Agenda item

Public Participation

Ian Frostick on behalf of the Feoffees of St Lawrence Chapel spoke in objection to the application.

Duncan Lawrence, agent, spoke in support of the application.

Cllr Sue Fraser on behalf of Warminster Town Council spoke in objection to the application.

 

The senior planning officer, Matthew Perks, introduced a report which recommended planning permission be granted for the refurbishment of the existing frontage building at No. 3 High Street to provide 2 shops with 3 flats above plus new residential development of 5 dwellings and landscaping to the rear. Officers also recommended that listed building consent also be granted for alterations and extensions to the listed building.

 

A site visit had been undertaken by Committee members ahead of the meeting in accordance with the deferment resolution made at the previous meeting dated 20 September 2017.

 

Officers referenced additional reported details contained within the published reports as well highlighting corrections and identifying amendments made to the recommended planning conditions.

 

Key issues highlighted included the impacts on the heritage assets of the host property itself as well as the neighbouring chapel and the wider conservation area.  The public benefits of refurbishing a property and bringing it back into a viable use were also highlighted as well as the access arrangements and limitations and the fact that the proposed development would not have any dedicated car parking provision.

 

Members of the Committee then had the opportunity to ask technical questions of the officer, seeking clarification regarding the use and ownership of neighbouring properties, bin storage provision and the access arrangements.

 

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

 

The local member, Councillor Andrew Davis, then spoke in objection to the application.

 

A debate followed whereby the effects and impacts on the host building, conservation area and the chapel were discussed, and whether the proposals would deliver benefits to the listed building and wider conservation area through the proposed renovation work to what is a significant and prominent listed building which had rapidly deteriorated over many years. There was also recognition by members that the proposals offered opportunity to save the building and return it into a viable use. There was also a discussion about whether the less than substantial harm to the listed building was offset by the reported public benefits.

 

A motion to approve the planning and listed building applications was moved by Councillor Trevor Carbin, and seconded by Councillor Jerry Wickham. Following a vote, resolved as below, a motion to grant Listed Building Consent was moved by Councillor Sarah Gibson, seconded by Councillor Jerry Wickham. At the conclusion of debate, it was,

 

Resolved:

 

That authority be delegated to the Head of Development Management to GRANT planning permission, subject to conditions listed below and following the completion of a S106 legal agreement which would bind the developer and this permission to firstly secure and complete all the necessary repair works to bring the Grade II Listed building at No. 3 High Street back into a functional use prior to the first occupation of any of the approved dwellings.

 

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:

1364/P/LOC received on 25 July 2017; 1364/P/01 P3 received on 25 July 2017; 1364/P/02 P2 received on 18 April 2017; 1364/P/03 P2 received on 18 April 2017; 1364/P/04 P2 received on 18 April 2017; 1364/P/05 P2 received on 18 April 2017; 1364/P/06 P3 received on 25 July 2017; 1364/P/07 P2 received on 18 April 2017; 1364/P/08 P2 received on 18 April 2017; 1364/P/09 P3 received on 25 July 2017

 

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

 

3.            No development shall commence on site until the following details have been submitted to and agreed in writing by the Local Planning Authority:

 

In respect of the 3 residential units located to the rear of the site and behind the Chapel:-

 

Eaves and chimney details to include a section at a scale of 1:10, full detail of doors, lintels, cills and windows and brochure details for rainwater goods and roof lights (conservation style):

A sample panel of the proposed brickwork and mortar colour (brickwork should be Flemish bond) and the proposed specification for the repair of the wall; and,

 

In respect of alterations and conversion of 3 High Street:-

 

Detailed drawings of the ground floor shop front at a scale of no less than 1:50;

A repair schedule for all the existing windows with sash windows to be repaired or be replaced on a like-for-like basis;

Details of conservation style roof lights, timber French doors and other new external doors and any canopies, natural slate roofing materials and new stone copings;

Details of the design of the new stairs at ground to the first floor level; and A room by room survey of all surviving historic features (i.e. doors, skirtings, cornices etc.) and that such features identified are suitably reinstated; and,

 

In respect of the 2 residential units to be provided by the extension to the rear of No 3 High Street:-

 

A sample panel of the proposed Flemish bond brickwork and mortar colour;

New window details at a scale of 1:5 including horizontal and vertical sections, and detailing windows with rubbed brick arches and Bath stone cills.

 

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

 

4.            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:

 

- all hard and soft surfacing materials including proposed planting;

- wildlife friendly proposals for the planting scheme

- finished levels

- the type and form of any protective fencing to safeguard boundary walls and retained trees

- any means of site/plot enclosure.

 

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.

 

5.     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 or the completion of the development whichever is the sooner. 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.

 

6.     No development shall commence on site (including any works of demolition), until a Construction Management Plan (CMP) has been submitted to, and approved in writing by the Local Planning Authority, which shall include the following: 

 

a) the access and parking of vehicles of site operatives and visitors;

b) the loading and unloading of plant and materials;

c) the storage of plant and materials used in constructing the development;

d) the measures to control the emission of noise, dust and dirt during construction; the hours of construction, including deliveries;

e) No construction or demolition work taking place on Sundays or Public Holidays or outside the hours of 07:30 to 18:00 Monday to Friday and 08:00 to 13:00 on Saturdays.

 

The approved CMP shall be complied with in full throughout the construction period.

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.

 

7.     No development shall commence on site until a scheme for the discharge of foul water from the site has been submitted to and approved in writing by the Local Planning Authority. The development hereby approved shall not be first occupied unless and until the foul water drainage scheme has been implemented in accordance with the approved details.

 

REASON: To ensure that the development can be adequately drained.

 

8.     No development shall commence on site until a scheme for the discharge of surface water from the site (including surface water from the access / driveway), incorporating sustainable drainage details together with permeability test results to BRE365, has been submitted to and approved in writing by the Local Planning Authority.  The development hereby approved shall not be first occupied unless and until the surface water drainage scheme has been implemented in accordance with the approved details.

 

REASON: To ensure that the development can be adequately drained.

 

9.     No development shall commence on site until a scheme for protecting the future residents against noise from road traffic and noise from other sources such as plant for air conditioning units etc. has been submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented in full before the use commences and shall be maintained at all times thereafter.

 

Note: In discharging this condition the applicant should engage an Acoustic Consultant. The consultant should carry out a background noise survey and noise assessment according to BS8233: 2014 (or subsequent version) and demonstrate that internal and external noise levels will not exceed the guideline noise levels contained in Section 7.7 of BS8233:2014. The report should also demonstrate that internal maximum noise levels in bedrooms will not normally exceed 45dB LAmax between the hours of 23:00 and 07:00.

 

REASON: In the interests of the amenity of future occupants.

 

10.  No burning of waste or other materials shall take place on the development site during the demolition/construction phase of the development.

 

REASON: In the interests of neighbour amenity.

11.  The A1 use hereby permitted shall only take place between the hours of 08:00 and 1800 Mondays to Saturdays and between 10:00 and 16:00 on Sundays and Bank or Public Holidays.

 

REASON: In the interests of the amenity of future occupants and of neighbouring properties.

 

12.  No deliveries shall be made to or collections made from the retail development hereby approved except between the hours of 08:00 and 18:00 Monday to Saturday, with no deliveries or collections on Sundays or Public and Bank Holidays.

 

REASON: In the interests of the amenity of future occupants and of neighbouring properties.

 

13.  No loud speakers or amplification equipment shall be attached to ceilings or external walls in the A1 use premises.

 

REASON: In the interests of the amenity of future occupants and of neighbouring properties.

 

14.  The dwellings hereby approved shall achieve a level of energy performance at or equivalent to Level 4 of the Code for Sustainable Homes.  The dwellings shall not be occupied until evidence has been issued and submitted to, and approved in writing by, the local planning authority certifying that this level or equivalent has been achieved.

 

REASON: To ensure that the objectives of sustainable development equal or equivalent to those set out in Policy CP41 of the Wiltshire Core Strategy are achieved.

 

15.  Prior to the first occupation of the dwellings hereby approved wildlife friendly measures in the form of house sparrow nest box under the eaves/soffits of  new buildings on site and  bat enhancements with crevice spaces to new buildings shall have been installed in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

 

REASON: In the interests of enhanced biodiversity.

16.         Notwithstandingthe provisionsofthe TownandCountryPlanning(GeneralPermittedDevelopment)(England)Order2015(oranyOrderrevokingorre-enactingoramendingthatOrderwithorwithoutmodification),thereshallbenoadditionsto, orextensionsorenlargementsofanybuildingformingpartofthedevelopmentherebypermitted.

 

REASON:In the interestsofthe amenityoftheareaandto enablethe LocalPlanningAuthorityto considerindividuallywhetherplanningpermissionshouldbegrantedfor additions,extensionsorenlargements.

 

 

INFORMATIVES 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.

 

The applicant is advised that it is an offence to disturb nesting birds. Site clearance of vegetation should be undertaken outside the bird nesting season (March to the end of August) or immediately after an ecologist has confirmed the absence of active nests.

 

This decision should be read in conjunction with the listed building consent decision issued for application 17/04445/LBC and the conditions attached thereto.

 

The applicant is advised to contact Wessex Water with regard to new connections and in respect of any agreement that may be required with regard to the protection of existing infrastructure.

 

17/04445/LBC

Following the resolution to endorse the approval of application 17/03839/FUL, it was furthermore resolved to grant listed building consent, 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.            The development hereby permitted shall be carried out in accordance with the following approved plans:

 

1364/P/LOC received on 25 July 2017; 1364/P/01 P3 received on 25 July 2017; 1364/P/02 P2 received on 18 April 2017; 1364/P/03 P2 received on 18 April 2017; 1364/P/04 P2 received on 18 April 2017; 1364/P/05 P2 received on 18 April 2017; 1364/P/06 P3 received on 25 July 2017; 1364/P/07 P2 received on 18 April 2017; 1364/P/08 P2 received on 18 April 2017; 1364/P/09 P3 received on 25 July 2017

 

[insofar as they relate to the Listed Building No.3 High Street Warminster].

 

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

 

3.            No development shall commence on site until the following details have been submitted to and agreed in writing by the Local Planning Authority:

 

In respect of alterations and conversion of 3 High Street:-

 

Detailed drawings of the ground floor shop front at a scale of no less than 1:50;

A repair schedule for all the existing windows with sash windows to be repaired or be replaced on a like-for-like basis;

Details of conservation style roof lights, timber French doors and other new external doors and any canopies, natural slate roofing materials and new stone copings;

Details of the design of the new stairs at ground to the first floor level; and

A room by room survey of all surviving historic features (i.e. doors, skirtings, cornices etc.) and that such features identified are suitably reinstated; and,

 

In respect of the 2 residential units to be provided by the extension to the rear of No 3 High Street:-

 

A sample panel of the proposed Flemish bond brickwork and mortar colour;

New window details at a scale of 1:5 including horizontal and vertical sections, and detailing windows with rubbed brick arches and Bath stone cills.

 

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

 

Planning informative:

 

1.            This decision should be read in conjunction with the planning application decision issued for application 17/03839/FUL and the conditions attached thereto.