Agenda item

Change of use with external alterations and extensions to convert a Class E use to form 6 apartments.

 

Public Participation

Andy Melleney spoke in objection to the Application

Tony Allen (Agent) spoke in support of the Application

 

Late correspondence was summarised at the meeting and included letters of support.

 

The Senior Planning Officer Georgina Wright presented the application for change of use with external alterations and extensions to convert
a Class E use to form 6 apartments.

 

The unusual nature of the site was noted. It was a former Citizen Advice Bureau and was sited to the immediate back of a number of residential properties  and had recently received prior approval under Class MA of the Town & Country Planning (General Permitted Development)(England) Order 2015, for its conversion from offices to 6 flats. 

 

It was explained that this full application now involved a similar conversion of the building into 6 flats but involved alterations to the external finish; extensions to allow internal layout changes so that 4 of the resultant flats would be one bedroom flats rather than studio flats; each flat was to have their own private entrance; and changes were proposed to all existing fenestration, including the removal of all windows on the northern elevation. It was noted that parking provision of 2 spaces, one each for the two bed flats is to be provided.

 

The application was recommended for Approval with conditions, as set out in the report attached to the agenda.

 

Material considerations noted in the report were:

 

• Principle & Site History
• Heritage, Character & Design
• Neighbouring Amenities
• Highway Safety
• Ecology
• Drainage
• CIL/S106

 

Members then had the opportunity to ask technical questions of the Officer,

where it was clarified that future residents would not be entitled to an on-street parking permit as the area was already over subscribed to permits. Highways had restricted on street highways permits for this development, as there was easy access to the city centre.

 

The Officer noted that if the application was refused, the existing permissions would remain valid and so the applicant could still convert the building into 6 flats; redevelop the site with a bungalow; or it could be used again as offices.

 

Members of the public as detailed above, then had the opportunity to speak on the application.  The main points touched on the effect the development would have on the neighbouring properties, limited light to the development, the requirement for major groundworks and the access to the site and the accessibility issues for waste collection and emergency services.

 

In response to the comments of those in objection regarding car parking, drainage and construction noise, the Agent noted that the site already had permission to build 6 flats with 2 parking spaces. 

 

To refuse on Highways or overdevelopment grounds would fail to take into account the fall back prior approval.  This scheme would see improvements to the quality of materials and the type/size of flats that could be built under the prior approval consent.

 

The two storey windows facing the back of park street would also be removed compared with the approved permission, thus removing overlooking windows.

 

Local Member, Cllr Paul Sample, who was not on the Committee, spoke to the application noting the correspondence he had received from those involved.

 

He suggested that having 6 flats on the site was similar to sardines in a tin, with a proposal developed to meet the needs of the developer rather than the neighbours.

 

He drew attention to the objection of Salisbury City Council and stated that the development was overdevelopment of a narrow and hemmed in location which  would lack opportunity for residents to have any sort of view, in addition to the limited parking on site and no residential on street parking entitlement.

 

No provisions had been made for deliveries, or for bin collection or parking.

 

He referred to the requirement that the application must consider the transport impact and with 6 flats with only 2 spaces and no on-street entitlement, this was not achieved.

 

There was no adequate natural light and no disability access available, as the walkway was not wide enough to get past.

 

He asked the Committee to refuse the application before them, or to consider deferral to relook at overlooking.

 

The Chairman noted that the application for consideration was for changes to already approved flats.

 

The Officer confirmed and noted that the two parking spaces had been supported by Highways due to the sustainable location and that all of the windows already existed, so could not be refused on overlooking.   Bin storage was planned in front of the 2 parking spaces and could be conditioned should the committee wish.

 

Cllr Hocking moved the motion of Approval in line with Officer recommendation.

 

This was seconded by Cllr Kevin Daley

 

The Committee was invited to discuss the application, the main points included that the concerns raised would also apply to the already approved permission for 6 flats, should the current application be approved and that the amendments appeared to result in a superior scheme than was originally approved.

 

Issues with the loss of fenestration due to the bathrooms being on the north eastern elevations, meant that there would be no natural ventilation for them. The suggestion of windows with obscured glazing was made to aid with light and ventilation.

 

The hours of use would change and may impact on the neighbouring residents. The flats would provide much needed small scale accommodation with easy access to the city.

 

The option to add an informative if approved, relating to the provision of electric charge points at the parking spaces and solar panels on the roofs.

 

The application as presented probably would not be approved as a new building, however it would be an improvement on what was in place currently and what already had approval.

 

After discussion, the Committee voted on the motion of Approval, as per the Officer recommendation.

It was;

Resolved:

 

That application PL/2022/01972 be Approved subject to the following conditions:

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 Form & Certificate
Ref: 1344/01 Rev M – Proposed Floor Plans. Received – 06.05.2022
Ref: 1344/02 Rev C – Location and Block Plan. Received – 08.03.2022
Ref: 1344/05 Rev D – Proposed Elevations. Received – 08.03.2022

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

3 No development shall continue above slab level on site until the exact details and samples of the materials to be used for the external walls (including render colour) and roofs have been submitted to and approved in writing by the Local Planning Authority.

Notwithstanding the approved plans, the mono pitch roofs on the building shall be finished with a slate or tile material. 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 The dwelling hereby approved shall not be occupied until the Building Regulations Optional requirement of maximum water use of 110 litres per person per day has been complied with.

REASON: To avoid any adverse effects upon the integrity of the River Avon Special Area of Conservation

5 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 the following:
• location and current canopy spread of all existing trees and hedgerows on the land;
• full details of any to be retained, together with measures for their protection in the
course of development;
• a detailed planting specification showing all plant species, supply and planting sizes
and planting densities;
• finished levels and contours;
• means of enclosure and boundary treatment;
• car parking 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.

