Agenda item

Demolition of garages and erection of pair of semi-detached houses.

Public Participation

Mr Richard Cosker, Agent, RCC Town Planning, spoke in support of the application.

Mike Wilmott, Head of Development Management, presented a report which recommended that planning permission be granted subject to conditions for the demolition of garages and erection of pair of semi-detached houses.

Key details were stated to include the following: The application site was located off Waiblingen Way in Devizes which was situated in the North Western part of the town. The site currently consisted of 2 rows of garages with turning space in front (21 garages in total). These were privately rented off Aster properties Ltd. 5 of the garages were still in use but these could be accommodated elsewhere.

The application proposed the demolition of the existing garage block and erection of a pair of semi-detached 3 bed dwellings.

The site was located within the Limits of Development (LoD) of Devizes which was classified as a Market Town within the WCS. Under Core Policies 1 and 2, new residential development of this scale was permitted as it was within the LoD.

The site was classified as brownfield land. The WCS highlights the benefits of developing this land first in preference to greenfield sites.

In accordance with the WCS, the Devizes NP allows for this type of development as it is within its settlement boundary.

The proposed development was considered to be acceptable in principle. The design of the scheme met the standards set out in Core Policy 57 of the WCS and it would not have any harmful impacts to landscape character thus also complying with Core Policy 51.

Whilst concerns had been raised about the loss of parking, the Local Highway Authority had raised no objections to the development. The applicants had demonstrated that the loss of the garages would not result in an increase on-street parking as other empty garages on the estate exist that could be taken up.

There were no late observations or technical questions.

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

The unitary division member, Cllr Sue Evans, spoke in objection to the application. Cllr Evans concerns were mainly around the behaviour of Aster Group. It was felt that they raised prices on the garage units deliberately in order to make it unaffordable for tenants, causing them to stop renting and enabling Aster to develop the land.

Cllr Mark Connolly proposed a motion to grant planning permission, as per the officer recommendation. This was seconded by Cllr Paul Oatway QPM.

A debate followed where some Cllrs raised concerns regarding the series of Aster applications which developed garage sites that had been coming to the Committee and the behaviour of the group in relation to this, for example raising rents. Some of the Cllrs had visited Aster Group to raise these issues and Aster had stated that these issues were being addressed. They had agreed to develop policies regarding community engagement and had agreed to communicate these once developed, hopefully by coming to the Devizes Area Board to present them.

Some Cllr felt this was not an unreasonable application and they would support it.

Others felt that when taken in isolation, there was not any valid planning reason to refuse it. However, they felt uneasy as there was a pattern and Aster Group needed to recognise that although garages were no longer used very much, parking needs must be met.  

At the conclusion of the debate it was;

Resolved:

That planning permission be granted, with conditions, as per the officer recommendation.

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 and documents:

•           Application Form

•           Drg. Ref: Location _ 1796-OS.dwg

•           Drg. Ref: P1-1796-Planning.dwg

•           Drg. Ref: BDS-09-18 - Topographical Survey

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

3          No development shall commence on site above ground floor slab level 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: 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 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

4          No part of the development hereby permitted shall be first occupied until the access, and parking spaces (surfaced in a consolidated material, not loose stone or gravel) 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

5          No development shall commence on site above ground floor slab level until a scheme for the discharge of surface water from the site (including surface water from the access/driveway), incorporating sustainable drainage details, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be first occupied until surface water drainage has been constructed in accordance with the approved scheme.

REASON: In order that the development is undertaken in an acceptable manner, to ensure that the development can be adequately drained.

6          No development shall commence on site above ground floor slab level until details of the works for the disposal of sewerage including the point of connection to the existing public sewer have been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be first occupied until the approved sewerage details have been fully implemented in accordance with the approved plans.

REASON: In order that the development is undertaken in an acceptable manner, to ensure that the proposal is provided with a satisfactory means of drainage and does not increase the risk of flooding or pose a risk to public health or the environment.

7          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.

8          INFORMATIVE:

The consent hereby granted shall not be construed as authority to carry out works on the highway.  The applicant is advised that a license will be required from Wiltshire's Highway Authority before any works are carried out on any footway, footpath, carriageway, verge or other land forming part of the highway. Please contact our Vehicle Crossing Team on vehicleaccess@wiltshire.gov.uk and/or 01225 713352.