To consider and determine planning applications in the attached schedule.
Minutes:
(a) 09/01102/FUL – Highfield Farm, Foxley, Malmesbury – Erection of Annex Extension to Existing Farmhouse (Revised Application)
Public Participation
1. Mrs Irvine, the applicant, spoke in favour of the application.
2. Mr Donald Ryan, a local resident, spoke in favour of the application.
3. An additional letter in support of the application was reported as a late item.
Resolved:
To delegate to the Area Development Manager to grant planning permission, subject to:-
(a) the completion of a legal agreement linking the dwelling to the agricultural land within the applicants’ ownership, and
(b) appropriate conditions.
Reason
The Council considers that the proposed annexe is of an appropriate size for the established functional requirement of the agricultural unit and that the proposal is in accordance with Planning Policy Statement 7 ‘Sustainable Development in Rural Areas’.
(b) 08/02686/FUL – The Hawthornes, Old Alexander Road, Malmesbury – Five No. Residential Units
Public Participation
1. Ms Rosemary Cosie, a local resident, spoke objecting to the application.
2. Mr Roger Budgen, Chairman of the local Residents’ Association, spoke objecting to the application.
3. Cllr Catherine Doody, Mayor of Malmesbury, spoke objecting to the application.
4. Cllr Simon Killane, the local Member, spoke objecting to the application and requesting an independent survey of the site.
5. six additional letters of objection raising similar issues to those already raised were reported as late items.
Resolved:
To delegate to the Area Development Manager to grant planning permission, subject to:-
(a) full consideration of the survey submitted and officers being satisfied that the development will not have a detrimental impact on the TPO’ed tree, in particular the root protection zone, the canopy and crown.
(b) the submission of amended plans which indicate car ports at the front of the site as opposed to garages to ensure space is retained on site for the parking of vehicles as required by condition no. 15.
(c) the signing of a legal agreement to secure a contribution to public open space.
(d) 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) Before the dwellings hereby permitted are first brought into use the area between the nearside carriageway edge and a line drawn 2.4m parallel thereto over the entire site frontage shall be cleared of visibility at and above a height of 0.6m above the nearside carriageway level and thereafter maintained free of obstruction at all times.
REASON: In the interests of highway safety.
POLICY: C3
(4) Provision shall be made within the site for the disposal of surface water so as to prevent its discharge onto the highway details of which shall have been submitted to and approved in writing by the Local Planning Authority.
REASON: In the interests of highway safety.
POLICY: C3
(5) The existing vehicular access shall be stopped up and its use permanently abandoned concurrently with the provision of the new access hereby approved being first brought into use.
REASON: In the interests of highway safety.
POLICY: C3
(6) Sufficient space for one car port and one car parking space shall be provided for each dwelling, before it is occupied in a position approved by the Local Planning Authority. The said space shall not be used other than for the parking of vehicles or for the purpose of access.
REASON: In the interests of highway safety.
POLICY: C3
(7) Before the access hereby approved is first brought into use the turning space shown on the submitted plan shall be properly consolidated and surfaced to the satisfaction of the Local Planning Authority. Such turning space shall be kept free of obstruction at all times.
REASON: IN the interests of highway safety.
POLICY: C3
(8) An entrance having a minimum width of 5m shall be constructed. The width of the access shall be maintained for the first 4.5m. The sides of the access shall be splayed outward at an angle of 45 degrees toward the carriageway edge. The access shall be properly consolidated and surfaced (not loose stone or gravel) for which details shall have been submitted to and approved in writing by the Local Planning Authority.
REASON: In the interests of highway safety.
POLICY: C3
(9) 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), there shall be no additions/extensions or external alterations to any building forming part of the development hereby permitted.
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 external alterations.
POLICY: C3
(10) No development shall commence on site until the trees on the site which are protected by a Tree Preservation Order have been enclosed by protective fencing, in accordance with British Standard 5837 (2005): Trees in Relation to Construction. 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.
(11) (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
(12) Prior to the commencement of the development hereby permitted a copy of an agreement with the water authority to link into existing drainage services within the locality must be submitted to the Local Planning Authority.
