Agenda item

Public Participation

Roger Budgen, William Allbrook and Cllr Kim Powers spoke in objection to the application.

John Harris spoke in support of the application.

The officer introduced the report which recommended that planning permission be delegated to the Area Development Manager to grant subject to the signing of a section 106 agreement and subject to conditions.

Attention was drawn to an updated plan contained within agenda supplement 1 and late observations which were available at the meeting, and were available in agenda supplement 2.

He explained that outline permission had been granted in 2005 for a residential development. A previous planning application to build four flats had been refused due to its siting, height, bulk and orientation having a detrimental impact on neighbouring uses and lack of adequate parking provision. The subsequent appeal was dismissed . The current proposal was of a different design and reduced bulk and was therefore not considered to have an overbearing impact on the adjacent school. He explained that a footpath to the school ran alongside the site which the previous permission had used as access and there had been no highways objections received. 

The Committee then had the opportunity to ask technical questions of officers and it was confirmed that an informative to contact the school when construction would occur could be included. Any further development which would restrict access to the school path would require a new planning application. It was confirmed that a condition to maintain the hedge within the site boundary could be added to the application as well as a construction method statement.

Members of the public then had the opportunity to address the Committee as detailed above.

The local member, Cllr Killane spoke in objection to the application. He explained that the hedge running along the boundary of the site was extremely overgrown and was obstructing a footpath to the school. He noted road safety concerns, rubbish collection issues, emergency service access and delivery concerns.

In the debate that followed road safety concerns were noted as well as the need to encourage children to walk to school. It was noted that there were alternative entrances to the school and that such entrances were only used for short periods of the day. The existing outline permission was highlighted, and the need to have a construction method statement and a condition regarding maintenance of the boundary hedge on the footpath was agreed

A motion to refuse planning permission based on pedestrian safety, policy C3(vii) was moved, seconded, voted on and lost.

Resolved:

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: Plan list to be confirmed.

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

3.    No development shall commence on site until 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: In the interests of visual amenity and the character and appearance of the area.

4.    Prior to the commencement of development details of the drainage of the site must be submitted and approved by the local planning authority. If the water will discharge to Wessex Water sewer then the applicant must submit a copy of the agreement to the council. If not then a SuDS scheme will need to be submitted to and approved by the local planning authority, these details to be accompanied by BRE 365 percolation tests and soak away calculations.

REASON:  In the interest of ensuring the site is adequately drained.

5.    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 surface treatment of the parking areas to be a consolidated surface. The areas shall be maintained for those purposes at all times thereafter.

REASON: In the interests of highway safety.

6.    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.

7.    Prior to any works commencing on the site the hedge along the northern boundary of the access to the site shall be trimmed and cut back to ensure that the maximum width of the driveway is available to ensure safe use by vehicles and pedestrians.  The hedge shall be maintained as such thereafter to ensure adequate visibility and safe passage for all users.

REASON: In the interests of highway and pedestrian safety.

8.    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 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: 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.

INFORMATIVES:

1. The applicant is advised to consult with the Head Teacher and School Governors of Malmesbury School adjacent to the site in respect of any future proposals to erect a gates or other enclosures to the site access.