Agenda item

Deborah Loader, John Longford-Brown, and Doreen Jevons spoke in opposition to the application.

Peter Lydiate and Lindy Lydiate spoke in support of the application.

 

Richard Hughes, Great Somerford Parish Council, spoke in opposition to the application.

 

The Planning Officer introduced the report which recommended that planning permission be granted subject to conditions. The application was for the erection of new detached dwelling including new access and new single garage within the conservation area. The officer explained that the application was a resubmission of an application that was approved in 2012 and remains extant (live) until the end of 2015. As the new application contained no material changes and no significant change in material considerations, it was explained that this carried significant weight in considering the new application.

 

It was noted that the Conservation Officer considered that the proposal would result in harm which had also been advised in the previous application. It was highlighted that the concerns of the Conservation Officer and the representations made by members of the public had been taken into consideration by the case officer who considered the proposal, on balance, to be acceptable. In response to some concerns regarding the shared access on Hollow Road, the officer drew attention to the proposed condition requiring the submission and approval of a construction method statement prior to development if the application was granted.

 

The Planning Officer explained that there had been a change in the policy framework for the consideration of the proposal as the Wiltshire Core Strategy had now been adopted. However, it was confirmed that the relevant policy considerations were broadly similar in objectives and requirements. The application was in line with the Wiltshire Core Strategy and the National Planning Policy Framework and, as such, there was no significant change in policy since the application was determined that justified refusal.

 

The Committee then had the opportunity to ask technical questions; it was confirmed that only certain types of tree were protected under conservation area status which did not include hedges and the hedging along the boundary lines was under the control of the applicants.

 

The Committee enquired how much weight should be given to the extant (live) planning permission and the Legal Officer confirmed that if this application were refused, the applicants could implement the live consent which was materially the same as the application under consideration. It was explained that a change in policy could have an effect but clarified that this would only be the case if there were any material differences in the application which was not the case.

 

Members of the public then addressed the Committee as detailed above.

 

The local member, Cllr Toby Sturgis, expressed support for the views and concerns of the Parish Council and members of the public. Further concern was raised regarding the height of the proposed structure and the objections of the Conservation Officer. It was warned that the proposed structure could dominate the conservation area landscape and that there was no requirement to maintain the hedge that partially shielded the site. As such, Cllr Sturgis recommended that, should the proposal be granted, a condition be attached requiring the submission and agreement of landscaping details to the northern site boundary to provide some site screening to the north.

 

The local member drew attention to the access road of the property as it also served Holmdale and a large section of arable land and permanent access was required. It was highlighted that parking was very difficult in the area and that any visitors or construction vehicles would only be able to park on the road at great inconvenience to other residents and the operator of the nearby farmland. Cllr Toby Sturgis welcomed the construction method statement that would be required of the applicants if approved but highlighted the need to provide off-street parking for access and unloading.

 

Attention was drawn to the concerns of the Parish Council and the local member urged the Committee to refuse the application on CP51 and CP57 or to further condition the application to give due regard to the conservation and highways concerns.

 

 

The Planning Officer responded to comments from the public and confirmed that the footpath mentioned in the presentation was in fact private land but this had not been a material consideration on this or the previous application. It was added that the other planning consents in the surrounding area had been taken into account in the officer report. It was also explained that the s.106 contributions referred to in the reasons for granting permission in the previous application were a standard reference required at that time that were no longer required. It was further clarified that s.106 contributions were secured to make a development acceptable and were not given weight as a benefit of development that was balanced against any harm identified.  As such, the removal of these contributions following the national change to the Planning Practice Guidance in respect of s.106 requirements would not constitute the loss of a benefit or a material change that should now be considered as a reason for refusal.

 

The Planning Officer noted that Highways had not objected to the site access, parking arrangements or use of Hollow road in this or the previous application. It was also confirmed that it would be possible to condition the use of the garage for vehicles to minimise parking on the road.

 

In the debate that followed, it was agreed that illegal parking would be an enforcement issue and was not a planning consideration. Consequently it was recommended that an informative be added to any grant of permission encouraging the applicant to investigate and consider provision of an off site construction compound. The Committee noted that the application was not materially different to the original application that had been granted but recognised the legitimate concerns of the Parish Council and local residents. The Committee recognised the proactivity of the applicants and encouraged that, should the application be approved, the communication between the applicants, Parish Council, and local residents continued throughout the construction process.