REASON: In the interests of ensuring the drainage scheme for this site is acceptable.
(13) Prior to the commencement of the development hereby approved a copy of the agreement between the developer and the water authority shall be submitted to the Local Planning Authority. This agreement to show that the scheme may link into the existing drainage system.
REASON: To ensure that the scheme can be adequately drained.
(14) No part of the development hereby permitted shall be first occupied until the footway fronting the site has been widened in accordance with the details shown on the approved plans.
REASON: In the interests of highway safe
(15) Notwithstanding the plans as submitted amended plans which indicate car ports at the front of the site shall be submitted to and approved by the Local Planning Authority. Thereafter the car ports shall be constructed and retained as such in accordance with the approved drawings.
REASON: In the interests of highway safety.
Informatives:
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.
Design and Access Statement received by the local planning authority 28/11/09, amended layout plan to be received prior to committee, 08/10/08/20944, 08.050.02A /03A
2. The applicant should note that under the terms of the Wildlife and Countryside Act 1981 and Countryside and Rights of Way Act 2000, it is an offence to disturb nesting birds or roosting bats. You should note that the works hereby granted consent do not override the statutory protection afforded to these species or any other species protected by legislation and you are advised to seek expert advice if you suspect that the demolition would disturb any protected species. For further advice, please contact the district ecologist at Wiltshire Council.
3. Please advise the applicant that the works in the highway will require a section 278 for the works in the highway / dedication agreement for the footway to be adopted.
Reason
The proposal accords with Policies C3, H3 of the North Wiltshire Local Plan (2011) in that it is of an appropriate design, size, scale, mass and bulk and should not give rise to additional traffic safety issues. It will not have a detrimental impact on neighbours that would warrant refusal and is therefore is an acceptable form of development.
(c 09/01300/FUL – 18-19 Dianmer Close, Hook, Lydiard Tregoze – Erection of Three No. 4 Bedroom Houses and Garages with Associated Drive
Resolved:
To defer consideration of this application for one cycle to allow for the submission of further details relating to the drainage issues on this site.
(d) 09/01892/CAC and 09/01893/FUL – Land at Delmont, Holloway Hill, Malmesbury – Demolition of Outbuildings and Erection of Dwelling following Demolition of Outbuildings
Public Participation
Mr Guy Wakefield, the agent for the applicant, spoke in favour of the application.
Cllr Catherine Doody, Mayor of Malmesbury, spoke in favour of the application.
Cllr Simon Killane, the local Member, spoke in favour of the application.
Resolved:
In respect of 09/01982/CAC
To delegate to the Area Development Manager to:
(1) Await consideration of protected species survey
(2) Refuse for the following reason:
The proposal includes demolition of buildings that are within Malmesbury Conservation Area and part of the historical small industrial development which evolved just beyond the ancient town walls of Malmesbury. Whilst the buildings are functional and utilitarian in appearance they make a positive contribution, and are an important reminder of the social and economic development of the area, contrary to policy HE2 of the North Wiltshire Local Plan 2011.
In respect of 09/01893/FUL
To delegate to the Area Development Manager to:
(1) Await consideration of protected species survey
(2) Refuse for the following reasons:
(i) The proposal is for a new dwelling in the open countryside. No special justification has been forwarded for this development and it is therefore considered to be contrary to the provisions of Policy H4 of the adopted North Wiltshire Local Plan 2011 and well established planning guidance at the national level within PPS7: Sustainable Development in Rural Areas.
(ii) The proposed dwelling would conflict with the historic character of the Malmesbury Conservation Area and would be detrimental to the setting of the nearby town walls, contrary to policy C3, HE1, HE4 and HE5 of the North Wiltshire Local Plan 2011.
Informative
This decision relates to documents/plans submitted with the application, listed below.
Plan References
Site plan 1:1250, drawing 828/2101, 828/2207, 2 x proposed elevations 1:100, 2 x floor plans 1:50, all dated 21 October 2009.
