Agenda item

11/02331/FUL - Land Rear of 6 Upper Pavenhill, Purton

Minutes:

Public Participation

 

Mr Patrick Griffiths spoke in objection to the application.

Mrs S Wheeler spoke in objection to the application.

 

The Committee received a presentation by the Planning Officer detailing the main issues in respect of the application, including scale of the application and access, and recommended that planning permission be delegated to the Area Development Manager subject to conditions and subject to the applicant entering into a legal agreement under S.106 of the Town and Country Planning Act 1990 in respect of the provision of a financial contribution towards public open space. Attention was also drawn to the late observations provided with the report.

 

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

 

Cllr Jacqui Lay, the local Member, spoke in objection to the application.

 

After discussion,

 

Resolved:

 

Subject to the applicant entering into a legal agreement under S.106 of the Town and Country Planning Act 1990 in respect of the provision of a financial contribution towards public open space, as required by policy CF3 of the adopted North Wiltshire Local Plan 2011, it is recommended that planning permission be DELEGATED to the Area Development Manager for the following reason:

 

The scale and layout of the proposal is considered to be acceptable in the context of the surrounding area and the proposal is not considered to result in an unacceptable impact upon the residential amenity of surrounding properties.  Sufficient car parking and manoeuvring space is provided within the site and the proposed development would not be detrimental to highway or pedestrian safety.  In this way the proposed development is considered to comply with the provisions of policies C3, H3 and CF3 of the adopted North Wiltshire Local Plan 2011 and the guidance contained within Planning Policy Statement 3: Housing.

 

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.

 

POLICY - C3 of the North Wiltshire Local Plan 2011.

 

3.    The development hereby permitted shall not be first brought into use until the Right of Way surface has been upgraded and shall be a consolidated surface (not loose stone or gravel) in accordance with drawing NAD 0135 (This includes the provision of kissing gates).  Full details of the construction specification and kissing gates shall be submitted and approved in writing by the Local Planning Authority prior to works being constructed.

 

REASON: In the interests of highway safety.

 

POLICY - C3 of the North Wiltshire Local Plan 2011.

 

4.    No part of the development hereby permitted shall be first occupied until the access, turning area, parking spaces have been completed in accordance with the details shown on the approved plans.  These areas shall be properly consolidated and surfaced (not loose stone or gravel).  The areas shall be maintained for those purposes at all times thereafter.

 

REASON: In the interests of highway safety.

 

POLICY - C3 of the North Wiltshire Local Plan.

 

5.    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 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 10 metres in both directions 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 1 metre above the level of the adjacent carriageway.

 

REASON: In the interests of highway safety.

 

POLICY - C3 of the North Wiltshire Local Plan 2011.

 

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

 

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

                       

POLICY - C3 of the North Wiltshire Local Plan 2011.

 

7.    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:

 

(a) indications of all existing trees and hedgerows on the land;

(b) details of any to be retained, together with measures for their protection in the course of development;

(c) all species, planting sizes and planting densities, spread of all trees and hedgerows within or overhanging the site, in relation to the proposed buildings, roads, and other works;

(d) finished levels and contours;

(e) means of enclosure;

(f) car park layouts;

(g) other vehicle and pedestrian access and circulation areas;

(h) hard surfacing materials;

 

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

 

POLICIES - C3 and NE14 of the North Wiltshire Local Plan 2011.

 

8.    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.

 

POLICIES - C3 and NE14 of the North Wiltshire Local Plan 2011.

 

9.    No demolition, site clearance or development shall commence on site until an aboricultural statement and tree protection plan of all relevant details above and below ground have been submitted to and approved in writing by the Local Planning Authority.

 

No retained tree/s shall be cut down, uprooted, or destroyed, nor shall any retained tree/s be topped or lopped other than in accordance with the approved plans and particulars without prior written approval of the Local Planning Authority.  Any topping or lopping approval shall be carried out in accordance with BS 3998 2010 British Standard for Tree Work or arboricultural techniques where it can be demonstrated to be in the interest of good arboricultural practice.

 

If any tree is removed, uprooted, destroyed or dies, another tree shall be planted at the same place at a size and species planted at such time that must be agreed in writing with the Local Planning Authority.

 

No equipment, machinery or materials shall be brought onto the site for the purpose of development until a scheme showing the exact position of protective fencing to enclose all retained trees and hedgerows beyond the outer edge of overhang of their branches in accordance with British Standard 5837: 2005: Trees in Relation to Construction has been submitted to and approved in writing by the Local Planning Authority and protective fencing has been erected in accordance with the approved plans.  The protective fencing shall remain in place for the entire development phase and until all equipment, machinery and surplus materials have been removed from the site.  Such fencing shall not be removed or breached during construction operations without prior written approval by the Local Planning Authority.

 

In this condition “retained trees” means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs above shall have effect until the expiration of five years from the first occupation or the completion of the development whichever is later.

 

No fires shall be lit within 15 metres of the furthest extent of the canopy of any tree or group of trees to be retained on the site or adjoining land and no concrete, oil, cement, bitumen or other chemicals shall be mixed or stored within 10 metres of the trunk or any tree or group of trees to be retained on the site or adjoining land.

 

REASON: To prevent trees being retained on or adjacent to the site from being damaged during the construction works and in the interest of visual amenity.  

 

POLICY - NE14 of the North Wiltshire Local Plan 2011.

 

10. 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 garages, sheds, greenhouses and other ancillary domestic outbuildings shall be erected anywhere on the site on the approved plans.

 

REASON:  To safeguard the character and appearance of the area.

 

POLICY - C3 of the North Wiltshire Local Plan 2011.

 

11. The development hereby permitted shall be implemented in accordance with the submitted plans and documents listed below. No variation from the approved plans should be made without the prior approval of the local planning authority. Amendments may require the submission of a further application.

 

- NAD 0135 – Proposed new bungalow, date stamped 6th July 2011

 

REASON: To ensure that the development is implemented as approved.

 

Informatives

 

Thames Water will aim to provide customers with a minimum pressure of 10m head (approximately 1 bar) and a flow rate of 9 litres / minute at the point where it leaves Thames Water pipes.  The developer should take account of this minimum pressure in the design of the proposed development.

Supporting documents: