Agenda item

Public Participation

Mr Nathan Hall spoke in objection to the application.

Mrs McNeilage spoke in objection to the application.

Dr John Brennan spoke in objection to the application.

Mr Mark Hallett spoke in support of the application.

Mr Adam Nardell spoke in objection to the application on behalf of Melksham-Without Parish Council.

The Senior Planning Officer (SPO) outlined the officer’s report which recommended the application for approval. The SPO outlined the site description and the proposed development, focussing on the location of the development in relation to the surrounding countryside and neighbouring properties. The SPO also outlined the applicants plan to widen the access lane to improve both vehicular and pedestrian access along the lane. The relevant planning policy was outlined as being: the National Planning Policy Framework (2012) and West Wiltshire District Plan 1st Alteration 2004 - :C1 Open Countryside; H17 Development within Village Policy Limits; T12 Footpaths and bridleways; C31a Design; and C38 Nuisance. The main planning considerations were summarised as being: impact on the highway, impact on the open countryside, impact on the public right of way, design considerations and impact on neighbouring amenity.

Members of the committee were given the opportunity to ask technical questions of the application. Member’s questions focussed on the agreed amendment to the lane and the intrusion of the construction on the open countryside. This was confirmed as impacting 12m² of the land deemed to be open countryside.

Members of the public were given the opportunity to address the committee (as detailed above).

Cllr Chivers as local member was given the opportunity to address the committee, and objected to the application for the following reasons: scale of the development; visual impact; relationship to adjacent property; design and the environmental/highway impact. Cllr Chivers supported the Parish Council in their objection, stating that the lanes access onto the main carriageway was unsuitable and dangerous, citing a recent accident.

The Committee then debated the application, focussing on the impact of the development on open countryside and the impact of the proposed changes to access and safety of road users. Members debated the benefit of a site visit, and after discussion, a proposal to refuse the application was defeated. After further discussion the Committee;

Resolved:

To APPROVE the application 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.    The development hereby permitted shall be carried out in accordance with the following approved plans:

Block Plan and Street Scene A21 dated 7/10/2013, Block Plan and Street Scene A01 dated 7/10/2013, Elevations proposed dwelling A24 dated 7/10/2013, Elevations refurbished No.63 A23, Dated 7/10/2013, Garage floor plans, Planting Scheme proposed A26 dated 7/10/2013, Proposed Floor Plans A22 dated 7/10/2013, Proposed Materials A27 7/10/2013, Road Layout Plan Detail A dated 7/10/2013, Road Layout Plan Proposed dated 23/10/2013, Road Layout Plan Detail dated 7/10/2013.

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

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.

REASON: To ensure a satisfactory landscaped setting for the development.

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.

5.    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-H shall take place on the dwellinghouse hereby permitted or within their curtilage.

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 enlargements.

6.    Prior to the commencement of development details shall be submitted to and approved by the Local Planning Authority for the provision within the curtilage of No.63 Shaw Hill for the parking and turning of three vehicles; (please note a garage is not considered to be a car parking space). The parking and turning shall thereafter be carried out in accordance with the approved details.

REASON: To ensure sufficient off road parking is provided.

7.    No development shall commence on site until details of the stopping up of all existing accesses for No.61A Shaw Hill, both pedestrian and vehicular, have been submitted to and approved in writing by the Local Planning Authority. That stopping up shall take place in accordance with the approved details within one month of the first occupation of the development. No later than one month after the first occupation of the development, the sole means of vehicular and pedestrian access to the development shall be as shown on the plans hereby approved.

REASON: In the interest of highways safety.

8.    No part of the development hereby permitted shall be first occupied until the access, turning area and parking spaces for No.61A Shaw Hill and the proposed dwelling have been completed in accordance with the details shown on the approved plan reference Road Layout Plan Detail dated 7/10/2013 and Block Plan and Street Scene A21 dated 7/10/2013. The areas shall be maintained for those purposes at all times thereafter.

REASON: In the interest of highways safety.

9.    The alterations proposed for No.63 Shaw Hill shall not commence until the area between the nearside carriageway edge and a line drawn 2.0 metres parallel thereto over the entire site frontage has been cleared of any obstruction to visibility at and above a height of 600mm above the nearside carriageway level. That area shall be maintained free of obstruction at all times thereafter.

REASON: In the interest of highways safety.

10.No development shall commence on site 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 brought into use until surface water drainage has been constructed in accordance with the approved scheme.

REASON: To ensure that sufficient surface water drainage is provided on site.

11.No development shall commence on site until the widening of the access road to 5.8m has been constructed in accordance with the Road Layout Plan dated 7/10/2013.

REASON: In the interests of highway safety.

NB

Cllr Chivers vote against the application has been publicly recorded