Agenda item

Proposed change of use from Café/Wine Bar (sui generis) to a dwelling (Class C3) and associated works.

Public Participation

Cllr Kevin Assinder spoke on behalf of Christian Malford Parish Council.

Development Management Team Leader, Lee Burman presented a report which outlined the proposed change of use from Café/Wine Bar (sui generis) to

a dwelling (Class C3) and associated works.

Details were provided of the site and issues raised by the proposals, including the principle of development; loss of community asset; impact on the character, appearance, visual amenity of the locality; impact on the character and appearance of the Grade II Listed Building. In addition, the impact on residential amenity; access and parking; drainage.

Members of the Committee had the opportunity to ask technical questions regarding the application. Details were sought on, but not limited to whether any conditions had been placed in relation to the use of the area at the front of the building for storage. It was clarified that PD removal would not be necessary give the proposals and site constraints and that previous interest in the property had been withdrawn by a party once they had been provided with estimated costs for refurbishment. It was also clarified that the property had not been specifically marked for community use and that it had been vacant for 11 years with no expressions of community interest or proposals tabled.

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

The Local Unitary Member, Councillor Howard Greenman then spoke regarding the application. Cllr Greenman raised the following points, including that the application had been called in to Committee due to being a loss of community asset and that the application was in conflict with the Christian Malford Neighbourhood Plan. Cllr Greenman stressed the importance of Neighbourhood Plans and the use of the building being consistent with it in order to maintain and manage the size of the community.

At the start of the debate a motion to accept both of the officer’s recommendations for planning permission and listed building consent was moved by Councillor Peter Hutton and seconded by Councillor Tony Trotman.

During the debate, issues were raised, but not limited to that it was a shame that the building had not been registered as a community asset as it could have provided such a function as a community café or community fridge considering the current economic situation. Reference was drawn to the minor variations that had taken place over the course of the planning history of the building since 2011 and whether these had been applied for with reason. In addition, it was stated that the application was an opportunity to improve the current condition of the building and that from a licensing perspective prior to Covid many venues and pubs had been struggling.

Further issues that were debated included that though neighbourhood planning has importance the building had been vacant for years and might not have been an integral part of revisions of the Neighbourhood Plan. The importance of preserving the building was stated and that in the images provided, the listed image of the building would be maintained having previously been a farmhouse. In addition, reference was made to how there had not been an attempt to register the building as a community asset, with other derelict buildings that had been improved referenced such as in Malmesbury. The comments of the Estates and Developments team were noted, with it suggested that the weaknesses and deficiencies of the marketing report would not be sufficient grounds to reject the application.

At the conclusion of the debate, it was, 

Resolved:

For PLANNING PERMISSION (PL/2022/00072)

That Planning Permission be APPROVED with 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 submitted to the Local Planning Authority on the 30 March 2022:

Drg. no. 2244-001 – Site Location Plan
Drg. no. 2244-100 – Existing Site Plan
Drg. no. 2244-120 – Proposed Site Plan
Drg. no. 2244-125 – Proposed Ground & First Floor Plan
Drg. no. 2244-126 – Proposed Second Floor & Roof Plan
Drg. no. 2244-127 – Proposed Elevations
Drg. no. 2244-128 – Proposed Sections

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

3. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any Order revoking or re-enacting or amending that Order with or without modification), there shall be no additions / extensions or external alterations to any building forming part of the development hereby permitted.

REASON: In the interests of the amenity of the area and to enable the Local Planning Authority to consider individually whether planning permission should be granted for additions/extensions or external alterations.

4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any Order revoking or re-enacting or amending that Order with or without modification), no window, dormer window or rooflight, other than those shown on the approved plans shall be inserted in the roof slope(s) of the development hereby permitted.

REASON: In the interests of residential amenity and privacy.

5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any Order revoking or re-enacting or amending that Order with or without modification), no garages, sheds, greenhouses and other ancillary domestic outbuildings shall be erected anywhere on the site on the approved plans.

REASON: To safeguard the character and appearance of the area

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 inaccordance 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 part of the development hereby permitted shall be first occupied 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

8. No part of the development shall be first occupied, until the visibility splays shown on the approved plans have been provided with no obstruction to visibility at or above height of 600mm above the nearside carriageway level. The visibility splays shall always be maintained free of obstruction thereafter.

REASON: In the interests of highway safety.

9. Notwithstanding the submitted details, the proposed development shall not be occupied until means/works have been implemented to avoid private water from entering the highway.

REASON: To ensure that the highway is not inundated with private water.

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

1. the parking of vehicles of site operatives and visitors;
2. Number and size of delivery vehicles/ construction vehicles
3. loading and unloading of plant and materials;
4. storage of plant and materials used in constructing the development;
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 – any damage related to the development will be put right (to the satisfaction of the LHA) within 6 months of the development completion has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The development shall not be carried out otherwise than in accordance with the approved construction method statement without the prior written permission of the Local Planning Authority.

REASON: 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.

INFORMATIVE TO APPLICANT

As the development access road is not intended to be adopted, the developer/applicant will be expected to enter into a S278 Agreement with the Highway Authority before thecommencement of the access and footway works hereby approved. 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.

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.

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.

Please note that Council offices do not have the facility to receive material samples. Please deliver material samples to site and inform the Planning Officer where they are to be found.

FOR LISTED BUILDING CONSENT (PL/2022/02619)

That Listed Building Consent be GRANTED with 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 carried out in accordance with the following approved plans submitted to the Local Planning Authority on the30 March 2022:

Drg. no. 2244-001 – Site Location Plan
Drg. no. 2244-100 – Existing Site Plan
Drg. no. 2244-120 – Proposed Site Plan
Drg. no. 2244-125 – Proposed Ground & First Floor Plan
Drg. no. 2244-126 – Proposed Second Floor & Roof Plan
Drg. no. 2244-127 – Proposed Elevations
Drg. no. 2244-128 – Proposed Sections

3. No works shall commence on site until details of all new or replacement internal joinery, including doors, door linings, architraves, beading, skirtings and staircases (including balusters, newel posts and handrails), have been submitted to and approved in writing by the Local Planning Authority. The works 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 Listed Building Consent and the matteris 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 preserving the character and appearance of the listed building and its setting.

4. No works shall commence on site until a full schedule and specification of the internal works has been submitted to and approved in writing by the Local Planning Authority. The works 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 Listed Building Consent 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 preserving the character and appearance of the listed building and its setting.