Agenda item

Public Participation:

-       Mr Richard Coombe spoke in objection to the application.

-       Mr Aaron Smith, agent, spoke in support of the application.

 

The Area Team leader (Central Hub West) introduced the report which recommended approval and in doing so drew the committee’s attention to proposed changes to conditions 13 and 15.

 

Members of the public then had the opportunity to speak as detailed above.

 

Councillor Graham Payne, Unitary Councillor for Drynham, expressed the local residents’ objection to the application and his own concerns regarding the adverse impact the development was likely to have on traffic near the local school, which was already difficult at times and a cause for concern. He urged the committee to consider a number of additional conditions should they be minded to approve the application.

 

During the ensuing debate the committee considered the conditions already included in the report, the additional conditions proposed by the local Unitary Councillor and the Section 106 agreement. It was clarified that the section 106 would have to be used to mitigate the adverse impact of the development itself and may not be used to address an already existing problem when there was no evidence that the development itself would exacerbate the issue.

 

With the inclusion of additional conditions suggested by the local Unitary Councillor (19 and 20 below), the addition of two informatives (4 and 5 below) and the amendments to conditions 13 and 15 as proposed by the planning officer it was

 

Resolved:

 

That the Area Development Manager be authorised to grant permission for the development on completion of a legal agreement which secures:

 

(a)  a contribution towards the provision of 5 primary school places at Holbrook School calculated at current cost multipliers of £12,713 per place;

 

(b)  a contribution of £11,125 towards the provision of public open     space within the vicinity of the development site.

 

For the following reasons:

 

The proposed development conforms to the Development Plan and there are no objections to it on planning grounds.

 

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. Notwithstanding the submitted details, 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.

 

West Wiltshire District Plan 1st Alteration 2004 - POLICY: C31a.

 

3. No development shall commence on site until details of the estate roads, footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car parking and street furniture, including the timetable for provision of such works, have been submitted to and approved by the Local Planning Authority. The development shall not be occupied until the estate roads, footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car parking and street furniture have all been constructed and laid out in accordance with the approved details, unless an alternative timetable is agreed in the approved details.

 

REASON: To ensure that the roads are laid out and constructed in a satisfactory manner.

 

West Wiltshire District Plan 1st Alteration 2004 - POLICY: C31a

 

4. The roads, including footpaths and turning spaces, shall be constructed so as to ensure that, before it is occupied, each dwelling has been provided with a properly consolidated and surfaced footpath and carriageway to at least base course level between the dwelling and existing highway.

 

REASON: To ensure that the development is served by an adequate means of access.

 

West Wiltshire District Plan 1st Alteration 2004 - POLICY: C31a

 

5. No dwelling shall be occupied until the parking spaces together with the access thereto, have been provided in accordance with the approved plans.

 

REASON: In the interests of highway safety and the amenity of future occupants.

 

West Wiltshire District Plan 1st Alteration 2004 - POLICY: T10

 

6. 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), the garage(s) hereby permitted shall not be converted to habitable accommodation.

 

REASON:  To safeguard the amenities and character of the area and in the interest of highway safety.

 

West Wiltshire District Plan 1st Alteration 2004 - POLICY: T10

 

7. No development shall commence on site until a scheme for the discharge of surface water from the site (including surface water from the access/driveway), incorporating sustainable drainage details, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be occupied until surface water drainage has been constructed in accordance with the approved scheme.

 

REASON: To ensure that the development can be adequately drained.

 

West Wiltshire District Plan 1st Alteration 2004 - POLICY: U2

 

8. No development shall commence until a foul and surface water drainage strategy is submitted to and approved in writing by the Local Planning Authority.  The approved drainage scheme shall be completed in accordance with the approved details and to the agreed timetable.

 

REASON: TO ensure that proper provision is made for sewerage of the site and that the development does not increase the risk of sewer flooding to downstream property.

