Agenda item

Land at Kennet Rise, Axford, Marlborough, Wilts SN8 2HA – Removal of condition 9 of permission E/09/0873/FUL to remove requirement for visibility splay.

Land at Kennet Rise, Axford, Marlborough, Wilts SN8 2HA – Removal of condition 9 of permission E/09/0873/FUL to remove requirement for visibility splay.

 

The following people spoke against the proposal:

 

Mrs Rosemary Henderson, local resident

Mr David De Saxe, local resident

Mr Hamish Watson, local resident

 

The following people spoke in favour of the proposal:

 

Mr Christian Silk, the applicant’s solicitor

 

The Committee received a presentation by the Area Development Manager which set out the main issues in respect of the application. He introduced the report, which recommended approval, and drew members’ attention to the late items.

 

Members of the Committee then had the opportunity to ask technical questions, after which the Committee received statements from members of the public as detailed above, expressing their views regarding this planning application.

 

The Committee sought the professional advice of Grahame Kean, Senior Solicitor, and Roger Witt, Senior Highways Development Control Officer, on behalf of the authority.

 

After discussion regarding:

 

·         Whether the proposed removal of the condition in question would have an unacceptably adverse impact on highway safety

 

It was,

 

Resolved:

 

To defer and delegate authority to the Area Development Manager to grant planning permission, subject to a Section 106 agreement to the same effect as that made in respect of the original application (ref. E/09/0873/FUL) for the following reasons:

 

The retention of the planning condition is not essential as satisfactory visibility can be safeguarded to the west and whilst there is limited obstruction of the visibility splay to the east, the access is in the same position as the long-existing access that has served a parking court and parking area on this site for more than 25 years without any accident record. As the levels of traffic from the use of the access to serve the development proposed are unlikely to be materially different from the historic use, it would be unreasonable to insist that the condition be retained. Removal of the condition would therefore not conflict with policy PD1 of the Kennet Local Plan.

 

And subject to the following conditions:

 

1.     The development hereby permitted shall be begun before 9^th August 2013.

 

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 materials to be used for the external walls and roofs shall be those specified in the External Materials Schedule dated 20/09/10. Development shall be carried out in accordance with these approved details.

 

REASON: To secure harmonious architectural treatment.

 

3.     All soft landscaping comprised in the approved details of landscaping shown on drawing no. KEN.AX.01 Rev B shall be carried out in the first planting and seeding season following the occupation of the buildings or the completion of the development whichever is the sooner; 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 shown on drawing numbers 3166/002 dated 29/04/09 and E/3194/04 dated 06/10/09 shall be completed 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.

 

4.     In this condition "retained tree" means an existing tree which is to be retained in accordance with the approved plans and particulars, including trees on land adjoining the site; and paragraphs (a) and (b) below shall have effect until the expiration of three years from the first occupation or the completion of the development, whichever is the earlier.

 

(a) No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the written approval of the local planning authority.  Any topping or lopping approved shall be carried out in accordance with British Standard 3998 (Tree Work).

 

(b) If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species and shall be planted at such time, as may be specified in writing by the local planning authority.

 

(c) All retained trees shall before any equipment, machinery or materials are brought on to the site for the purpose of the development, be enclosed in accordance with British Standard 5837 (2005) Tress in Relation to Construction at the outer edge of the overhang of their branches by a chestnut paling fence (or other type of fencing agreed in writing by the local planning authority).  The exact position of this fencing shall be as shown on drawing no. CON/281/TP1.  This fencing shall be maintained until all equipment, machinery and surplus materials have been removed from the site.  Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the written consent of the local planning authority.

 

REASON: To enable the local planning authority to ensure the retention of trees on and adjoining the site in the interests of visual amenity.

 

5.     The proposed 1.8 metre high close boarded fences shown on drawing numbers 3166/002 dated 29/04/2009 and 3166-20 dated September 2010, together with the hedges approved under the approved landscaping scheme shall be completed in accordance with the approved details, with the fences completed prior to the first occupation of the houses and the hedges in accordance with the landscaping scheme in condition 3 above.

 

REASON: To ensure a satisfactory setting for the development.

