Agenda item

A single new sustainable development dwelling at the land behind Park House. Proposed access via approved planning application (PL/2022/08144) for proposed stables and access. A custom build for a 3 bedroom with 2 parking bays.

Public Participation

 

·       Mr Nick Herridge spoke in support of the application.

·       Cllr Jayne Drew (Kennet Valley Parish Council) spoke in support of the application.

 

The Senior Planning Officer, Meredith Baker, introduced a report which recommended that the application for a single new sustainable development dwelling at the land behind Park House be refused for the reasons outlined in the report. It was noted that the proposed access was via approved planning application (PL/2022/08144) for proposed stables and access. The proposed dwelling would have three bedrooms and two designated parking bays. Key details were stated to include the principle of development, as well as sustainability, design, residential amenity and highway impacts.

 

Attention was drawn to the recent change to the National Planning Policy Framework, which now only required Wiltshire Council to demonstrate a four year housing land supply, as it had an emerging Local Plan. The Senior Planning Officer highlighted that the reference to the five year housing land supply, in the second paragraph on page 84 of the agenda pack, should therefore be disregarded.

 

The Senior Planning Officer noted that the proposed development was located in open countryside within the North Wessex Downs National Landscape, so was therefore in conflict with Core Policy 1 (Settlement Strategy) and Core Policy 2 (Delivery Strategy) of the Wiltshire Core Strategy. The isolated position of the proposed dwelling was expected to be harmful to landscape character and visual amenity. The isolated position of the property would lead to a dependence on private motor transport in conflict with the principles of sustainable development. Furthermore, the access to the property was close to a bend in the road, so would create unacceptable highway safety concerns contrary to Core Policies 57 (High Quality Design and Place Shaping) and 61 (Transport and Development) of the Wiltshire Core Strategy. 

 

Members of the Committee then had the opportunity to ask technical questions of the Senior Planning Officer. Details were sought on whether the application would be viewed differently if a separate title were to be created and it was confirmed that it would be in terms of Core Policies 1 and 2 of the Wiltshire Core Strategy.

 

The member of the public then had the opportunity to present his views to the Committee as detailed above.

 

The Parish Council representative then spoke in support of the application.

 

The Unitary Division Member, Cllr Jane Davies, also spoke in support of the application.

 

In response to the points raised by the public, Parish Council and Unitary Division Member, the Senior Planning Officer noted that full weight was being given to the settlement strategy now that Wiltshire Council was no longer required to demonstrate a five year housing land supply. She emphasised that the proposed development was not within a settlement boundary, so was not deemed to be a sustainable location for development. In response to concerns that the Wiltshire Core Strategy did not support the provision of housing in the countryside she highlighted that there were provisions under Core Policies 1, 2 and 48 (Supporting Rural Life) for the provision of rural housing. She also confirmed that the Agent had been contacted regarding highway safety issues during the application.

 

The Development Management Team Leader emphasised that the Core Policies in the Wiltshire Core Strategy had been applied and that the Committee would have to find material considerations that outweigh the reasons for refusal listed in the report if they wanted to grant permission for the application.

 

So that the Committee had something to debate, Cllr Dr Brian Mathew, seconded by Cllr Stuart Wheeler, proposed that the application be granted contrary to recommendation.

 

A debate followed where issues such as local support, the ecofriendly design, the sporadic location of the housing in Clench Common and transport options were discussed.

 

It was noted that Paragraph 84 of the National Planning Policy Framework could, in exceptional circumstances, permit development in isolated locations if the design was outstanding and reflected the highest standards in architecture, significantly enhancing its immediate setting. However, there was a very high bar for creating an exception to build in an isolated location on this basis.

 

In response to queries it was stated that provisions under Core Policy 48 would not provide material considerations to overturn the recommendation, but Core Policies 1 and 2 could provide material considerations to do so.

 

The Development Management Team Leader cautioned the Committee about the dangers of setting a precedent of approving an application outside of a defined settlement boundary contrary to Core Policy. 

 

During the debate an amendment was proposed by Cllr Adrian Foster that the access arrangements be made subject to a reserved matters application, in order to address highway concerns. This amendment was accepted by the assent of the Committee and added to the substantive motion.

 

The Development Management Team Leader advised that the access arrangements could be subject to a pre-commencement condition. She also observed that they would only be able to condition the land within the proposed development site, so would not be able to stipulate changes to the nearby road.

 

Following this advice, the amendment that the access arrangements be made subject to a reserved matters application was withdrawn from the substantive motion. The proposed conditions to be placed on the application were read out by the Senior Planning Officer and agreed to be added to the substantive motion by the assent of the Committee.

 

Following the conclusion of the debate, it was then:

 

Resolved

 

To GRANT permission for the creation of a new sustainable development dwelling, with three bedrooms and two parking bays, at the land behind Park House, with proposed access via (PL/2022/08144).

 

REASON: The benefits of the proposal, including: no harm to visual amenity; not a remote location, providing a much needed family home which would be of benefit to the settlement in terms of its survival; and local support outweighed the conflict with Core Policies 1 and 2 of the Wiltshire Core Strategy.

