Agenda item

Proposed Change of Use to Auction Rooms together with alterations to front elevation and first floor extension to provide Gallery and rooftop terrace.

Note: Councillor Steve Bucknell left the room at 6.45pm.

 

Public Participation

Steve Tubb spoke in objection of the application.

Bill Pier spoke in support of the application.

 

Development Management Team Leader, Lee Burman, presented a report which outlined the proposed Change of Use to Auction Rooms together with alterations to front elevation and first floor extension to provide Gallery, rooftop terrace and café bistro.

 

Details were provided of the site and issues raised by the proposals, including the principle of development; impact to heritage assets, residential amenity, highways impact, parking and access.

 

Members of the Committee had the opportunity to ask technical questions regarding the application. Details were clarified that a condition had not been imposed within the Officer’s recommendation in relation to external music amplification as at the time of application there was no detail of what activities might take place on the outside terrace. The Officer however noted that strict conditions had been included within the recommendation in order to negate any potential harm that might be caused by the rooftop terrace. Clarification was provided that the empty pub shown within the Officer’s presentation was not within the redline boundary and that this building had been vacant for an extended period of time.

 

Members of the public then had the opportunity to present their views to the Committee as detailed above.

 

The Local Unitary Member, Councillor David Bowler then spoke regarding the application. Councillor Bowler stated that if approved the new frontage façade would be an improvement to the High Street, further adding the vibrancy of the town centre, as well as offering employment and increasing footfall. Regarding any concerns surrounding the Officer’s report and recommendation, Councillor Bowler stated that though CP57 and CP58 were cited within the report, Highways and Public Protection did not raise any issues, therefore Councillor Bowler believed that if there was to be a degree of harm it would be to a lower scale. Additionally, if there were any issues regarding parking shortfall, this would be difficult to argue with the previous use of the property having been a supermarket and with additional parking at Borough Fields, a 5-minute walk away.

 

At the start of the debate a motion to move and accept the officer’s recommendation was moved by Councillor Peter Hutton and seconded by Councillor David Bowler .

 

Prior to the debate, Senior Solicitor Dorcas Ephraim, mentioned that though on page 138 of the agenda pack there was within an objection of an intention to submit a legal injunction on the applicant that this should not deter the Committee from making a decision as this was a civil matter between the applicant and resident.

 

During the debate the issues included that there are other local examples of such businesses successfully managing with a limited parking provision, such as Bingham Hall in Cirencester. Additionally, it was noted that there was a typo within Condition 14 of the Officer’s recommendation, with the omission of the word “No”.

 

At the conclusion of the debate, it was,

 

Resolved:

That planning permission be APPROVED subject to the following conditions:

 

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.

 

The development hereby permitted shall be carried out in accordance with the following approved plans:

 

Location Plan P-0026-100b

Existing Elevations P-0026-103A

Existing Site Plan P-0026-101A

Existing Floor Plans P-0026-102A

Design and Access Statement

All Received 28.05.2021

Proposed Elevations 0026-115 REV C

Proposed Floor Plans 0026-111 REV B

Proposed Site Plan 0026-110 REV B

All Received 27.10.2021

 

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

 

No development shall commence on site (including any works of demolition), until a Construction Method Statement, which shall include the following:

 

a) the parking of vehicles of site operatives and visitors;

b) loading and unloading of plant and materials;

c) storage of plant and materials used in constructing the development;

d) wheel washing facilities;

e) measures to control the emission of dust and dirt during construction;

f) a scheme for recycling/disposing of waste resulting from demolition and construction

works; and

g) hours of construction, including deliveries;

 

has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be complied with in full throughout the construction period. The development shall not be carried out otherwise than in accordance with the approved construction method statement.

 

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 minimise detrimental effects to the neighbouring amenities, the amenities of the area in general, and dangers to highway safety, during the construction phase.

 

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.

 

The materials to be used in the construction of the external surfaces of the development hereby permitted shall be as stated on the approved plans, Design and Access Statement and application form.

 

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

 

The use of the roof top terrace hereby permitted shall not be first brought into use until full details of the proposed privacy screening to the rear roof top terrace have been submitted to the Local Planning Authority, approved in writing and erected in accordance with the approved details. The erected screening shall be retained in situ as approved as long as the use of the roof top terrace continues.

 

REASON: In the interests of visual amenity and the character and appearance of the area and ensuring high design and place shaping such that appropriate levels of amenity are achievable.

 

The site shall be used for an Auction House including ancillary spaces (sui generis use) and Bistro/Café E (b) for no other purpose (including any other purpose in Class (Sui generis) or (E) of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended) (or in any provisions equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification).

 

REASON: The proposed use is acceptable, but the Local Planning Authority wish to consider any future proposal for a change of use having regard to the circumstances of the case.

 

No part of the development hereby permitted shall be 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: In the interests of highway safety.

 

No part of the development shall be 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.

 

No development shall commence on site until a scheme of works for the control and dispersal of atmospheric emissions, in particular odours, and including fulldetails of required ventilation and extraction mechanical plant has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in full before the development is first brought into use and shall be maintained in effective working condition at all times thereafter.

 

REASON: Ensuring high design and place shaping such that appropriate levels of amenity are achievable.

 

Notes: In discharging this condition the applicant should ensure that the ventilation system discharges vertically at a height of at least 1m above the height of any nearby sensitive buildings or uses and not less than 1m above the eves. In discharging this condition the applicant should consult EMAQ ref “Control of odour and noise from commercial kitchen exhaust systems” (Gibson, 2018)

 

Prior to commencement an assessment of the acoustic impact arising from the operation of mechanical ventilation shall be undertaken in accordance with BS 4142: 2019. The assessment shall be submitted to the Local Planning Authority together with a scheme of attenuation measures to demonstrate the rated level of noise shall be: -5dB below background and is protective of local amenity.

 

Background levels are to be taken as a 15-minute LA90 at the boundary of the nearest residential noise-sensitive receptors.

 

The scheme shall be submitted to and approved in writing by the Local Planning Authority. A post installation noise assessment shall be carried out within 3 months of completion of the development to confirm compliance with the noise criteria and additional steps required to achieve compliance shall be taken, as necessary. The details as approved shall be implemented prior to occupation of the development and thereafter be permanently retained.

 

REASON: Core policy 57, Ensuring high design and place shaping such that appropriate levels of amenity are achievable.

 

Notes: In discharging this condition 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 at least 5dB below the background noise level.

 

The Roof Terrace use hereby permitted shall only take place between the hours of 08:00 and 18:00 in the evening from Mondays to Fridays and between 09:00 and 17:00 in the evening on Saturdays. The use shall not take place at any time on Sundays and Bank or Public Holidays.

 

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.

 

There shall be no customers/members of the public on the Auction Rooms and inside spaces (excluding the café/bistro) outside the hours of 08:00 - 20:00 Monday - Saturday and 10:00 - 18:00 Sunday and Bank Holiday. With respect to the café/bistro no customers/members of the public will be on site outside of the hours 08:00 – 23:00 Monday to Saturday and 10:00 – 22:00 Sundays and Bank Holidays.

 

REASON: Ensuring high design and place shaping such that appropriate levels of amenity are achievable.

 

No deliveries shall be made to or collections made from the development hereby approved except between the hours of: 08:00... and ..19:00... Monday to Saturday.

 

REASON: Ensuring high design and place shaping such that appropriate levels of amenity are achievable.

 

INFORMATIVES

 

CIL 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.

 

WP6 Any alterations to the approved plans, brought about by compliance with Building Regulations or any other reason must first be agreed in writing with the Local Planning Authority before commencement of work.

 

WP13 The applicant should note that the grant of planning permission does not include any separate permission which may be needed to erect a structure in the vicinity of a public sewer. Such permission should be sought direct from Thames Water Utilities Ltd / Wessex Water Services Ltd. Buildings are not normally allowed within 3.0 metres of a Public Sewer although this may vary depending on the size, depth, strategic importance, available access and the ground conditions appertaining to the sewer in question.

 

WP18 The applicant is requested to note that this permission does not affect any private property rights and therefore does not authorise the carrying out of any work on land outside their control. If such works are required it will be necessary for the applicant to obtain the landowners consent before such works commence.

 

If you intend carrying out works in the vicinity of the site boundary, you are also advised that it may be expedient to seek your own advice with regard to the requirements of the Party Wall Act 1996.