Agenda item

Public Participation

 

Mr David Creswell spoke in objection to the application. Mr Adams spoke in objection to the application.

Mr Harris spoke in objection to the application.  Mr Gately spoke in support to the application.

Mr Mark Jones spoke in support to the application.

Mr Mark Carrington spoke in support to the application.

Mr Chris Hammer spoke in objection of the application on behalf of Idmiston Parish Council.

 

The Planning Officer presented his report to the Committee which recommended that permission be GRANTED subject to conditions.  In his introduction the Planning Officer said the following:

 

“This application seeks permission to erect 20 houses on two paddocks to the rear of Chalk House, with access from Winterslow Road through the side garden.

 

Perhaps the main issue to consider is the fact that the larger part of the site lies outside of the housing policy boundary for Porton and so is in the countryside.  The black and white policy position is that development of such land will be unacceptable.  However, in this case it is your officer’s opinion that there are a number of material considerations which, taken together, override that policy.

 

These material considerations are that the proposal will, firstly, deliver now essential infrastructure made necessary by the development (this including open space contributions, education contributions and a community contribution towards the village hall); secondly, there is no identified harm stemming from the proposal other than the site being the wrong side of the line; thirdly, the physical characteristics of the site and its surroundings are such that the proposal ‘reads’ as a natural rounding off of the settlement; and, fourthly, the site is entirely sustainable in terms of access to Porton’s services, including the shop and church.

 

The relevance of material considerations is set out in planning law and the NPPF.  Both state that planning decisions should be made in accordance with the development plan unless material considerations indicate otherwise.  The weight to be given to material considerations in the balance is for the decision maker to decide.

More specifically, the NPPF states that at its heart there is a presumption in favour of sustainable development.  This means for decision-taking approving development proposals that accord with the development plan without delay; or where the plan is absent, silent or relevant policies out of date, granting permission unless any adverse impacts would significantly outweigh the benefits.

 

Idmiston Parish Council is in the process of preparing a neighbourhood plan for Porton.  Policy CP2 of the emerging Wiltshire Core Strategy states that the limits of development of settlements may only be altered through the identification of sites for development through subsequent site allocations and neighbourhood plans.  However, as the Porton neighbourhood plan and the site allocations DPD are at early stages of the plan making process it is your officer’s opninion that little weight can be given to them at this time when considering a current, ‘live’ planning application.  In this respect the NPPG actually states that refusal of planning permission on grounds of prematurity will seldom be justified where a draft local plan has yet to be submitted for examination, or in the case of a neighbourhood plan, before the end of the local planning authority publicity period.  The local planning authority’s publicity period for Porton’s plan  is scheduled for after 31 March 2015 with referendum unlikely until Autumn 2015.

 

Third parties have pointed out in correspondence that Policy CP2 of the emerging core strategy refers to development at large villages predominantly taking the form of small housing sites which are defined as involving less than 10 dwellings.  This proposal is for a larger number but is considered acceptable in view of the size of the site and its ability to accommodate more units without causing harm.  The size of the site is a further material consideration.  Fewer dwellings than what are proposed would not make the best use of the land, it is considered.

 

So, looking at the detail, it has already been said that the proposal has generated no objections from technical consultees.  The Ecologist’s reservations set out in the report have been withdrawn, she accepting that the ash trees on the site are suffering from die-back and that new landscaping will compensate for their loss”.

 

Members of the Committee then had the opportunity to ask technical questions of the officer. Members asked questions in regards to the existing vegetation along Winterslow Road and it was confirmed that this would be retained other than ‘punching the hole through the hedge for the access’.

 

Items of late correspondence were circulated at the meeting.

 

The Local Member, Cllr Mike Hewitt, spoke in support of the application. Cllr Hewitt stated that it was not correct that a majority of the Parish were against the application and instead objections were being led by a steering group. It was stated that the clerk and the Chairman of Idmiston Parish Council had both resigned. Cllr Hewitt stated that there was currently housing on three sides of the proposed development and that this had been a proposed planning site for a long period of time. Cllr Hewitt warned that the village hall could fall into disrepair and the financial contribution provided by the developer could help with repair work. It was explained that the houses on the top of the hill would be dug in and all that could have been done to protect the existing properties had been done. Cllr Hewitt stressed the need for  the  village  to  work  together.  It  was  explained  that  this  financial contribution was substantial and that a similar development elsewhere was unlikely to receive such a generous financial offer.

 

Members debated the plans and issues raised included the nature of the development and the need for affordable housing for local working people. It was stated that this was a modest development and many similar developments  have  been  built  that  have  resulted  in  the  local  area prospering. Members raised and discussed the development being outside of the housing policy boundary and the scale of the plans. The debatable prominence and dominance of the site over Porton was also highlighted.

