Agenda item

Erection of two detached dwellings, garages and associated works.

Public Participation

 

Mr Gordon O’Brien, neighbouring resident, spoke in objection to the application.

 

Mr Ernie Clark, neighbouring resident, spoke in objection to the application.

 

Ms Joy Singer, applicant, spoke in support of the application.

 

Verity Giles-Franklin, Senior Planning Officer, introduced the report which recommended the issuing of planning permission to be delegated and deferred to the Head of Development Management granted, following the sealing of a s106 legal agreement, for the erection of two detached dwellings, garages and associated works.

 

Reference was made to the Committee Member site visit that had been scheduled on the morning of the meeting, 16 February 2022. The Case Officer referenced the presentation slides, and the application proposal was set out in detail, including drawing Members’ attention to the fact that part of the site was within the defined settlement limits (and one of the proposed dwellings), whilst the other part and about two thirds of the other dwelling would be outside the limits.

 

The Case Officer explained the proposed site layout plans and the vehicular access point that would be gained through the existing public house car park. It was also highlighted that one plum tree adjacent to the HILP30 public right of way footpath would be removed but that officers had no objections to such work. Members were also advised that a parcel of land owned by the applicant (and kept separate from the two proposed dwellings/plots) would be safeguarded and dedicated for biodiversity betterment to support ecology interest and to be secured by a s106 legal agreement. Members were further advised that the development would require obligations to secure the requisite contribution as set out by the Trowbridge Bat Mitigation Strategy as well as CIL.

 

The Committee was informed that third party/Parish Council concerns had been raised regarding the overdevelopment of the site, however officers explained that the proposed two dwellings would have adequate amenity/garden space and the separation distances to neighbouring properties was considered acceptable.

 

No objections had been raised by the Council’s Aboricultural, Ecology, Highways or Rights of Way officers and it was noted that the site was surrounded by existing residential development.

 

Key issues highlighted included: the principle of development; impacts on the character of the area and designated heritage assets; impacts on neighbouring amenities for both future and existing occupiers; ecology interests; and highway safety. 

                                                               

Members of the Committee had the opportunity to ask technical questions to the officer. The main points of focus included: the safeguarded coppice/grassland area to the rear of the site; the Trowbridge Bat Mitigation Strategy; and details of the s106 legal agreement.

 

In response, the officer confirmed that the securing of the s106 legal agreement and biodiversity enhancement plan would ensure the protection to the grassland parcel and would deliver biodiversity betterment.

 

Members of the public, as detailed above, had the opportunity to address the Committee and speak on the application.

 

Mr Ernie Clark departed the meeting as both a member of the public and a Member of the Committee.

 

Cllr Edward Kirk had called in the application on behalf of Cllr Ernie Clark, Local Unitary Member, however as Cllr Kirk had declared an interest in the Agenda Item and as such, would not participate in the debate and vote, Cllr Stewart Palmen moved that the application be approved as per officer recommendations.

 

During the debate members discussed the impact on neighbouring amenities, as well as the tress covered by the TPO within the application site, and the car parking arrangements. Officers detailed the separation distances from the proposed dwellings to the neighbouring properties, noting that there would be adequate separation distance and that the proposal would exceed the minimum standard distance of 10.5 metres between the dwelling and boundary shared by dwellings. Additionally, it was confirmed that there would not be any window-to-window conflicts given the extensive and well-established landscaped site boundaries which were subject to TPO. With regard to tree protection, officers advised that a separate condition could be included to ensure greater control over protecting and/or re-planting trees that were removed or became diseased and therefore died. It was further confirmed by officers that there was adequate on site car parking for both the application proposal and that the public house would retain sufficient car parking to satisfy the Council’s parking standards.

 

Other points debated were: the five-year land supply and Hilperton Neighbourhood Plan and the safeguarding of the public Right of Way footpath. Officers explained the five-year land supply deficit and the titled balance reasoning, and that in the absence of any substantive and demonstrable harm, the NPPF directed LPAs to approve new housing as set out within Paragraph 11 of the NPPF. Officers also confirmed that an additional condition could be imposed to secure bollards or other suitable means of safeguarding users of the Public Right of Way along part of the vehicular entry to the site under a construction management plan condition requirement.

