Agenda item

Conversion of former agricultural buildings to 9 residential dwellings

Public Participation

Ian Donoghue spoke in support of the application

 

The Senior Planning Officer, Matthew Legge introduced the report, which recommended that the application for Conversion of former agricultural buildings to 9 residential dwellings be approved.

 

It was noted that the site had been used as a piggery and had been left derelict for a number of years.

 

The applicant already had permissions for development of other dwellings on the site. The site entrance was approved in 2013.

 

Attentions was drawn to the late correspondence circulated at the meeting.

 

Member then had the opportunity to ask technical questions of the Officer. It was clarified that the reason for the application coming to committee had been omitted from the report, it was detailed in the late correspondence as:

 

Councillor Chris Devine has called this application into the planning committee with the following concerns that the development is contrary to:

 

·       The Wiltshire Core Strategy – as published

·       This is not in the `emerging` Neighbourhood Plan

·       This is an Agricultural site

·       The current planning policy does not state that agricultural brown field sites may become housing

·       This is an SLA and such a development would detract from that

·       The local highways infrastructure would not support another 35 cars

·       Outside the current HPB

 

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

 

The Unitary Division Member Cllr Chris Devine then spoke in objection to the application, noting that this was never in the plans for Wintersow. There was an emerging NHP, which was due to go out on a final run around the village before going to Wiltshire Council for adoption.

 

The proposed site was way outside of the village, on a narrow road. There were issue with infrastructure in Winterslow. The parish council did not support this application. There would be 36 vehicles on this site, making up to 150 movements on and off the site each day, which would impact on the road which was used by horses.

 

These homes would bring lots of additional people into the area, which was next to Benley Wood. It was never meant for development. It could be turned back in to agricultural land. This was a corruption of CP48. There was not the highways infrastructure to take another 35 cars.

The NHP was nearly completed and identified other sites for development.

 

Cllr Devine then moved the motion of refusal this was seconded by Cllr McLennan.

 

A debate followed where key issues raised included that the site was not included in the emerging NHP and was not supported by the parish council.

 

The development was of an attractive design, an imaginative and was a good reuse of this land.

 

The NHP was never intended to stop things from being developed, Wiltshire Council had core policies designed to do that. The NHP was the communities option to add to that, not to detract.

 

This does not need the support of a NHP, the application stands or falls on CP48. We should have life in the countryside. The use of buildings was better than demolishing them.

 

 

The Committee then voted on the motion of refusal. The motion was not carried.

 

The Chairman then moved the motion of approval with conditions, this was seconded by Cllr Green.

 

Resolved:

That application 17/06734/FUL be approved with the following conditions:

 

1. Thedevelopmentherebypermitted shallbe begunbefore the expiration of three yearsfrom the dateofthispermission.

 

REASON: To complywiththeprovisionsofSection91 oftheTownand Country PlanningAct1990 asamendedby thePlanningand CompulsoryPurchaseAct 2004.

 

2. Thedevelopmentherebypermittedshall becarriedout inaccordancewith the followingapproved plans:

 

 

DRG No. Site Location Plan                   29/08/2017

DRG No. SL01C (Site Layout Plan)       24/10/2017

DRG No. SL02A (Drainage Layout)       24/10/2017

 

DRG No. P.1-5.pe (Proposed units 1-5)   03/08/2017

DRG No. P.6-7.pe (Proposed units 6-7)   03/08/2017

DRG No. P.8-9.pe (Proposed plots 8-9)   03/08/2017

DRG No. GAR.pe (Garage – plots 5&6)   24/10/2017

 

Demolition Plan in Page 9, Section 3.0 of the Planning Statement (Southern Planning Practice Ltd) received on 17 November 2017

 

Ecology Report by Kingfisher Ecology. Ref CFS-021117 and dated 29/11/2017

 

REASON:For theavoidanceofdoubt and in theinterestsofproper planning.

 

3. No development shall commence on site until an investigation of the history and current condition of the site to determine the likelihood of the existence of contamination arising from previous uses has been carried out and all of the following steps have been complied with to the satisfaction of the Local Planning Authority:

Step (i)            A written report has been submitted to and approved by the Local Planning Authority which shall include details of the previous uses of the site for at least the last 100 years and a description of the current condition of the site with regard to any activities that may have caused contamination.  The report shall confirm whether or not it is likely that contamination may be present on the site.

