Agenda item

16/06233/FUL Land at Orchard Cottage, Upper Minety, Malmesbury, SN16 9PY

Minutes:

Andrew Pywell spoke in support of the application.

 

Cllr Charles Cooke, Minety Parish Council, spoke in objection to the application.

 

The planning officer introduced the application which was for the erection of a new 4 bed detached dwelling. The officer’s report recommended that planning permission be granted, subject to the conditions and informatives in the report, as amended by the late observations. Attention was drawn to the late observations which recommended the removal of condition 3 and amendment to condition 12. Photographs of the existing cottage and proposed elevations of the new dwelling were shown. The planning officer described that the proposal was considered to be infill development.

 

In response to technical questions, it was confirmed that the site was outside a previous settlement boundary however this boundary had not been retained as part of the Core Strategy and therefore was not a planning consideration. The planning officer stated that this application was considered to be within the built form of the village. Members were advised that a limited scope construction method statement could be conditioned to address members concerns about parking and traffic during construction.

 

Members of the public then addressed the Committee as detailed above.

 

The local member, Cllr Chuck Berry, spoke against the application on the grounds that it was unsuitable for the location and unsustainable. The councillor also considered the previous settlement boundary to be relevant to the application.

 

In the debate that followed, members discussed whether the application could be considered as an infill development and whether housing was needed in the area. Cllr Hutton, seconded by Cllr Greenman proposed the officer recommendation, as amended by the late observations, and with the addition of a condition requiring a construction method statement to address parking and traffic concerns.

 

Resolved:

 

To grant planning permission subject to the following conditions and informatives:

 

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 part of the development hereby permitted shall be first brought into use 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.

 

3.     No development shall commence on site until the exact 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: 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.     No development shall commence on site until a scheme for the discharge of foul water from the site has been submitted to and approved in writing by the Local Planning Authority.

 

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

 

5.     The development shall not be first occupied until foul water drainage has been constructed in accordance with the approved scheme.

 

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

 

6.     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 together with permeability test results to BRE365 not to make adjacent surface water flood risk any greater and prevention of the identified surface water flood risk in road entering the site, has been submitted to and approved in writing by the Local Planning Authority.

 

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

 

7.     The development shall not be first occupied until surface water drainage has been constructed in accordance with the approved scheme.

 

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

 

8.     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-E shall take place on the dwellinghouses hereby permitted or within their curtilage.

 

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

 

9.     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.

 

10.The development shall be carried out as specified in the approved Arboricultural Impact Assessment prepared by S J Stephens Associates dated 24th June 2016 and shall be supervised by an arboricultural consultant.

 

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

 

11.The development hereby permitted shall be carried out in accordance with the following approved plans and documentation:
6060/01 Rev A Proposed Elevations

Site and Location Plan

Design and Access Statement

Arboricultural Impact Assessment

Received on 27/06/2016

 

6060/02 Visibility Splay Lines

Received on 28/09/2016

 

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

 

12.WM4 CONSTRUCTION METHOD STATEMENT

No development shall commence on site (including any works of demolition), until a Construction Method Statement, which shall include the following:

 

a)  the parking of vehicles of site operatives and visitors;

b)  loading and unloading of plant and materials;

c)  storage of plant and materials used in constructing the development;

 

has been submitted to, and approved in writing by, the Local Planning Authority. The   approved   Statement   shall be   complied   with   in   full  throughout   the construction period. The development shall not be carried out otherwise than in accordance with the approved construction method statement.

 

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 minimise detrimental effects to the neighbouring amenities, the amenities of the area in general, detriment to the natural environment through the risks of pollution and dangers to highway safety, during the construction phase.

 

 

13.INFORMATIVE TO APPLICANT: Any alterations to the approved plans, brought about by compliance with Building Regulations or any other reason must first be agreed in writing with the Local Planning Authority before commencement of work.

 

14.INFORMATIVE TO APPLICANT: The applicant should note that the grant of planning permission does not include any separate permission which may be needed to erect a structure in the vicinity of a public sewer. Such permission should be sought direct from Thames Water Utilities Ltd / Wessex Water Services Ltd. Buildings are not normally allowed within 3.0 metres of a Public Sewer although this may vary depending on the size, depth, strategic importance, available access and the ground conditions appertaining to the sewer in question.

 

 

15. INFORMATIVE TO APPLICANT: The applicant is requested to note that this permission does not affect any private property rights and therefore does not authorise the carrying out of any work on land outside their control. If such works are required it will be necessary for the applicant to obtain the landowners consent before such works commence. If you intend carrying out works in the vicinity of the site boundary, you are also advised that it may be expedient to seek your own advice with regard to the requirements of the Party Wall Act 1996.

 

16. INFORMATIVE TO APPLICANT: Please note that Council offices do not have the facility to receive material samples. Please deliver material samples to site and inform the Planning Officer where they are to be found.

 

17.INFORMATIVE TO APPLICANT: 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. If the development is determined to be liable for CIL, a Liability Notice will be issued notifying you of the amount of CIL payment due. If an Additional Information Form has not already been submitted, please submit it now so that we can determine the CIL liability. In addition, you may be able to claim exemption or relief, in which case, please submit the relevant form so that we can determine your eligibility. The CIL Commencement Notice and Assumption of Liability must be submitted to Wiltshire Council prior to commencement of development. Should development commence prior to the CIL Liability Notice being issued by the local planning authority, any CIL exemption or relief will not apply and full payment will be required in full and with immediate effect. Should you require further information or to download the CIL forms please refer to the Council's Website www.wiltshire.gov.uk/planninganddevelopment/planningpolicy/communityinfrastructurelevy.

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