Agenda item

Demolition of existing dwelling and annex and construction of 4 dwellings (Resubmission of PL/2023/08067)

Public Participation

Mr Joe Li (Owner) spoke in support of the application

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

 

The Planning Officer, Jonathan Maidman, introduced a report which recommended that the application Demolition of existing dwelling and annex and construction of 4 dwellings (Resubmission of PL/2023/08067) be approved, subject to conditions.

 

The officer summarised late correspondence relating to an objection by a local resident to the removal of a garage on the site, concerns about the positioning of the proposed tied agricultural dwelling and that this proposed dwelling was too small.

 

Key details stated in the report included the principle of development, Landscape/visual impacts, Residential amenity, Highways, Archaeology and Ecology/River Avon SAC catchment.

 

The officer noted that the dwelling on plot one would be tied as an agricultural dwelling, with dwellings on plots two, three and four to be 3-bed market houses.

 

The existing access was proposed to be blocked up and a new access created, away from the junction. Trees along the frontage would be retained and the site was within the settlement boundary.

 

The applicant had made a request that conditions 4 (external lighting) and 7 (bat and bird boxes) be removed as they had not been included on the previous application or requested in the list of suggested conditions in the appeal statement for the earlier application. 

 

A further request had been made by the applicant to split the landscaping condition into two conditions. One condition would require the submission and agreement of details relating to all existing trees and hedgerows on the land which are proposed to be retained prior to any works commencing. A separate condition would require all proposed landscaping details to be submitted and agreed at a later date.

 

There had been no objection from Highways.

 

Members of the Committee then had the opportunity to ask technical questions of the officer. Details were sought on the timeframe of the pending appeal on a previous application on the site. The Officer confirmed that an appeal statement had been submitted in October 2024 and standard guidance stated approximately 7/8 months for a decision. He further noted that the current application had been submitted to try and overcome the previous refusal. 

 

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 that although the design had been changed, there were still concerns relating to the access. Reference to a tractor warning sign which had been approved under the Local Highway’s and Footpath Improvement Group (LHFIG), had not been installed at the location and that a garage on the site had been demolished prior to planning permission being granted. Further concerns related to the layout of the dwelling on plot one and the amount of traffic passing along the road.

 

The Unitary Division Member, Councillor Rich Rogers moved the motion of Refusal, against Officer recommendation, noting the reasons as CP60 and policies 9 and 10 of the Idmiston Neighbourhood Plan. This motion was seconded by Councillor Sven Hocking.

 

Councillor Rich Rogers then started the debate, noting that whilst he appreciated the scheme had been scaled down and now better reflected local need, that highways matters were still of concern. He suggested there was a need for a transport statement so that the cumulative effects could be considered. 

 

Cllr Rogers also noted that the measures did not address the congestion near the local primary school.

 

The Committee noted the highways concerns and discussed whether some warning signage could be requested to improve matters. The officer noted that if the Committee was minded to approving the application, then a condition could be added to request a signage scheme be submitted to the local authority for approval.

 

The Local Member responded to the proposal of an additional condition, noting that whilst he welcomed proposed changes to the scheme, the Highways matter was not something that the applicant could resolve. 

 

The Committee welcomed the changes which had been made to the revised application in an effort to overcome the previous reasons for refusal, noting that if the scheme went to appeal, it would likely be granted. The Committee asked whether if the current application was approved, would the appeal be withdrawn.

 

The Officer clarified that the earlier application would proceed through the appeal process regardless of the outcome of the current application which was for consideration at the meeting. He advised that the decision to withdraw from an appeal was that of the applicant.

 

The Committee suggested that the parish council approach the LHFIG officer to pursue the tractor warning sign and requested an additional condition relating to a scheme for signage for highway safety at the entrance.

 

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

 

The motion failed.

 

Councillor Brian Dalton then moved the motion of Approval, in line with Officer recommendation, with an additional condition relating to a scheme for signage for highway safety at the entrance, as discussed.

 

The Officer sought clarity on whether the motion included the removal of conditions 4 and 7, as requested by the applicant and explained during the presentation.

