At Monday’s (20 March) meeting of the Town Council Planning Committee Councillors voted unanimously to object to an application (PL/2023/00375) for construction of a new property in Kelham Gardens, on the site adjacent to the former gasometer and where there had been originally approval for a commercial car park.
There is history regarding this site, in so far that a previous application – 20/08715/FUL – had been approved in February 2021, but with very specific conditions. A recent application (PL/2023/00370), submitted in January to ‘discharge’ these conditions was rejected by Wiltshire Council.
But construction work had already started on this site – see above pic – without consideration to the conditions set and in contravention of the subsequent rejection of the discharge application. So Wiltshire Council noted that work had already commenced and – in the name of the Head of Development Management, Andrew Guest issued the following instruction:
‘Development on the site has already commenced in breach of a number of planning conditions and is thus unlawful. Works should cease immediately.’
To complicate issues further this area has a wayleave for vehicular access (for large lorries) for Thames Water to be able to serve the pumping station.
The decision of the Town Council Planning Committee was thus:
RESOLVED: that Marlborough Town Council objects to this application on the grounds of the removal of a vehicular right of way for Thames Water or its contractors, concerns about the risks from contamination, highways safety at the access point, possible risk of the loss of roadside parking spaces, and the applicant ignoring planning conditions related to 20/08715/FUL
Members noted that enforcement action had been taken and asked the Town Clerk to urge the Officers to progress a resolution as soon as possible . Councillor Thomas – also Wiltshire Councillor for Marlborough East – agreed to call in the application for discussion at the Eastern Area Planning Committee.