Step (ii)            If the above report indicates that contamination may be present on or under the site, or if evidence of contamination is found, a more detailed site investigation and risk assessment shall be carried out in accordance with DEFRA and Environment Agency’s “Model Procedures for the Management of Land Contamination CLR11” and other authoritative guidance and a report detailing the site investigation and risk assessment shall be submitted to and approved in writing by the Local Planning Authority. 

Step (iii)           If the report submitted pursuant to step (i) or (ii) indicates that remedial works are required, full details have been submitted to the Local Planning Authority and approved in writing and thereafter implemented prior to the commencement of the development or in accordance with a timetable that has been agreed in writing by the Local Planning Authority as part of the approved remediation scheme. On completion of any required remedial works the applicant shall provide written confirmation to the Local Planning Authority that the works have been completed in accordance with the agreed remediation strategy.

REASON:  To ensure that land contamination can be dealt with adequately prior to the use of the site hereby approved by the Local Planning Authority.

4. Nopartofthedevelopmentshall beoccupied/firstbroughtintouse untilall theexistingbuildings onsite (as identified for demolition within page.9/section 3.0 of the updated Planning Statement (Southern Planning Practice Ltd) received on 17 November 2017) havebeen permanentlydemolishedand all of the demolition materialsand debris resultingtherefrom hasbeen removedfrom the site.

 

REASON: In the interests of the characterand appearance of the area and neighbouringamenities.

 

5. Nodevelopmentshallcommenceon siteuntiltheexactdetailsand samplesof the materials to be used forthe external wallsand roofshave been submitted to andapprovedinwritingby theLocal PlanningAuthority.Developmentshallbe carriedoutinaccordancewith theapproveddetails.

 

REASON:Theapplicationcontainedinsufficientinformationtoenablethis matter to be consideredprior to grantingplanningpermission.

6. Norailings, fences, gates,walls,bollardsand othermeansofenclosure developmentshallbe erectedinconnection withthedevelopment hereby permitteduntil detailsoftheirdesign,external appearanceand decorativefinish havebeen submitted to andapprovedinwritingby theLocal PlanningAuthority. Developmentshallbe carriedout inaccordance withtheapproveddetailspriorto the development beingoccupied.

 

REASON: In the interestsofvisualamenityand thecharacterand appearance of the area.

 

7. No developmentshallcommenceon siteuntila scheme of hardand soft landscapinghasbeensubmitted to andapprovedinwritingby the LocalPlanning Authority,thedetailsofwhichshallinclude:-

 

•locationandcurrentcanopyspreadofallexistingtreesandhedgerowsonthe land;

• fulldetailsof anytoberetained,togetherwithmeasuresfortheir protectioninthe courseof development;

• adetailedplantingspecificationshowingallplantspecies,supplyandplanting sizesandplantingdensities;

•  finishedlevelsandcontours;

•  othervehicleandpedestrianaccessandcirculationareas;

•  allhardandsoftsurfacingmaterials;

 

REASON:Theapplicationcontainedinsufficientinformationtoenablethis matter to be consideredprior to grantingplanningpermission

 

8. Allsoftlandscapingcomprisedin the approveddetailsoflandscapingshallbe carriedoutinthefirstplantingand seedingseasonfollowingthefirstoccupation of the building(s)orthe completionofthedevelopmentwhicheveristhesooner; All shrubs,treesand hedgeplantingshallbe maintainedfreefromweedsand shallbe protected from damageby verminand stock.Anytreesorplantswhich, withina periodof fiveyears,die,areremoved,or becomeseriouslydamagedor diseasedshallbe replacedinthenextplantingseason withothersofa similar sizeand species,unlessotherwiseagreedinwritingby thelocalplanning authority.  Allhardlandscapingshallalsobe carriedout inaccordancewiththe approveddetailspriortotheoccupationofany partofthedevelopmentor in accordancewitha programme to be agreedin writingwiththeLocal Planning Authority.

 

REASON:Toensurea satisfactory landscapedsettingfor thedevelopmentand theprotectionofexistingimportantlandscapefeatures.

 

9. No development shall take place on site, including site clearance, storage of materials or other preparatory work, until an Arboricultural Method Statement, has been submitted to the Local Planning Authority and approved in writing, Thereafter the development shall be undertaken only in accordance with the approved details, unless the Local Planning Authority has given its prior written consent to any variation.

 

The Arboricultural Method Statement shall show the areas which are designated for the protection of trees, shrubs and hedges, hereafter referred to as the Root Protection Area. Unless otherwise agreed, the RPA will be fenced, in accordance with the British Standard Guide for Trees in Relation to Construction (BS.5837: 2005) and no access will be permitted for any development operation.

