Agenda item

Proposed dwelling on site of former horticultural buildings.

Public Participation

Mr Howard Waters, Agent, spoke in support of the application.

Nick Clark, Senior Planning Officer presented a report which recommended that planning permission be refused for a Proposed dwelling on site of former horticultural buildings.

Key details were stated to include the following:

The application followed a previous proposal considered by the Committee in October 2017, which was refused. As with that proposal, the main issues to be considered were the impact of the development on the setting of Devizes Castle as a Scheduled Monument and the grade 1 listed Victorian castle, the associated grade 2 castle walls and the nearby grade 1 St John’s Church and grade II Sexton Cottage, and impacts in terms of the archaeological potential of the site and the Devizes Area of Minimum Change.

The current application had been scaled down and was situated in a different location within the site, namely on the site of the former glass houses. It was stated that the current application addressed previous archaeological and ecological concerns, but not the impact on designated heritage assets and therefore the recommendation was to refuse planning permission.

Members of the committee then had the opportunity to ask technical questions of the officer. In response the officer stated that although the site itself was not in a conservation area, the setting of the surrounding conservation areas and heritage assets and the impact on them was still relevant. It was confirmed that the proposed building was intended as a dwelling to live in.

Members of the public then had the opportunity to present their views, as detailed above.

The unitary division member, Cllr Sue Evans, spoke in support of the application.

In response to public statements the officer stated that although the archaeologist was happy with regards to below ground archaeology, she still had objections due to the impact of the proposal on the setting of the historic monuments. Historic England also had objections. The agent had stated that the proposed scheme would be an improvement to the site, as the ruins of the glass houses were unsightly. However, if approved, the application would result in a permanent change to the setting of the castle, rather than replacing derelict transient buildings with new transient buildings (e.g. glass houses). It was stated that the setting of the site was vital when considering the application.

In response to further questions from the committee, it was stated that if approved, the applicant would be able to fence in their garden. The origin of the Area of Minimum Change was confirmed as a saved policy from the Kennet Local Plan. The policy (Policy HH10) states that planning permission will not be granted for development that would materially damage the character of an Area of Minimum Change. The relatively undeveloped nature of the Area designated around the Castle was thus recognised and protected by the policy. It was stated that Devizes Town Council had no objections, rather than being supporters of the application. It was also stated that just because buildings had been allowed to fall into dereliction (in this case the glass houses) this should not enhance the chances of gaining planning permission.

A debate followed, whereby the key issues raised included the fact that in one members opinion the application met Wiltshire Council Core Policies 57 and 58, that the building enhanced the site and that officers objections were the same as those raised against the original application, not taking account of the changes that had been made to the application.

Other members disagreed stating that the original objections stand and that the building does not enhance the site, as evidenced by the formidable list of objectors.

Further points raised included the fact that much had been made of the attractiveness, or not, of the dwelling in the current application, however this was not felt to be relevant. The site should be considered, if approved a building and garden would be located there which would change the setting. The benefit of one house could not be seen and would have a negative impact on the setting. Other members stated that the Castle setting should always be preserved.  

During debate a motion to refuse the application, as per the officer recommendation was moved by Cllr Mark Connolly and seconded by Cllr Paul Oatway.

At the conclusion of the debate it was;

Resolved:

That planning permission be REFUSED as per the officer recommendation.

Reason

The application site occupies a sensitive heritage setting in the designated Area of Minimum Change on the slopes at the base of the Devizes Castle mound, where the largely undeveloped nature of the land and its residual character as former gardens to the castle contribute to the heritage significance of the Scheduled Monument and Grade I listed castle. Within this setting, the proposed dwelling would be visible from a number of directions. The significant size and elevated position of the dwelling and the associated access and garden accoutrements would be detrimental the character and appearance of the site and would intrude upon the heritage setting of the castle and particularly the relationship between the castle and the grade I listed St John's Church, resulting in less than substantial harm to their heritage significance. As such, the development would be contrary to saved Kennet Local Plan policy HH10, Core Policies 57 and 58 of the Wiltshire Core Strategy, and in the absence of public benefits sufficient to outweigh the harm, the National Planning Policy Framework.