Agenda item

Public Participation

Mr Clive Letchford spoke in objection to the application.

Mr Roger Smith, agent, spoke in support of the application.

 

 

The Planning Officer introduced a report which recommended approval. The key issues included the scale and design of the development, the highways impact and relationship to adjoining properties. The previous planning history on the site was highlighted, as detailed in the report papers.

 

The Committee then has the opportunity to ask technical questions of officers. Potential impacts on two care homes north of the site was sought, along with further aspects of the previously agreed permission. The request of the Fire and Rescue Service for a contribution from the developer was also raised. In response to queries, it was stated the increased development did not meet the requirements to request an affordable housing contribution.

 

Members of the public then had the opportunity to address the Committee with their views, as detailed above.

 

The Local Member, Cllr Trevor Carbin, then spoke in objection to the proposal.

 

A discussion followed, where the impact on local amenity was debated, along with the level of and timing of any construction traffic at the site and the extent of parking at the site.

 

After debate, it was,

 

Resolved:

 

That Planning Permission be GRANTED for the following reason:

 

The proposed development conforms to the Development Plan and there are no objections to it on planning grounds.

 

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 all 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: West Wiltshire District Plan - 1st Alteration policies H1 and C31a.

 

3        The development hereby permitted shall not be occupied until the first five metres of the accesses, measured from the edge of the carriageway, have been consolidated and surfaced (not loose stone or gravel). All three accesses adjoining the public highway shall be maintained as such thereafter.

 

          REASON: In the interests of highway safety.

 

4        The dwellings hereby approved shall only be occupied as single private residential units and shall not be occupied as an HMO (House in Multiple Occupation). Before any of the dwellings hereby approved are first occupied, the use of Smallbrook house as and HMO shall permanently cease.

 

          Reason: In the interests of highway safety and in order to define the terms of this permission.

 

5        Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, or any Order revoking and re-enacting that Order with or without modification, no development falling within Schedule 2, Part 1 Classes A-E of the Order, shall be carried out without the express planning permission of the Local Planning Authority.

 

          Reason: In order to define the terms of this permission and to ensure that the Local Planning Authority has control over future extensions on this site.

 

6        Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, or any Order revoking and re-enacting that Order with or without modification, no windows or door openings, other than those hereby approved, shall be added to any of the gables forming plots 4, 6, 7, 8 and 9 without the express planning permission of the Local Planning Authority.

 

          Reason: In order to define the terms of this permission and in the interests of protecting residential amenity and privacy.

 

7        The development hereby permitted shall not be brought into use until the recommendations cited within paragraph 5.2 of the submitted bat search and assessment survey (produced by CTM Wildlife dated February 2011) have been implemented on site and that the bat enhancement measures are maintained on site unless otherwise agreed in writing by the Local Planning Authority.

 

          Reason: In the interests of maximising ecological and biodiversity interests.

 

          Policy: PPS9: Biodiversity and Geological Conservation.

 

8        The garages hereby approved shall be used solely for the purpose of housing private motor vehicles or other uses incidental to the enjoyment of the dwellings/flatted units and that the garages shall not be converted to habitable accommodation and that no trade or business shall be carried out in or from the garage buildings.

 

          Reason: In order to define the terms of the permission and in the interests of highway safety and local amenity.

 

          Policy: West Wiltshire District Plan - 1st Alteration policy C38.

 

9        Details of any external lighting shall be submitted to and approved in writing by the local planning authority before the dwelling houses hereby approved have been brought into use. Development shall be carried out in accordance with the approved details.

 

          Reason: In the interests of preventing light pollution and nuisance

 

          Policy: West Wiltshire District Plan - 1st Alteration policies C35 and C38.

 

10      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 :-

 

          • indications of all existing trees and hedgerows on the land;

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

          • 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;

          • finished levels and contours;

          • means of enclosure;

          • car parking layouts;

          • other vehicle and pedestrian access and circulation areas;

          • hard surfacing materials;

          • minor artefacts and structures (e.g. furniture, play equipment, refuse and other storage units, signs, lighting etc);

          • proposed and existing functional services above and below ground (e.g. drainage, power, communications, cables, pipelines etc indicating lines, manholes, supports etc);

 

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

 

11      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.

 

 

12      The development shall be carried out as specified in the approved Arboricultural Method Statement (AMS) prepared by Phil Goldsmith and shall be supervised by an arboricultural consultant.

 

          Reason: To prevent trees on site from being damaged during construction works.

 

13      No part of the development hereby permitted shall be occupied until the access and parking spaces have been completed in accordance with the details shown on the approved plans. The areas shall be maintained for those purposes at all times thereafter.

 

          Reason: In the interests of highway safety

 

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

 

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

 

          Policy: West Wiltshire District Plan - 1st Alteration policy U2.

 

15      No development shall commence on site until details of the proposed ground floor slab levels 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.

 

          West Wiltshire District Plan 1st Alteration 2004 - POLICY: C31a and C38

 

16      The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans:

 

          LOCATION PLAN - drawing no. 2451-08 received 03.09.2012

          SITE PLAN - drawing no. 2451-01 Rev L received 02.10.2012

          PLOTS 4, 5 AND 6 ELEVATIONS AND FLOOR PLANS - drawing no. 2451-20 received 03.09.2012

          PLOTS 7, 8 AND 9 ELEVATIONS AND FLOOR PLANS - drawing no. 2451-21B received 03.09.2012

          GARAGING PLANS FOR PLOTS 8 & 9 - drawing no. 2451-22 received on 12.09.2012

         

 

          Reason: To ensure that the development is carried out in accordance with the approved plans that have been judged to be acceptable by the Local Planning Authority.

 

17      No site clearance, preparation, or construction work shall take place outside the hours of 7.30 am to 6.00 pm on Mondays to Fridays and 8.00 am to 1.00 pm on Saturdays, and no work shall take place on Sundays or Bank or Public Holidays.

 

Reason: To protect the amenities of the area and in particular the amenities of neighbouring residential properties.

 

Policy:   West Wiltshire District Plan – 1^st Alteration 2004 Policy C38 and National Planning Policy Framework

 

Informative(s):

 

1        The attention of the applicant is drawn to the contents of the attached letter from Wessex Water.

 

2        The developer/applicant is encouraged to use / make provision for residential sprinkler systems within the new build development hereby granted permission.  The Wiltshire Fire and Rescue Service actively supports and encourages their installation.  The are inexpensive to install (particularly in new buildings), they cannot be accidentally activated, and in new builds such as this, they can be designed to sit flush with ceiling (behind a cover) so as not to be unsightly.  When required, they also cause less water damage than standard fire fighting methods. Should further information be required on this particular aspect, you are advised to make contact with the Wiltshire Fire _ Rescue Service on tel. no. 01225 756 500 or via email at planning@wiltsfire.gov.uk.

 

          It should be stressed that the above guidance / recommendation should be read in conjunction with Building Regulation requirements.

 

          The applicant/developer is further encouraged to make contact with the Fire Authority to ensure that the site is able to provide adequate water supplies for the use of the fire service in case of any emergency.  Such arrangements may include a water supply infrastructure, suitable siting of hydrants and/or access to appropriate open water.  Consideration should be given to the National Guidance Document on the Provision of Water for Fire Fighting and specific advice of the Fire Authority on the location of fire hydrants.

 

3.  It is requested that no construction traffic parks within Smallbrook Gardens