Agenda item

Public Participation

·         TarniaRuan, local resident spoke in objection to the application.

·         Richard Wiltshire, representing the applicant

 

The Planning Officer introduced the report which recommended approval be granted subject to appropriate planning conditions.  He explained that the application was for the erection of 2 dwellings with garages; reinstatement of railings and gate piers across the site frontage; new tree planting; demolition of garden sheds and brick boundary walls.

 

The Committee then had the opportunity to ask technical questions of the

officer.

 

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

 

The Local Member, Cllr Stephen Petty, then spoke in objection to the application.

 

The Committee then considered the application and a number of issues were raised, in particular concerns about flooding, and the impact on neighbouring properties.

 

Resolved:

 

That planning permission be granted for the following reasons:

 

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

 

Subject to the following condition(s):

 

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. West Wiltshire District Plan 1st Alteration 2004 - POLICIES: C17, C18, C19, C31a and H1.

 

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

·         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 park 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. West Wiltshire District Plan 1st Alteration 2004 - POLICY: C31a and C32.

 

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. West Wiltshire District Plan 1st Alteration 2004 - POLICY: C31a and C32 5 Notwithstanding the hereby approved plans no development shall commence until final details of a flood mitigation strategy have been submitted to and approved in writing by the Local Planning Authority. This shall include:

 

i)             Provision of compensatory flood storage on the site to a 1:100 year standard;

ii)            Finished floor levels set no lower than 35.40 metres above Ordnance Datum (AOD);

iii)           Only open boarded fencing used to mark boundaries within 8 metres from the top of bank of the watercourse;

iv)           Method statement, including timetable, for the demolition and clearance of all existing buildings in the application site; and

v)            Details of how the scheme shall be maintained and managed after completion.

vi)           A Protection Scheme for the individual properties

 

 

The strategy shall subsequently be implemented in accordance with the approved details before the development is completed and maintained in perpetuity.

 

REASON: To reduce the risk of flooding to the proposed development and future occupants. To reduce the likelihood of flood flows being impeded.

 

POLICY: National Planning Policy Framework and its associated Technical Guidance.

 

6 No development shall commence until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the local planning authority. The scheme shall include details of how the scheme shall be maintained and managed after completion. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed and maintained in perpetuity.

 

REASON: To prevent the increased risk of flooding, to improve and protect water quality, improve habitat and amenity, and ensure future maintenance of the surface water drainage system.

 

POLICY: West Wiltshire District Plan 1st Alteration (2004) Policy U2 and the National Planning Policy Framework and its associated Technical Guidance.

 

7 Notwithstanding the hereby approved plans no development including flood compensation works shall be carried out within 5 metres from the top of bank of the watercourse.

 

REASON: As a precaution in order to avoid any harm to water voles and their burrows (both are protected under the Wildlife and Countryside Act 1981, as amended).

 

POLICY: National Planning Policy Framework.

 

8 No part of the development hereby permitted shall be first occupied until the access, turning area 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. West Wiltshire District Plan 1st Alteration 2004 - POLICY: C31a and H1.

 

 

9     No development shall commence within the application site until:

 

(a)  A written programme of archaeological investigation, which should include on-site work and off-site work such as the analysis, publishing and archiving of the results, has been submitted to and approved by the Local Planning Authority; and

(b)  The approved programme of archaeological work has been carried out in accordance with the approved details.

 

REASON: To enable the recording of any matters of archaeological interest.

 

POLICY: National Planning Policy Framework.

 

10.Before the development hereby permitted is first occupied the first floor window in the west elevation of unit H1 and first floor window in the east elevation of unit H2 shall be glazed with obscure glass only and the windows shall be permanently maintained with obscure glazing at all times thereafter.

 

REASON: In the interests of residential amenity and privacy.

 

POLICY: West Wiltshire District Plan 1st Alteration 2004 - POLICIES: C38 and H1.

 

11 The car ports/garages shall be open fronted (i.e. no doors) as detailed on the approved plans and remain so at all times thereafter.

 

REASON: In order to encourage the use of car ports for car parking.

 

POLICY: West Wiltshire District Plan 1st Alteration 2004 - POLICY: H1.

