Agenda item

Public Participation

Mr Stewart Shape spoke in objection to the application.

Mr Brian Leitch spoke in objection to the application.

Mrs Kim Power spoke in objection to the application.

Mrs J Blurton spoke in support of the application.

Mr T Blurton spoke in support of the application.

 

 

The Area Development Manager presented a report which recommended permission be granted for change of use. It was noted the building was a listed building in a conservation area, and the location in the secondary retail frontage area and physical state of the building was highlighted. It was also stated that the building had been vacant for two years with little interest, and that the key issue was its viability as a retail unit.

 

The Committee then had the opportunity to ask technical questions of the officer. It was noted that in 2012 the Committee refused a change of use for the neighbouring property, and the robustness of the marketing of the property for retail use was raised.

 

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

 

The Local Member, Councillor Simon Killane, then spoke in objection to the application.

 

A debate followed, where it was noted the Town Council were in support of the application, and the viability of retail units in the town and the state of many listed buildings was discussed. The robustness of the marketing of the building for retail use was again raised, including the price at which it had been set, and its lack of viability debated.

 

Questions were also raised about whether Listed Building Consent could be approved even should the planning application be refused, and it was confirmed it could be.

 

At the conclusion of debate, it was,

 

Resolved:

 

For Application 12/03960/FUL

 

That Planning Permission be REFUSED for the following reason:

 

The proposed development would result in the unacceptable loss of a retail premises within the secondary retail frontage in a prominent location within the centre of Malmesbury.  The loss of premises would be to the detriment of the vitality and viability of Malmesbury Town Centre and its future vitality and viability.  Insufficient information has been provided to demonstrate that the property has been marketed at anappropriate price in an attempt to secure a retail use at the premises.  The proposal is contrary to Policies C3, R2 and R6 of the adopted North Wiltshire Local Plan 2011 as well as the strategy and objectives of the Wiltshire Core Strategy Pre-Submission Draft February 2012.

 

For Application 12/03961/LBC

 

That Listed Building Consent be GRANTED for the following reason:

 

The proposed development by reason of its scale, design and siting is considered to be an acceptable addition to the property and the proposed alterations would not unduly affect the fabric or setting of the listed building. The proposed development is in keeping with the character and appearance of the area and would secure the future of the building and this will achieve objectives for preservation of the heritage asset in accordance with the National Planning Policy Framework and the North Wiltshire Local Plan 2011. The proposals are thus considered to comply with section 12 of the National Planning Policy Framework (2012) and with S.16(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990.

 

Subject to the following conditions:

 

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.

 

2. The development hereby permitted shall be implemented in accordance with the submitted plans and documents listed below. No variation from the approved plans should be made without the prior approval of the local planning authority. Amendments may require the submission of a further application.

 

Plans

 

Existing elevations and sections

Site location plan

Existing floor plan

Associated photographs

Property marketing

Proposed elevations and sections

Heritage asset statement

Design and access statement

Proposed floor plans

 

Date stamped 28.11.12

 

REASON: To ensure that the works are implemented as approved and in the interests of the listed building.

 

3.    Notwithstanding the approved drawings, no works shall commence until details of the following have been submitted to and approved in writing by the Local Planning Authority

 

Large scale details of all external joinery including metal-framed glazing (1:5 elevation, 1:2 section) including vertical and horizontal cross-sections through openings to show the positions of joinery within openings, depth of reveal,  heads, sills and lintels;

 

Large scale details (1:5 elevations, 1:2 sections) of new dormer construction, including window;

 

Large scale details of proposed balcony structure (1:10 elevations 1:5 sections);

 

Large scale details of  all internal joinery, including staircases (1:5 elevation, 1:2 section);

 

Full details of proposed rooflights, which shall be set in plane with the roof covering;

 

Large scale details of new fireplace to living room;

Full details of external flues, background and mechanical ventilation, soil/vent pipes and their exits to the open air;

Full details of proposed meter and alarm boxes;

Large scale details of proposed eaves and verges (1:5 section);

Full details of proposed internal service routes;

Full details of external decoration to render, joinery and metalwork; and

Full details and samples of external materials.

 

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.

 

 4. No development shall commence on site until details and samples of the materials to be used for the external walls, including timber cladding which shall be feather-edged boarding, 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 preserving the character and appearance of the listed building and its setting.

 

5. Notwithstanding the submitted details (3799/51E) the new window to the west elevation of the first floor snug shall be a timber, double-hung sash window to match those on the first floor front elevation.

 

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