Agenda item

Demolition of Existing Bungalow and Erection of 3no. dwellings, access and associated works.

Public Participation

Mr Kevin Hunt spoke in objection to the application

Ms Alison Whalley (Agent) spoke in support of the application

Cllr Kirsty Exton, (Chairman) of Idmiston Parish Council spoke in objection to the application.

 

The Planning Officer, Hayley Clark, introduced a report which recommended that the application for demolition of existing bungalow and erection of 3 no. dwellings, access and associated works be approved subject to conditions. Key details were stated in the report to include the principle of development, scale, design, and impact character and appearance of the area, Highways, Amenity, Ecology and trees.

 

The site was noted as being in settlement boundary. The Planning Officer advised that the recommendation which was approval subject to conditions also required a S106 agreement to be completed to secure off site BNG.

 

The committee had no technical questions for the officer.

 

Members of the public then had the opportunity to present their views to the committee as detailed above. The Idmiston Parish Council representative spoke in objection, noting concerns relating to the speed of vehicles and visibility splays along the A338, narrow pavement width, the plot size for the proposed development, and the lack of affordable housing.

 

The Unitary Division Member, Councillor Rich Rogers moved the motion of refusal, against Officer recommendation, stating the reasons as scale of development, relationship with adjoining dwellings and environmental/highway impact, noting CP1, CP45, CP57 and Idmiston Neighbourhood Plan Policy 19.

 

This was seconded by Councillor Hocking.

 

Councillor Rogers started the debate highlighting concerns regarding highways safety due to the proposed new access on to the A338, which was stated to be a known area of concern in close proximity to a Community Speedwatch location, also noted the restricted visibility for vehicles accessing the A338.

 

Cllr Rogers suggested that a scheme which better reflected the needs of the community with smaller affordable housing would be more favourable.

 

During debate, the Committee discussed the height of the fence on the development site and the condition which would restrict the height of greenery at junctions to prevent restricted access. Members noted that highways had not objected and that condition 12, relating to visibility splays required any hedge be set back at least 1m and be permanently maintained.

 

The Legal officer provided guidance to the Committee stating that the application and the Highways officer’s response should be considered as set out in the report, highlighting that stating highways as a reason for refusal would contradict the statutory consultee’s judgement and be difficult to defend at an appeal.

 

 

The local member Cllr Rogers noted that it was the newly created access which was of greater concern, than the existing.

 

At the close of debate, the Committee voted on the motion of Refusal, for the reasons as stated above.

 

The motion failed.

 

Cllr Sven Hocking then moved Approval in line with Officer recommendation. This was seconded by Councillor Bridget Wayman.

 

With no further debate, the Committee voted on the new motion of Approval.

 

It was;

 

Resolved

 

That planning permission for PL/2024/04928 be Granted subject to a S106 Agreement to secure Biodiversity Net Gain and 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 development hereby permitted shall be carried out in accordance with the following approved plans:

Application form

Design and access statement

Planning statement

0436-02-001 - Location plan

Page 910436-02-007- Proposed site plan

0436-02-008- Proposed landscape plan

0436-02-009 - Proposed site sections

0436-02-010 - Proposed site sections

0436-02-011 - Proposed floor plans Plot 1

0436-02-012 - Proposed elevations Plot 1

0436-02-013 - Proposed elevations Plot 1

0436-02-014 - Proposed floor plans Plot 2

0436-02-015 - Proposed elevations Plot 2

0436-02-016 - Proposed elevations Plot 2

0436-02-017 - Proposed floor plans Plot 3

0436-02-018 - Proposed elevations Plot 3

0436-02-019 - Proposed elevations Plot 3

 

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

 

3) No development shall take place above slab level (except demolition) 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) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.3) (England) Order 2020 (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 dwellinghouse hereby permitted or within the curtilage.

 

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

 

5) There shall be no burning undertaken on site at any time. Construction hours shall be limited to 0800 to 1800 hrs Monday to Friday, 0800 to 1300 hrs Saturday and no working on Sundays or Bank Holidays.

 

REASON: To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

 

6) Before the development hereby permitted is first occupied the windows serving all ensuites and bathrooms for plots 1, 2 and 3 shall be glazed with obscure glass only to an obscurity level of no less than level 5 and the windows shall be maintained with obscure glazing for the life time of the development.

 

REASON: In the interests of residential amenity and privacy.

 

7) The development will be carried out in strict accordance with the following documents:?

• Tree Protection Plan 2282-01. May 2024. SJ Stephens Associates

• Ecological Assessment. September 2024. Pro Vision

• Natural England Nutrient Neutrality Budget Calculator for the River Avon SAC

 

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

 

8) All lighting provided on site shall be in accordance with the appropriate Environmental Zone standards set out by the Institution of Lighting Professionals (ILP) Guidance Notes on the Avoidance of Obtrusive Light (GN 01/2021) and Guidance note GN08/23 “Bats and artificial lighting at night”, issued by the Bat Conservation Trust and Institution of Lighting

Professionals.

 

REASON: To avoid illumination of habitat used by bats

 

9) The development hereby permitted shall not commence until evidence of compliance to the Wiltshire Council River Avon Special Area of Conservation Mitigation scheme, or an alternative approved mitigation package addressing the additional nutrient input arising from the development, has been submitted to, and approved in writing by the Local

Planning Authority.

 

REASON: To accord with the Conservation of Habitats and Species Regulations 2017, and Wiltshire Core Strategy Core Policy 69.

 

10) The overnight developments hereby approved shall be designed to ensure it does not exceed 110 litres per person per day water consumption levels (which includes external water usage)

 

REASON: To ensure compliance with the prevailing mitigation strategy for nutrient neutrality in the water catchment within which this development is located.

 

11) Prior to the commencement of any works, including vegetation removal and demolition, details of the enhancement measures on site for biodiversity, as outlined within sections 5.11-5.13 of the Ecology Report, shall be submitted to the local authority for approval. The approved details shall be implemented before occupation of the final works.

 

REASON: To provide mitigation /enhancement for biodiversity.

 

12) No development shall commence on site until visibility splays have been provided onto the A338 from the shared entrance serving Plots 2 & 3, between the edge of the carriageway and a line extending from a point 2.4 metres back from the edge of the carriageway, measured along the centre line of the access, to the points on the edge of the carriageway

43 metres to the east and 43 metres to the west from the centre of the access in accordance with the approved plans. Any hedge on the site frontage shall be setback or planted at least 1 metre behind the visibility splay to allow for growth. Such splays shall thereafter be permanently maintained free from obstruction to vision above a height of 600mm above the level of the adjacent carriageway.

 

REASON: In the interests of highway safety.

 

13) The gradient of the access way from the A338 (serving Plots 2 & 3) shall not at any point be steeper than 1 in 15 for a distance of 4.5 metres from its junction with the public highway.

 

REASON: In the interests of highway safety.

 

14) Prior to commencement of development details of the extension to the footway on the site frontage around the bellmouth of the junction with The Avenue and the A338, and the informal passing bay on The Avenue, shall be submitted to and approved by the Local Planning Authority; the work shall be carried out in accordance with the approved details before occupation of development.

 

REASON: In the interests of highway safety.

 

15) 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 safe and convenient access to the development.

 

16) 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 :-

• a detailed planting specification showing all plant species, supply and planting sizes and planting densities;

• finished levels and contours;

• means of enclosure to include elevations;

• other vehicle and pedestrian access and circulation areas;

• all hard and soft surfacing materials;

 

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.

 

17) 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 buildings 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

 

18) No works shall take place on site until the agreed boundary treatment (fence and planting) has been erected along the eastern boundary with 23 Tidworth Road and shall be retained for the lifetime of the development

 

REASON: In the interests of amenity

 

19) Prior to commencement of development an acoustic report shall be submitted to the LPA for approval in writing prior to implementation. The report shall demonstrate that the internal and external amenity standards of BS8233:2014 Guidance on sound insulation and noise Page 94reduction for buildings (or any subsequent version) and WHO Guidelines for Community Noise (1999) can be achieved within the development. The report must include full details of any scheme of mitigation required to achieve this which if approved must be implemented in full and maintained in that way in perpetuity.

Reason: Core policy 57, Ensuring high design and place shaping such that appropriate levels of amenity are achievable.

 

Informatives

 

The application involves the requirement of dropped kerbs to create the vehicular access. The consent 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 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 our Vehicle Crossing Team on vehicleaccess@wiltshire.gov.uk  and/or 01225 713352.

 

The proposed passing bay on The Avenue should be dedicated as public highway to allow it to be available for public use in perpetuity.

 

INFORMATIVE: Bats

 

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 crevices such as under ridge tiles, behind roofing felt or in cavity walls and are therefore not 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 to the same roost site every year. Planning permission for development does not provide a defence against prosecution?under this legislation or substitute for the need to obtain a bat licence if an offence is likely. If bats or evidence of bats 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.

 

INFORMATIVE Lighting

 

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 can have a substantial adverse effect on biodiversity. Any new lighting should be for the purposes for safe access and security and 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 GN08/23 “Bats and artificial lighting at night”, issued by the Bat Conservation Trust and Institution of Lighting Professionals.

 

INFORMATIVE Nesting Birds

 

All British birds, their nests and eggs are protected under Section 1 of the Wildlife 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.

 

INFORMATIVE Hampshire River Avon

 

Evidence of compliance to the Wiltshire Council River Avon Special Area of Conservation Mitigation Scheme means the certificate of allocation of credits and confirmation of financial contribution to the scheme. An alternative mitigation package must be approved by the local planning authority and Natural England with evidence of allocation to the scheme.

 

INFORMATIVE Off-site Biodiversity Gain Site

 

All off-site biodiversity gains sites must be registered on the national biodiversity gains site register. Guidance on how to register a biodiversity gains site including a list of items required to apply can be found here - Register a biodiversity gain site - GOV.UK (www.gov.uk). In order for the Biodiversity Gain Plan condition to be discharged all off-site gains must be shown on the Biodiversity Gain Plan as allocated to this development on the national biodiversity gains site register.

 

INFORMATIVE CIL

 

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.

 

INFORMATIVE Party wall act

 

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.