Agenda item

Variation of condition 1 of planning consent PL/2022/07632 to allow for design changes to porch and the erection of gates and fencing.

Public Participation

Mr Gideon Aymes (Agent) spoke in support of the application.

 

The Senior Planning Officer, Joe Richardson, introduced a report which recommended that the application for Variation of condition 1 of planning consent PL/2022/07632 to allow for design changes to porch and the erection of gates and fencing be approved.

 

The report noted that the scheme of delegation confirmed that due to the relationship of the applicant to the Council, any objection received to the proposal required the application to be determined by the relevant area planning committee rather than under delegated powers to officers.

 

The applicant was the mother of the leader of the Council, Cllr Richard Clewer and the relevant area planning committee was the Southern Area Planning Committee.

 

Key details were stated to include the principle of development, policy and planning history, land ownership matters, design, scale, heritage/conservation matters and impact to the amenity of the area and parking/Highways Impact.

 

The Officer summarised the changes to the previously awarded 2022 consent, which included a slight increase to the porch and the erection of gates and fencing at front of the property.

 

Separate to the application and not for consideration, the Officer also noted that there was a retaining wall, which had been created by the applicant on an area of land next to the property, in the ownership of Highways.

 

Objections had been received from Parish Council on three grounds,

Highways, work having already started and there not being enough detail on how the gates would open inwards.  

 

A objection by Highways had related to the retaining wall, however this matter had since been resolved due to the movement of the red line.

 

Members of the committee then had the opportunity to ask technical questions of the officer. Details were sought the ownership of the land next to the property where the retaining wall had been built, where it was noted that ongoing discussion between the applicant and Highways and that the matter did not form part of the consideration on the application for variation.

 

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

 

As the application had not come to Committee due to member call in, the unitary division member was not in attendance.

 

The Chairman invited a member of the Committee to move a motion for debate.

 

Councillor Sven Hocking moved the motion of approval in line with Officer recommendation.

 

This was seconded by Councillor Rich Rogers.

 

A debate followed where the Committee sought clarification on the reason the application had been brought to Committee.  

 

At the close of debate, it was;

 

Resolved

 

That planning permission for application PL/2024/02910 The Gables, Dean Lane, Whiteparish, Salisbury, SP5 2RJ be granted, with 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 development hereby permitted shall be carried out in accordance with the following approved plans:

 

Site Location Plan Date Received 04.06.24

DWG No: 154 103 Rev E Proposed Block Plan Date Received 26.04.24

DWG No: 154 017 Rev C Proposed Elevations with Ecological Mitigation Date Received 19.04.24

Proposed Garage Elevations and Floor Plan Date Received 20.03.24

DWG No: 154 016 Rev B Proposed Ground Floor and First Floor Plans Date Received 19.04.24

DWG No: 154 018 Rev A Proposed Roof Plan Date Received 26.04.24

DWG No: 1352/05 Proposed Dormer Detail Date Received 26.04.24

DWG No: 154 317 Rev A Retained Dwellinghouse Elevations Date Received 26.04.24

DWG No: 154 104 Rev E Proposed Street View of Fencing and Gates Date Received 26.04.24

DWG No: 154 106 Rev A Proposed Gate Section Date Received 26.04.24

 

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

 

 

3.The materials to be used in the extension of the porch hereby permitted shall match in material, colour and texture those used in the existing dwellinghouse.

 

REASON: In the interests of visual amenity and to preserve and enhance the appearance of the Conservation Area.

 

4.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), there shall be no extensions, alterations or further window openings inserted to the roofslopes or first floor elevations to the dwelling other than as approved as part of a formal planning application by the Local Planning Authority.

 

REASON: In the interests of the amenity of the area.

 

5.Before the development hereby permitted is first brought into use the dormer window in the southern roofslope as shown in approved drawing DWG No: 154 017 Rev C Proposed Elevations withEcological Mitigation/EnhancementProposals (servingthe ensuite bathroom)shall be glazed with obscure glass only (to level 5 obscurity) and shall be maintained with obscure glazing in perpetuity.

REASON: Inthe interestsof residentialamenity andprivacy.

 

6.No part of the development hereby permitted shall be first occupied until the access, turning areas and parking spaces have been completed in accordance with the details shown on the approved plans.

REASON: In the interests of highway safety.

 

7.Notwithstanding the submitted details, the proposed development shall not be occupied until means/works have been implemented to avoid private water from entering the highway.

 

REASON: To ensure that the highway is not inundated with private water.

 

8.The development shall be carried out in strict accordance with Section 3.6 of the Bat Survey Report by Daniel Ahern Ecology Ltd dated March 2022 and DWG No: 154 017 Rev C Proposed Elevations with Ecological Mitigation. The installation of the bat and bee bricks and bird box as showing on the approved drawing shall be supervised by a professional ecologist and these enhancement measures will continue to be available for their target species for the lifetime of the development.

 

REASON: For the avoidance of doubt and for the protection, mitigation and enhancement of biodiversity.

 

 

INFORMATIVE TO APPLICANT(S):

 

 

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. Breeding birds
The adults, young, eggs and nests of all species of birds are protected by the Wildlife and Countryside Act 1981 (as amended) while they are breeding. Please be advised that works should not take place that will harm nesting birds from March to August inclusive. All British birds, their nests and eggs are protected under Section 1 of theWildlife and Countryside Act 1981 (as amended) and the Countryside and Rights of Way Act 2000 while birds are nesting, building nests and sitting on eggs. The applicant is advised to check any structure or vegetation capable of supporting breeding birds and delay removing or altering such features until after young birds have fledged. Damage to extensive areas that could contain nests/breeding birds should be undertaken outside the breeding season. This season is usually taken to be the period between 1st March and 31st August but some species are known to breed outside these limits.

 

3. Artificiallighting

The habitat within the proposed development site and the surrounding area is suitable for roosting, foraging and commuting bats. An increase in artificial lux levels can deter bats which could result in roost abandonment and/or the severance of key foraging areas. This will likely result in a significant negative impact upon the health of bat populations across the region. Artificial light at night also negatively affects humans’ health and has a substantial adverse effect on biodiversity. Therefore, any new external artificial lighting as part of this development should only be for the purposes of security and safe access. Any new lighting should be in accordance with the appropriate Environmental Zone standards set out by the Institute of Lighting Engineers in their publication GN01:2021, ‘Guidance for the Reduction of Obtrusive Light’ (ILP, 2021), and Guidance note GN08-18 “Bats and artificial lighting in the UK”, issued by the Bat Conservation Trust and Institution of Lighting Professionals.

 

4. Bat roosts

There is a low risk that bats may occur at the development site. Many species of bat depend on buildings for roosting, with each having its own preferred type of roost. Most species roost in crevicessuch asunder ridgetiles, behindroofing felt orin cavitywalls andare thereforenot often seen in the roof space. Bat roosts are protected all times by the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 even when bats are temporarily absent because, being creatures of habit, they usually return tothe same roost site every year. Planning permissionfor developmentdoes notprovide adefence againstprosecution under thislegislation or substitute for the need to obtain a bat licence if an offence is likely. If bats or evidence ofbats is found during the works, the applicant is advised to stop work and follow advice from an independent ecologist or the applicant is advised to follow the advice of a professional ecologist or to contact Natural England’s Batline through the internet.

 

5. 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.

 

6. Whilst this application no longer considers the retaining wall located within the highway, the applicant is advised to contact the Local Highway Authority to discuss an appropriate resolution to the retaining wall, in accordance with the requirements of The Highways Act 1980.