Agenda item

Erection of 3 dwellings with parking and landscaping.

Public Participation

Ian Sawyer spoke in objection to the application

Phil Sheargold spoke in objection to the application

Martin Pennell spoke in objection to the application

Aaron Smith (Agent) spoke in support of the application

Cllr John Berry spoke on behalf of Shrewton Parish Council

 

The Planning Team Leader; Adam Madge introduced a report which recommended that the application for the erection of 3 new dwellings with parking and landscaping, be approved.

 

Key details were stated to include that most of the trees outlined would be retained around the site, some with TPOs. The out building on the site had some character and would be retained, whilst some other outbuildings would be demolished.

 

The objections received from neighbours, had asked about flooding on the site, however following consulting the Environment Agency, they had not raised any objections to this application. A flooding map was included in the report and detailed that flooding extends to the front of the site.

 

Attention was drawn to the site visit which had been undertaken earlier that day.

 

Members of the Committee then had the opportunity to ask technical questions of the Officer.

 

It was noted that the development was liable for CIL, this would be dealt with outside of the planning process, once works commence on site.

 

A study carried out had identified a potential for bats in the old building, but not in the other buildings. There were no proposals for street lighting.

 

A Neighbourhood Plan had not yet been adopted for Shrewton.

 

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

 

Shrewton Parish Council stated their objections to the application, which had also been detailed within the report.

 

The Unitary Division Member; Cllr Darren Henry then spoke and explained that it was called in by his predecessor Cllr West, so he did not wish to comment.

 

The Chairman, Cllr Westmoreland then moved the motion for approval, this was seconded by Cllr Hewitt.

 

A debate the ensued where key points were raised including, that there was a footpath on either side of the entrance, which was better than most.

 

There had been no objections from the consultees, and the size of the plot would take the development of this size well. None of the neighbouring properties appeared to have enormous gardens either.

 

It would not be possible to apply the condition for a bat survey on the barn unless the applicant was planning to do work in it.

 

Resolved

That Planning Permission be granted with 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    The development hereby permitted shall be carried out in accordance with the following approved plans:

 

      Application Form & Certificate

      Ref: 8821/100 Rev F – Site, Block, Location Plans & Street Scenes.  Received – 14.03.2017

      Ref: 8821/101 Rev C – Floor Plans & Elevations Unit 1.  Received – 14.03.2017

      Ref: 8821/102 Rev C – Floor Plans & Elevations Units 2 & 3.  Received – 14.03.2017

 

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

 

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 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    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.

 

6    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;

·         car park layouts;

·         other vehicle and pedestrian access and circulation areas;

·         all hard and soft surfacing materials;

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

 

      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.

 

7    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.

 

8    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.

 

9    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, B, C or E shall take place on the dwelling houses hereby permitted or within their curtilage without the prior grant of planning permission from the local planning authority.

 

      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.

 

10 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), no windows, doors or other form of openings other than those shown on the approved plans, shall be inserted in the northern or southern elevations of the new dwellings hereby permitted.

 

      REASON:  In the interests of residential amenity and privacy.

 

11 Before the development hereby permitted is first occupied all of the first floor windows annotated with OG on the approved plans, shall be glazed with obscure glass only [to an obscurity level of no less than level 5] and shall be fitted to be top hung only.  The windows shall be maintained as such with obscure glazing in perpetuity.

 

      REASON:  In the interests of residential amenity and privacy.

 

12  The retained outbuilding on the northern boundary of the site (labelled barn on the approved plans) shall not be occupied at any time other than for purposes incidental to the residential use of the dwelling, known as Plot 1 and it shall remain within the same planning unit as that 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.

 

13 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), no windows, doors or other form of openings, shall be inserted in the northern elevation of the retained outbuilding on the northern boundary of the site (labelled barn on the approved plans)

 

      REASON:  In the interests of residential amenity and privacy.

 

14  No development shall commence on site (including any works of demolition), until a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority.  The Construction Method Statement shall include details of 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;

d)   the use of oils/chemicals and materials

d)   the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

e)  wheel washing facilities;

f)    measures to control the emission of dust and dirt during construction;

g)  a scheme for recycling/disposing of waste resulting from demolition and construction works;

h)  measures for the protection of the natural environment; and

i)    hours of construction, including deliveries

      j)    the use and routing of heavy plant and vehicles

 

The development shall be constructed in strict accordance with the approved statement throughout the construction period.

 

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.

 

15  No development shall commence on site until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority. The CEMP shall provide details of the measures that will be implemented during the construction phase to protect the River Avon Special Area of Conservation (SAC) and protected/priority species and habitats.

 

REASON: To ensure adequate protection and mitigation for the River Avon SAC and protected and priority species and habitats, and to accord with wildlife legislation and policy and Policies CP50 and CP69 of the Wiltshire Core Strategy.  