 

The Arboricultural Method Statement should specifically include details of how demolition (of buildings and hard surfacing) will be carried out without causing root damage to adjacent trees.

 

The Arboricultural Method Statement shall include provision for the supervision and inspection of the tree protection measures. The fencing, or other protection which is part of the approved Statement shall not be moved or removed, temporarily or otherwise, until all works, including external works have been completed and all equipment, machinery and surplus materials removed from the site, unless the prior approval of the Local Planning Authority has been given in writing.

 

REASON: To comply with the duties indicated in Section 197 of the Town and Country Planning

Act 1990, so as to ensure that the amenity value of the most important trees, shrubs and hedges

growing within or adjacent to the site is adequately protected during the period of construction.

 

10. Nopartofthedevelopmenthereby permittedshallbe broughtintouse until the access,turningareaand parkingspaceshave beencompletedinaccordancewiththedetailsshownon theapprovedplans. The areasshall bemaintainedfor thosepurposesat all timesthereafter.

 

REASON:Intheinterestsofhighwaysafety.

 

11. The development hereby approved shall not be first occupied until a scheme for the future maintenance of the roads and other communal areas has been submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure that satisfactory arrangements for the future maintenance of those areas are in place.

12. Notwithstandingtheprovisionsof the Townand CountryPlanning(General PermittedDevelopment)(England) Order2015 (orany Order revokingor re- enacting oramendingthose Orders with orwithout modification),no development withinPart1,ClassesA-Hshalltake placeon thedwellinghouses herebypermittedorwithintheircurtilage.

 

REASON:Intheinterestsoftheamenityoftheareaand toenabletheLocal PlanningAuthoritytoconsiderindividuallywhetherplanningpermissionshould begrantedfor additions,extensionsor enlargements.

 

13. Nodevelopmentshall commence onsiteuntil ascheme for thedischargeof surface water from the site(includingsurface water from the access/driveway), incorporatingsustainabledrainagedetails,has beensubmittedtoand approved in writingby theLocal PlanningAuthority. The developmentshallnot be first broughtintouseuntilsurfacewater drainagehas beenconstructedinaccordancewith theapprovedscheme.

 

REASON:Theapplicationcontainedinsufficientinformationtoenablethis matter to be consideredprior to grantingplanningpermission

 

14. No  development  shall  commence  on  site  until  details  of  the  works  for  the disposalof sewerageincludingthepointof any connectiontoexistingpublic sewerhavebeen submitted toand approvedinwritingby theLocal Planning Authority.Nodwellingshallbe firstoccupieduntil theapprovedsewerage details havebeen fully implementedinaccordancewiththeapprovedplans.

 

 

REASON: The applicationcontainedinsufficient informationtoenable thismatter to be consideredprior to grantingplanningpermission

 

15. The development hereby approved shall be carried out in strict accordance with the recommendations made in sections 4.4, 5, 7.3 and Appendix A of the approved Preliminary Ecological Appraisal, Preliminary Roost Assessment and Phase 2 Bat Survey Report (Kingfisher Ecology Ltd, updated 29^th November 2017), and with liaison with a suitably qualified and competent ecological consultant. This must include precautionary working methods during site clearance as well as during the construction and operation of the development.

 

REASON: To ensure adequate protection and mitigation for wildlife including protected species, and to ensure compliance with wildlife legislation and Core Policy 50 of the Wiltshire Core Strategy.

16. There shall be no removal of trees or vegetation along the eastern margin of the application site as this habitat has been stipulated as being retained within the approved Preliminary Ecological Appraisal, Preliminary Roost Assessment and Phase 2 Bat Survey Report (Kingfisher Ecology Ltd, updated 29^th November 2017). In the event that removal of trees or vegetation within this area is required, this cannot be undertaken without prior written approval from the local planning authority who will require the submission of plans accompanied by details of ecological mitigation measures.

REASON: To ensure retention of habitats likely to be used by wildlife, potentially including protected species.

