Agenda item

Public Participation

Barry Heath spoke in support of the application.

 

The officer introduced the report which recommended that permission be delegated to the Area Development manager to grant permission subject to the signing of a Section 106 agreement with conditions. Attention was drawn to the mixed character of the locality meaning the proposal was not harmful enough to refuse

 

No objections had been received from highways with the existing private access and there were no concerns over the extra generation of movements.

 

Initial concerns resulted in revised proposals to give the character more accord with the locality and windows had been removed to avoid overlooking.

 

There were no technical questions asked.

 

Members of the public then had the opportunity to address the committee as detailed above.

 

The local member, Cllr Howard Greenman noted the revised proposals but felt the proposal’s height and imposition made the nearby cottages subservient. He was concerned over highways with there being a recent accident in the area and complaints received over parking outside the cottages. He asked for clarification over how conditions can be imposed on land that may not belong to the applicant.

 

In the debate that followed it was confirmed that conditions can be imposed on land not under the applicant’s control, called grampian conditions, and work could not proceed unless these are met. Confirmation was given that the hedge would not be removed, as seen on the submitted plans. The Committee noted that the applicant had taken consideration of overlooking in their revised proposals. Noting the design of the building with the eaves meeting the small windows, the size of the plot and given the mix of houses in the locality the Committee found no reason to say it was out of character.

 

Resolved:

 

To delegate authority to the Area Development Manager to grant planning permission subject to the signing of a S106 Agreement and 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.     The development hereby permitted shall be carried out in accordance with the following approved plans:

 

Revised Dwg No: EVA/801/PL/09/13/001/C Rev C     Dated 16^th September 2013

Revised Dwg No: EVA/801/PL/09/13/SK1/B Rev B 16^th September 2013  

 

REASON: For the avoidance of doubt and in the interests of proper planning.

 

3. No  development  shall  commence  on  site  until  details  and  samples  of  the materials to be used for the external walls of both the house and the boundary wall as well as house roofs have been made available on site and the details 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.

 

4. No development shall commence on site until details of the external stonework, including type, dressing, coursing and bedding of the natural stone, type of pointing and mortar mix, have been submitted to and approved in writing by the Local Planning Authority.  The external stonework shall be constructed in accordance with the approved details.

 

REASON: In the interests of visual amenity and the character and appearance of the area.

 

5. No development shall commence on site until a sample panel of stonework, not less than 1 metre square, has been constructed on site, inspected and approved in writing by the Local Planning Authority.  The panel shall then be left in position for comparison whilst the development is carried out. Development shall be carried out in accordance with the approved sample.

 

REASON: In the interests of visual amenity and the character and appearance of the area.

 

6. No development shall commence on site until a sample panel of the render to be used  on  the  external  walls  not  less  than  1  metre  square,  has  been  made available on site, inspected and approved in writing by the Local Planning Authority.  The panel shall then be left in position for comparison whilst the development is carried out. Development shall be carried out in accordance with the approved sample.

 

REASON: In the interests of visual amenity and the character and appearance of the area.

 

7. No development shall commence on site until details of all eaves, verges, windows (including head, sill and window reveal details), doors, rainwater goods, chimneys and vents 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.

 

8. No development shall commence on site until details of the design and external appearance of the stone boundary wall, any fences and other means of enclosure have been submitted to and approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the approved details prior to the development being occupied.

 

REASON:  In the interests of visual amenity and the character and appearance of the area.

 

9. 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:-

 

·                 Location and current canopy spread of all existing trees and hedgerows on the land;

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

·                 A detailed planting specification showing all plant species, supply and planting sizes and planting densities including that for extending the yew hedge;

·                 All hard and soft surfacing materials;

 

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

 

10. 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.

