Agenda item

The following people spoke against the proposal

 

Mr AJ Hopkinson, a local resident

Cllr Colin Osborn, representing Market Lavington Parish Council

 

The following person spoke in support of the proposal

Mr Shane Marshall, the applicant

 

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 that planning permission be granted subject to conditions.

 

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 the planning application.

 

Members then heard the views of Cllr Richard Gamble, as local Member, who did not support the proposal.

 

After discussion,

 

Resolved:

 

To grant planning permission for the following reason and subject to the conditions listed below:

 

Reason for Decision

 

The decision to grant planning permission has been taken on the grounds that the proposed development would not cause any significant harm to interests of acknowledged importance and having regard to the following:

 

(a)       Policy PD1 of the Kennet Local Plan 2011.

 

(b)       Supplementary planning guidance contained in the Market Lavington Conservation Area Statement.

 

(c)       Government policy contained in PPS3: 'Housing' and PPS5: 'Planning for the Historic Environment'.

 

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 of the proposed ground floor slab levels for the dwelling on plot 4 have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved levels details.

REASON:  In the interests of visual amenity.

 

3          No development shall commence on site until samples of the materials to be used for the external walls and roofs of plot 4 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 preserving the character and appearance of the conservation area and the setting of the listed building.

 

4          No development shall commence on site until details of the eaves and verges for the dwelling on plot 4 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 preserving the character and appearance of the conservation area and the setting of the listed building.

 

5          No development shall commence on site until details of all new window and external door joinery for plot 4 have been submitted to and approved in writing by the Local Planning Authority. The submitted details shall include depth of reveal, details of heads, sills and lintels, elevations at a scale of not less than 1:10 and horizontal/vertical frame sections (including sections through glazing bars) at not less than 1:2.  Development shall be carried out in accordance with the approved details.

REASON:  In the interests of preserving the character and appearance of the conservation area and the setting of the listed building.

 

6          The rainwater goods to be installed in the development hereby permitted shall be of cast metal construction and finished in black.

REASON:  In the interests of preserving the character and appearance of the listed building and its setting.

 

7          The bricks to be used in constructing the walls of the dwelling on plot 4 shall be laid in Flemish bond.

REASON:  In the interests of preserving the character and appearance of the conservation area and the setting of the listed building.

 

8          Notwithstanding the details shown on the submitted plans and particulars, prior to the installation of any external lighting, details of its positioning and appearance shall be 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 preserving the character and appearance of the conservation area and the setting of the listed building.

9          Development shall be carried out in accordance with the mitigation measures detailed in Sections 8 and 9.5 of the Updated Bat Survey and Mitigation Report (Home and Country Solutions, September 2010).submitted with planning application reference E/10/0965/FUL.  Plot 3 shall not be occupied until written confirmation has been submitted to the Local Planning Authority by a licensed bat worker that all mitigation measures have been completed in accordance with this mitigation scheme.

REASON:  To ensure that any impact of development upon bats is properly mitigated.

 

10        No development shall commence on site until there has been submitted to and approved in writing by the Local Planning Authority a scheme of hard and soft landscaping, which shall include details of all boundary treatments, details of the surfacing for the driveway and parking spaces, and details of new tree planting.

REASON:  In the interests of preserving the character and appearance of the conservation area and the setting of the listed building.

 

11        All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the occupation of the dwellings 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 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:  In the interests of preserving the character and appearance of the conservation area and the setting of the listed building.

 

12        There shall be no excavations to a depth greater than 2 metres below existing ground levels (as detailed on drawing no. 828-01), unless otherwise agreed in writing by the Local Planning Authority.

REASON:  To safeguard the site of archaeological interest. 

 

13        No part of the development shall be occupied until the access, turning area and parking spaces have been provided in accordance with the approved plans.  The areas shall be maintained for those purposes at all times thereafter.

REASON:  In the interests of highway safety and the amenity of future occupants.

 

14        The lean-to structure on the south-west elevation of plot 4 shall be retained as an open ended car port and it shall be kept available at all times for the parking of a car.  The structure shall not be enclosed at either end to create a garage nor shall it be used for storage or as habitable accommodation without a separate grant of planning permission.

REASON:  To ensure adequate parking on the site in the interests of highway safety.

 

15        The windows at first floor level shown on the approved plans on the north-west and south-east elevation of plot 3 shall be glazed with obscured glass and shall be so maintained thereafter.

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

 

16        The dwelling on plot 3 shall not be occupied until the window in the north-east elevation has been infilled with brick to match the existing building. 

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

 

17        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 shall be inserted in the north-east elevation or above ground floor ceiling level in the north-west or south-east elevations of the dwelling on plot 3.

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

 

18        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, Tree Statement and Drawing no. 828-01 received on 11th January 2012.

(b)       Drawing nos. 828-02 Rev A & 828-03 Rev A received on 5th February 2012.

 

19        Notwithstanding the details shown on the plans and 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 doors shall be placed over the entrance to the garage on plot 3.

REASON:

To ensure that the garage is kept available for use for the parking of vehicles, in the interests of highway safety and providing adequate off-street parking.

 

 

20        INFORMATIVE TO APPLICANT:

Your attention is also drawn to the conditions imposed on the listed building consent reference E/2012/0114/LBC and dated 5th April 2012.