 

The Committee discussed condition 4 regarding external lighting and agreed that excess external lighting should be controlled and that condition 4 should remain.

 

Councillor Bridget Wayman moved that condition 4 be left in. This was seconded by Councillor Richard Budden.

 

The Officer asked for confirmation on whether the Committee wished to remove condition 7 (bat and bird boxes). The Committee agreed to leave condition 7 in, as per the report.

 

Councillor Dalton confirmed his motion as moved, to approve the officer recommendation which included conditions 4 and 7.

 

Committee members agreed to splitting the proposed landscaping condition into 2 separate conditions.

 

At the close of debate the Committee voted on the motion of Approval, in line with Officer’s recommendation subject to the additional condition relating to a highway safety signage scheme and the separation of the landscaping condition.

 

It was,

 

Resolved

 

That planning permission for PL/2024/07489 be granted, subject to the following conditions:

 

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:

PR.01 (Location Plan) dated 08/08/2024

PR.02 (Existing Block Plan) dated 08/08/2024

PR.03 (Proposed Block Plan) dated 08/08/2024

PR.04 (Proposed Site Plan, Site Section and Street Scene) dated 08/08/2024

PR.05 (Survey Plan Including Visibility Splays and Proposed Improvements) dated 08/08/2024

PR.06 Rev.A (Proposed Elevations and Floor Plans - Plot 1) dated 30/10/2024

PR.07 (Proposed Elevations and Floor Plans - Plot 2) dated 08/08/2024PR.08 (Proposed Elevations and Floor Plans - Plot 3) dated 08/08/2024

PR.09 (Proposed Elevations and Floor Plans - Plot 4) dated 08/08/2024

Revised Nutrient Calculator received 25/11/2024

Transport Statement received 09/08/2024

Design and Access Statement received 09/08/2024

The Statutory Biodiversity Metric -Small Sites Metric received 16/09/2024

 

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

 

3. The occupation of the dwelling identified as Plot 1 on the approved site plan shall be limited to a person solely or mainly working, or last working, in the locality in agriculture or in forestry, or a widow or widower of such a person, and to any resident dependants.

 

REASON: The site comprises an existing agricultural workers dwelling for which it has not been demonstrated that there is no ongoing need for agricultural workers accommodation and which, if demolished, would be likely to result in a new dwelling in the countryside to meet that need.

 

4. All lighting provided on site shall 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 and will demonstrate that bat habitat (trees, scrub and hedgerows) on the perimeter of the site will remain below 1 lux.

 

REASON: In the interests of the amenities of the area and to minimize impacts on biodiversity caused by light spillage to areas above and outside the development site.

 

5. 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.

 

6. Each of the dwellings hereby approved shall be designed to ensure they do not exceed 110 litres per person per day water consumption levels (which includes external water usage) and shall not be first occupied until a water efficiency assessment has been undertaken to confirm compliance with the Building Regulations Optional requirement of a maximum water use.

 

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

 

7. Prior to the first occupation of any of the dwellings, details of the number, design and locations of bat roosts and nesting opportunities for birds (e.g. bat and bird boxes) shall be submitted to the Local Planning Authority for approval. The approved details shall be implemented before occupation of the final works and retained thereafter for the lifetime of the development.

 

REASON: In the interests of enhancing biodiversity and to ensure compliance with Core Policy 50 of the Wiltshire Core Strategy.

 

8. No development, other than demolition to ground level, shall commence within the red line boundary shown on Location Plan HvW_2303, Sheet No. PR.01, dated 8 August 2024, until:

a) A written programme of archaeological investigation, which should include on-site work and off-site work, including the assessment, analysis, reporting, publication and archiving of the results, has been submitted to and approved in writing 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 record and advance understanding of the significance of the heritage assets to be lost in a manner proportionate to their importance and to make this evidence and any archive generated publicly accessible.

