Pair of steel driveway gates at Old Stable House, Melksham

What was proposed

A pair of inward-opening steel gates would control access to the private driveway and courtyard behind the High Street frontage.

“The proposal seeks planning permission for the installation of a new pair of metal driveway gates within the existing private alleyway access serving Old Stable House (12A High Street), set between Nos. 12 and 14 High Street. The gates are proposed as an asymmetric steel pair, inward‑opening, 1.83 m in height, that would be fixed partly to the listed building at No. 14 and partly to a new gate post adjacent to No. 12.”

Officer report

The site and surroundings

The narrow private alley lies in a conservation area between two Grade II listed buildings and serves Old Stable House and its rear buildings.

“The application site comprises a narrow private alleyway leading directly off Melksham High Street within the Melksham Conservation Area, situated between two Grade II listed buildings at 12 and 14 High Street. The alleyway is not a public right of way and functions…”

Officer report

Earlier planning history

Earlier approved applications covered a change to multiple occupation and the conversion of two commercial buildings to homes with associated works.

“Reference No. Proposal / Summary Decision W/86/00563/FUL Change of use from domestic accommodation to multiple occupation (6 bed sits) Approved PL/2022/02903 Permanent change of use of 2 buildings from use class E (commercial, business and service) to class C3 (dwellinghouses). Construction of ground floor rear extension to one building (building A) to form kitchen. Replacement of all windows and external doors on all 3 buildings with upvc double glazed units.”

Officer report

Consultation responses

The town council objected, while conservation officers and highways officers raised no objection, subject to controlling the gates’ finish.

“Melksham Town Council – Objects on the basis of the impact of the gate on the conservation area and concerns relating to access for neighbours (although the TC note that the latter point is not a material consideration).”

“Conservation (Wiltshire Council) – No objection, subject to a condition to ensure that the final finish of the gates is controlled so that their appearance remains appropriate to the listed buildings and conservation area.”

Officer report

Objections from residents

Two households objected that the gates could restrict access, create safety hazards, cause disturbance and harm the listed building and conservation area.

“The application was publicised by letters posted to near neighbours, and a publicly displayed site notice. Three comments of objection have been received from two households citing the following points of concern:”

“The proposed lockable gates (across a narrow-shared access) would impede safe and convenient pedestrian and vehicular movement, creating potential hazards where vehicles may be required to stop, wait or manoeuvre in constrained positions.”

Officer report

Who spoke

Three local residents spoke against the applications, while the chairman read a statement supporting them from the applicant.

What members discussed

Members discussed access rights, emergency situations, gate design, future ownership and electrification, and whether an informative provided enough reassurance.

“Members of the Committee then had the opportunity to ask technical questions to the officers and sought clarification on the design of the gate, access rights, particularly in emergency situations, and the legal enforceability of such rights. Further queries were raised relating to future ownership changes and potential electrification of the gates.”

“In response, officers, alongside the legal representative, advised Members that a Section 106 legal agreement or unilateral undertaking to protect third party access rights could not be justified in this instance and that planning permissions could not require the provision of keys or codes as an enforceable obligation.”

Minutes

The committee’s decision

The committee granted planning permission and listed building consent with three conditions for each, adding an informative about access keys or codes.

“At the conclusion of the debate, Councillor Charlie Stokes moved the officer recommendations for both the planning application, with the inclusion of an informative relating to third-party access rights, and the listed building consent application, which was seconded by Councillor Christopher Newbury.”

“The Committee GRANTED listed building consent, subject to the following conditions:”

Minutes

The vote

A councillor’s vote against the planning application was recorded.

“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.”

“Councillor Andrew Davis requested that his vote against the planning application be recorded.”

Minutes