 

POLICY: West Wiltshire District Plan 1st Alteration 2004 – U1a & U2

 

9. No demolition, site clearance or development shall commence on site until an Arboricultural Method Statement (AMS) prepared by an arboricultural consultant providing comprehensive details of construction works in relation to trees shall be submitted to, and approved in writing by, the Local Planning Authority.  All works shall subsequently be carried out in strict accordance with the approved details. In particular, the method statement must provide the following:

 

·         A specification for protective fencing to trees during both demolition and construction phases which complies with BS5837:2005 and a plan indicating the alignment of the protective fencing;

·         A specification for scaffolding and ground protection within tree protection zones in accordance with BS5837:2005

·         A schedule of tree works conforming to BS3998.

·         Details of general arboricultural matters such as the area for storage of materials, concrete mixing and use of fires;

·         Plans and particulars showing the siting of the service and piping infrastructure;

·         A full specification for the construction of any arboriculturally sensitive structures and sections through them, including the installation of boundary treatment works, the method of construction of the access driveway including details of the no-dig specification and extent of the areas of the driveway to be constructed using a no-dig specification; 

·         Details of the works requiring arboricultural supervision to be carried out by the developer’s arboricultural consultant, including details of the frequency of supervisory visits and procedure for notifying the Local Planning Authority of the findings of the supervisory visits; and

·         Details of all other activities, which have implications for trees on or adjacent to the site.

·         Day and sunlight calculations must be submitted in accordance with Building Research Establishment guidance and British standards 8206 Part 2:1992 Light for buildings Part 2. Code of practice for day lighting.

 

REASON:  In order that the Local Planning Authority may be satisfied that the trees to be retained on and adjacent to the site will not be damaged during the construction works and to ensure that as far as possible the work is carried out in accordance with current best practice and section 197 of the Town & Country Planning Act 1990.

 

POLICY: West Wiltshire District Plan 1st Alteration 2004 – C32

 

10. The development hereby permitted shall be carried out as specified in the approved Arboricultural Method Statement (AMS) and shall be supervised by an arboricultural consultant.

 

REASON: To prevent trees on site from being damaged during construction works

 

POLICY: West Wiltshire District Plan 1st Alteration 2004

 

11. 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

 

·         indications of all existing trees and hedgerows on the land;

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

·         a detailed landscape scheme showing 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;

·         finished levels and contours;

·         means of enclosure;

 

·         car park layouts;

·         other vehicle and pedestrian access and circulation areas;

·         hard surfacing materials;

·         minor artefacts and structures (e.g. furniture, play equipment,  refuse and other storage units, signs, lighting etc);

·         proposed and existing functional services above and below ground (e.g. drainage, power, communications, cables, pipelines etc indicating lines, manholes, supports etc);

·         at least 10 medium to large species trees must be planted throughout the development.  All trees, of a size and species and in a location to be agreed in writing with the Local Planning Authority, shall be planted in accordance with BS3936 (Parts 1 and 4), BS4043 and BS4428.

 

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

 

West Wiltshire District Plan 1st Alteration 2004 - POLICY: C31a, C32 & C40

 

12. 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.

 

West Wiltshire District Plan 1st Alteration 2004 - POLICY: C31a and C32

 

13. Notwithstanding the requirements of condition 11, the existing hedge along the Holbrook Lane frontage, other than that required for the construction of the access road and agreed as part of the approved landscaping scheme, shall be retained at, or around a height of approximately 2 metres.

 

REASON: In the interests of visual amenity

 

POLICY: West Wiltshire District Plan 1st Alteration 2004 – C31a & C32

 

14. Prior to the commencement of any work on site,a Reptile Survey should be undertaken by a suitably experienced and qualified ecologist following published good practice guidelines (note that reptile surveys are seasonally constrained). A report of the survey work, including details of any required mitigation measures, should be submitted to the LPA for written approval. The development must be carried out in full accordance with the recommendations of the report.

