Agenda item

21/01153/FUL - Land at Dyers Close, Chippenham

Demolition of existing garages; erection of detached bungalow with associated garage/parking and landscaped curtilage area and public turning space.

Minutes:

Public Participation

Mark Humphrey spoke in objection of the application

Peter Crozier spoke in support of the application.

Councillor Matthew Short spoke on behalf of Chippenham Town Council.

 

Development Management Team Leader, Simon Smith presented a report which outlined the demolition of existing garages; erection of detached bungalow with associated garage/parking and landscaped curtilage area and public turning space.

 

Details were provided of the site including the principle of development, design and layout, impact on amenity, impact on highways, impact on heritage assets, impact on ecology, impact on drainage.

 

Members of the Committee had the opportunity to ask technical questions regarding the application. Details were sought as to whether the property had windows that overlooked the property at the rear. It was additionally clarified that the area which acted as a turning head at the top of the road was owned, but had been agreed to be for resident’s use. The use of the garages for residents in the locality was also questioned as well as when this would have been filed for original consent.

 

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

 

The Local Unitary Member, Councillor Liz Alstrom, then spoke regarding the application.Key points included that a gap between the hedging along the property which was an entrance way to property No.13 had been omitted from the applicant’s proposed plans, which were formulated without prior consultation and included intention to create a new parking space directly in front of the No.13 entrance. The loss of off-street parking would mean having to find space in a neighbouring street, therefore exacerbating the local parking issue; whilst also being impractical to the owner of No.13 who is registered as disabled.

 

Additionally, Councillor Alstrom noted that the area proposed in the plans would not allow vehicles to turn, consequently causing road users to have to reverse, which would not be safe.

 

At the start of the debate a motion to move and accept the officer recommendation was moved by Councillor Trotman and seconded by Councillor Puntis. An amendment was agreed that an Informative would be added that the Council would have an expectation that the applicant would deliver alternative off-street parking arrangements for No.13 Dyers Close to replace that lost through development taking place.   

 

During the debate issues included: whether it would be possible to arrange for a designated parking area for the residents of No.13 if the application was to be approved along with the potential for conditions. Additionally, potential enforcement was discussed as well as what might be the consequences of a potential breach of condition. It was also stressed that the civil matter within the application would remain outside of the planning process.

 

At the conclusion of the debate, it was,

 

Resolved:

 

That planning permission be GRANTED in accordance with the recommendation set out in the report, with the following additional informative:

 

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. No development shall commence on site until the exact details and samplesof 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.

 

3. 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;

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.

 

4. 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.

 

5. 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 additions to, or extensions or enlargements of any building forming part of the development hereby permitted.

 

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.

 

6. No development shall commence on site until an investigation of the history and current condition of the site to determine the likelihood of the existence of contamination arising from previous uses has been carried out and all of the following steps have been

complied with to the satisfaction of the Local Planning Authority:

 

·       Step (i) A written report has been submitted to and approved by the Local Planning Authority which shall include details of the previous uses of the site for at least the last 100 years and a description of the current condition of the site with regard to any activities that may have caused contamination. The report shall confirm whether or not it is likely that contamination may be present on the site.

 

·       Step (ii) If the above report indicates that contamination may be present on or under the site, or if evidence of contamination is found, a more detailed site investigation and risk assessment has been carried out in accordance with DEFRA and Environment Agency’s “Model Procedures for the Management of Land Contamination CLR11” and other authoritative guidance and a report detailing the site investigation and risk assessment shall be submitted to and approved in writing by the Local Planning Authority.

 

·       Step (iii) If the report submitted pursuant to step (i) or (ii) indicates that remedial works are required, full details have been submitted to the Local Planning Authority and approved in writing and thereafter implemented prior to the commencement of the development or in accordance with a timetable that has been agreed in writing by the Local Planning Authority as part of the approved remediation scheme. On completion of any required remedial works the applicant shall provide written confirmation to the Local Planning Authority that the works have been completed in accordance with the agreed remediation strategy.

 

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 that land contamination can be dealt with adequately prior to the use of the site hereby approved by the Local Planning Authority.

7. No development shall commence on site (including any works of demolition), until a Construction Method Statement, which shall include the following:

 

a)    the parking of vehicles of site operatives and visitors;

b)    loading and unloading of plant and materials;

c)    storage of plant and materials used in constructing the development;

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

e)    wheel washing facilities;

f)      measures to control the emission of dust and dirt during construction;

g)    a scheme for recycling/disposing of waste resulting from demolition and construction works; and

h)    measures for the protection of the natural environment. i) hours of construction, including deliveries;

 

has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be complied with in full throughout the construction period. The development shall not be carried out otherwise than in accordance with the approved construction method statement.

 

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 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.

 

8. The development hereby permitted shall be carried out in accordance with the following approved plans:

 

Proposed Plans, Elevations and Block Plan 20539-10A Received 25th June 2021.

 

Existing Topographical Survey

Existing Floor Plan

Existing Elevations and Sections

Location Plan

Received 3rd February 2021.

 

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

 

9. No occupation of the development shall commence until the access, parking and turning areas shown on drawing number No.200539-10 A, Site Plan & Block Plan, have been laid out and constructed with a bound and compacted surface (not loose stone or gravel). The turning space shall be kept clear of obstruction, and available for use as a turning space, at all times.

 

REASON: To ensure that vehicles can enter and leave the site in a forward gear, and users of Dyers Close have a means of manoeuvring at the end of the road, in the interests of highways safety.

 

INFORMATIVES TO APPLICANT: -

 

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.

 

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.

 

Please note that Council offices do not have the facility to receive material samples. Please deliver material samples to site and inform the Planning Officer where they are to be found.

 

In granting this planning permission, the Northern Area Planning Committee of Wiltshire Council has an expectation that the applicant will deliver alternative off-street parking arrangements for No.13 Dyers Close to replace that lost though development taking place.  It is anticipated that the arrangements for that alternative parking will be informed by prior meaningful discussion with the owners of No.13 Dyers Close and delivered as part of the development and without cost to them

 

Councillor Puntis left the meeting after this item, the time being 6:05 pm.

Supporting documents: