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Agenda item

PL.2021.06492 - Land Adjacent to The Bowman Centre, Shears Drive, Amesbury, Wiltshire, SP4 7XT

To erect a new church with day nursery.

Minutes:

Public Participation

Samantha Covington spoke in objection to the application

A statement of Objection from Caroline Pollard was read by Samantha Covington

A statement of Objection from Michael Holloway was read by Samantha Covington

Simon Rutter (Agent) spoke in support of the application

 

Attention was drawn to additional information which had been published in Supplement 1 to the agenda, which detailed the Town Council objection and no objection from the MOD or Public Protection. One further letter of objection had been received and summarised and a revised recommendation was set out.

 

The Senior Planning Officer, Georgina Wright, presented the application which was for the erection of a new church with day nursery, on land adjacent The Bowman Centre, Shears Drive, Amesbury, Wiltshire, SP4 7XT.

 

The main issues which had been considered to be material in the determination of the application were listed as Principle, Character & Design, Neighbouring Amenities, Highway Safety, Waste Management, and Archaeology.

 

The site consists of one parcel within the local centre at the Kings Gate residential development, which was secured in line with the strategic allocation of the wider site as an urban extension to the Market Town of Amesbury.

 

The local centre which had been subdivided into a number of parcels, of which applications had been approved and, in most cases built out, for various uses on these parcels. This application involved the last remaining parcel (parcel D).

 

The Officer outlined two previous applications for the parcel of land, and the outcomes of those in 2016 and 2019. The amendments were shown and explained, these included additional car parking spaces on site and the use of additional public spaces around the site, and the height of the proposed building in comparison to the surrounding properties. 

 

The application was recommended for Approval with conditions as set out in the report.

 

Members then had the opportunity to ask technical questions of the officer, where it was clarified that the remit for the site included use as a church so there was no requirement for a needs assessment.

 

The town council objection had been received in time, but had been missed off the original report, which was why it was later uploaded as an update (Supplement 1) to the agenda.

 

Conditions for ventilation, solar panels and electric charging points could be added if the Committee was minded to approve.

 

Members of the public as detailed above, then had the opportunity to speak on the application.

 

Some of the main points in objection were focused around the size and scale of the development. Parking issues associated with a large congregation travelling from Tidworth and Bulford and the impacts on the road network.

 

The suitability of the site for a development with an associated high footfall and whether the new application sufficiently addressed previous concerns.

 

Noise concerns relating to highly amplified singing and whether it would be intrusive to residents. 

 

Some of the points in support included the intention for the church to be a part of the local community centre, the changes made to this application to address previous concerns, including a reduced footprint which was now further away from residents, reduced eves and internal measures for sound absorption.

 

Local Member Cllr Yuill who was on the Committee as a substitute, spoke in objection to the application, noting points around an insufficient amount of parking spaces and the concerns of the Centre Management company which had also expressed concern around additional parking requirements.

 

The days and times which it was expected the church would be at its busiest and the clash with other local facilities and businesses which in turn would cause a congestion issue and a lack of parking, which he felt would cause inconsiderate parking and in turn would impact on access for the emergency services.

 

The impact on the Bowman centre which he stated had been intended to be the dominant building in the centre.

 

Whether the noise survey carried out in 2019 included the proposed air conditioning which he felt would increase to the noise levels, as would the nursery due to the proposed indoor and outdoor play areas.

 

He queried the ventilation plant, proposed to be contained in the building, with external vents, noting that air conditioning did not extract but instead cooled air already in the building.

 

Cllr Yuill then moved the motion of Refusal, against Officer recommendation on the grounds of lack of car parking, noise and Highway Congestion.

 

This was seconded by Cllr Rich Rogers.

 

The Committee was invited to discuss the application, the main points included the number of existing public car parking spaces, which were already in demand.

 

The size of the proposed church and that 60% of its congregation would commute from elsewhere to attend.

 

That there was an existing outline permission for the site.

 

Whether if approved a condition requiring the windows to be closed during singing sessions.

 

Members noted other similar situations where residents on new estates were opposed to development on green spaces even when a development plan was present which included clear intentions for development from the outset.

 

The application was for both a church and a day nursery and could not be considered separately.

 

The Highways Officer was in attendance and was able to explain how he had arrived at his position of no objection. The impact of the development was not accepted to be a significant impact on the Highway network.