 

The need for 42,000 new homes in Wiltshire was raised and the need to build some of these homes within local communities was discussed. It was stated that this particular community area needs to contribute houses and so there is a need for sustainable and sensible sites. The Chairman stated that this was not ‘cheque book planning’ and that the financial contribution would go to the schools and the village hall. It was further explained that new affordable housing developments require a ‘reasonably sized development’.

 

It was heard that Highways had made no objections. Members also discussed the diseased ash trees at the site and a need for a suitable alternative was discussed.

 

It was confirmed that the agenda was published on time but legal advice was required in regards to the Planning Officer’s recommendation. The Planning Officer’s recommendation on the evening of the meeting differed from that published initially on the website. The Legal Representative clarified that this would not pose a problem to the legitimacy of the decision as the agenda had been available to view on the website in the usual way and for the required timescale.

 

Resolved:

 

To grant planning permission subject to the applicant entering into a Section 106 agreement to ensure delivery of the infrastructure made necessary by the development (including affordable housing, off site equipped open space, youth and adult sport provision, ecology measures, education provision, fire and rescue facilities, waste and recycling facilities, and community facilities).

 

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.

 

3.  No  development  shall  commence  on  site  until  details  of  the  design, external appearance and decorative finish of all railings, fences, gates, walls, bollards  and  other  means  of  enclosure  have  been  submitted  to  and approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the approved details prior to the development being occupied.

 

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

 

4.  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 :-

location and current canopy spread of all existing trees and hedgerows on the land;

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

a detailed planting specification showing all plant species, supply and planting sizes and planting densities;

finished levels and contours;

means of enclosure;

all hard and soft surfacing materials;

 

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

5.  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.

 

6. Prior to the commencement of development a detailed lighting scheme comprising low level louvered bollards for the illumination of all roads and pathways shall be submitted to and approved in writing by the LPA.

 

REASON:  To minimise night time light pollution and reduce the visual impact of the development of this elevated site on the village during the hours of darkness.

 

7. Hours of work on site preparation and construction (including deliveries) shall be restricted to between 8-00 a.m. to 6-00 p.m. Monday to Friday and between 8-00 a.m. and 1-00pm on Saturdays unless otherwise agreed in writing with the LPA.  No work shall be undertaken on Sundays or Bank Holidays.

 

REASON:

To safeguard the amenity of the occupiers of the properties that adjoins the site.

 

8. 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 undertaken and until:

 

a)  The           Local  Planning  Authority  has  been   provided       with    written confirmation that, in the opinion of the developer, the site is likely tobe  free  from  contamination  which  may  pose  a  risk  to  people, controlled waters or the environment. Details of how this conclusion was reached shall be included.

 

b)  If,  during  development, any  evidence  of  historic  contamination  or likely contamination is found, the developer shall cease work immediately and contact the Local Planning Authority to identify what additional site investigation may be necessary.

 

c) In the event of unexpected contamination being identified, all development   on   the   site   shall   cease   until   such   time   as   an investigation has been carried out and a written report submitted to and approved by the Local Planning Authority, any remedial works recommended in that report have been undertaken and written confirmation has been provided to the Local Planning Authority that such  works  have  been  carried  out.  Construction  shall  not recommence until the written agreement of the Local Planning Authority has been given following its receipt of verification that the approved remediation measures have been carried out.

 

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.

 

9. Before works commence a Construction Ecology Management Plan will be submitted for planning authority approval covering procedures and measures to be undertaken during the construction period to safeguard reptiles, bats, non-native plants, birds, hedgerows and trees. The plan will demonstrate those works that will require input from a professional ecologist and the works will be undertaken in accordance with the approved plan.

 

REASON:  In the interest of Ecology

 

10. Before works commence a Landscape and Ecological Management Plan will be submitted for planning authority approval which will include a drawing distinguishing between proposed landscape works and ecological features together with a schedule of works required to maintain these for the first five years and in the long term. The plan will identify those ecological features that must be retained and managed specifically for their biodiversity interest.

 

REASON:..In the interest of Ecology

 

11. No development shall commence within the area indicated (proposed development site) until:

 

•           A written programme of archaeological investigation, which should include on-site work and off-site work such as the analysis, publishing and archiving of the results, has been submitted to and approved by the Local Planning Authority; and

•           The approved programme of archaeological work has been carried out in accordance with the approved details.

 

REASON: To enable the recording of any matters of archaeological interest.

 

INFORMATIVE:  The work should be conducted by a professional recognised archaeological contractor in accordance with the written scheme of investigation agreed by this office and there will be a financial implication for the applicant.

 

12. No development approved by this permission shall commence until a scheme for water efficiency has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the agreed details.

 

REASON:  In the interests of sustainable development and climate change adaptation.

 

13. No development approved by this permission shall be commenced until a Construction Environmental Management Plan, incorporating pollution prevention measures, has been submitted to and approved by the Local Planning Authority. The plan shall subsequently be implemented in accordance with the approved details and agreed timetable.

