Agenda item

Demolition of existing the barns and erection of three dwellings with associated parking, turning, landscaping, private amenity space and access (resubmission of PL/2022/06061).

Public Participation

 

·         Mr Alan Cowley - spoke in objection to the application

·         Mr James Beale - spoke in objection to the application

·         Mr Jim Butler - spoke in support of the application

·         Mr Mike Fowler - spoke in support of the application

·         Cllr Chris Greenwood (Devizes Town Council) - spoke in support of the application

 

The Senior Planning Officer, Jonathan James, introduced a report which recommended that the application for the demolition of existing barns and the erection of three new dwellings, be refused. He noted that the application included associated parking, turning, landscaping, private amenity space and access. The application was a resubmission of PL/2022/06061. Key details were stated to include the principle of development, as well as the landscape, biodiversity and sustainable transport impacts. 

 

It was highlighted that the site was located outside of the defined settlement boundary and adjoined the North Wessex Downs National Landscape. The Senior Planning Officer explained that the proposed development would have an unacceptable urbanising effect on the countryside, so would be contrary to Core Policy 51 (Landscape) and Core Policy 57 (Ensuring High Quality Design and Place Shaping) of the Wiltshire Core Strategy. He also reported that electricity pylons passing the site were due to be buried in the ground, so the negative visual impact that they had on the landscape would be removed.

 

The Senior Planning Officer noted that the spatial vision of the Wiltshire Core Strategy did allow for development outside of the recognised limit of development in exceptional circumstances; however, the proposed development did not meet any of the exception criteria outlined in the Core Strategy. Furthermore, as Roundway was not recognised within the Wiltshire Core Strategy as a sustainable location for development, the proposed development would be contrary to Core Policy 60 (Sustainable Transport) and Core Policy 61 (Transport and New Development).    

 

Members of the Committee then had the opportunity to ask technical questions of the Senior Planning Officer.

 

Clarity was sought about whether Wiltshire Council’s Landscape Officer had been consulted about the application, as an objection from them was not listed in the report and the negative impact on landscape character was stated as a reason for refusal. In response, the Senior Planning Officer explained that he understood that the Landscape Officer would have been consulted but that they may not have provided comments. He also noted that the site itself was not in the North Wessex Downs National Landscape.

 

It was confirmed that a small existing barn close to the site would be retained and had been granted consent under a prior Notification for change of use to a dwelling. 

 

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

 

The Unitary Division Member, Cllr Laura Mayes, then spoke in support of the application.

 

In response to the points raised by the public and the Unitary Division Member, the Senior Planning Officer highlighted that each application needed to be judged on its own merits. He also observed that Wiltshire Council had successfully defended appeals in respect of their decision to refuse planning permission for the conversion of the existing barns on the site.

 

So that the Committee had something to debate, the Chairman, seconded by Cllr Dr Brian Mathew, proposed that the application be refused in line with recommendation.

 

A debate followed where the viability of the existing barns for agricultural purposes, visual impact and sustainability of the proposed development were discussed. In response to points made about the impact of the proposed development on the landscape the Development Management Team Leader highlighted that the Inspector, in judging an appeal relating to a previous application on the site, had concluded that the introduction of residential dwellings and associated domestic paraphernalia would not be in keeping with the character of the area and would therefore harm the setting of the National Landscape (then Area of Outstanding Natural Beauty).

 

Following a vote, the motion to refuse the application was lost. A motion to approve was then moved by Cllr Dominic Muns, which was seconded by Cllr Stuart Wheeler.

 

A number of possible conditions were discussed including those relating to the materials of the building, removal of permitted development rights, the property boundary, lighting, archaeology and drainage. It was agreed to delegate the final wording to the Senior Planning Officer and Development Management Team Leader. It was then:

 

Resolved

 

To APPROVE the application for the demolition of the existing barns and the construction of three dwellings with associated parking, turning, landscaping, private amenity space and access.

 

Reasons

 

It was not considered that it would be sustainable for the existing barns to be used for agricultural purposes. The proposed development, when approved with conditions, was seen to have a more positive visual impact than the existing barns in their present condition. 

 

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:

 

• Location Plan, Dwg No. 230128-01

• Site Plan, Dwg. No. 230120-02 Rev B

• Design Scheme Plot 1, Dwg No. 230128-03

• Design Scheme Plot 2, Dwg No. 230128-04 Rev A

• Design Scheme Plot 3, Dwg No. 230128-05 Rev A

 

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

 

3.    The development will be carried out in strict accordance with the following documents:

 

• Site plan. Drawing no: 230128-02 Rev B. Fowler Architecture & Planning.

• Great crested newt mitigation strategy and District Level Licence (DLL) application. ABR Ecology Ltd.

• Tree Survey and Tree Constraints Plan. Report ref: 23.1625 Rev B. November 2023. WHLandscape.