(e) 09/01727/S73A – The Gallons, Chelworth Road, Chelworth, Cricklade – Retention of Replacement Dwelling, Extension of Domestic Curtilage, Changing the Use Previous Paddock Land (Variation of 05/01534/FUL) - Retrospective
Public Participation
Mr Simon Chambers, the agent for the applicant, spoke in favour of the application.
Cllr Gina Chapman, representing Cricklade Town Council, spoke objecting to the application.
Resolved:
To refuse planning permission for the following reason:-
The revised position of the dwelling lies partly outside the original residential curtilage and encroaches upon the open countryside. Had an application been submitted for a replacement dwelling in this location prior to construction commencing permission would have been refused or revisions sought. As such the application fails to satisfy Policy H4 criteria (ii) of the North Wiltshire Local Plan 2011 in that the replacement dwelling is not positioned within the same curtilage. There has been insufficient justification for the revised position of the dwelling.
(f) 09/01963/FUL – 13 Dover Street, Chippenham – Two Storey Rear Extension
Public Participation
Mrs Katharine Oatley, the applicant, spoke in support of the application.
Cllr Judy Rooke, the local Member, spoke in favour of the application.
Resolved:
To refuse planning permission for the following reason:-
The proposed extension, by reason of its size and proximity to the neighbouring attached property no.15 Dover Street, would result in a development that would be overbearing and harmful to the residential amenity of the occupiers of this property. The proposal fails to comply with Policies C3 & H8 of the North Wiltshire Local Plan 2011.
Informative
This decision relates to documents/plans submitted with the application, listed below.
Plan References
Drawing nos. 834 sheet 1 and 834 sheet 2, dated 15 December 2009.
(g) 09/0006/FUL – Pound Mead, Corsham – Erection of 43 Dwellings together with Access, Landscaping and Screening
Public Participation
Ms Sylvia Armstrong, a local resident, spoke objecting to the application.
Ms Jo Curson of Westleigh Housing Association, the applicant, spoke in support of the application.
Mr Jerry Thornton of Thornton Associates Surveyors Ltd, spoke in support of the application.
Mr Chris Corrish of In House Building Design, the agent for the applicant, spoke in support of the application.
One additional letter of objection was reported as a late item.
Resolved:
To grant planning permission, 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 Section 91 of the Town and Country Planning Act 1990.
(2) Prior to the commencement of the development hereby permitted, details of the proposed and existing levels across the site (including details of the finished floor levels of all buildings hereby permitted) shall be submitted to, and approved in writing by, the local planning authority. The development shall be carried out in accordance with the details so approved.
Reason: To ensure a satisfactory layout in the interests of the amenity of the area.
(3) The development hereby permitted shall not be commenced until details of the landscaping of the site, including wherever appropriate the retention of existing trees, have been submitted to, and approved in writing by, the local planning authority.
The approved landscaping scheme shall be implemented within one year of either the first occupation or use of the development, whether in whole or in part, or its substantial completion, whichever is the sooner, and shall be maintained thereafter for a period of not less than five years. The maintenance shall include the replacement of any tree or shrub which is removed, destroyed or dies by a tree or shrub of the same size and species as that which it replaces, unless otherwise agreed in writing by the local planning authority.
Reason: In the interests of amenity.
(4) Prior to the commencement of the development hereby permitted and before any equipment, machinery or materials are brought onto the site for the purposes of the development, details of fencing to be erected for the protection of retained trees/hedges/shrubs shall be submitted to and approved in writing by the local planning authority.
Fencing for the protection of retain trees/hedges/shrubs shall be erected in accordance with the approved details before any equipment, machinery or materials are brought onto the site for the purposes of the development and 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 written consent of the local planning authority.
Reason: In the interests of protecting the existing trees/hedges/shrubs on the site.
(5) Prior to the commencement of the development hereby permitted, details of materials to be used externally shall be submitted to, and approved in writing by, the local planning authority. The development shall be built in the materials approved.
Reason: In the interests of visual amenity.
(6) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification) there shall be no extension or external alteration to any building forming part of the development hereby permitted.
Reason: In order to safeguard the amenity of the area by enabling the local planning authority to consider individually whether planning permission should be granted for extensions and external alterations.