 

 

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 and documents:

 

Application Form

 

Planning, Design and Access Statement

Sustainable Development Supporting Planning Statement

Location Plan Existing – Drawing No.2528.HER-01 Rev C

Location Plan Proposed – Drawing No.2528.HER-02 Rev C

Proposed Site Plan – Drawing No.2528.HER-03 Rev C

Proposed Site Plan – Drawing No.2528.HER-04 Rev C

Proposed Floor Plan – Drawing No.2528.HER-06 Rev C

Proposed Floor Plan – Drawing No.2528.HER-05 Rev C

Proposed Roof Plan – Drawing No.2528.HER-09 Rev C

Proposed Elevations – Drawing No.2528.HER-08 Rev C

Proposed Elevations – Drawing No.2528.HER-07 Rev C

Proposed Perspective – Drawing No.2528.HER-11 Rev C

Arboricultural Survey & Report by ESLtd dated March 2023

Preliminary Ecological Appraisal by ESLtd dated March 2023

 

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

 

3.    No development above slab level shall commence on site until details of the external materials to be used on the development 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: In the interests of visual amenity and the character and appearance of the area.

 

4.    No development above slab level shall commence on site until details of boundary treatments (including gates) have been submitted to and approved in writing by the Local Planning Authority, the details of which shall include location, height, design and materials. Development shall be carried out in accordance with the approved details.

 

REASON: Further details are required because insufficient information has been submitted with the application in this regard, to ensure a satisfactory landscaped setting for the development and in the interest of visual amenity.

 

5.    No development above slab level 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;

•details of replacement tree and vegetation planting on site;

•all hard and soft surfacing materials

 

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

6.    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 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.

 

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

7.    Prior to the commencement of works, including demolition, groundworks/excavation, site clearance, vegetation clearance and boundary treatment works, a CEMP shall be submitted to the local planning authority for approval in writing. The Plan shall provide details of the avoidance, mitigation and protective measures to be implemented before and during the construction phase, including but not necessarily limited to, the following:

 

a) Identification of ecological protection areas/buffer zones and tree root protection areas and details of physical means of protection, e.g. exclusion fencing.

b) Working method statements for protected/priority species, such as nesting birds and reptiles.

c) Mitigation strategies already agreed with the local planning authority prior to determination, such as for great crested newts, dormice or bats; this should comprise the pre-construction/construction related elements of strategies only.

d) Work schedules for activities with specific timing requirements in order to avoid/reduce potential harm to ecological receptors; including details of when a licensed ecologist and/or ecological clerk of works (ECoW)shall be present on site.

e) Key personnel, responsibilities and contact details (including Site Manager and ecologist/ECoW).

 

Development shall be carried out in strict accordance with the approved CEMP.

 

REASON: To ensure adequate protection and mitigation for ecological receptors prior to and during construction, and that works are undertaken in line with current best practice and industry standards and are supervised by a suitably licensed and competent professional ecological consultant where applicable.

 

8.    No works above slab level shall commence until details of the design and locations of bat roosts, nesting opportunities for birds, and bee bricks have been submitted to and approved in writing by the local planning authority. The locations of these biodiversity enhancements shall be included on updated elevation plan documents. The approved details shall be implemented prior to the occupation of the approved dwelling.

 

REASON: To provide mitigation/enhancement for biodiversity.

 

9.    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 in accordance with the appropriate Environmental Zone standards set out by the  Institution of Lighting Professionals in their publication “The Reduction of Obtrusive Light” Guidance Note 01/21 (referenceGN01/21), 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: In the interests of the amenities of the area and to minimise unnecessary light spillage above and outside the development site.

 

10. The development shall be carried out in strict accordance with the following document:

 

·       Arboricultural Survey & Report-by ESLtd dated March 2023

·       Proposed Site Plan Drawing Number: 2528.HER.04 Rev C

 

The approved tree protection shall be erected prior to any site activity commencing and maintained until completion of the development.

 

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

 

11.  No part of the development hereby permitted shall be first occupied 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: In the interests of highway safety.

 

 

Informatives:

 

1.    The applicant should note that under the terms of the Wildlife and Countryside Act 1981 (as amended) and the Habitats Regulations 2017 (as amended), it is an offence to disturb or harm any protected species including for example, breeding birds and reptiles. The protection offered to some species such as bats, extends beyond the individual animals to the places they use for shelter or resting. Additionally, under the Protection of Badgers Act 1992 it is an offence to harm badgers or damage or destroy their setts or disturb badgers within their setts. Please note that this consent does not override the statutory protection afforded to any such species. In the event that your proposals could potentially affect a protected species you should seek the advice of a suitably qualified and experienced ecologist and consider the need for a licence from Natural England prior to commencing works. Please see Natural England’s website for further information on protected species.

 

2.    All British birds, their nests and eggs are protected under Section1 of the Wildlife and Countryside Act1981 (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 1March and 31 August but some species are known to breed outside these limits.