Agenda item

Erection of four dwellings (Use Class C3), with garaging, retention and restoration of existing granary, access, landscaping and associated works.

Public Participation

Allison Whalley, agent, spoke in support of the application.

 

The Area Team Leader presented the application for the erection of four dwellings which was recommended for refusal. Attention was drawn to the late observations which stated that since the completion of the report the applicant had resolved issues in relation to drainage and ecology, and therefore refusal reasons three and four were withdrawn from the recommendation. Key issues were stated to include the principle of the development and impact on the character of the area, heritage of the buildings on the site and flooding.

 

Members of the Committee then had the opportunity to ask technical questions of officers. In response to queries it was stated the second reason for refusal in respect of section 106 legal agreement contributions for a footpath was included in the event of an appeal against the principal refusal reason so that an inspector would be able to consider the factor. It was also confirmed that although there were exceptions to permit development in sites otherwise not in accordance with policy to fund the restoration of Grade 1 Listed properties, no such property existed on the site.

 

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

 

The Unitary Division Member Councillor Mike Hewitt then spoke in support of the application, stating the current site was unsuitable for modern farming needs and had fallen into an unsightly state, and noted that the parish council were in support and that no objections had been received from the public.

 

A debate followed, where the character of the area and extent of development to the north and south of the site was raised, as well as the scale of the proposed dwellings and whether the local support for the proposal and cleaning up of the site justified an exception from policy.

 

At the conclusion of debate, it was,

 

Resolved:

 

To delegate to the Area Development Manager to approve planning permission subject to a section 106 legal agreement to secure a contribution for the provision of a public footpath, and subject to the following conditions:

 

1)      WA1 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)      WM13 The development hereby permitted shall be carried out in accordance with the following approved plans:

·                Heritage Statement (December 2015)

·                Extended Phase 1 Habitat & Bat Survey (September 2014)

·                Updated Bat Mitigation Plan.  Received – 16/11/2015

·                Flood Risk Assessment (September 2015)

·                Plan Ref: 432/P.06 E, Site Location Plan.  Received – 14/09/2015

·                Plan Ref: 432/P.03 D, Proposed Site Plan. Received – 14/09/2015

·                Plan Ref: 432/P.56, Proposed Development – Plot 1.  Received – 14/09/2015

·                Plan Ref: 432/SK, Proposed Development – Plot 2.  Received – 14/09/2015

·                Plan Ref: 432/P.18 A, Proposed Granary Building – Plot 2.  Received – 14/09/2015

·                Plan Ref: 432/SK.32 A, Granary Building – Bat Mitigation.  Received – 16/11/2015

·                Plan Ref: 432/PL.58, Proposed Development – Plots 3&4.  Received –14/09/2015

·                Plan Ref: 432/SK.18 B, Site Access Plan.  Received – 14/09/2015

·                Plan Ref: 432/P.60, Proposed Garage – Plot 1.  Received – 14.09.2015

·                Plan Ref: 432/P.61, Proposed Garage – Plot 2.  Received – 14/09/2015

·                Plan Ref: 432/P.62, Proposed Garage – Plot 3.  Received – 14/09/2015

·                Plan Ref: 432/P.63, Proposed Garage – Plot 4.  Received – 14/09/2015

·                Plan ref: 432/SK.24 D, Proposed Footpath. Received – 14/09/2015

 

          REASON: For the avoidance of doubt and in the interests of proper planning

 

3)      WB1      No development shall commence on site until the exact details and samples of the materials to be used for the external walls and roofs of all buildings, including render colour and timber stain, 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: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, in the interests of visual amenity and the character and appearance of the area.

 

 

4)      WB13 No flint block will be used in the construction of the buildings hereby approved.  No flint work shall be constructed to any buildings or walls on site until a sample panel of the brick/flint work, not less than 1 metre square, constructed using flints hand laid in a random pattern (with no preformed panels  to be used), has been erected on site, inspected and approved in writing by the Local Planning Authority.   The panel shall then be left in position for comparison whilst the development is carried out. Development shall be carried out in accordance with the approved sample panel, using flints hand laid in a random pattern with no preformed panels.

 

          REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, in the interests of visual amenity and the character and appearance of the area.

 

5)      WB9      No external stonework shall be constructed on site, until details and samples  of  the  external  stonework,  including  type,  dressing,  coursing  and bedding  of  the  natural  stone,  type  of  pointing  and  mortar  mix,  have  been submitted to  and  approved in  writing  by the Local Planning  Authority.    The external stonework shall constructed in accordance with the approved details.

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, in the interests of visual amenity and the character and appearance of the area.

 

6)      WB14 No development shall commence on site until details of all eaves, verges, windows (including head, sill and window reveal details), doors, rainwater goods, chimneys, dormers and canopies 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: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, in the interests of visual amenity and the character and appearance of the area.

 

7)      NTS No development shall commence on site until a method statement, demonstrating how the existing Cobb Wall along the western edge of the site is to be retained, maintained, incorporated into the development and protected during the construction process, has been submitted to and approved in writing by the Local Planning Authority.  The development shall be implemented in accordance with the agreed details and the wall maintained as such in perpetuity.

