In the interests of the amenities of the area and to minimise unnecessary light spillage above and outside the development site.

 

11. No development shall commence on site until a scheme for the discharge of surface water from the extended building and site, incorporating sustainable drainage details, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be first brought into use/first occupied until surface water drainage has been constructed in accordance with the approved scheme.

 

REASON: To ensure that the development can be adequately drained.

 

12. No development shall commence on site until details of the works for the disposal of sewerage from the site and extended building has been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be first occupied until the approved sewerage details have been fully implemented in accordance with the approved plans.

 

REASON: To ensure that the proposal is provided with a satisfactory means of drainage.

 

13. (a) No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the prior written approval of the Local Planning Authority. Any topping or lopping approved shall be carried out in accordance with British Standard 3998 (Tree Work).

 

(b)          If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species and shall be planted at such time, as may be specified in writing by the Local Planning Authority.

(c)          No equipment, machinery or materials shall be brought on to the site for the purpose of the development, until a scheme showing the exact position of protective fencing to enclose all retained trees beyond the outer edge of the overhang of their branches in accordance with British Standard 5837 (2005): Trees in Relation to Construction, has been submitted to and approved in writing by the Local Planning Authority, and; the protective fencing has been erected in accordance with the approved details. This fencing shall be maintained until all equipment, machinery and surplus materials have been removed from the site.  Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the prior written consent of the Local Planning Authority.

 

In this condition “retained tree” means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) above shall have effect until the expiration of five years from the first occupation or the completion of the development, whichever is the later.

 

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

 

POLICY-C3

 

14. No development shall commence on site until details showing ventilation and extraction equipment within the site (including details of its position, appearance and details of measures to prevent noise emissions) have been submitted to and approved in writing by the Local Planning Authority.  The ventilation/extraction equipment shall be installed prior to the building/extension hereby approved is first occupied and shall thereafter be maintained in accordance with the approved details.

 

REASON:  In the interests of the amenities of the area.

 

POLICY-C3

 

15.  The change of use hereby permitted shall be implemented in complete accordance with plans relating to “Building A” granted planning permission under reference 02/01280/FUL.  The extant and as yet unbuilt extensions to the building subject to this application  shall be constructed strictly in accordance with the relevant plans approved under reference 02/01280/FUL unless otherwise agreed in writing with the Local Planning Authority in the form of a separate planning permission in that regard.

 

Reason:  To define the parameters of the planning permission for the avoidance of doubt.

 

16. The use hereby permitted shall only take place between the hours of 09:00hrs – 19:00hrs

 

REASON:  To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

 

POLICY-C3

 

17. Notwithstanding that shown on the submitted plans, there shall be no further doors, windows or any other form of opening inserted into the western or southern elevation of the extended building (ie. the complete building including the additional floorspace yet to be constructed) whatsoever unless otherwise agreed in writing with the Local Planning Authority in the form of a separate planning permission in that regard.

 

Reason:  For the avoidance of doubt and so as to ensure the amenity of neighboring residents is not adversely affected by the proposal.

 

18.  Prior to the first use of the building or site for the permitted purpose, a 2.0m high close boarded acoustic fence shall be erected in a position immediately around the entire bank of new parking spaces outside of the proposed child play centre element of the proposal.

 

Reason:  In the interests of securing a form of development that will not cause an unacceptable impact upon the amenities of the neighbouring residential occupiers.

 

19. Prior to the first use of the building or site for the uses hereby granted planning permission, a detailed scheme for the fitment of additional insulation inside of the walling of the existing building as well as the un-built extension, so as to achieve a further reduction of 10dB over and above that reduction in noise associated with the existing/permitted walling materials, shall have been submitted to and agreed in writing by the Local Planning Authority.  The development and uses hereby permitted shall only commence once that scheme for the fitment of additional insulation, so agreed, has been implemented in full.

 

Reason:  In the interests of securing a form of development that will not cause an unacceptable impact upon the amenities of the neighbouring residential occupiers.

 

20.  Unless in connection with an emergency, at no time shall any windows, doors or any other opening be open whilst any football or child play activity hereby permitted is carried out in the building.

 

Reason:  In the interests of securing a form of development that will not cause an unacceptable impact upon the amenities of the neighbouring residential occupiers.

 

21.  Prior to the first use of the building for the uses hereby granted planning permission, and in complete accordance with the submitted letter dated 5th October 2011, full details of the proposed boarding and netting to be installed around the perimeter of the proposed football pitches, so as to stop balls hitting the inside walls of the building, shall have been submitted to and approved in writing by the Local Planning Authority.  Development shall be carried out in complete accordance with the details so agreed prior to the first use of the building for the uses hereby permitted.

 

Reason:  In the interests of securing a form of development that will not cause an unacceptable impact upon the amenities of the neighbouring residential occupiers.

 

(Note:    Cllr Peter Hutton requested that his vote against the motion be recorded.)