 

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

 

4.    Prior to the commencement of works, including demolition, ground works/excavation, site clearance, vegetation clearance and boundary treatment works, a Construction Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the local planning authority. 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, reptiles and great crested newt.

c) 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.

d) 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.

 

5.    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;

• car park layouts;

• all hard and soft surfacing materials;

• Four tree(s), of a size and species and in a location to be agreed in writing with the Local Planning Authority, shall be planted in accordance with BS3936 (Parts 1 and 4), BS4043 and BS4428

 

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(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.

 

7.    No development above slab level shall take place until details and/or 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: In the interests of visual amenity and the character and appearance of the area.

 

8.    Prior to the commencement of any works, including vegetation removal and demolition, details of the number, design and locations of bat roosts and nesting opportunities for birds shall be submitted to and approved in writing by the local planning authority. These details should be clearly shown on a site plan. The approved details shall be implemented before occupation of the final works.

 

REASON: To provide enhancement for biodiversity, in accordance with the requirements of Core Polices of the Development Plan and with the Framework.

 

9.    No development shall commence within the area indicated by application PL/2023/05410 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: To enable the recording of any matters of archaeological interest.'

 

INFORMATIVE: The monitoring is to be carried out following the standards and guidelines for such work as set out by the Chartered Institute for Archaeologists (CIfA). The costs of this work are to be borne by the applicant.

 

10.No external lighting shall be installed at the site unless otherwise agreed in writing by the local planning authority. Details of proposed lighting to be installed on-site shall include 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 (reference GN01/21). Details of proposed lighting to be installed shall 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 and in the interests of conserving biodiversity.

 

11.The proposed package treatment plant and drainage field shall be installed, maintained and operated in accordance with the submitted specification and details hereby approved. Any subsequent replacements shall have an equivalent or improved performance specification. The package treatment plant and drainage field shall be installed, connected and available for use before the development is occupied and they shall be maintained and operated thereafter for the lifetime of the development.

 

REASON: To provide ongoing and adequate nutrient mitigation for the nutrient neutrality water catchment for the life of the development and to ensure that any future PTP is of an equivalent or improved standard.

 

12.The overnight development 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) and a water efficiency assessment should be submitted. Before the development is brought into use, a water efficiency report certifying that this standard has been achieved shall be submitted to and approved in writing by the local planning authority.

 

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

 

13.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), it shall be made to actively drain away from the highway. The access shall be maintained as such thereafter.

 

REASON: In the interests of highway safety.

 

14.No part of the development shall be first occupied, until the visibility splays shown on the approved plans have been provided with no obstruction to visibility at or above a height of 600mm above the nearside carriageway level. The visibility splays shall always be maintained free of obstruction thereafter.

 

REASON: In the interests of highway safety

 

15.No part of the development hereby permitted shall be first occupied until a turning area and parking spaces with at least one EV charging point per unit have been completed in accordance with the details shown on the approved plans. The areas shall always be maintained for those purposes thereafter and maintained free from the storage of materials.

 

REASON: In the interests of highway safety.

 

16.No construction work shall take place on Sundays or Public Holidays or outside the hours of 0800 to 18:00 Monday to Friday and 08:00 to 13:00 on Saturdays.

 

No burning shall be undertaken on site at any time.

 

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.

 

17.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, AA, B, C, E, F and G; and Part 2 Class A, 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.

 

18. INFORMATIVE - HIGHWAYS:

 

The application involves an extension to the existing vehicle access/dropped kerb. 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 or visit their website at http://wiltshire.gov.uk/highways-streets to make an application. The applicant must also ensure that any works within 8m of a watercourse (including discharge to and/or piping of road side ditches) will require full Land Drainage Consent . Please contact the Drainage Team at Drainage@wiltshire.gov.uk

 

19.INFORMATIVES - ECOLOGY:

 

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.

 

Bats

 

There is a low risk that bats may occur at the development site. Many species of bat depend on buildings and trees for roosting, with each having its own preferred type of roost. Bat roosts are protected all times by the Conservation of Habitats and Species 2017 (as amended) 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.

 

Protected Species General

 

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. 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.

 

Non-Mains Drainage

 

A non-mains sewerage system is proposed. Primary responsibility for ensuring sewage systems for new developments are adequate lies with the Building Control Department. We would recommend you satisfy yourself that a non-mains sewerage system is appropriate and practicable in the circumstances taking into account ground water conditions throughout the year. For further guidance see the National Planning Practice Guidance “Water supply, wastewater and water quality”. Any installation of a Package Treatment Plant needs to meet approval of Environment Agency’s requirements under their permitting role.

 

20. INFORMATIVE: ARTIFICIAL 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 in the UK”, issued by the Bat Conservation Trust and Institution of Lighting Professionals.

 

21. CIL INFORMATIVE

 

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 https://www.wiltshire.gov.uk/dmcommunityinfrastructurelevy.