 

6.     Before any part of the development hereby permitted is first occupied the access, turning area and 30 parking spaces shall be completed in accordance with the details shown on the approved plans, and shall thereafter be maintained for these purposes.  Ten of the parking spaces shall be reserved exclusively for the approved development; the remaining 20 spaces shall be made available to the public, and use for this purpose and access thereto, shall be made available at all times.

 

REASON: In the interests of highway safety and the proper planning of the site, to ensure that the parking area proposed is not kept solely for the residents of the proposed houses, as this would be over provision, but is made available to provide off-street parking for the public, in the interests of road safety.

 

7.     The gradient of the new access road shall not exceed 1 in 12 for the first 5 metres back from the edge of the public highway.

 

REASON: In the interests of highway safety and to provide a safe and usable means of access to the development.

 

8.     Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order, 1995 (or any Order revoking and re-enacting or amending that Order with or without modification), no windows, doors or other openings, other than those shown on the approved plans shall be inserted in the east facing elevation of the building hereby permitted.

 

REASON: In the interests of the privacy of the neighbouring properties.

 

9.     Before the first occupation of any dwelling on the site, the 2 metre wide footway shown on drawing E/3194/04 & E/3194/02 shall be completed in accordance with the details shown.

 

REASON: In the interests of highway safety.

 

10.  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order, 1995 (or any Order revoking and re-enacting or amending that Order with or without modification), no additions to, or extensions or enlargements of, the buildings hereby approved shall be erected.

 

REASON: To enable the local planning authority to retain control over the enlargement of the building(s) in the interests of the proper planning and amenity area.

 

11.  The treatment of the common boundary between the site and nos. 1-3 Quality Court shall be as shown on drawing nos KEN.AX.01RevB and 3166/102 RevA. The development shall not be occupied until the boundary treatment is implemented in accordance with the approved details.

 

REASON: In the interests of safeguarding the privacy of the occupiers of nos 1-3 Quality Court.

 

12.  No dwelling shall be occupied until the sewerage treatment works have been completed in accordance with the submitted plans.

 

REASON: To ensure satisfactory foul water drainage.

 

13.  The surface water drainage scheme shown on drawing no E/3194/03 Rev B shall be carried out in accordance with the approved details before any dwelling is first occupied.

 

REASON: To ensure satisfactory surface water drainage.

 

14.  The site shall be decontaminated in accordance with the revised method statement for capping to landscaped areas and gardens by T&P Regeneration dated 23/09/10 before any dwelling is first occupied.

 

REASON: In the interests of the safety of the public and the environment.

 

15.  The ground floor slab levels shall be as set out in drawing numbers E/3194/02and 04 (and the related retaining structures shown on drawing numbers 3166-022; 023 and 024). Development shall be carried out in accordance with these approved details.

 

REASON: In the interests of visual amenity.

 

16.  The developer shall give one month's written notice to the County Library and Museum Service, County Hall, Trowbridge, before any operations commence on site, and shall afford access at all reasonable times to any archaeologist and allow him/her to observe the excavations and record items of interest and finds.

 

REASON: The proposal involves building operations in an area of potential archaeological interest.

 

17.  INFORMATIVE TO APPLICANT:

This decision relates to documents/plans submitted with the application E/09/0873/Ful, listed below. With the exception of the visibility splay that as a result of this decision is no longer required, No variation from the approved documents should be made without the prior approval of this Council. Amendments may require the submission of a further application.  Failure to comply with this advice may lead to enforcement action which may require alterations and/or demolition of any unauthorised buildings or structures and may also lead to prosecution.

 

Plan no. 3166/002 Rev G dated 29/04/09 (received by lpa 22/10/09);

Plan no. 3166/003 Rev B dated 08/09 (received by lpa 08/09/09).

 

18.  INFORMATIVE TO APPLICANT

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 his/her 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.

 

19.  INFORMATIVE TO APPLICANT:

In relation to the access road, the applicant is advised that the Highway Authority is not required to adopt a road of this type which essentially provides access to a privately owned car park and sewerage treatment works.  In any event, the access road would appear on face value to have a gradient in excess of what would be acceptable to the Highway Authority to adopt.