 

REASON: To mitigate against the loss of existing biodiversity and nature habitats

 

POLICY: National Planning Policy Framework

 

15.  Notwithstanding the submitted plans, no development shall commence until full details of the existing site levels and the proposed levels of the dwellings hereby permitted have been submitted to agreed in writing by the local planning authority.  The development shall be carried out in accordance with the approved details.

 

REASON: In the interests of visual amenity.

 

West Wiltshire District Plan 1st Alteration 2004 - POLICY: C31a and C38

 

16. The screen walls and/or fences shown on the approved plans shall be erected prior to the first occupation of the dwelling(s) hereby permitted and shall be retained and maintained as such at all times thereafter.

 

REASON: To prevent overlooking & loss of privacy to neighbouring property.

 

West Wiltshire District Plan 1st Alteration 2004 - POLICY: C32 and C38

 

17. Before the development hereby permitted is first occupied the first floor window in the south facing elevation of plot 8 shall be glazed with obscure glass only and the window shall be permanently maintained with obscure glazing at all times thereafter.

 

REASON:  In the interests of residential amenity and privacy.

 

West Wiltshire District Plan 1st Alteration 2004 - POLICY: C38

 

18. The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans:

 

       Topographic survey received on 19.01.2012

       Dwg no 10268swg-01 received on 19.01.2012

       Dwg 5340 00 received on 19.01.2012

       Dwg 5340 30A received on 09.05.2012

       Dwg 5340 31A received on 09.05.2012

       Dwg 5340 32 received on 19.01.2012

       Dwg 5340 33A received on 09.05.2012

       Dwg 5340 34 received on 19.01.2012

       Dwg 5340 35A received on 09.05.2012

       Dwg 5340 36 received on 19.01.2012

       Dwg 5340 37 received on 19.01.2012

       Dwg 5340 38A received on 09.05.2012

       Dwg 5340 39A received on 09.05.2012

       Dwg 5340 40A received on 09.05.2012

       Dwg 5340 41A received on 09.05.2012

       Dwg 5340 42A received on 09.05.2012

       Dwg 5340 43A received on 09.05.2012

       Dwg 5340 44A received on 09.05.2012

       Dwg 5340 45C received on 09.05.2012

       Dwg 5340 46C received on 09.05.2012

       Dwg 5340 47A received on 09.05.2012

       Dwg 5340 48 received on 19.01.2012

 

REASON: To ensure that the development is carried out in accordance with the approved plans that have been judged to be acceptable by the local planning authority

 

19. From the period starting with the commencement of development and ending with the completion of the construction works, there shall be no deliveries to the site between the hours of 08:15 and 09:15 and between 14:30 and 15:30 Monday – Friday during the term times of the adjacent Holbrook Primary School.

 

REASON: In the interests of road safety.

 

20. No demolition or construction works shall take place outside of the hours 08:00 – 18:00 Mondays – Fridays and 08:00 - 13:00 on Saturdays nor at any time on Sundays.

 

REASON: To protect the amenity of residents of nearby and adjacent properties.

 

Informatives:

 

1. The consent hereby granted shall not be construed as authority to carry out works on the highway.  The applicant is advised that a license may be required from Wiltshire’s Highway Authority before any works are carried out on any footway, footpath, carriageway, verge or other land forming part of the highway.

 

2. Further to the requirements of condition 11, the proposed landscaping scheme shall incorporate a detailed planting scheme to widen and enhance the existing boundary hedgerows, using native species only.

 

3. The applicant is advised that bats and their roosts are protected at all times by the Wildlife and Countryside Act (1981, as amended) and also by the Conservation of Habitats and Species Regulations 2010. Work to the building should be undertaken with due care and attention for bats and roof tiles should be removed by hand; if bats are found during the works, the applicant is advised to stop work immediately and follow advice from Natural England before proceeding further.

 

4. Further to the requirements of condition 8, the applicant is advised to consult with Wessex Water with regard to the foul and surface water drainage strategy.

 

5. Further to the requirements of condition 15, any raising of land levels within the site shall be the minimum necessary and with due regard to the impact on existing dwellings beyond the site boundary