Agenda item

Public Participation

Mr Barry Gibbs spoke in objection to the application.

Mr Gareth Lambert-Jones, applicant, spoke in support of the application.

Cllr Roger Budgen, St Paul Without Parish Council, spoke in objection to the application.

 

 

The Planning Officer introduced the report, which recommended that authority be delegated to the Area Development Manager to grant planning permission subject to an acceptable legal agreement and the conditions proposed in the report.

 

The main issues for the Committee to consider were identified as the principle of the development, the impact on the character and appearance of the area and the impact on the amenity of existing neighbours and potential occupants.

 

The Committee then had the opportunity to ask technical questions of the officers.

 

Members of the public then had the opportunity to address the Committee with their views, as detailed above.

 

The Local member, Cllr John Thompson, then spoke in objection to the application.

 

A debate followed, during which the issue of garden builds was raised. It was clarified that there is no local policy prohibiting house builds in gardens. In response to queries, it was also stated that the greenfield or brownfield nature of the site was not relevant to the application as it lay within the framework boundary.

 

It was further discussed that there were no Tree Protection Orders in place at the site, that the proposed building would be screened, and there was discussion of the scale and attractiveness of the design in the context of the area.

 

After debate, it was,

 

Resolved:

 

That authority be DELEGATED to the Area Development Manager to GRANT Planning Permission for the following reason subject to an acceptable legal agreement and the conditions set out below:

 

It is considered that the high quality bespoke design of the proposed new dwelling will be a striking addition to the settlement whilst not impacting negatively on the character and appearance of the established residential estate. The local planning authority has therefore determined that the development is considered to be acceptable on its planning merits as the proposal is compatible and complimentary to policies C3 and H3 of the North Wiltshire Local Plan 2011 and meets the Governments overarching aim for achieving sustainable development. Having regard to all other matters raised, planning permission is granted subject to the following conditions.

 

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. No development shall commence on site until details and samples of the materials to be used for the external walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

 

REASON: In the interests of visual amenity and the character and appearance of the area.

 

POLICY: C3 of the North Wiltshire Local Plan 2011.

 

3. 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 including adjacent trees and to enable the Local Planning Authority to consider individually whether planning permission should be granted for additions/extensions or external alterations.

 

POLICIES: C3 and NE14 of the North Wiltshire Local Plan 2011.

 

4. 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 garages, sheds, greenhouses and other ancillary domestic outbuildings shall be erected anywhere on the site on the approved plans.

 

REASON:  In the interests of the amenity of the area including adjacent trees and to enable the Local Planning Authority to consider individually whether planning permission should be granted for additional structures.

 

POLICIES: C3 and NE14 of the North Wiltshire Local Plan 2011.

 

5. No development shall commence on site until a scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include:

 

(a) indications of all existing trees and hedgerows on the land;

(b) details of any to be retained, together with measures for their protection in the course of development;

(c) all species, planting sizes and planting densities, spread of all trees and hedgerows within or overhanging the site, in relation to the proposed buildings, roads, and other works;

(d) finished levels and contours;

(e) means of enclosure;

(f) car park layouts;

(g) hard surfacing materials.

 

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

POLICIES: C3 and NE14 of the North Wiltshire Local Plan 2011.

 

6. All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first occupation of the building(s) or the completion of the development whichever is the sooner;  All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any trees or plants which, within a period of five years, die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local planning authority.  All hard landscaping shall also be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme to be agreed in writing with the Local Planning Authority.

 

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

POLICIES: C3 and NE14 of the North Wiltshire Local Plan 2011.

 

7. No part of the development hereby permitted shall be first occupied until the access, turning area and parking spaces have been completed in accordance with the details shown on the approved plans.  The areas shall be maintained for those purposes at all times thereafter.

 

REASON: In the interests of highway safety in accordance with policy C3 of the North Wiltshire Local Plan 2011.

 

8. The development hereby permitted shall be implemented in accordance with the submitted plans and documents listed below. No variation from the approved plans should be made without the prior approval of the local planning authority. Amendments may require the submission of a further application.

 

Block plan - date stamped 22.03.12 (Revised plans)

Floor plan - date stamped 30.01.12

South and east elevations - date stamped 30.01.12

North and west elevations - date stamped 30.01.12

 

REASON: To ensure that the development is implemented as approved.

 

9. The development hereby permitted shall not be occupied until the first five metres of the access, measured from the edge of the carriageway, has been consolidated and surfaced (not loose stone or gravel). The access shall be maintained as such thereafter.

 

REASON: In the interests of highway safety.

 

Informatives:

 

1. Attention is drawn to the Legal Agreement relating to this development or land which has been made pursuant to Section 106 of the Town and Country Planning Act 1990, Section 111 of the Local Government Act 1972, Section 33 of the Local Government (Miscellaneous Provisions) Act 1982 or other enabling powers.