Agenda item

Change of use of existing buildings and part of site to a nursery school, to include proposed works to existing buildings

Public Participation

Barry Pirie, applicant, spoke in support of the application.

Cllr Richard Baxter, Longbridge Deverill  Parish Council, spoke in objection to the application.

Steven Vellance, planning officer, introduced the report which recommended approval be granted for the change of use of existing buildingsandpartof site toa nurseryschool, to include proposed works toexistingbuildings.

Matters highlighted included: that the application had been called in by the local member on grounds including car parking; the location of the site and the existing uses on the land; the support for the proposals from officers responsible for child care provision; the proposed elevations of the proposals and the site entrance for the new access; the existing boundary treatments and vegetation on the site; and the views of the highways officers.

Members of the Committee had the opportunity to ask technical questions of the officer, including clarification of the existing planning permissions on adjacent land.

The local division member, Councillor FleurDe Rhe-Philipe, then spoke in relation to the application stating that whilst she understood the objections of the parish council, she considered that the matters raised had been mitigated against successfully.

Upon the proposal of Councillor Jonathon Seed, seconded by Councillor Ernie Clark, at the conclusion of debate, it was unanimously;

Resolved

To Approve the planning application 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 development hereby permitted shall be carried out in accordance with the following approved plans: Drawing 10203-P01 Rev B - Existing Location Plan received on 03.11.2017; Drawing 10203-P02 Existing Elevations received on 03.08.2017; Drawing 10203-P03 Existing floor Plans received on 03.08.2017; Drawing 10203-P04 Rev B Proposed Block Plan received on 03.11.2017; Drawing 10203-P05 Proposed elevations received on 03.08.2017; Drawing 10203-P06 Proposed floor Plan received on 03.08.2017; Drawing 10203-P07 Existing site plan received on 03.08.2017; Drawing 10203-P08 Proposed Site (Land Identification) Plan received on 26.09.2017

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

3. The development hereby approved shall not be brought into use (in relation to the conversion and extension to the stable building) until a scheme for the discharge of foul water has been submitted to, approved in writing by the Local Planning Authority, and completed.

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

NOTE: If the applicant proposes to use an existing system, the applicant is hereby required to confirm that it is adequate and has the necessary capacity to accommodate the proposed increased use.

4. The development hereby approved shall not be brought into use (in relation to the conversion and extension to the stable building) 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 and location of top ground water level to ensure that the base of any soakaway is at least 1m of unsaturated soil above the agreed top water level of ground water taking into account seasonal variations, has been submitted to, approved in writing by the Local Planning Authority, and completed.

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

5. No part of the development hereby approved shall be brought into use until the access, drop off area and parking spaces have been completed in accordance with the details shown on the approved plans. Thereafter, the areas shall be maintained for those purposes at all times for the lifetime of the development.

REASON: In the interests of highway safety.

6. No part of the development hereby approved (in relation to the conversion and extension to the stable building) shall commence until the exact 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.

7. No part of the development hereby approved (in relation to the conversion and extension to the stable building) shall be brought into use until the access has been widened, the existing gates have been permanently removed and the visibility improvement works along the western site boundary (as illustrated on plan drawing 10203-PO4 Rev B) have been completed to achieve improved visibility from a point measured 2.4m back into the access measured from the carriageway edge, to a point measured 210m to the nearside carriageway edge in a northerly direction. The visibility splay thus provided shall thereafter be maintained.

REASON: In the interests of highway safety.

8. The maximum number of children at the nursery shall be 24, as stated within the accompanying Design and Access Statement.

REASON: To define the terms of the permission and the interests of highway safety and because this permission is granted having regard to the particular circumstances advanced in support of the application.

9. The development shall be carried out in strict accordance with the measures stipulated in the Discussion and Conclusions section of the approved Extended Phase 1 Ecological Survey Report (produced by Stark Ecology Ltd and dated November, 2017) with respect of the need to time the works during the winter and outside of the nesting birds season (which is March to August inclusive).

REASON: To ensure appropriate mitigation for nesting birds, and to ensure compliance with wildlife legislation, Core Policy 50 of the Wiltshire Core Strategy and the NPPF.

10. No part of the development hereby approved (in relation to the conversion and extension to the stable building) shall commence until the exact details of the ecological enhancement and mitigation measures for bats and birds as recommended in the Discussion and Conclusions section of the approved Extended Phase 1 Ecological Survey Report have been submitted to and approved in writing by the Local Planning Authority. Details must include the number, specification and location of the features to be incorporated within the development and this shall also be shown on a site plan. Thereafter, the ecological enhancement measures for roosting bats and nesting birds shall be installed in accordance with the approved details and plan.

REASON: To ensure appropriate compensation for nesting birds and enhancement for bats in accordance with Core Policy 50 of the Wiltshire Core Strategy and the NPPF.

11. No new external lighting shall be installed at the application site without prior written approval from the local planning authority. Any plans for new lighting must be submitted to the local planning authority for consideration and approval and must include details of mitigation measures to minimise the potential for impacts on foraging and commuting bats at the site. Thereafter, new lighting must be installed and operated in strict accordance with the approved lighting plan.

REASON: To ensure appropriate mitigation for bats, and to ensure compliance with wildlife legislation and Core Policy 50 of the Wiltshire Core Strategy.

12. Notwithstanding the provisions enshrined within The Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting or amending those Orders with or without modification) the development hereby approved shall be used as a nursery school falling within use class D1 and for no other purpose (including any other purpose in Class D1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended) (or in any provisions equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification).

REASON: The proposed use is acceptable but the Local Planning Authority wish to consider any future proposal for a change of use having regard to the circumstances of the case and site location.

Informatives:

Pursuant to conditions 3 and 4, the surface water and foul water discharge treatment needs to satisfy Environment Agency guidelines. Non domestic supplies required for firefighting or commercial use would require a separate assessment with network modelling subject to design requirements. The applicant should make contact with Wessex Water to agree new water connections.