Agenda item

Members of the public Ian Dunbar, Shawn Bialley and Mrs Tree spoke against the application. The applicants’ agent Richard Harlow spoke in favour of the application. Cllr Richard Banbury from Chippenham Town Council spoke against the application.

 

The Team Leader introduced the application for a new dwelling with associated access and landscaping. It was explained that the dwelling would be a bungalow of limited scale in terms of height and would be constructed to reflect the form and materials of the existing dwelling. Photographs of the existing site were shown along with detailed plans of proposed development. It was clarified that the legally use of land was defined under a recently granted Certificate of Lawfulness, and so was in effect a private garden to the existing dwelling and not public open space. It was also confirmed that conditions had been proposed to prevent further development, including withdrawing Permitted Development Rights. The Officer’s recommendation was for permission to be granted subject to conditions.

 

Members were invited to ask technical questions and Officers clarified that withdrawal of Permitted Development Rights would not prevent some forms of lightweight non-permanent sheds being installed in the gardens. Officers advised that in this circumstance it was not considered that a condition to remove permitted development rights for the creation of hard surfacing which could be used for parking purposes; and the erection of boundary fencing was necessary or reasonable in all respects and so not in accord with planning policy. It was also confirmed that a Construction Method Statement could be conditioned if required.

 

Local Member Cllr Clare Cape was not present in the meeting but had provided Cllr Gavin Grant with a statement to read. Emphasis was given to the fact that this site was previously public open space and that the Town Council had supported the application for a Certificate of Lawfulness, on the condition that it would not be built upon. The statement also referred to the significant levels of objection from neighbours, based on the impact on parking, access and amenity of the area.

 

Members of the public spoke as detailed above. Officers advised that the refusal of an application for a fence on a nearby site did not set a precedent for refusal of the application before the committee which raised different considerations as part of the planning balance assessment.

 

In the debate that followed, Cllr Peter Hutton explained that he has previously fought hard against building on amenity areas. He proposed that the application be refused on the grounds of Core Policy 57(3). This was seconded by Cllr Gavin Grant. Some Members expressed support for this motion, stating that the site was amenity space that was never intended to be built upon. However, others voiced concerns that the Committee were not there to decide the validity of the Certificate of Lawfulness but had to deal with the application in front of them. This motion was voted against by the majority.

 

Cllr Tony Trotman proposed the Officer’s recommendation for approval, with an additional condition of a Construction Method Statement, restricting the size of delivery vehicles. This was seconded by Cllr Bob Jones and approved by the majority.

 

Resolved:

To GRANT planning permission, as per Officer’s recommendation and subject to an additional condition requiring submission and approval of a Construction Method Statement; This statement to include a specific requirement for restriction as to the size of delivery vehicles. Wording of the condition delegated to Officers, 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 The materials to be used in the construction of the external surfaces of the

development hereby permitted shall match those listed on the application form

received by the Local Planning Authority on 26th April 2017.

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

 

3 The development hereby permitted shall be carried out in accordance with the following approved plan received by the Local Planning Authority on 30th May 2017: AH2016/103 - proposed new dwelling

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

 

4 No demolition, site clearance or development shall commence on site until an Arboricultural Method Statement (AMS) prepared by an qualified arboricultural consultant providing comprehensive details of construction works in relation to trees has been 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 BS5837:2012 and a plan indicating the alignment of the protective fencing;

A specification for scaffolding and ground protection within tree protection zones in accordance with British Standard 5837: 2012;

A schedule of tree works conforming to British Standard 3998: 2010;

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, the method of construction of the proposed extension including details of the no-dig specification and extent of the areas of the proposed extension 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.

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 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 Town & Country Planning Act 1990.

 

5 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, has been submitted to and approved in writing by the Local Planning Authority.

REASON: To ensure that the development can be adequately drained

 

6 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

 

7 The development hereby permitted shall not be first brought into use until the first five metres of the 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

 

8 No part of the development hereby permitted shall be first brought into use until the access 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: To ensure that adequate provision is made for parking within the site in the interests of highway safety.

 

9 The development hereby permitted shall not be first brought into use until splays have been provided on both its sides of the access to the rear of the existing footway based on co-ordinates of 2.4m x 2.4m. The splays shall be kept free of obstruction above a height of 600mm at all times.

REASON: In the interests of highway safety.

 

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

REASON: To secure the retention of adequate parking provision, in the interests of highway safety.

 

11 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 and E shall take place on the dwelling house hereby permitted or within its 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.

 

12 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 buildings or structures, or gate, wall, fence or other means of enclosure, other than those shown on the approved plans, shall be erected or placed anywhere on the site on the approved plans.

REASON: To safeguard the character and appearance of the area.

 

13 The dwellings hereby approved shall achieve Level 4 of the Code for Sustainable Homes. No dwelling shall be occupied until a final Code Certificate for it has been issued and submitted to, and approved in writing by, the local planning authority certifying that Code Level 4 has been achieved.

REASON: To ensure that the objectives of sustainable development set out Policy CP41 of the Wiltshire Core Strategy are achieved.

 

14 Before the development hereby permitted is first brought into use the window in the side (west) elevation shall be glazed with obscure glass only [to an obscurity level of no less than level 3] and the windows shall be maintained with obscure glazing in perpetuity.

REASON: In the interests of residential amenity and privacy.

 

15 INFORMATIVE TO APPLICANT:

The proposal includes alteration to the public highway and 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. Please contact the vehicle access team on telephone 01225 713352 or email vehicleaccess@wiltshire.gov.uk for further details.

 

16 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.

 

17 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.

 

18 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.

 

19 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

 

20 INFORMATIVE TO APPLICANT:

The Council recommends that the applicant notes and implements the recommendations of the UK Constructors Group Good Neighbour Site Guide during the construction of the development hereby approved.