 

At the conclusion of the debate a vote was taken on the motion to endorse the recommendation to secure a s106 and thereafter delegated authority to officers to approve the application with the addition of the two conditions proposed. Following which, it was:

 

Resolved

 

The Committee APPROVED that planning permission be delegated and deferred to the Head of Development Management granted, following the sealing of a s106 legal agreement covering the matters set out within section 9.7 of the report; 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:

 

Drawing Nos: 2745-04, Location Plan, as received on 23 March 2021; 2745-01C, Proposed Block Plan, as received on 15 September 2021; 2745-05E, Proposed Elevations, Floor Plans and Site Layout, as received on 13 December 2021

 

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

 

3.    No site clearance or development shall commence on site until an Arboricultural Method Statement (AMS) prepared by an arboricultural consultant providing comprehensive details of construction works in relation to trees has been submitted to, and approved in writing by, the
Local Planning Authority. All works shall subsequently be carried out in strict accordance with the approved details. In particular, the method statement must provide the following:

· A specification for protective fencing to trees during both site clearance and construction phases which complies with BS5837:2013 and a plan indicating the alignment of the protective fencing;

· A specification for scaffolding and ground protection within tree protection zones in accordance with British Standard 5837:2013;

· A schedule of tree works conforming to British Standard 3998:2010;

· Details of general arboricultural matters such as the area for storage of materials and concrete mixing

· Plans and particulars showing the siting of the service and piping infrastructure;

· A full specification for the construction of any arboriculturally sensitive structures and sections through them, including the installation of boundary treatment works;

· Method of construction of the access driveway including details of the no-dig specification and extent of the areas of the driveway to be constructed using a no-dig specification;

· Details of the porous surface for the no-dig driveway

· Details of the works requiring arboricultural supervision to be carried out by the developer’s arboricultural consultant, including details of the frequency of supervisory visits and procedure for notifying the Local Planning Authority of the findings of the supervisory visits; and

· Details of all other activities, which have implications for trees on or adjacent to the site.

 

REASON: In order that the Local Planning Authority may be satisfied that the trees to be retained on and adjacent to the site will not be damaged during the construction works and to ensure that as far as possible the work is carried out in accordance with current best practice and section 197 of the Town & Country Planning Act 1990.

 

4.    No site clearance or development shall commence on site until a Biodiversity Mitigation and Enhancement Plan (BMEP) has been submitted to and approved in writing by the Local Planning Authority. The BMEP shall cover the off-site area of (1) flower-rich grassland to be created and, (2) the existing woodland copse. It shall include a marked-up plan showing the area, and cover long-term objectives and targets, management responsibilities and maintenance schedules for each of the ecological features, together with a mechanism for monitoring success of the management prescriptions, incorporating review and necessary adaptive management in order to attain targets.

 

The BMEP shall also include details of the legal and funding mechanism(s) by which long-term implementation of the plan will be secured. The BMEP shall be implemented in full and for the lifetime of the development in accordance with the approved details.

 

REASON: To ensure the long-term management of landscape and ecological features retained and created by the development for the lifetime of the scheme.

 

NOTE: A Section 106 agreement would be required to secure the biodiversity enhancement area and ensure that this buffer zone/mitigation area to the south of the development hereby approved, which is located within the ‘yellow risk’ zone of the TBMS and outside the red line boundary of the application site, is safeguarded and managed in accordance with any approved Biodiversity Mitigation and Enhancement Plan over the lifetime of the residential development.

 

5.    No development shall commence above ground floor slab level until specific details and samples of the materials to be used for the external walls and roofs (including specific details of the stone and larch cladding to be used, including details of any paint or stain finish to the applied to the cladding) 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 Conservation Area.

 

6.    No development shall commence above ground 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:-

• location and current canopy spread of all existing trees and hedgerows on the land;

• full details of all existing trees and hedging 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;

• all means of enclosure;

• car park layouts;

• other vehicle and pedestrian access and circulation areas;

• all hard and soft surfacing materials;

 

REASON: 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.

 

7.    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.

 

8.    No development shall commence on site until a scheme for the discharge of surface water from the site (including surface water from the access and driveway for the dwellings), incorporating sustainable drainage details, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be first occupied until surface water drainage has been constructed in accordance with the approved scheme.

 

REASON: To ensure that the development can be adequately drained.

 

9.    The development hereby approved shall be carried out in strict accordance with all of the recommendations for mitigation and compensation set out in the Ecology Strategy & Mitigation Strategy (produced by Malford Environmental Consulting Ltd, dated 18 February, 2021) and the Great Crested Newt Reasonable Avoidance Measures (produced by Malford Environmental Consulting Ltd, dated 4 October 2021).