 

          REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, in the interests of visual amenity and the character and appearance of the area.

 

8)      WC1      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: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

9)      WC2      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.

 

 

10)    WE1 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England)Order 2015  (or any Order revoking or re- enacting or amending those Orders with or without modification), no development within Part 1, Classes A-G shall take place on the dwelling houses hereby permitted or within their curtilage.

 

          REASON:  In the interests of the amenity of the area; to reduce the potential impact of flooding; and to enable the Local Planning Authority to consider individually whether planning permission should be granted for additions, extensions or enlargements.

 

11)    WJ3A The Former Granary Building hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the main dwelling, on Plot 2 and it shall remain within the same planning unit as the main dwelling.

 

          REASON: The additional accommodation is sited in a position where the Local Planning Authority, having regard to the reasonable standards of residential amenity, access, and planning policies pertaining to the area, would not permit a wholly separate dwelling.

 

12)    WE15 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re- enacting or amending that Order with or without modification), the garages/stores hereby permitted shall not be converted into habitable accommodation.

 

          REASON:  to reduce the potential impact of flooding and to secure the retention of adequate parking provision, in the interests of highway safety, in the interests of highway safety.

 

13)    NTS The works hereby approved to the Former Granary Building will be undertaken in accordance with the Updated Bat Mitigation Plan for Heale Farm, Middle Woodford, and Bat Mitigation drawing No 432/SK.32 Rev A, prepared by Michael Lyons Architecture and emailed to the Council on 16 November 2015. The roost thus created will be retained for the lifetime of the development.

 

          REASON: to ensure ongoing provision is made for bats roosting in the Granary

 

14)    WG2      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 first occupied until surface water drainage has been constructed in accordance with the approved scheme.

 

          REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure that the development can be adequately drained.

 

15)    WG3  No  development  shall  commence  on  site  until  details  of  the  works  for  the disposal of sewerage including the point of connection to the existing public sewer have been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be first occupied until the approved sewerage details have been fully implemented in accordance with the approved plans.

 

          REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure that the proposal is provided with a satisfactory means of drainage and does not increase the risk of flooding or pose a risk to public health or the environment.

 

16)    NTS The development hereby permitted shall not be first occupied until the first five metres of the site 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.

 

17)    NTS No part of the development shall be first occupied until the visibility splays shown on the approved plans have been provided with no obstruction to visibility at or above a height of 1.0m above the nearside carriageway level. The visibility splays shall be maintained free of obstruction at all times thereafter.

 

          REASON: In the interests of highway safety

 

18)    NTS No development shall commence on site until details of the new footways have been submitted to and approved in writing by the local planning authority. The development shall not be first occupied until the new footways have been constructed in accordance with the approved details.

 

          REASON: To ensure that the new footways are laid out and constructed in a satisfactory manner

 

19)    WA12 No dwelling hereby approved shall be occupied until all the existing buildings on site shown to be removed on the approved plans have been permanently demolished and all of the demolition materials and debris resulting there from has been removed from the site.

 

          REASON:  In the interests of the character and appearance of the area

20)    NTS The dwellings hereby approved shall achieve a level of energy performance at or equivalent to Level 4 of the Code for Sustainable Homes.  No dwelling shall be occupied until evidence has been issued and submitted to, and approved in writing by, the local planning authority certifying that this level or equivalent has been achieved.

 

         REASON: To ensure that the objectives of sustainable development equal or equivalent to those set out in Policy CP41 of the Wiltshire Core Strategy are achieved.

 

Informatives:

1)      The applicant is advised that the development hereby approved may represent chargeable development under the Community Infrastructure Levy Regulations 2010 (as amended) and Wiltshire Council's CIL Charging Schedule. A separate Community Infrastructure Levy Liability Notice may be issued by the Local Planning Authority. Should you require further information with regards to CIL please refer to the Council's Website

          www.wiltshire.gov.uk/planninganddevelopment/planningpolicy/communityinfrastructurelevy

 

2)      The applicant's attention is drawn to the letter dated 01.10.2015 from Wiltshire Fire & Rescue Service which sets out recommendations for ensuring that the proposals are safe and are able to meet building regulations.

 

3)      The consent hereby permitted shall not be construed as authority to carry out works on the highway. The applicant is advised that a licence will be required from the local highway authority before any works are carried out on any footway, footpath, carriageway, verge or other land forming part of the highway. Please contact the Council’s Vehicle Crossing team on vehicleaccess@wiltshire.gov.uk and/or 01225 713352.

 

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 bats or to damage or disturb their habitat or resting place.  Please note that this consent does not override the statutory protection afforded to bats or the need to obtain a licence from Natural England before works commence where a breach of the Regulations may occur.  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 

 

5)      This permission shall be read in conjunction with an Agreement made under Section  106  of  the  Town  and  Country  Planning  Act,  1990  and  dated  the [INSERT]

 

6)      Please note that land drainage consent will be required for the garage location with revised clearance and no loss in flood area; the removal of existing outfall; the new outfall; and any other work on, over near to the ordinary watercourse.

 

Councillor Christopher Devine requested his vote in objection to granting permission be recorded.