Agenda item

Public participation

 

Richard Cosker, the agent, spoke in support of the application.

 

Cllr Philip Exton, Malmesbury Town Council, spoke in objection to the application.

 

The Planning Officer, Catherine Blow, introduced a report which recommended granting planning permission, subject to conditions, for the change of use from an A3 cafe to single dwelling house. The proposed refurbishment & internal alterations are to facilitate the change of use.

 

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

 

Key issues highlighted included: the principle of development; the impact on the listed building and conservation area; the design and site layout; the impact on the locality and amenity and highways concerns.

 

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

of the officer which focused on the viability of the property as a café and the provision of adequate residential parking.

 

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

detailed above.

 

Cllr Gavin Grant, Division Member, spoke regarding the application with the main points focusing on the impact on the locality and amenity; impact on the vitality and viability of the town centre; the importance of protecting existing services and facilities; parking concerns and the impact on the listed building and conservation area.

 

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

 

During the debate the main points raised were: the Malmesbury Neighbourhood Plan; the importance of protecting existing services and facilities; the impact on the locality and amenity; the impact on the town centre’s retail offering, vitality and viability and parking concerns.

 

Following the debate, the motion was defeated.

 

A proposal was then moved by Cllr Gavin Grant, seconded by Cllr Brian Mathew to refuse planning permission, contrary to the officer recommendation.

 

The Development Management Team Leader, Lee Burman, advised the Committee that without sound reasoning which addressed the material considerations relevant to the determination of the application and the basis for the officer recommendation, refusing planning permission would leave the Local Planning Authority open to appeal.

 

This motion was also defeated.

 

The original proposal, to grant planning permission as detailed in the report, was then put back to the Committee by Cllr Ashley O’Neill, seconded by Cllr Peter Hutton.

 

This motion was carried.

 

A proposal was moved by Cllr Tony Trotman, seconded by Cllr Peter Hutton, to grant listed building consent as detailed in the report.

 

This motion was defeated.

 

A proposal was then moved by Cllr Gavin Grant, seconded by Cllr Brian Mathew, to refuse listed building consent, contrary to the officer’s report.

 

The Development Management Team Leader again advised the Committee that without sound reasoning which addressed the material considerations relevant to the determination of the application and the basis for the officer recommendation, refusing planning permission would leave the Local Planning Authority open to appeal.

 

The original proposal, to grant listed building consent as detailed in the report, was then moved by Cllr Ashley O’Neill, seconded by Cllr Peter Hutton.

 

This motion was carried.

 

Resolved

 

That planning permission is approved 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: 33772-3 received on 21st May 2019 and 1925/1 Rev F received on 8th October 2019.

 

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

 

3.    No part of the development shall be occupied, until details of secure covered cycle parking and any enclosure for refused storage together with a timetable for their provision, have been submitted to and approved in writing by the Local Planning Authority. These facilities shall be provided in accordance with the approved details and timetable and shall be retained for use at all times thereafter.

 

REASON: To ensure that satisfactory facilities for the parking of cycles are provided and to encourage travel by means other than the private car and to protect the character, appearance and setting of the listed building and Conservation Area.

 

INFORMATIVE TO APPLICANT:

The applicant should note that the grant of planning permission does not include any separate permission which may be needed to erect a structure in the vicinity of a public sewer. Such permission should be sought direct from Thames Water Utilities Ltd / Wessex Water Services Ltd. Buildings are not normally allowed within 3.0 metres of a Public Sewer although this may vary depending on the size, depth, strategic importance, available access and the ground conditions appertaining to the sewer in question.

 

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.

 

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:

The applicant is reminded of the need to obtain separate listed building consent for certain works in addition to this. This decision should be read in conjunction with listed building consent 19/05290/LBC.

 

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.

 

That listed building consent approved 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: 33772-3 received on 21st May 2019 and 1925/1 Rev F received on 8th October 2019.

 

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

 

3.    Notwithstanding the approved drawings, no works shall commence until details of the following have been submitted to and approved in writing by the Local Planning Authority:

 

- Large scale details for all new or replacement external doors, gates, shutters and windows shown on elevations at a scale of no less than 1:10 (doors, gates and shutters), 1:5 (windows) and horizontal and vertical sections including setbacks and reveals at a scale of no less than 1:5 (doors, gates & shutters), 1:2 (windows);

- Large scale details for all new or replacement internal doors, stairs, skirtings and partitions shown on elevations at a scale of no less than 1:10 (doors), 1:5 (stairs), 1:2 (skirtings) and horizontal and vertical sections including setbacks and reveals at a scale of no less than 1:5 (doors & stairs), 1:2 (partitions and skirtings);

- Full details of any new flues, vents, meter boxes or mechanical extracts, including service routes and exit points;

 

The works 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 before development commences in order that the development is undertaken in an acceptable manner, in the interests of preserving the character and appearance of the listed building and its setting.

 

4.    Within 3 month(s) of the completion of the approved works being carried out, all adjoining surfaces which have been disturbed by the works (including brickwork, plaster and floor tiles) shall be made good with materials and finishes to match those of existing undisturbed areas surrounding the new opening.

 

REASON: In the interests of preserving the character and appearance of the listed building and its setting.

 

INFORMATIVE TO APPLICANT:

The applicant is reminded of the need to obtain separate planning permission for certain works in addition to this listed building consent. This decision should be read alongside planning consent 19/04927/FUL.

 

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:

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.