 

REASON: To ensure adequate protection and mitigation for protected species through the implementation of detailed mitigation measures that were prepared and submitted with the application before determination.

 

10.The development hereby approved shall be carried out in strict accordance with all of the recommendations for mitigation and compensation set out in the Bat Mitigation Strategy (produced by Malford Environmental Consulting Ltd, dated 4 October 2021). This shall include all biodiversity protection and management of the on-site hedgerows, and all enhancements as detailed on the mitigation strategy plan shown on page five of the aforementioned report.

 

REASON: To ensure adequate protection and mitigation for protected species through the implementation of detailed mitigation measures that were prepared and submitted with the application before determination.

 

11.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 have been submitted to and approved in writing by the Local Planning Authority. The plans shall be in accordance with the appropriate Environmental Zone standards set out by the Institution of Lighting Professionals in their publication GN01:21, ‘Guidance Note 1 for the reduction of obtrusive light 2021’ (ILP, 2021), and Guidance Note GN08-18 ‘Bats and artificial lighting in the UK’, produced by the Bat Conservation Trust and Institution of Lighting Professionals.

 

Where light spill has the potential to impact bat habitat, a lighting impact assessment must be submitted as part of any discharge of conditions application to demonstrate that the requirements of Section 8.3 of the Trowbridge Bat Mitigation Strategy February 2020 are met.

 

The approved lighting shall be installed and 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 in order to minimise unnecessary light spillage above and outside the development site and to ensure lighting meets the requirements of the Trowbridge Bat Mitigation Strategy.

 

NOTE:  This condition can only be discharged when a post-development lighting survey conducted in accordance with Section 8.3.4 of the Trowbridge Bat Mitigation Strategy has been submitted to the Local Planning Authority demonstrating compliance with the approved lighting plans, having implemented and retested any necessary remedial measures.

 

12.No development shall commence on-site (including any site clearance works), 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

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;

h) measures for the protection of the natural environment.

i) hours of construction, including deliveries

j) the design specification and installation of a permanent means of boundary site protection for the public right of way footpath HILP30, such as the provision of bollards or another means of safeguarding the open stretch of HILP30 adjacent to the Lion and Fiddle car park, which shall be put in place prior to the construction works and thereafter be retained and maintained for the lifetime of the development 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: 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.

 

13.Should any tree(s) on the site or along the site boundary within the control of the applicant, be removed or become damaged or diseased, they shall be replaced with native tree specimen(s) with the exact species and planting stock details to be submitted to and approved in writing by the Local Planning Authority and thereafter, be planted within the next planting season.

 

For most cases, all replacement tree(s) shall be planted at or as close as possible to the position of the felled/replaced tree(s) insofar as it is reasonably practicable.

 

The replacement tree shall be properly maintained thereafter, and should any replacement tree(s) be removed or become damaged or diseased, they shall be replaced in the next planting season with the same agreed species. If a variation in species is required due to disease, the prior written agreement must be obtained from the Local Planning Authority before the replacement is planted.

 

REASON: To ensure that trees are replaced for the benefit of neighbouring amenity, visual amenity and character and appearance of the area and for ecology interest.

 

14.No lighting shall be used throughout the construction phase of the development hereby approved and no development (including any demolition or ground works) shall take place outside daylight hours.

 

REASON: The introduction of artificial light/noise disturbance is likely to mean such species are disturbed and/or discouraged from using established flyways or foraging areas. Such disturbance will constitute an offence under relevant wildlife legislation.

 

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 drawing no. 2745-05 Rev E. The areas shall be maintained for those purposes at all times thereafter.

 

REASON: In the interests of highway safety and to ensure that the dwellings are served by adequate access and car parking

 

16.No materials, plant, temporary structures or excavations of any kind should be deposited/undertaken which obstruct or adversely affect the public right of way whilst development takes place.

 

REASON: To ensure the public right of way remains available and convenient for public use

 

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 that Order with or without modification), the garage(s) hereby permitted shall not be converted to habitable accommodation.

 

REASON: To secure the retention of adequate parking provision, in the interests of highway safety.

 

 

INFORMATIVES TO APPLICANT:

 

1.    The applicant is advised that the development hereby approved represents 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: Community Infrastructure Levy - Wiltshire Council

 

2.    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.

 

3.    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.

 

4.    Any new connections to Wessex Water’s infrastructure would require their prior consent and therefore the applicant is advised to contact the respective water undertaker directly regarding this matter and proposal.