(7) Other than those garden structures detailed within the plans hereby approved, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification) no garages, sheds or other ancillary domestic outbuildings shall be erected anywhere on the site edged in red on the approved plans.
Reason: In the interests of the amenity of the area.
(8) Other than those means of enclosure shown on the submitted plans and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification) no gates, fences, walls or other means of enclosure (other than those shown on the approved plans) shall be placed or erected forward of any wall of a building (including a rear or side wall) which fronts onto a highway, carriageway or footpath.
Reason: In the interests of the open plan layout of the area.
(9) Prior to the commencement of development details of the constructional methods to be employed to the facades of the units facing the railway cutting in order to mitigate noise disturbance (in accordance with the conclusions and recommendations of the submitted acoustic report dated September 2006 and prepared by RPS), shall have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with those details approved.
Reason: In the interests of minimising disturbance from the passing rail line.
(10) Development and all necessary survey work shall be carried out in complete accordance with the conclusions and recommendations contained within the ecological assessment carried out by Chalkhill Environmental Consultants dated 3rd March 2008.
Reason: In the interests of nearby areas of ecological importance.
(11) Prior to the use or occupation of the development hereby permitted, the car parking areas shown on the approved plan(s) shall be provided and shall thereafter be kept available for the parking of vehicles at all times.
Reason: In the interests of road safety.
(12) Prior to the use or occupation of any part of the development hereby permitted, the cycle parking facilities shall be provided in accordance with the details shown in the approved plans and thereafter retained.
Reason: In the interests of encouraging cycling as a means of transport to and from the site.
(13) Prior to the commencement of development, details of all means of enclosure shown on the approved plans shall have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with those details approved.
Reason: In the interests of visual amenity.
(14) Prior to the commencement of any development on the site constructional and layout details of all proposed pedestrian site accesses shall have been submitted to and approved in writing by the Local planning Authority. Development shall be carried out in accordance with details approved.
Reason: In the interests of securing satisfactory pedestrian access to the site, particularly onto the footpath on Valley Road, which lay outside of the site boundary.
(15) The stability of the bank along the northern boundary of the site shall be secured in complete accordance with the conclusions and recommendations contained within the submitted reports and the details shown on the submitted constructional drawings of the new retaining wall, and retained thereafter.
Reason: For the avoidance of doubt and in the interests of securing a retaining structure of appropriate appearance.
(16) Prior to the commencement of development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the local planning authority), a scheme to deal with the risks associated with contamination of the site shall be submitted to and approved, in writing, by the local planning authority. That scheme shall include all of the following elements unless specifically excluded, in writing by the local planning authority:
1) A desk study identifying:
· All previous uses
· Potential contaminants associated with those uses
· A conceptual model of the site indicating sources, pathways and receptors
· Potentially unacceptable risks arising from contamination of the site.
2) A site investigation scheme, based on (1) to provide information for an assessment of the risk to all receptors that may be affected, including those off site.
3) The results of the site investigation and risk assessment (2) and a method statement based on those results giving full details of the remediation measures required and how they are to be undertaken.
4) A verification report on completion of the works set out in (3) confirming the remediation measures that have been undertaken in accordance with the method statement and setting out measures for maintenance, further monitoring and reporting.
Reason: To prevent pollution of the environment.
Reason
This is a revised proposal which allows for a reduction in development density, the omission of three storey buildings and movement away from neighbouring properties. As such the proposal is now considered to be in accordance with Policies C3, H2, H3 and H5 of the adopted North Wiltshire Local Plan 2011.
At the request of Cllr Peter Davis the Committee agreed to a recorded vote, which was as follows:-
For the Motion
Cllr Christine Crisp, Cllr Bill Douglas, Cllr Peter Doyle, Cllr Alan Hill, Cllr Peter Hutton, Cllr Toby Sturgis and Cllr Tony Trotman.
Against the Motion
Cllr Peter Colmer, Cllr Peter Davis and Cllr Howard Marshall.
