Agenda item

Land adjacent to no.7 & no.9 Bayntun Close, Bromham, Chippenham Wiltshire SN15 2JG - Erection of detached dwelling and associated driveway (resubmission of E/10/1172/FUL).

Land adjacent to no. 7 & no. 9 Bayntun Close, Bromham, Chippenham, Wiltshire SN15 2JG – Erection of detached dwelling and associated driveway (resubmission of E/10/1172/FUL).

 

The following people spoke in objection to the proposal:

 

Sandra Lovell, as agent on behalf of Mr J Abbott, an immediate neighbour

 

The following people spoke in support of the proposal:

 

Mr Elliott, Chairman of the former owner of the site

Jean Collens, representing Bromham Parish Council

 

The Committee received a presentation from the Development Control Team Leader (East) which set out the main issues in respect of the application. He introduced the report, which recommended refusal.

 

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

 

After discussion regarding:

 

a) Principle of development

b) Impact on the streetscene

c) Impact of residential amenity

d) Impact on flooding

e) Design matters including the height and massing of the proposal

 

And upon hearing the views of the local Members, Cllr Liz Bryant, it was,

 

Resolved:

 

That planning permission is granted for the following reason:

 

The proposed dwelling would be in scale and harmony with existing bungalows in Bayntun Close and it would cause no harm to the visual amenities of the area or the residential amenities of neighbouring occupiers.  As such, it is considered that the proposals would comply with policies HC22 and PD1 of the Kennet Local Plan 2011.

 

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.     No development shall commence on site until details and 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.

 

3.     No development shall commence on site until a surface water drainage strategy and flood risk assessment have been submitted to and approved in writing by the Local Planning Authority. The submitted details shall include full infiltration testing results for any soakaways being proposed.  Development shall be carried out in accordance with the approved details prior to first occupation of the dwelling.

 

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

 

4.     No development shall commence on site until details of the retaining wall supporting the public right of way at the rear of the site (including structural calculations and design specification) have been submitted to and approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the approved details prior to first occupation of the dwelling.

 

REASON: To protect the public right of way.

 

5.     The dwelling hereby permitted shall not be occupied until the 2m high wall on the boundary with 9 Bayntun Close has been constructed in accordance with the details shown on the approved plans.  The wall shall be maintained in accordance with the approved details thereafter.

 

REASON: In the interests of neighbour amenity.

 

6.     The dwelling hereby permitted shall not be occupied until the Tarmac driveway has been completed in accordance with the details shown on the approved plans.  The driveway shall be maintained thereafter for use in connection with the development.

 

REASON: In the interests of highway safety.

 

7.     The dwelling hereby permitted shall not be occupied until a channel cut-off drain has been provided at the rear edge of the public highway across the driveway.

 

REASON: To prevent discharge of surface water onto the public highway in the interests of highway safety.

 

8.     Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any Order revoking or re-enacting or amending that Order with or without modification), no windows, doors or other form of openings other than those shown on the approved plans, shall be inserted above ground floor ceiling level in the front (west) elevation of the dwelling hereby permitted.

 

REASON: In the interests of neighbour amenity.

 

9.     Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (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 the dwelling 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.

 

10.  INFORMATIVE TO APPLICANT:

 

The applicant should note that a claim for a right of way has been made which would affect this site.  It passes through the NE section of the site, including through the NE part of the proposed house. While this has been turned down by Wiltshire Council, the applicant has the right to appeal and there is the possibility that the Secretary of State could require Wiltshire Council to make an order to record the right of way.  Were the house to be built it is possible that the part of the house on the line would be required to be demolished unless an application for a diversion was submitted and was successful.  The applicant is strongly advised to contact Wiltshire Council’s rights of way section before beginning any development on this site.

 

 

11.  This decision relates to documents/plans submitted with the application, listed below. 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.

 

(a)  Application Form, Design & Access Statement (Revision B February 2011) and Drawing nos. 3102/12A & 3102/14 received on the 3^rd March 2011.

 

(b)  Drawing nos. 3102/11C & 3102/13C received on 19^th May 2011.

 

(c)  Computer generated image received by email on 31^st July 2011.