Agenda item

Construction of one detached dwelling with disabled annexe, including work space for lifelong living and outside space for supported horticultural activities

Public Speakers

Vicky Hotton spoke in support of the application

Katherine Allen spoke in support of the application

Dan Steedman spoke in support of the application

Cllr Charles Penn spoke on behalf of Winterbourne PC

 

The Senior Planning Officer, Richard Nash introduced the report, which recommended that the application for the construction of one detached dwelling with disabled annexe, including work space for lifelong living and outside space for supported horticultural activities, be refused as the site was within open countryside, outside of any recognised limits of development, there were highway safety issues and the impact on the setting of a Grade II listed building. The needs of the Applicant’s child were also highlighted as a primary consideration.

 

Members of the Committee then had the opportunity to ask technical questions of the Officer. It was clarified that a new access to the site would be created, this would lead out onto a straight fast piece of road.

 

The applicant had offered to improve and extend the pedestrian path near to the site, Highways had objected to that proposal.

 

The local Neighbourhood Plan (NHP) was in the developmental stage only, and currently had not included the proposed land as a development site.

 

If approved, the house would become quite an asset in this part of Wiltshire, as the property was a dwelling house it was not possible to condition it for type of use.

 

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

 

The Unitary Division Member, Cllr Mike Hewitt then spoke in Support of the

application, noting that this was not an easy decision, the applicant had gone a long way to look for a site in the area however none had become available.

 

The nearest home to accommodate Carston was out of county. For the family to take control of the situation, this was the only way. He felt that the listed building mentioned in the report was a wreck. There was no protection on this building.

 

Cllr Hewitt then moved for approval, against Officer’s recommendation. This was seconded by Cllr John Smale.

 

A debate followed where key issues raised included, That the site was not in the emerging NHP. The site was in an open area, where permitted development would not usually be approved.

 

The parish council whilst was sympathetic, had not come up with an alternative site within the village. The medical condition and associated needs of the child were material considerations. The expected need would be for a further 50 to 60 years.

 

Aside from the genuine need, which was proven, the other exceptions detailed in CP46 were not met.

 

The Committee voted on the motion of Approval, subject to conditions.

 

Resolved

That planning permission for application 17/06469/FUL be approved against Officer’s recommendation, 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:

 

Location Plan including land required for highway works

Aerial photograph and description of highway works

LDS/13673-TP1 (Entrance Detail)

A.1 (Part Ground Floor Plan)

A.2 (Part Ground Floor Plan)

A.3 (Proposed North and South Elevations)

A.3 (Proposed West and East Elevations)

A.4 (First Floor Plan)

A.05 (Block Plan)

A.6 (Section)

A.7 (Block Plan)

 

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 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 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 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.

 

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: The development hereby permitted shall not be first occupied 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.

 

7: The gradient of the access way shall not at any point be steeper than 1 in 15 for a distance of 4.5m from its junction with the public highway.

REASON: In the interests of highway safety.

 

8: Any gates to close the access shall be set back a minimum distance of 4.5m from the edge of the carriageway and made to open inwards (away from the highway) only.

REASON: In the interests of highway safety.

 

9: The development shall not be first occupied until the visibility splays have been formed in accordance with the approved details shown on drawing numbered LDS/13673-TP1. Such visibility splays shall thereafter be permanently maintained free from obstruction to vision above a height of 1.0m above the level of the adjacent carriageway.

REASON: In the interests of highway safety.

 

10: The development shall not be first occupied until the proposed pedestrian facilities in the field on the opposite side of the C286 to the application site have been cleared of obstructions, fenced, gated and surfaced as proposed for pedestrian traffic. The footpath shall be maintained as such thereafter.

REASON: To ensure that the development is served by an adequate means of pedestrian access and in the interests of highway safety.

 

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

 

12: No development shall commence on site until:

 

a) 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

 

b) The approved programme of archaeological work has been 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, to enable the recording of any matters of archaeological interest.

 

13: No construction shall take place on Sundays or Public Holidays or outside the hours of 07:30 to 18:00 Monday to Friday and 08:00 to 13:00 on Saturdays.

REASON: In the interests of the amenity of nearby residential properties.

 

14: No development shall commence until a mitigation and compensation strategy for any protected species on the site (during construction and post construction) has been submitted to and approved in writing by the Local Planning Authority. The development shall be completed in accordance with the approved strategy and any features provided as prescribed in the strategy shall be retained 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, to mitigate against the loss of existing biodiversity and nature habitats.

 

15: 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, E or F, or Part 2, Class, shall take place on the dwellinghouse 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.

 

HIGHWAY INFORMATIVE: The development hereby granted 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.

 

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