17. No development shall commence on site until a detailed Ecological Mitigation and Enhancement Strategy has been submitted to, and approved in writing by the local planning authority. The strategy must include:

 

i)       Details of habitat retention and protection and illustrated on a plan.

ii)     Pre-construction and construction method statements including full details of avoidance

and mitigation measures and any pre-commencement checks and surveys required to provide adequate mitigation for wildlife, including protected species. This must include details of the ‘destructive search’ recommended with respect of B7 in section 7.3 of the approved Preliminary Ecological Appraisal, Preliminary Roost Assessment and Phase 2 Bat Survey Report (Kingfisher Ecology Ltd, updated 29^th November 2017).

iii)   Comprehensive details of ecological enhancement measures recommended in section 5 of the approved Preliminary Ecological Appraisal, Preliminary Roost Assessment and Phase 2 Bat Survey Report (Kingfisher Ecology Ltd, updated 29^th November 2017), including planting to encourage wildlife and bat roosting provision, with specifications and proposed numbers and positions to be shown on accompanying plan(s).

Development shall be carried out in strict accordance with the approved strategy.

 

REASON: To ensure appropriate protection and mitigation for ecological receptors, including species and habitats, and to provide biodiversity gain in line with NPPF and Core Policy 50 of the Wiltshire Core Strategy.

 

 18. No new external lighting shall be installed at the application site without prior written approval from the Council. Any plans for new lighting must be submitted to the Council for consideration and approval and must include details of mitigation measures to minimise the potential for impacts on roosting bats at the site. Thereafter, new lighting must be installed and operated in strict accordance with the approved lighting plan.

REASON: To ensure appropriate mitigation for roosting bats, and to ensure compliance with wildlife legislation and Core Policy 50 of the Wiltshire Core Strategy.

19. Before development takes place, a lighting plan and design strategy for biodiversity shall be submitted and approved in writing by the local planning authority. The strategy shall:

a)        Identify those areas/features on site that are particularly sensitive for wildlife, especially bats, and that are likely to be sensitive to disturbance as a result of light spill, including commuting/foraging/dispersal routes and;

b)        Illustrate on associated plan(s), the position of proposed luminaires together with lux plot/lighting contour plans so that it can be clearly demonstrated that areas identified as likely used by protected species, notably bats, will not be subject to disturbance as a result of light spill.

c)         Specify luminaires, heights and positions of fittings, direction and other features, e.g. cowls, louvres or baffles

All external lighting shall be installed in accordance with the specifications and locations set out in the strategy, and these shall be maintained thereafter in accordance with the strategy. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.

REASON: To minimise light spillage and to ensure no illumination of sensitive areas for protected species.

20. Before development takes place, a Landscape and Ecology Management Plan shall be prepared and submitted to the local planning authority for approval. The development site shall be managed and maintained in accordance with the measures set out in the approved plan in perpetuity unless otherwise agreed in writing with the local planning authority.

REASON: To ensure the appropriate management of priority habitats and mitigation for protected species.

 

INFORMATIVE

 

1. Wiltshire Council Waste Management will require an indemnity signed in order to operate on any roads that are not adopted and Wiltshire Council would need vehicle tracking to prove that Wiltshire Council’s Refuse Collection Vehicles can move through the development and turn at the ends of roads.

 

2. TheapplicantshouldnotethatunderthetermsoftheWildlifeand Countryside Act(1981)and theHabitatsRegulations(2010)itisan offencetodisturbor harmany protectedspecies,or todamageor disturbtheirhabitator resting place.    Please   note   that   this   consent   does   not   override   the   statutory protectionafforded to any suchspecies.  In the eventthatyourproposalscould potentially affecta protectedspeciesyoushould seekthe adviceofa suitably qualifiedand experiencedecologistand considertheneed fora licencefrom Natural Englandpriortocommencingworks.  Pleasesee Natural England’swebsitefor further informationon protectedspecies.

 

3. The applicantshouldnotethatthe workshereby approvedinvolvetheremoval anddisposalof asbestoscementroofing.Shouldonly beremoved bya licenced contractorAsbestoswasteisclassifiedas'specialwaste'and assuch, canonly bedisposedofata sitelicensedby theEnvironmentAgency.Anycontractor used must alsobe licensed tocarry'special waste'.

 

4. The applicant should note that under the terms of the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2010 (as amended) it is an offence to disturb or harm any protected species, or to damage or disturb their habitat or resting place.  Please note that this consent does not override the statutory protection afforded to any such species.  In the event that your proposals could potentially affect a protected species you should seek the advice of a suitably qualified and experienced ecologist and consider the need for a licence from Natural England prior to commencing works.  Please visit the following websites for more information:

·        http://www.wiltshire.gov.uk/planninganddevelopment/biodiversityanddevelopment.htm 

https://www.gov.uk/protected-species-and-sites-how-to-review-planning-proposals