Agenda item

Public participation:

 

Mrs Janet Davies spoke in opposition to the application

Mr Robin Tuttiett spoke in opposition to the application

Mr Collins spoke in opposition to the application

Mrs Fitzjohn spoke in support of the application

Mr Lucas spoke in support of the application

Councillor Rooney of Salisbury City Council spoke in support of the application

Councillor Roberts of Salisbury City Council spoke in support of the application

Councillor Lindley of Salisbury City Council spoke in support of the application

Councillor Richard Clewer, local member, spoke in opposition to the application

 

The Planning Officer introduced the report which recommended approval and drew members’ attention to the late list.

 

A debate ensued during which issues regarding the terracing were raised, together with the benefits of improving the park for residents.

 

Resolved:

 

That planning permission be granted for the following reasons:

 

The planning application relates only to the areas identified in the two red lined areas.  Only certain aspects of the proposals require planning permission (these include the excavation works to create the new rose garden, the raised flower beds to the main entrance and lawn terracing). 

It is considered that the proposals would not cause any significant demonstrable harm to interests of acknowledged importance, in this case, the impact on the character and appearance of the conservation area, trees, public rights of way, the River Avon SSSI and SAC, protected species, flooding, archaeology, crime and disorder and adjacent residential amenity.

The proposal is considered to be in accordance with the aims and objectives of the following saved policies in the Salisbury Local Plan namely:

G1, G2            General Development Criteria

R6       Urban Parks

R17     Development affecting Public Rights of Way

C7       Landscape Setting of Salisbury and Wilton

C11     Areas of High Ecological Value

C12     Protected species

C17     Flood plains

C18     Development affecting the enjoyment etc of a river

CN5    Development affecting the setting of a listed building

CN8    Development in Conservation Areas

T1        Tourist facilities

 

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) No development shall commence until a schedule of tree works to the trees identified as Group 1 on drawing No 279.08 Rev B has been submitted to and approved in writing by the Local Planning Authority.  The development shall be completed in accordance with the agreed details.

 

Reason: In the interests of visual amenity

 

Policy : G2 (General)

 

(3) No development shall commence on the site until full details of the works to be carried out on the public highway of Mill Lane have been submitted and approved in writing with the local planning authority.  The works approved pursuant to the above condition shall be carried out in accordance with the approved details and to the satisfaction of the planning authority.

 

Reason: In the interests of Highway safety

 

Policy: G2 (General)

 

(4)  The development hereby permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment (Ref: PFA S335 Issue 4 dated 01.06.2010).

 

Reason: To prevent increased risk of flooding by ensuring minimal obstruction to flood conveyance and compensatory storage of flood water.

 

Policy: C17 (Floodplains)

 

(5) This development shall be in accordance with the following drawings:

279.L01 Lighting Main Entrance

279.L02 Lighting Rose Garden

279.08 Vegetation Retention and Removal Plan

279.10 Detailed Landscape Proposals Main Entrance and Rose Garden

279.12 Sections through Lawn Terraces

279.13 Sections through Rose Garden

Reason:  For the avoidance of doubt and in the interests of proper planning.

 

(6)  The development shall be completed in accordance with the Construction Method Statement for works near the Rivers Nadder & Avon dated 15th September 2010.

 

Reason: In order that the development proposals comply with the Habitats Regulations

 

Policies: C11 &  C12

 

Informative:- Highways

The applicant should note that under the terms of ‘The New Roads and Street Works Act 1991’, any person other than a statutory undertaker must obtain a licence to carry out excavation works within a street.  Licences may be obtained by application from the relevant Area Co-ordinating Engineer at Wiltshire’s Highway Authority.

 

Informative:- Environment Agency

All works in, under, over or within 8 metres of a Main River channel will require prior Flood Defence Consent from the Environment Agency, in addition to planning permission.  Such consent is required in accordance with the Water Resources Act 1991 and Byelaws legislation.

We acknowledge that the applicant has previously submitted details in respect of this requirement (1) but as formal consent was not issued we recommend that further advice is sought from our Development & Flood Risk Officer in this matter – Daniel Griffin (01258 483 351).