 

9. No development shall commence on site (including any works of demolition), until a Construction Management Statement, together with a site plan, which shall include the following:

1. the parking of vehicles of site operatives and visitors;

2. loading and unloading of plant and materials;

3. storage of plant and materials used in constructing the development;

4. the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

5. wheel washing facilities;

6. measures to control the emission of dust and dirt during construction;

7. a scheme for recycling/disposing of waste resulting from demolition and construction works;

8. measures for the protection of the natural environment. And

9. hours of construction, including deliveries (whilst being mindful of the proximity of the local Primary School). has been submitted to, and approved in writing by, the Local Planning Authority. The

approved Statement shall be adhered to throughout the construction period. The development shall not be carried out otherwise than in accordance with the approved construction method statement.

 

REASON: To minimise detrimental effects to the neighbouring amenities, the amenities of the area in general, detriment to the natural environment through the risks of pollution and dangers to highway safety, during the construction phase.

 

10. No development shall commence on site until visibility splays have been provided 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 north and 43 metres to the south from the centre of the access in accordance with the approved plans. 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.

 

11. The development hereby permitted shall not be first brought into use until at least the first 10 metres of the access track, measured from the edge of the carriageway has been consolidated surfaced (not loose stone or gravel) and drained as shown on drawing ref: PR.05. The access shall be maintained as such thereafter.

 

REASON: In the interests of highway safety.

 

12. No development shall commence on constructing the new dwellings until precise details of the external materials to be used on the dwellings 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.

 

13. No development shall commence on site until a scheme of tree protection 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;

·         finished levels and contours;

·         proposed and existing functional services above and below ground (e.g. drainage, power, communications, cables, pipelines etc indicating lines, manholes, supports etc).

 

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

 

14. No building shall be constructed above slab level 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;

·         means of enclosure;

·         all hard and soft surfacing materials;

 

REASON: To ensure a satisfactory landscaped setting for the

development.

 

15. 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 any of the dwellings or the completion of the development whichever is the sooner; All shrubs,
16. 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.

 

17. Prior to the first occupation of any of the approved dwellings, a scheme for signage for highway safety at the entrance to the proposed development shall be submitted to and approved in writing by the Local Planning Authority. Signage shall be installed as per the approved details and permanently retained thereafter.

 

REASON: In the interests of highway safety.

 

Informatives:

 

 

1. 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.

 

2. 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.

 

3. 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.

 

4. Hampshire River Avon - In relation to Condition 5

 

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.

 

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

 

6. Alterations to Approved Plans

 

Any alterations to the approved plans, brought about by compliance with Building Regulations or any other reason must first be agreed in writing with the Local Planning Authority before commencement of work.

 

7. Permission Not Authorising Work on Land Outside the Applicant's Control & 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.

 

8. Highways - Licence Required

 

The application involves the resurfacing of the existing vehicle 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 or visit their website at http://wiltshire.gov.uk/highways-streets to make an application.

 

9. Biodiversity Net Gain

 

The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition “(the biodiversity gain condition”) that development may not begin unless:

(a) a Biodiversity Gain Plan has been submitted to the planning authority, and

(b) the planning authority has approved the plan.

The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan if one is required in respect of this permission would be Wiltshire Council.

 

There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not always apply. For further information on exempt developments please refer to:

https://www.gov.uk/guidance/biodiversity-net-gain-exempt-developments

 

Based on the information available this permission is considered to be one which will require the approval of a biodiversity gain plan before development is begun because none of the statutory exemptions or transitional arrangements are considered to apply.

 

10. Irreplaceable habitat

 

If the onsite habitat includes irreplaceable habitat (within the meaning of the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024) there are additional requirements for the content and approval of Biodiversity Gain Plans. The Biodiversity Gain Plan must include, in addition to information about steps taken or to be taken to minimise any adverse effect of the development on the habitat, information on arrangements for compensation for any impact the development has on the biodiversity of the irreplaceable habitat.

 

The planning authority can only approve a Biodiversity Gain Plan if satisfied that the adverse effect of the development on the biodiversity of the irreplaceable habitat is minimised and appropriate arrangements have been made for the purpose of compensating for any impact which do not include the use of biodiversity credits.