Agenda item

A report by the Case Officer is attached.

Public Participation

Mr Richard Pitts spoke in objection to the application.

Mrs Liz Rolph spoke in objection to the application.

Mr Robert Holman spoke in objection to the application.

Mr John Kirkman, Campaign to Protect Rural England (CPRE), spoke in objection to the application.

Cllr Margret Rose, Marlborough Town Council, spoke in objection to the application.

The Area Development Manager introduced a report which recommended the application be approved. It was stressed that though the applicant’s decision to proceed with altering the premises and trading with changed use from A1 to Mixed A1/A3 prior to the decision of the Committee was regrettable, it was not a criminal offence and could not be a consideration for the Committee in determining whether the application should be approved or denied.

The key issues were highlighted as being whether the development would make a positive contribution to the vitality and viability of the Town Centre in accordance with relevant plans. Survey and interview evidence produced by the applicant had been submitted in support of that judgement. Sixteen out of Seventeen appeal decisions to permit Coffee shop developments in Town Centre locations nationally was also raised.

The Committee then had the opportunity to ask technical questions of officers. It was queried how applicant submitted data on footfall to the operating business could be considered when the fact of its operating without planning permission was not a consideration.

The lack of a fire escape was also questioned. Members further sought clarification on policy ED18 of the Kennet Local Plan, retained within the Wiltshire Core Strategy. It was stated that the National Planning Policy Framework paragraph 23 partially superseded policy ED18.

Members of the public then had the opportunity to address the Committee with their views, as detailed above.

The Local Member, Cllr Nick Fogg, then spoke in objection to the application.

A debate followed, during which the impact of the principles of the Localism Act 2011 on the application was raised in terms of local consultations, and it was confirmed Environmental Protection officers had raised no objection subject to precautionary conditions with regards to noise. The evidence submitted by the applicant regarding footfall was discussed, and whether it had been independently produced. It was stated that the Town Council and local Chamber of Commerce regarded the application as not benefiting the High Street.

The implications of the National Planning Policy Framework regarding town centres offering a diverse retail offering was raised, with emphasis on the need to reflect individuality.

At the conclusion of debate, it was,

Resolved:

That the application be REFUSED for the following reason:

The proposal conflicts with policy ED18 of the Kennet Local Plan, which states that planning permission in this designated Prime Shopping Area will not be given for the change of use of ground floor premises to uses other than Class A1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 as amended unless the development makes a positive contribution to the vitality and viability of the centre.

The Council does not believe that the proposal meets these criteria; it considers that the applicant's evidence on this point is unsubstantiated and that the proposal would conflict with the National Planning Policy Framework (para 23) that seeks to promote the individuality of town centres, which in the case of Marlborough centres on the broad range of local independent operators.

It would also conflict with the objectives of the Marlborough Area Plan, which seeks to maintain a vibrant and healthy High Street through support of independent businesses.

2) The proposal makes no provision for a fire escape from the first floor.