 

11. No demolition, site clearance or development shall commence on site, and; no equipment, machinery or materials shall be brought on to site for the purpose of development, until a Tree Protection Plan showing the exact position of each tree/s and their protective fencing in accordance with British Standard 5837: 2012. Trees in Relation to Design, Demolition and Construction -    Recommendations”; has been submitted to and approved in writing by the Local Planning Authority, and;

 

2012: “Trees in Relation to Design, Demolition and Construction -    Recommendations”; has been submitted to and approved in writing by the Local Planning Authority, and;

 

The protective fencing shall be erected in accordance with the approved details. 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.

 

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. Any topping or lopping approval shall be carried out in accordance British Standard 3998: 2010 “Tree Work – Recommendations” or arboricultural techniques where it can be demonstrated to be in the interest of good arboricultural practise.

 

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

 

No fires shall be lit within 15 metres of the furthest extent of the canopy of any retained trees or hedgerows 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.

 

[In this condition “retained tree” 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 the later].

 

REASON: To enable the Local Planning Authority to ensure the retention of trees on the site in the interests of visual amenity.

 

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

 

a)  The parking of vehicles of site operatives and visitors;

b)  Loading and unloading of plant and materials;

c) Storage of plant and materials used in constructing the development;

d)   Wheel washing facilities;

e)   Measures to control the emission of dust and dirt during construction;

f)    A scheme for recycling/disposing of waste resulting from demolition and construction works; and

g)  Measures for the protection of the natural environment.

h)  Hours of construction, including deliveries;

I) Measures for the protection of the access road during construction.

 

has been submitted to, and approved in writing by, the Local Planning Authority. The   approved   Statement   shall be   complied   with   in   full   throughout   the construction period. The development shall not be carried out otherwise than 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.

 

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), no windows, doors or other form of openings other than those  shown  on  the  approved  plans,  shall  be  inserted  in  the  east and west elevations above ground floor ceiling level of the development hereby permitted.

 

REASON:  In the interests of residential amenity and privacy.

 

14.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) Order2008 (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 secure the retention of adequate parking provision, in the interests of highway safety.

 

 

INFORMATIVES:

 

1.  The applicant is requested to note that this permission does not affect any private property rights and therefore does not authorise the carrying out of any work on land outside their control. If such works are required it will be necessary for the applicant to obtain the landowners consent before such works commence.

 

If you intend carrying out works in the vicinity of the site boundary, you are also advised that it may be expedient to seek your own advice with regard to the requirements of the Party Wall Act 1996.

 

2. This permission shall be read in conjunction with an Agreement made under Section 106  of  the  Town  and  Country  Planning  Act,  1990.

 

3. The applicant should note that under the terms of the Wildlife and Countryside Act (1981) and the Habitats Regulations (2010) it is an offence to disturb or harm any protected species, or to damage or disturb their habitat or resting place.    Please   note   that   this   consent   does   not   override   the   statutory protection afforded to any such species.  In the event that your proposals could potentially affect a protected species you should seek the advice of a suitably qualified and experienced ecologist and consider the need for a licence from Natural England prior to commencing works.  Please see Natural England’s website for further information on protected species.

 

4. All species of birds are protected by the Wildlife and Countryside Act 1981 (as amended) while they are breeding and planning consent does not override this statutory protection.  The applicant is advised to check any structure or vegetation capable of supporting breeding birds and delay removing or altering such features until after young birds have fledged. Damage to extensive areas that could contain nests/breeding birds should be undertaken outside the breeding season. The season is usually taken to be the period between 1^st March and 31^st August but some species are known to breed outside these limits. In the event of uncertainty you should seek the advice of a suitably qualified and experienced ecologist. Please see Natural England’s website for further information on protected species.

 

5. There is a risk that reptiles could occur on the application site. These species are legally protected from harm and planning permission does not provide a defence against prosecution. In order to minimise the risk of these species being harmed during site clearance works, the developer is advised to clear vegetation affected by the development during the winter, remove all waste arising from such clearance and maintain vegetation as short as possible. If these species are found during the works, the applicant is advised to stop work and seek the advice of a suitably qualified and experienced ecologist. Please see Natural England’s website.