Agenda item

Public participation

Paul Kavanagh, long leaseholder, spoke in objection to the application.

Simon Chambers, the agent, spoke in support of the application.

The Planning Officer, Lee Burman, introduced a report which recommended granting planning permission, subject to conditions, for the removal of conditions 8, 9 & 10 of application reference N/10/03612/S73A to allow unrestricted residential occupancy of units 3, 5, 6, 8, 10 &11 and 20-25.

Attention was drawn to the late list of observations provided at the meeting and attached to these minutes.

Key issues highlighted included: the principles of the development proposal and compliance or conflict with the development plan; the viability of the existing units of accommodation with the currently attached conditions restricting the scope and nature of the residential use and occupancy; whether the properties have been marketed appropriately reflecting the restrictive occupancy conditions and residential amenity.

Members of the Committee then had the opportunity to ask technical questions

of the officer which focused on: the valuations of the properties; whether the properties have been marketed appropriately reflecting the restrictive occupancy conditions and residential amenity; the viability of the existing units of accommodation with the currently attached conditions restricting the scope and nature of the residential use and occupancy.

Members of the public then had the opportunity to address the Committee, as

detailed above.

Cllr Chuck Berry, Division Member, spoke regarding the application with the main points focusing on: the use of the development as both residential and holiday let/accommodation; the Oaksey Neighbourhood Plan and whether or not the material considerations as detailed in the report outweigh Policy 3 Holiday Accommodation, Leisure & Recreation of the made neighbourhood plan.

At the start of the debate a proposal was moved by Cllr Toby Sturgis, seconded by Cllr Peter Hutton to grant planning permission as detailed in the report.

During the debate the main points raised were: the Oaksey Neighbourhood Plan; the need to give weight to the overwhelming material considerations as detailed in the report; the National Planning Framework; the suitability of the current waste collection; the effect of residential usage on local businesses within the park infrastructure; the character and appearance of the area and residential amenity.

Resolved

That planning permission is approved, subject to the conditions below and the completion of a S106 agreement within 6 months of the date of the Committee resolution to vary the existing agreement to apply to this permission; address open space requirements; and prevent the Applicant from building out phase 4 of planning permission ref N/10/03612/S73A without demonstrating to the Council’s reasonable satisfaction (to be confirmed in writing and such approval not to be unreasonably withheld or delayed) that there is demand for the units contained within phase 4. In the event that the applicant declines to enter into the s106 agreement to refuse permission for the following reasons:

1.    The application fails to make provision for the requisite services, facilities and infrastructure needs arising from the proposals and is therefore contrary to Wiltshire Core Strategy Policy CP3 and paras 54 and 56 of the National Planning Policy Framework June 2019.

2.    The material circumstances supporting and justifying a decision otherwise than in accordance with the development strategy of the plan as set out in Wiltshire Core Strategy policies CP1, CP2 & CP13; and Oaksey Neighbourhood Plan Policy P3 have not been demonstrably established as evidence is available to indicate an intent to erect further holiday lets at the site.

CONDITIONS

1.    The area between the nearside carriageway edge and lines drawn between a point 2.4 metres back from the carriageway edge along the centre line of the access and points on the carriageway edge 160m back from and on both sides of the centre line of the access shall be kept clear of obstruction to visibility at and above a height of 900mm above the nearside carriageway level and maintained free of obstruction at all times.

REASON: In the interests of highway safety.

2.    The development hereby permitted shall be served solely from the access shown in drawing c310/1.

REASON: In the interests of highway.

3.    The workshop / estate yard shall be used only for purposes ancillary to the golf course.

REASON: To prevent an inappropriate independent use.

4.    The development hereby permitted relates solely to units 3, 5, 6, 8, 10 &11 and 20-25 Inclusive as shown on site layout plan received 19/09/2019.

REASON: In the interests of proper planning.

5.    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any Order revoking or re-enacting or amending that Order with or without modification), no buildings or structures, or gate, wall, fence or other means of enclosure, other than those shown on the approved plans, shall be erected or placed anywhere on the site on the approved plans.

REASON: To safeguard the character and appearance of the area.

6.    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any Order revoking or re-enacting or amending that Order with or without modification), no window, dormer window or rooflight, other than those shown on the approved plans, shall be inserted in the roofslope(s) of the development hereby permitted.

REASON: In the interests of residential amenity and privacy.

7.    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any Order revoking or re-enacting or amending that Order with or without modification), there shall be no additions/extensions or external alterations to any building forming part of the development hereby permitted.

REASON: In the interests of the amenity of the area and to enable the Local Planning Authority to consider individually whether planning permission should be granted for additions/extensions or external alterations.

INFORMATIVE TO APPLICANT:

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.

INFORMATIVE TO APPLICANT:

This permission shall be read in conjunction with an Agreement made under Section 106 of the Town and Country Planning Act, 1990 and dated the XX/XX/XXXX.

INFORMATIVE TO APPLICANT:

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.