Agenda item

Mr Jonathan Davies spoke in objection to the application.

Mr John Shillibeer spoke in objection to the application.

Ms Caroline Moore spoke in objection to the application.

Ms Lesley Bennett spoke in support of the application.

Mr Jonathan Banham spoke in support of the application.

Mr Keith Neil-Smith spoke in support of the application.

Councillor John Gundry spoke in objection to the application. 

The area development manager presented a report which recommended permission be granted subject to conditions. It was noted the town centre site had a surrounding earth bank and soft landscaping in order to help it blend in with the surroundings. Since the original submission, the car park had been moved to leave a greater area intact around the historic Avon Mills buildings. The proposal was to provide a foodstore with associated car parking, servicing, pedestrian, cycle and vehicular access, landscaping and boundary treatments.

The committee then had the opportunity to ask technical questions of the officer. It was stated that a service yard management plan could be included in the conditions of the application. It was confirmed the majority of the trees would be native deciduous species, however combined with the earth banks, they should hide the supermarket from view.

Members of the public then had the opportunity to address the committee with their views, as stated above.

The local councillor, Councillor Simon Killane, spoke in favour of the application. 

A debate followed, which covered the following main points; contributions towards the bus service, the closeness of the site to the town centre and the potential for linked trips, light pollution from the car parking area at night, the structure of the historic Avon Mills buildings, the amenities included in the application, and finding a balance between conservation and the survival of the market town. The area development manager clarified that the objectors had submitted a list of concerns and that some of these could be honed into viable conditions.                

Resolved:

For Application N/12/00165/FUL

That planning permission be GRANTED subject to the following conditions:

•         A legal agreement to secure community benefits including highways improvements; provision of pedestrian/cycleway; a pedestrian crossing; traffic calming on the A429; Travel Plan for staff; public car parking on the site to facilitate linked trips and a comprehensive town centre enhancement strategy.

•         Conditions to include (but not exclusively): securing landscaping proposals; restricting sales areas for comparison goods; restricting use of any part of the store as a pharmacy, post office; securing implementation of lighting scheme; securing a construction method statement; securing a service yard management plan; and securing drainage works.

For the following reason:

“The economic case for additional retail development in Malmesbury is clear cut.  The site meets the sequential test and there are no other comparable sites that would meet the needs of the town.  These facts weigh heavily in favour of the proposal.  Whilst the heritage and landscape objections are understood, the Council has concluded that the potential harm would be less than substantial. However, there are significant public benefits that are likely to accrue from this proposal.  The site’s location and the application proposal itself are considered to complement the existing town centre.  Through the provision of publicly available parking on the site the possibility of linked trips is encouraged.  The applicants have offered a package of measures (secured through a legal agreement) that are considered beneficial to the economy and amenity of the town (including a town centre enhancement strategy; traffic calming measures on the A429; a pedestrian footway/cycleway; a pedestrian crossing and Travel Plan). The proposal is considered to comply with policies C2 (Community Infrastructure);  C3 – (Development Control Core Policy); HE1 (Development in Conservation Areas); NE15 (The Landscape and character of the countryside); and R4 ( Proposals outside town centre primary and town centre secondary areas) of the North Wiltshire Local Plan 2011; The National Planning Policy framework (in particular In particular the sections relating to ensuring the vitality of town centres (paragraphs 24 to 27) and the protection of heritage assets (paragraphs 17 and 128 to 134); the policies of the Wiltshire Core Strategy pre-submission document and the Draft Malmesbury Neighbourhood Plan”

To note: On 30 May, an Article 25 notice was received which instructed Wiltshire Council not to issue the decision until such time as the Secretary of State had considered whether to recover the application.