 

Following confirmation of the procedural rules from the Democratic Services Officer, the Committee considered a motion to grant planning permission with two additional conditions relating to the maintenance of the hedging and use of the garage to minimise the visual impact on the landscape and parking problems respectively.

 

Resolved:

 

To GRANT planning permission subject to 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 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.

 

Design & Access Statement

Site Location Plan

Site Plan as Existing

Site Plan as Proposed

Site Sections AA

Site Sections BB

Section AA

Section BB

New Dwelling External Works

Proposed Floor Plans

Bungalow Existing and Proposed East Elevations

Bungalow Existing and Proposed West Elevations

Bungalow Proposed North and South Elevations

Bungalow Existing North and South Elevations

Proposed East and West Elevations

Proposed North and South Elevations

All dated 25/03/2015

 

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

 

3.     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.

 

4.     No part of the development shall be first occupied until the visibility splays shown on the approved plans have been provided with no obstruction to visibility at or above a height of 900mm above the nearside carriageway level. The visibility splays shall be maintained free of obstruction at all times thereafter.

 

REASON: In the interests of highway safety

 

5.     The development hereby permitted shall not be first occupied until the six 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.

 

6.     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 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.

 

7.     (a) No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the prior written approval of the Local Planning Authority. Any topping or lopping approved shall be carried out in accordance with British Standard 3998 (Tree Work).

 

(b) If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species and shall be planted at such time, as may be specified in writing by the Local Planning Authority.

 

(c) No equipment, machinery or materials shall be brought on to the site for the purpose of the development, until a scheme showing the exact position of protective fencing to enclose all retained trees beyond the outer edge of the overhang of their branches in accordance with British Standard 5837 (2012): Trees in Relation to Construction, has been submitted to and approved in writing by the Local Planning Authority, and; the protective fencing has been erected in accordance with the approved details. This fencing shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the prior written consent of the Local Planning Authority.

 

In this condition “retained tree” means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) 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.

 

8.     No development shall commence on site until details of the materials to be used on the exterior of the development 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.

 

9.     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 dwelling house hereby permitted or within its 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.

 

10.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.

 

11.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 occupied until surface water drainage has been constructed in accordance with the approved scheme.

 

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

 

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

(e)  hours of construction, including deliveries;

 

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: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, 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.Prior to the commencement of development a scheme for the landscaping of the northern boundary of the site shall be submitted to and approved in writing by the Local Planning Authority.

 

REASON: To protect views of the site from the right of way to the North;

 

14.Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (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:

 

15.Any alterations to the submitted and approved plans, brought about by compliance with Building Regulations or any other reason must first be agreed in writing with the Local Planning Authority before commencement of work.

 

16.The applicant should note that the grant of planning permission does not include any separate permission which may be needed to erect a structure in the vicinity of a public sewer. Such permission should be sought direct from Thames Water Utilities Ltd / Wessex Water Services Ltd. Buildings are not normally allowed within 3.0 metres of a Public Sewer although this may vary depending on the size, depth, strategic importance, available access and the ground conditions appertaining to the sewer in question.

 

17.You are advised that this planning permission does not override any interests that third parties may have regarding civil matters such as ownership, covenants or private rights of way. Before any works are carried out which affect land outside your ownership you should ensure the necessary consents have been obtained from all persons having an interest in the land. If you intend carrying out works in the vicinity of the site boundary you are also advised that it may be expedient to take your own independent advice with regard to the requirements of the Party Wall Act, 1996.

 

18.The proposal includes alteration to the public highway, consent hereby granted shall not be construed as authority to carry out works on the highway.  The applicant is advised that a license may be required from Wiltshire’s Highway Authority before any works are carried out on any footway, footpath, carriageway, verge or other land forming part of the highway.  Please contact the vehicle access team on telephone 01225 713352 or email vehicleaccess@wiltshire.gov.uk for further details.

 

19.The Council recommends that the applicant investigate and consider the scope to secure a temporary off site construction compound for the duration of the erection of the dwelling.