Agenda item

Public Participation

 

Claire Fish spoke in objection to the application.

 

Tony Doyle spoke in support of the application.

 

The Planning Officer introduced the report which recommended that the application be DELEGATED to the Area Development Manager for APPROVAL 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; refuse/recycling bin provision on site and an indemnity agreement whereby vehicular access is permitted to all properties on the site.

 

It was explained that concerns over flooding had been addressed and the provision for surface water drainage catered for a 100 year event plus 30%. The access had also been improved to provide a turning point. Officers will try to negotiate a contribution for Purton Cemetery.

 

There were no technical questions asked.

 

Members of the Public were then given the opportunity to address the Committee with their views as detailed above.

 

The Local Member, Councillor Jacqui Lay spoke in objection to the application.

 

A debate followed during which concern was raised over surface water drainage, the lack of decent access to the site and potential damage to the road surface by construction vehicles. The need to ensure any surface water scheme was maintained thereafter was highlighted.

 

At the end of the debate it was:-

 

RESOLVED:

 

To DELEGATE to the Area Development Manager for APPROVAL 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, refuse/recycling bin provision on site and an indemnity agreement.

-         

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, rights of way or pedestrian safety.  The proposed development would not be harmful to existing trees and would not be subject to an unacceptable risk of flooding or materially increase the risk of flooding elsewhere.  In this way the proposed development is considered to comply with the provisions of policies C3, NE14, H3 and CF3 of the adopted North Wiltshire Local Plan 2011 and the guidance contained within the National Planning Policy Framework.

 

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.

 

POLICY - C3 of the North Wiltshire Local Plan 2011.

 

3.     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)      hard surfacing materials;

(g)      bin stores and collection points

 

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

 

POLICY - C3 of the North Wiltshire Local Plan 2011.

 

4.     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.

 

POLICY - C3 of the North Wiltshire Local Plan 2011.

 

5.     No retained trees shall be cut down, uprooted, or destroyed, nor shall any retained trees 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.

 

The protective fencing shown on Tree Protection Plan Dwg No. 111114-MHL-TPP-LI&AM 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 of 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 in accordance with policy NE14 of the North Wiltshire Local Plan 2011.

 

6.     No demolition, site clearance or development shall commence on site until a Detailed Arboricultural Method Statement prepared by an arboricultural consultant providing comprehensive details of construction in relation to trees shall be submitted to and approved in writing by the Local Planning Authority.  All works shall subsequently be carried out in strict accordance with the approved details.  In particular, the method statement must provide the following :-

 

·       A specification for scaffolding and ground protection within tree protection zones in accordance with BS5837:2005;

·       Details of general arboricultural matters such as the area for the storage of materials, concrete mixing and use of fires;

·       Plans and particulars showing the siting of the service and piping infrastructure;

·       A full specification for the construction of any arboriculturally sensitive structures and sections through them, including the installation of boundary treatment works, the method of construction of the access driveway including details of the no-dig specification and extent of the areas of the driveway to be constructed using a no-dig specification;

·       Details of the works requiring arboricultural supervision to be carried out by the developer’s arboricultural consultant, including details of the frequency of supervisory visits and procedure for notifying the Local Planning Authority of the findings of the supervisory visits; and

·       Details of all other activities which have implications for trees on or adjacent to the site.

 

REASON: In order than the Local Planning Authority may be satisfied that the trees to be retained on and adjacent to the site will not be damaged during the construction works and to ensure that as far as possible the work is carried out in accordance with policy NE14 of the North Wiltshire Local Plan 2011 and the current best practice and Section 197 of the Town and Country Planning Act 1990.

 

7.     The development shall be carried out as specified in the approved Arboricultural Method Statement and shall be supervised by an arboricultural consultant.

 

REASON: To prevent trees on site from being damaged during construction works in accordance with policy NE14 of the North Wiltshire Local Plan 2011.

 

8.     No development shall commence 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 occupied until surface water drainage has been constructed in accordance with the approved scheme. The scheme shall be maintained thereafter.

 

REASON: To ensure that the development can be adequately drained in accordance with policy C3 of the North Wiltshire Local Plan and the guidance contained with the National Planning Policy Framework.

 

9.     No development shall commence on site until details of the works for the disposal of sewerage have been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be first occupied until the approved sewerage details have been fully implemented in accordance with the approved plans.

 

REASON: To ensure that the proposal is provided with a satisfactory means of drainage.

 

10.No part of the development hereby permitted shall be first brought into use until the access, turning area and parking spaces have been completed in accordance with the details shown on the approved plans (LPC 2805.11.03 ‘Proposed Residential Development’ dated 3rd August 2011).  The areas shall be maintained for those purposes at all times thereafter.

 

REASON: In the interests of highway safety in accordance with policy C3 of the North Wiltshire Local Plan 2011.

 

11.The development hereby permitted shall not be first brought into use until the first ten metres of the access, measured from the edge of the carriageway, has been consolidated and surfaced (not loose stone or gravel).  The access shall be maintained as such thereafter.

 

REASON: In the interests of highway safety in accordance with policy C3 of the North Wiltshire Local Plan 2011.

 

12.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), the garage(s) hereby permitted shall not be converted to habitable accommodation.

 

REASON: To safeguard the amenities and character of the area and in the interest of highway safety in accordance with policy C3 of the North Wiltshire Local Plan 2011.

 

13.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/extensions or external alterations to any building forming part of the development 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 external alterations.

 

14.Before the development hereby permitted is first occupied all bathroom and ensuite windows at first floor level shall be glazed with obscure glass only and fixed with a ventilation stay restricting the opening of the window and shall be permanently maintained as such at all times thereafter.

 

REASON:  In the interests of residential amenity and privacy.

 

15.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.

 

LPC.2805.10A – Site plan, date stamped 27 September 2012

PLC.2805.10A – Site plan with red line date stamped 16 October 2012

LPC.2805.11.04A – Site plan visibility splay and refuse vehicle, date stamped 27 September 2012

LPC.2805.11.05A – Floor plans, plots 1, 2 & 3 – plot 4 handed, date stamped 3rd October 2011

LPC.2805.11.06 – Elevations plot 3, plot 4 handed, date stamped 1st September 2011

LPC.2805.11.07 – Elevations plots 1 & 2, date stamped 1st September 2011

 

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

 

16.No development shall commence on site (including any works of demolition), until a Construction Method Statement, which shall include the following:

 

·       the parking of vehicles of site operatives and visitors;

·       loading and unloading of plant and materials;

·       storage of plant and materials used in constructing the development;

·       the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

·       wheel washing facilities;

·       measures to control the emission of dust and dirt during construction;

·       a scheme for recycling/disposing of waste resulting from demolition and construction works; and

·       measures for the protection of the natural environment.

·       hours of construction, including deliveries;

·       measures for making good any damage to the road based on a survey undertaken to establish the condition of the road prior to the commencement of development;

·       the size of construction vehicles to access the site.

 

has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The development shall be carried out in accordance with the approved construction method statement.

 

REASON: To minimise detrimental effects to the neighbouring amenities, the amenities of the area in general, detriment to the natural environment through the risks of pollution and dangers to highway safety, during the construction phase.

 

Informatives

 

1.     Thames Water will aim to provide customers with a minimum pressure of 10 m 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.

 

2.     Any changes to the surfaces (including grass) within the site will require planning permission unless they are a like for like replacement given the drainage requirements for this site.