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Agenda item

17/06718/FUL - The Old Dairy, 2 Court Farm, Oaksey, Malmesbury, Wiltshire, SN16 9TF


The applicant Peter Hathaway spoke in favour of the application. Cllr Helen Hall from Oaksey Parish Council spoke against the application.


The Team Leader introduced the application, which was for an oak framed mansard (garden room) at the rear of the property, and for removal of timber cladding and making good with matching stone. A presentation was delivered, which displayed site location plan, photographs of existing site and proposed plans. It was explained that concerns had been raised as to the impact to neighbouring residential amenities and character of the area, however, this was not considered to be a significant level of harm and so the recommendation was for approval.


Councillors were invited to ask technical questions and it was stated that due to the layout of surrounding houses, the rear of the property was visible to other properties. . Officers clarified that as part of the original consents for the barn conversions, permitted development rights had been remove by condition, but that this was not a prohibition to all future development in perpetuity but a means to exercise control over and consider the impacts of further householder development.


Members of the public spoke as detailed above.


Cllr Chuck Berry spoke as Local Member. He spoke against the application, expressing concerns as to the future urbanisation of the area. He gave a balanced view of supporting sustainable development but maintained the importance of protecting the heritage of the Oaksey conservation area.


In the debate that followed, Cllr Hutton proposed the Officer’s recommendation,  which was seconded by Cllr Greenman and approved by the majority.




To GRANT 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 The materials to be used in the construction of the external surfaces of the

development hereby permitted shall be carried out in accordance with the materials listed on the applications form.


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


3 The development hereby permitted shall be carried out in accordance with the following approved plans: Site Location Plan (Drawing No 10650/04), Block Plan (Drawing No 10650/03), Proposed Plans and Elevations (Drawing No 10650/02) received by the LPA 12/07/2017.


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



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.



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.

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