 

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 those Orders with or without modification), no development within Part 1, Classes A, B, C, D, E, F, G, and Part 2, Class A shall take place on the dwellinghouses hereby permitted or within their curtilages.

 

REASON: In the interests of the amenity of the area and to preserve the floodplain in perpetuity.

 

POLICY: West Wiltshire District Plan 1st Alteration 2004 - POLICIES: C31a and C38; and the National Planning Policy Framework.

 

13 The development shall be carried out in accordance with the hereby approved plans (other than where amended by details submitted to and approved in writing in any subsequent discharge of planning condition application(s)):

 

Drawing: USBC1 received on 19 October 2012;

Drawing: USBC2 Revision A received on 19 October 2012;

Drawing: USBC23 received on 19 October 2012;

Drawing: USBC6 received on 19 October 2012;

Drawing: USBC7 received on 19 October 2012;

Drawing: USBC22 Revision A received on 19 October 2012;

Drawing: USBC21 Revision A on 19 October 2012; and

Drawing: USBC5 received on 29 March 2012.

 

REASON: In order to define the terms of this permission.

 

Informative(s):

 

1 The developer is advised that a holistic approach to the issues of flood compensation, surface water drainage, landscaping and nature conservation should be developed in order to address the discharge of the pre-commencement planning conditions. For further advice please contact the planning case officer prior to the submission of any application to discharge the planning conditions.

 

2 The developer is advised that disposal of surface water to soakaways is the preferred option, providing ground conditions permit and percolation tests demonstrate that they are appropriate The soakaways may require separate approval under Building Regulations and should be constructed in accordance with the BRE Digest No 365 or CIRIA Report 156 "Infiltration Drainage, Manual of Good Practice". The surface water drainage scheme for the proposed development must meet the following criteria:

 

i)             Any outflow from the site must be limited to Greenfield run-off rates and discharged incrementally for all return periods up to and including the 1 in 100 year storm.

ii)            The surface water drainage system must incorporate enough attenuation to deal with the surface water run-off from the site up to the critical 1% Annual Probability of Flooding (or 1 in a 100-year flood) event, including an allowance for climate change for the lifetime of the development. Drainage calculations must be included to demonstrate this (e.g. Windes or similar sewer modelling package calculations that include the necessary attenuation volume).

iii)           If there is any surcharge and flooding from the system, overland flood flow routes and "collection" areas on site (e.g. car parks, landscaping) should be shown on a drawing. CIRIA good practice guide for designing for exceedance in urban drainage (C635) should be used. The run-off from the site during a 1 in 100 year storm plus an allowance for climate change must be contained on the site and must not reach unsafe depths on site

iv)           The adoption and maintenance of the drainage system must be addressed and clearly stated.

 

3 The developer is advised that under the terms of the Water Resources Act 1991 and the Land Drainage Byelaws, the prior written consent of the Environment Agency is required for any proposed works or structures in, under, over or within 8 metres of the top of the bank of the Clackers Brook, designated a 'main river'.

 

4 The developer is advised that safeguards should be implemented during the construction phase to minimise the risks of pollution and detrimental effects to the water interests in and around the site. Such safeguards should cover the use machinery, oils/chemicals and materials, the routing of heavy vehicles, the location of work and storage areas, and the control and removal of spoil and wastes.

 

It is recommended that the developer refer to the Environment Agency’s Pollution Prevention Guidelines, which can be found at:

 

http://www.environment-agency.gov.uk/business/topics/pollution/39083.aspx

 

5 The developer is advised that the site has potential for low numbers of reptiles, such as slow worm and grass snake. Therefore any site clearance should be carried out by hand and grass should be maintained as short-cut until construction work commences and all cuttings should be removed from the site.

 

6 The developer is advised that Wessex Water’s infrastructure is recorded as crossing the application site. No building will be permitted by Wessex Water within the statutory easement of 3 metres from the pipeline without their agreement. For further information you should contact Wessex Water on 01225 526000.

 

7 The developer is advised that pursuant to condition 9, the work, in the form of an archaeological watching brief, should be conducted by a professional recognised archaeological contractor in accordance with a brief issued by Wiltshire Council and there will be a financial implication for the developer. For further information please contact 01249 705502