 

The Bowman centre car parking was privately owned and could not be included for use by the church or nursery visitors.

 

The Committee then voted on the motion of refusal against officer recommendation, on the grounds stated above.

 

The motion was not carried.

 

The Chairman then moved the motion of Approval, in line with Officer recommendation, with additional conditions, and informatives as below:

 

 Solar panels

·       Electric charging point

·       Solar Panels

·       keeping doors shut

·       Windows fixed

·       Green travel plan

 

Informative:

·       Air source heat pump

 

 

This was seconded by Cllr Hocking.

 

The Committee then voted on the motion of Approval with conditions. 

 

It was:

 

Resolved

 

To approve application PL.2021.06492  - Land Adjacent to The Bowman Centre, Shears Drive, Amesbury, Wiltshire, SP4 7XT, in line with Officer recommendation 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.       The development hereby permitted shall be carried out in accordance with the following approved plans:

 

          Application Forms & Certificate

          Ref: D300 – Location Plan.  Received – 25.06.2021

          Ref: D311 – Site Layout With Context.  Received – 13.10.2021

          Ref: D302 – Ground Floor Plan.  Received – 25.06.2021

          Ref: D303 – First Floor Plan.  Received – 25.06.2021

          Ref: D304 – Roof Plan.  Received – 25.06.2021       

          Ref: D305 Rev A – Elevations.  Received – 25.06.2021

          Ref: D306 – Elevations.  Received – 25.06.2021

          Ref: D307 – Site Sections A-A and B-B.  Received – 25.06.2021

          Ref: D308 – Site Sections C-C and D-D.  Received – 25.06.2021

 

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

 

3.       No development shall commence above slab level until the exact 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: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, in the interests of visual amenity and the character and appearance of the area.

 

4.       No development shall commence on site until a scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include:

         a detailed planting specification showing all plant species, supply and planting sizes and planting densities

         finished levels and contours;

         means of enclosure & boundary treatments;

         car park layouts;

         other vehicle and pedestrian access and circulation areas;

         all hard and soft surfacing materials;

 

          REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

5.       All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first occupation of the building(s) or the completion of the development whichever is the sooner; All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any trees or plants which, within a period of five years, die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local planning authority.  All hard landscaping shall also be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme to be agreed in writing with the Local Planning Authority.

         

          REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

6.       No railings, fences, gates, walls, bollards and other means of enclosure development shall be erected in connection with the development hereby permitted until details of their design, external appearance and decorative finish have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details prior to the development being brought into use.

 

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

 

7.       No development shall commence on site until a construction management plan has been submitted to and approved in writing by the local planning authority. The plan shall include details of the measures that will be taken to reduce and manage the emission of noise, vibration and dust during the demolition and/or construction phase of the development. It shall include details of the following:

i. The movement of construction vehicles;

ii. The cutting or other processing of building materials on site;

iii. Wheel washing and vehicle wash down facilities;

iv. The transportation and storage of waste and building materials;

v. The recycling of waste materials (if any)

vi. The loading and unloading of equipment and materials

vii. The location and use of generators and temporary site accommodation

The construction/demolition phase of the development will be carried out fully in accordance with the construction management plan at all times.

 

          REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, 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.

 

8.       No part of the development hereby permitted shall be first brought into use until the access, turning area and parking spaces have been completed in accordance with the details shown on the approved plans. The areas shall be maintained for those purposes at all times thereafter.

 

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

 

9.       The development hereby permitted shall not be first brought into use until the cycle parking facilities shown on the approved plans have been provided in full and made available for use.  The cycle parking facilities shall be retained for use in accordance with the approved details 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.

 

10.     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: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, in the interests of road safety and reducing vehicular traffic to the development.

 

11.     No construction or demolition work shall take place on Sundays or Bank and Public Holidays or outside the hours of 07:30 to 18:00 Monday to Friday and 08:00 to 13:00 on Saturdays.

 

          REASON: In the interests of neighbouring amenities

 

12.     No burning of waste or other materials shall take place on the development site during the demolition/construction phase of the development.

 

          REASON: In the interests of neighbouring amenities

 

13.     The use of the Church/Worship part of the building hereby permitted shall only take place between the hours of 08:00 and 21:30 Monday to Friday and between the hours of 10:30 and 14:00 on Saturdays and Sundays.

 

          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.

 

14.     The use of the children’s nursery part of the building hereby permitted shall only take place between the hours of 08:00 and 18:00 Mondays to Friday and not at all on Saturday and Sundays.

 

          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.

 

15)     Except for access and egress, all external doors shall remain closed during worship, choir practice and when other noise generating meetings or activities are taking place.

 

         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.

 

16.     No external lighting shall be installed on site until a scheme of external lighting, including the measures to be taken to minimise sky glow, glare and light trespass, has been submitted to and approved in writing by the Local Planning Authority. The external lighting scheme shall be designed so as to meet the criteria for Environmental Zone E3 as defined by the Institute of Lighting Professionals 'Guidance Notes for the Reduction of Obtrusive Light' 2012.The approved scheme shall be implemented in full before the development is first brought into use and shall be maintained in effective working order at all times thereafter.

 

          REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, in the interests of the amenity of the area.

 

17)     Notwithstanding the approved plans, the detailed design of the building shall be designed and constructed so as to ensure that any reverberation from the approved use of the building does not exceed 0.8 second Tmf , as defined by table 6 of BB93 ‘Acoustic design of schools: performance standard’(Department of Education, 2015) and in line with the submitted acoustic report (Hayes Mackensie Partnership Ltd, Ref: 3278_R03_EXT2 and dated 03/08/2021).

         

          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.

 

18)     All roof lights above the room labelled ‘Main Hall’ on the approved plans and windows in the North West elevation of the building hereby approved, shall be non-openable. The glazing detail and design of the fire exit door/s shall meet the specifications set out in S. 4.5-4.7 of the submitted acoustic report (Hayes Mackensie Partnership Ltd, Ref: 3278_R03_EXT2 and dated 03/08/2021).

 

          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.

 

19)     Prior to occupation of the building hereby approved, an assessment of the acoustic impact arising from the operation of the air conditioning units shall be undertaken in accordance with BS 4142: 2019 and a scheme of attenuation measures to demonstrate the rated level of noise is 5dB below background for new plant or less than background and protective of local amenity, shall be submitted to and approved in writing by the Local Planning Authority.  The background levels are to be taken as a 15 minute LA90 at the boundary of the nearest residential noise-sensitive receptors.

 

          A post installation/occupation noise assessment shall be carried out within 3 months of occupation of the building hereby approved to confirm compliance with the noise criteria and additional steps required to achieve compliance shall be taken, as necessary in accordance with an approved timeframe. The approved attenuation measures shall be maintained in accordance with the manufacturer specification and permanently retained I perpetuity.

 

          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.

 

20)     Notwithstanding the approved plans, at least one electrical charging point shall be installed at the site and the roof shall be fitted with solar panels.  Details of which shall be first submitted to and agreed in writing by the Local Planning Authority.  The equipment shall be installed/fitted at the site in accordance with the approved details before the building is first brought into use and shall thereafter be retained and maintained in accordance with the manufacturer’s specifications.

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure that the Council’s sustainable development objectives are achieved.

 

INFORMATIVES

1)       The applicant is advised that the development hereby approved may represent chargeable development under the Community Infrastructure Levy Regulations 2010 (as amended) and Wiltshire Council's CIL Charging Schedule. If the development is determined to be liable for CIL, a Liability Notice will be issued notifying you of the amount of CIL payment due. If an Additional Information Form has not already been submitted, please submit it now so that we can determine the CIL liability. In addition, you may be able to claim exemption or relief, in which case, please submit the relevant form so that we can determine your eligibility. The CIL Commencement Notice and Assumption of Liability must be submitted to Wiltshire Council prior to commencement of development.  Should development commence prior to the CIL Liability Notice being issued by the local planning authority, any CIL exemption or relief will not apply and full payment will be required in full and with immediate effect. Should you require further information or to download the CIL forms please refer to the Council's Website:

 

www.wiltshire.gov.uk/planninganddevelopment/planningpolicy/communityinfrastructurelevy.

 

2)       This permission shall be read in conjunction with The Deed of Variation Legal Agreement (dated  when agreed).

 

3)       In discharging condition 19 the applicant should engage an Acoustic Consultant. The consultant should carry out a thorough background noise survey and noise assessment in accordance with BS4142:2019 (or any subsequent version) and demonstrate that the rated noise level is 5dB below the background noise level.

 

4)       The applicant shall consider every possible option for alternative heating of the building hereby approved including air source or ground source heat pumps

 

Supporting documents:

 

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