 

REASON:  To prevent pollution of the water environment

 

14. The development hereby approved shall be carried out in accordance with the following list of documents plans and specifications:

 

Documents:

Design and access Statement, received 03/03/14

Heritage Statement, February 2014, received 21/02/14

Heritage Desk Based Assessment February 2014, received 21/02/14

Landscape Maintenance Plan, January 2014, received 21/02/14

Arboricultural  Impact  Appraisal  and  Method  Statement  January  2014, received 21/02/14

Waste Audit and Construction Statement February 2014, received 21/02/14

Ecological Assessment Report January 2014, received 21/02/14

Reptile  Survey  and  Mitigation  Strategy  Report  February  2014,  received

21/02/14

Flood Risk Assessment January 2014, received 21/02/14

Summary of Community Involvement February 2014, received 21/02/14

Transport Statement February 2014, received 03/03/14

 

Drawings:

Plan  ref  No:  PP1182/  100-00,  Rev  P2  Location  Plan  dated  05/12/13, received 21/02/14

Plan ref No: PP1182/ 101-00, Rev P2 Proposed Site Layout Plan dated

01/11/13, received 21/02/14

Plan ref No: PP1182/ 110-00, Rev P1 Plot 1 elevations Floor Plans and

Sections dated 01/11/13, received 21/02/14

Plan ref No: PP1182/ 111-00, Rev P1 Plots 2, 3, 4 and 5 Floor Plans and

Elevations dated 01/11/13, received 21/02/14

Plan ref No: PP1182/ 112-00, Rev P1 Plots 6, 7 and 8 Floor Plans and

Elevations dated 01/11/13, received 21/02/14

Plan ref No: PP1182/ 113-00, Rev P1, Plots 9 and 10 Floor Plans and

Elevations dated 01/11/13, received 21/02/14

Plan ref No: PP1182/ 114-00, Rev P1 Affordable Plots 11, 12 & 13, 14 Plans

Elevations & Sections dated 01/11/13, received 21/02/14

Plan ref No: PP1182/ 115-00, Rev P1 Affordable Plots 15, 16, 17 & 18

Proposed Floor Plans & Elevations dated 01/11/13, received 21/02/14

Plan ref No: PP1182/ 116-00, Rev P1 Plots 19 & 20 Proposed Floor Plans & Elevations dated 01/11/13, received 21/02/14

Plan ref No: PP1182/ 120-00, Rev P1 Proposed Site Sections Sheet 1 of 2 dated 01/11/13, received 21/02/14

Plan ref No: PP1182/ 121-00, Rev P1 Proposed Site Sections Sheet 2 of 2 dated 01/11/13, received 21/02/14

Plan ref No: PP1182/ 130-00, Rev P1 Details of Proposed Site Entrance dated 01/11/13, received 21/02/14

Plan ref No: PP1182/ 130-10, Rev P1 Sketch Elevations of Cob Wall dated

18/12/13, received 21/02/14

Plan  ref  No:  LIND46-sk2,  Rev  B  Drainage  Strategy  dated  January  14, received 21/02/14

 

REASON:  In the interest of clarity

 

INFORMATIVE:

The  surface  water  soakaways  may  require  the  approval  of  the  Local

Authority's Building Control Department and should be constructed in accordance with the BRE Digest No365 or CIRIA Report 156 "Infiltration Drainage, Manual of Good Practice". Only clean, uncontaminated surface water should be discharged to soakaway.

 

Water Efficiency and Climate Change -

The incorporation of water efficiency measures into this scheme will provide resilience to some of the extremes of weather conditions that climate change brings.  It benefits future residents by reducing water bills, and also benefits wider society by allowing more water to go round in times of shortage.  The following  condition  has  been  supported  in  principle  by  the  Planning

Inspectorate.

 

INFORMATIVE:

The development should include water efficient systems and fittings. These should include dual-flush toilets, water butts, water-saving taps, showers and baths, and appliances with the highest water efficiency rating (as a minimum). Greywater recycling and rainwater harvesting should be considered.

 

An appropriate submitted scheme to discharge the condition will include a water usage calculator showing how the development will not exceed a usage level of 105 litres per person per day.

 

INFORMATIVE:

Safeguards should be implemented during the construction phase to minimise the risks of pollution from the development. Such safeguards should cover:

 

- the use of plant and machinery

- oils/chemicals and materials

- the use and routing of heavy plant and vehicles

- the location and form of work and storage areas and compounds

- the control and removal of spoil and wastes.

 

The applicant should refer to the Environment Agency's Pollution Prevention Guidelines at:

 

http://www.environment- agency.gov.uk/business/topics/pollution/39083.aspx.

 

Cllr Richard Britton requested his dissent to the approval be recorded.