 

16  No development shall commence on site until a scheme for the discharge of foul water from the site, including any offsite capacity works together with all third party permissions/agreements has been submitted to and approved in writing by the Local Planning Authority.  The development shall not be occupied until foul water drainage has been constructed in accordance with the approved scheme including any offsite improvement works

 

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 without increasing flood risk to others

 

17  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 (testing to BRE 365 and determination of ground water levels) together with all third party permissions in place, has been submitted to and approved in writing by the Local Planning Authority.  The plan must demonstrate that there will be no adverse impact upon the River Avon. 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 without increasing flood risk to others; and to ensure adequate protection of the River Avon

 

18  No development shall commence on site until a scheme for water efficiency has been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the agreed 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, in the interests of sustainable development and climate change adaptation.

 

19  No development shall take place on site, including site clearance, storage of materials or other preparatory work, until an Arboricultural Method Statement, has been submitted to the Local Planning Authority and approved in writing, Thereafter the development shall be undertaken only in accordance with the approved details.

·         The Arboricultural Method Statement shall show the areas which are designated for the protection of trees, hereafter referred to as the Root Protection Area (RPA). Unless otherwise agreed, the RPA will be fenced, in accordance with the British Standard Guide for Trees in Relation to Construction (BS.5837: 2012) and no access will be permitted for any development operation.

·         The Arboricultural Method Statement should specifically include details of how the driveway can be constructed within the RPA of the adjacent Yew tree without causing root damage. Furthermore, timing should be considered to ensure the roots of the Yew are not damaged by compaction (by vehicle movement) until the special surfacing is put in place.

·         The Arboricultural Method Statement shall include provision for the supervision and inspection of the tree protection measures. The fencing, or other protection which is part of the approved Statement shall not be moved or removed, temporarily or otherwise, until all works, including external works have been completed and all equipment, machinery and surplus materials removed from the site, unless the prior approval of the Local Planning Authority has been given in writing.

 

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, and to comply with the duties indicated in Section 197 of the Town and Country Planning Act 1990, so as to ensure that the amenity value of the most important trees, shrubs and hedges growing within or adjacent to the site is adequately protected during the period of construction.

 

20  The outbuilding on the northern boundary of the site (labelled as ‘barn’ on the approved plans), which is a confirmed bat roost, shall be retained in accordance with the details set out within the Ecological Appraisal, (dated March 2017 and prepared by All Ecology Ltd)

 

      REASON: To ensure adequate protection of the confirmed bat roost.

 

21  No external lighting shall be installed on site until plans showing the type of light appliance, the height and position of fitting, illumination levels and light spillage have been submitted to and approved in writing by the Local Planning Authority.  The approved lighting shall be installed and shall be maintained in accordance with the approved details and no additional external lighting shall be installed.

 

      REASON: To ensure adequate protection of and mitigation for the confirmed bat roost

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. 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.

 

2    Please note that the outbuilding that is to be retained which is situated on the northern boundary of the site (and labelled barn on the approved plans), has been found to support a bat roost.  Bats are protected by law and if any works are proposed to this building in the future, will need to be undertaken in full consultation with a qualified ecologist and/or Natural England.

 

3    In accordance with condition 17, the development hereby approved 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.

 

4    In order to satisfy condition 17, details will need to be submitted which include a water usage calculator showing how the development will not exceed a total (internal and external) usage level of 110 litres per person per day

 

5    Please note that a separate application will need to be made to the Environment Agency under the Land Drainage Act in relation to any works within 8m of a main river

 

6    Please note that a separate application will need to be made to the Lead Local Flood Authority under the Land Drainage Act in relation to any works within 8m of an open or culverted ordinary water course

 

7    Please note that a separate application will need to be made to the Lead Local Flood Authority under the Land Drainage Act in relation to discharge location and rates to any water course

 

8    please note that in addition to any other permission(s) that you may have already obtained (e.g. planning permission), you may need an environmental permit for flood risk activities (formerly known as Flood Defence Consent prior to 6 April 2016) if you want to carry out work:

·         in, under, over or near a main river (including where the river is in a culvert)

·         on or near a flood defence on a main river

·         in the flood plain of a main river

·         on or near a sea defence

For further information and to check whether a permit is required please visit: https://www.gov.uk/guidance/flood-risk-activities-environmental-permits. Or contact your local Environment Agency FRA Permitting Officer, daniel.griffin@environment-agency.gov.uk / yvonne.wiacek@environment-agency.gov.uk

 

9    The applicant’s attention is drawn to the comments made in the letter dated 1^st February 2017 from the Dorset & Wiltshire Fire & Rescue Service

 

 

It was noted that now the meetings were to start at 3.00pm, the Committee requested that a Highways Officer attends future meetings to answer any highways related queries.