Agenda item

The planning officer, Sam Croft, introduced the application and explained that the application was for the proposed change of use from ground floor shops to residential, conversion and extension of existing Brew House to a residential unit, conversion and extension of existing garages and stores to residential unit, as well as the proposed refurbishment and extension to the dilapidated red brick dwelling and other associated works. Photographs, blueprints and a map of the area were shown. The proposals relate to a designated Heritage Asset Grade II Listed Building.

 

The planning officer outlined that the proposed development would result in four residential units being on site. It was highlighted that, in terms of the principle of development, the site was located outside the secondary retail frontage area of Malmesbury and the site itself was not protected from conversion. Mr Croft detailed that the building had been redundant for a number of years and, as a result, had become dilapidated. It was noted that the proposed development complied with Core Policies 1, 2 and 13 and was considered by officers to have a positive impact on the conservation area. Furthermore, no objections had been raised from Heritage England, ecology or highways officers, or in terms of the impact on local amenity.

 

The Committee was then invited to ask technical questions. The planning officer confirmed that there would be 2 parking spaces as a result of the development and there would be sufficient turning space for vehicles. Highways officers had raised no objections to the proposals. Officers advised that each unit would have access to a small amenity space and then a larger community space. The secondary frontage area was confirmed as being decided upon the policies and supporting proposals map set out in R1 and R2 of the North Wiltshire Local Plan 2011, as saved by the Wiltshire Core Strategy 2015 and these plans showed that the site sat outside the secondary frontage area.

 

Members of the public were then invited to speak as detailed below:

 

Kim Power spoke in objection to the application and read out statements against the application, on behalf of Stuart Shape and Francesca Caiton.

 

Ian Maslin and Lisa Gozzer spoke in support of the application.

 

Cllr Budgen, Malmesbury Town Council, spoke in support of the application.

 

Cllr Killane was then invited to speak in his capacity as the local division member and spoke against the application. He raised several points, which included the following: that the North Wilts Plan had not been open to consultation, as the Neighbourhood Planning Document had been; that Malmesbury was a great place to visit and such an experience should be maintained. He also commented that he had not objected to the existing residential units in the area remaining as residential units.

 

Following questions raised by the local member, the planning officer confirmed that the extract from the North Wilts Local Plan showed that the site was located outside of the secondary frontage area.

 

In the debate that followed, several points were raised, which included the following: Malmesbury needed an equilibrium of retail and residential units; also, the proposed development would serve as a restricted retail unit and therefore, the optimum use for the unit could be seen to be residential. It was further discussed that a site on the extremity of the secondary frontage area and neighbourhood plan allowed for conversion from a retail to a residential unit and therefore, the application could not be refused on the grounds of conversion. It was identified that the proposals would result in the preservation and enhancement of a listed building and this was an important benefit of the scheme. Attention was drawn to the Construction Method Statement – as laid out in the conditions and informatives – and that it should be closely adhered to; as the flow of traffic in Malmesbury relied on a delicate system. Some members noted that the Town Council, other consultees and community groups had been supportive of the proposed development and thus, this implied that the proposed development could be taken as, largely, positive.

 

Cllr Hutton proposed, seconded by Cllr Sturgis, that the application be granted planning permission, subject to the conditions and informatives outlined in the report and that listed building consent be approved, subject to the conditions outlined in the report.

 

The motions were put to the vote and passed.

 

Resolved:

 

That planning permission be approved, subject to the following conditions:

 

Planning Permission is APPROVED subject to 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        No part of the development hereby permitted shall be first 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.

 

3        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:-

 

•         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;

•         car park layouts;

•         other vehicle and pedestrian access and circulation areas;

•         all hard and soft surfacing materials;

•         minor artefacts and structures (e.g. furniture, play equipment, refuse and other storage units, signs, lighting etc);

•         proposed and existing functional services above and below ground (e.g. drainage, power, communications, cables, pipelines etc indicating lines, manholes, supports etc);

•         retained historic landscape features and proposed restoration, where relevant.

 

REASON:

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.

 

4        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.

 

5        The development hereby permitted shall not be occupied until details of the storage of refuse, including details of location, size, means of enclosure and materials, have been submitted to and approved in writing by the Local Planning Authority, and; the approved refuse storage has been completed and made available for use in accordance with the approved details. The approved refuge storage shall thereafter be maintained in accordance with the approved details.

 

REASON:

In the interests of public health and safety.

 

6        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) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

e) wheel washing facilities;

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

g) a scheme for recycling/disposing of waste resulting from demolition and construction works; and

h) measures for the protection of the natural environment.

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

 

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

 

Heritage Assessment

Design and Access Statement

Bat Survey 2015

Structural Report

4173/11 Site Location Plan

4173/50 Rev B Proposed Cellar Floor Plan

4173/52 Rev D Proposed First Floor Plan

4173/53 Rev D Proposed Second Floor Plan

4173/54 Rev D Proposed Attic Floor Plan

4173/55 Rev C Proposed South Elevation

4173/56 Rev C Proposed North Elevation

4173/57 Rev C Proposed East Elevation

4173/58 Proposed West Elevation

Received on 14/10/2016

 

4173/51 Rev F Proposed Ground Floor Plan and Site Plan

Received on 02/03/2016

 

REASON:

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

 

8        INFORMATIVE TO APPLICANT:

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.

 

9        INFORMATIVE TO APPLICANT:

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.

 

10      INFORMATIVE TO APPLICANT:

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.

 

11      INFORMATIVE TO APPLICANT:

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.

 

12      INFORMATIVE TO APPLICANT:

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.  

 

That Listed Building consent be approved, subject to 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        No walls shall be constructed on site, until a sample wall panel, not less than 1 metre square, has been constructed on site, inspected and approved in writing by the Local Planning Authority. The panel shall then be left in position for comparison whilst the development is carried out. Development shall be carried out in accordance with the approved sample.

 

REASON:

In the interests of visual amenity and the character and appearance of the area.

 

3        No external stonework shall be constructed on site, until a sample panel of stonework, not less than 1 metre square, has been constructed on site, inspected and approved in writing by the Local Planning Authority. The panel shall then be left in position for comparison whilst the development is carried out. Development shall be carried out in accordance with the approved sample.

 

REASON:

In the interests of visual amenity and the character and appearance of the area.

 

4        No development shall commence on site until details of all eaves, verges, windows (including head, sill and window reveal details), doors, rainwater goods, chimneys, dormers and canopies 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:

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.

 

5        No paint or stain finish shall be applied to external timber (including window joinery), until details of the paint or stain to be applied 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 first occupied.

 

REASON:

In the interests of visual amenity and the character and appearance of the area.

 

6        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 occupied.

 

REASON:

In the interests of visual amenity and the character and appearance of the area.

 

7        Notwithstanding the approved drawings, no works shall commence until details of the following have been submitted to and approved in writing by the Local Planning Authority:

 

(i) Large scale details of all external joinery (1:5 elevation, 1:2 section) including vertical and horizontal cross-sections through openings to show the positions of joinery within openings, depth of reveal, heads, sills and lintels;

(ii) Large scale details of all internal joinery (1:5 elevation, 1:2 section);

(iii) Full details of proposed rooflights, which shall be set in plane with the roof covering;

(iv) Full details of external flues, background and mechanical ventilation, soil/vent pipes and their exits to the open air;

(v) Full details of proposed meter and alarm boxes;

(vi) Large scale details of proposed eaves and verges (1:5 section);

(vii) Full details of proposed internal service routes;

(viii) A full schedule and specification of repairs including:

(ix) a structural engineer’s report setting out the nature of, and suggested remedial work to, structural defects

(x) proposed timber and damp proof treatment

(xi) proposed method of cleaning/paint removal from historic fabric

(xii) a full schedule of internal finishes to walls, ceilings and floors

(xiii) Full details of external decoration to render, joinery and metalwork; and

(xiv) Full details and samples of external materials.

 

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 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.

 

8        No works shall commence on site until a watching brief has been arranged to be maintained during the course of the works affecting the historic fabric of the building. The watching brief shall be carried out in accordance with a written specification which shall have been first agreed in writing by the Local Planning Authority, by a professional archaeologist/building recorder or an organisation with acknowledged experience in the recording of standing buildings which is acceptable to the Local Planning Authority.

 

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 safeguard the identification and recording of features of historic and/or archaeological interest associated with the fabric of the building.

 

9        No works shall commence on site until a scheme for the protection of existing architectural / historic features in situ (including fireplaces, doors, windows, staircases, staircase balustrading and other woodwork) 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 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.

 

10      The works hereby granted consent shall be carried out in such a manner as to ensure that the existing building(s) is/are preserved and not structurally or superficially altered in any way whatsoever, save in accordance with the approved plans and the said building(s) shall be structurally supported and weatherproofed at all times during the construction period in accordance with established building practice.

 

REASON:

To preserve the special architectural and historic interest of the listed building.