6 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.

7 No development shall commence on site until details of secure covered cycle parking and bin storage have been submitted to and approved in writing by the Local Planning Authority. The submitted cycle parking details shall accord with dimensions, access,
location, design and security principals laid out in Appendix 4 of Wiltshire’s LTP3 Cycling Strategy. These facilities shall thereafter be provided in accordance with the approved details and made available for use prior to the first occupation of the development hereby permitted and shall always be retained for use 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 and to ensure appropriate storage facilities for bin/waste management.

8 No part of the development hereby approved shall be first occupied until enough space for the parking of 2 vehicles; together with a vehicular access thereto; onsite turning provision; and 6 cycle parking spaces have been provided and laid out in accordance with the approved details. The parking spaces shall not be used other
than for the parking of vehicles in perpetuity. The approved turning area shall always thereafter be retained and kept clear of obstruction.

REASON: To ensure that adequate provision is made for parking and turning within the site in the interests of highway safety; and to encourage travel by means other than the private car

9 No development shall commence on site (including any works of demolition), until a Construction Management Statement (CMS), together with a site plan, which shall include the following:

1. the parking of vehicles of site operatives and visitors;
2. loading and unloading of plant and materials;
3. storage of plant and materials used in constructing the development;
4. the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;
5. wheel washing facilities;
6. measures to control the emission of dust and dirt during construction;
7. a scheme for recycling/disposing of waste resulting from demolition and construction works; and
8. measures for the protection of the natural environment.
9. hours of construction, including deliveries;
10. pre-condition photo survey has been submitted to, and approved in writing by, the Local Planning Authority. The
approved CMS shall be adhered to throughout the construction period.

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, detriment to the natural environment through the risks of pollution and dangers to highway safety, during the construction phase.

10 Any gates shall be set back 4.5 metres from the edge of the carriageway, such gates to open inwards only, in perpetuity.

REASON: In the interests of highway safety

11 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re- enacting or amending that Order with or without modification), no windows, doors or other form of openings (other than those shown on the approved plans), shall be inserted in the
north eastern or south western elevation of the development hereby permitted.

REASON: In the interests of residential amenity and privacy

12 Before flat 6 hereby approved is first occupied, full details of the external staircase thereto, including details of screen walls and/or fences at least 1.7 metres above ground/stair tread level along the north eastern boundary, shall be submitted to and agreed in writing by the Local Planning Authority. The agreed details shall be implemented in full prior to occupation of flat 6 and shall be retained and maintained in
perpetuity.

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 neighbouring amenities.

13 No development shall commence on site until an ecological mitigation plan has been submitted to and agreed in writing by the Local Planning Authority, in line with and to address the issues raised/recommendations made in the Ecological Appraisal Report
(Hampshire Ecological Services, October 2020) (submitted to accompany planning permission 20/04337/OUT). Prior to the first occupation of the development hereby approved, the approved mitigation measures shall be implemented in full on site in
accordance with the approved details and shall be retained and maintained in place in perpetuity.

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 ecology
and protected species

14 No development shall commence on site until an investigation of the history and current condition of the site to determine the likelihood of the existence of contamination arising from previous uses has been carried out and all of the following steps have been complied with to the satisfaction of the Local Planning Authority:

Step (i) A written report has been submitted to and approved by the Local Planning Authority which shall include details of the previous uses of the site for at least the last 100 years and a description of the current condition of the site with regard to any activities that may have caused contamination. The report shall confirm whether or not
it is likely that contamination may be present on the site.

Step (ii) If the above report indicates that contamination may be present on or under the site, or if evidence of contamination is found, a more detailed site investigation and risk assessment has been carried out in accordance with DEFRA and Environment Agency’s “Model Procedures for the Management of Land Contamination CLR11” and other authoritative guidance and a report detailing the site investigation and risk assessment shall be submitted to and approved in writing by the Local Planning Authority.

Step (iii) If the report submitted pursuant to step (i) or (ii) indicates that remedial works are required, full details have been submitted to
the Local Planning Authority and approved in writing and thereafter implemented prior to the commencement of the development or in accordance with a timetable that has been agreed in writing by the Local Planning Authority as part of the approved remediation scheme. On completion of any required remedial works the applicant shall provide written confirmation to the Local Planning Authority that the works have been completed in accordance with the agreed remediation strategy.

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 land contamination can be dealt with adequately prior to the use of the site hereby
approved by the Local Planning Authority.

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

REASON: In the interests of neighbouring residential amenities
16 No development hereby approved shall commence on site until an asbestos management plan has been submitted to and approved in writing by the local planning Authority. The plan shall detail how any asbestos on site will be handled and disposed of in accordance with current regulations and guidance. The development shall be
implemented 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, and to ensure that risks from
land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

17 No development hereby approved shall commence on site until full details of the proposed solar panels and the 2 electric charging points have been submitted to and agreed in writing by the Local Planning Authority. The solar panels and electric charging points shall be implemented in accordance with the agreed details prior to the flats being first occupied and shall be retained/maintained in accordance with the manufacturer details in perpetuity.

REASON: To respond to climate change and encourage renewable and low carbon development

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 Please note that the proposed drainage strategy will be considered at the building regulation stage and has not been assessed as part of this planning application. The applicant’s attention is drawn to the comments made by the Council’s Drainage Officer and Wessex Water in response to this planning application, both of which contain details
that will need to be resolved in order to achieve an acceptable drainage strategy for the site. Please note that should changes be required to the final approved scheme in order to achieve a satisfactory drainage strategy for the site, this may require the submission of a revised/amended scheme to be considered by the Local Planning Authority accordingly