(h) 09/2052/FUL – Land Adjoining 9 Ruxley Close, Wootton Bassett – Erection of Building to Provide Two Flats
Public Participation
Ms Josie Lewis, a local resident, spoke objecting to the application.
Cllr Owen Gibbs, Chairman of Wootton Bassett Town Council’s Planning Committee, spoke against the application.
Resolved:
To refuse planning permission for the following reason:-
The alterations to the front and rear of the dwelling and the increase in the dwellings footprint , in particular the increase by 0.5 metre to the front of the dwelling (representing a 50% increase in the projection in front of No 9 Ruxley Close), will have an adverse impact upon the amenity of the area and neighbouring dwellings. The works are contrary to Policy C3 (iii) of the North Wiltshire Local Plan 2011.
(i) 09/02103/FUL – Unit 1 Bagbury Park, Bagbury Lane, Lydiard Green, Lydiard Millicent – Construction of Access Road to Serve Existing Industrial Unit
Public Participation
Mr Kevin Ayrton, the applicant’s agent, spoke in support of the application.
Mr Thomas Pepperall, Chairman of Lydiard Millicent Parish Council, spoke objecting to the application.
Cllr Mollie Groom, the Local Member, spoke objecting to the application.
Resolved:
To refuse planning permission for the following reason:-
The lack of turning space on site and the increased use of Bagbury Lane by commercial vehicles would be likely to have an adverse impact upon highways safety in the vicinity. Insufficient information was submitted with the application, particularly in terms of the number and size of vehicles using the access, to adequately demonstrate that the proposed additional access would meet the requirements of Policy C3 (vii). The application is therefore contrary to Policy C3 of the North Wiltshire Local Plan 2011.
(j) 09/02054/FUL – 23 Common Hill, Cricklade – Two Dwellings
Public Participation
Mrs Linda Silver, a local resident, spoke objecting to the application.
Mr Mark Willis, the applicant’s agent, spoke in support of the application.
Cllr Gina Chapman, representing Cricklade Town Council, spoke objecting to the application.
Resolved:
To refuse planning permission for the following reason:-
The proposed units would create a cramped form of development in this semi rural location which fails to respect the local character and distinctiveness with regard to design, size, scale, siting and layout. The proposed development conflicts with policy C3 (i) of the North Wiltshire Local Plan 2011.
(k) 09/01352/FUL – The Angel Inn, 47 High Street, Wootton Bassett – Change of Use from Pub (A4) to Hotel (C1), External Alterations to Main Building Plus Alterations and Extensions to Outbuilding to Form 15 Bedroom Annexe
Public Participation
Mr Graham Warren, the applicant’s agent, spoke in support of the application.
Cllr Owen Gibbs, Chairman of Wootton Bassett Town Council’s Planning Committee, spoke in support of the application.
Resolved:
To delegate to the Area Development Manager to grant planning permission and listed building consent, subject to appropriate conditions.
Reason
The application proposals would enhance the character, appearance and setting of the listed building and visual amenity. The proposals enhance and preserve the character and appearance of the conservation area and are therefore comply with advice contained in the Planning (Listed Buildings and Conservation Areas) Act 1990 and Planning Policy Guidance Note 15 (Planning and the Historic Environment) and policies C3, HE1 and HE4 of the North Wiltshire Local Plan 2011.
(l) 09/02148/FUL – Trucklebridge, Foxley Road, Malmesbury – Demolition of Existing Single Storey Annexe, Modifications to Vehicular/ Pedestrian Access, Together with Construction of Two Single Storey Extensions (Revision of 09/01208/FUL)
Public Participation
Mr Edward Seymour, the applicant’s agent, spoke in support of the application.
Mr Richard Jefferson, the applicant, spoke in support of the application.
Resolved:
To delegate to the Area Development Manager to grant planning permission, subject to appropriate conditions.
Reason
The proposed two extensions are considered appropriate to the scale and character with the existing barn conversion and will preserve this part of the Malmesbury Conservation Area and the Cotswolds Area of Outstanding Natural Beauty. As such the proposal complies with Policies C3, HE1, NE4, H8 and BD6 of the North Wiltshire Local Plan 2011.
Supporting documents: