Agenda item

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.

Members of the Committee then asked technical questions after which they received a statement from Mr Robert Brain, an adjoining landowner, objecting to the proposal.

Cllr Sheila Parker, the local Member, expressed her concern regarding the potential hazards arising from the visibility of the entrance particularly as a result of motorists driving along the adjoining fast road. 

After discussion,

Resolved:

To delegate to the Area Development Manager to approve, 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 replacement tree(s) required by this permission are 4 Lime Trees, 3 Beech Trees and 6 Scots Pine Trees; supplied and planted as Heavy Standard; with a girth of 12 – 14 cms.

The new tree(s) shall be established by the end of the 2010-11 planting season.  All plant material should comply with the minimum British Standard requirement for tree planting, these being BS3936 (Part 1 & 4), BS4428:1989 Section 7, and BS4043.

The replacement tree(s) shall be sited at or as close to the position of the felled tree(s) as is reasonably practicable.

The replacement tree shall be properly maintained for a period of 10 years.  If removed or become damaged or diseased within this period shall be replaced in the next planting season with the same species.  If a variation in species is required due to disease, agreement must be sort in writing from the Local Planning Authority.

REASON: To ensure that trees are replaced for the benefit of visual amenity and character which at present exists on site.

3.    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).

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.

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 closest to the new access beyond the outer edge of the overhang of their branches in accordance with British Standard 5837 (2005): 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 adjacent to the new access 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.

4.  No development shall commence on site until the trees on the site which are protected by a Tree Preservation Order have been enclosed by protective fencing, in accordance with British Standard 5837 (2005): Trees in Relation to Construction. Before the fence is erected its type and position shall be approved with the local planning authority and after it has been erected, it shall be maintained for the duration of the works and no vehicle, plant, temporary building or materials, including raising and or, lowering of ground levels, shall be allowed within the protected areas(s).           

REASON: To enable the local planning authority to ensure the protection of trees on the site in the interests of visual amenity.

5.  Any gates shall be set back 4.5 metres from the edge of the carriageway, such gates to open inwards only.

REASON: In the interests of highway safety.

POLICY: C3

6.  The development hereby permitted shall not be first brought into use until the first five 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.

POLICY: C3

7.  No development shall commence on site until visibility splays have been provided between the edge of the carriageway and a line extending from a point 2 metres back from the edge of the carriageway, measured along the centre line of the access, to the points on the edge of the carriageway 160 metres to the North and 160 metres to the South from the centre of the access in accordance with the approved plans.   Such splays shall thereafter be permanently maintained free from obstruction to vision above a height of 900mm above the level of the adjacent carriageway.

REASON: In the interests of highway safety.

POLICY: C3

8.  The access as hereby permitted shall be constructed strictly in accordance with the details included within the arboricultural survey report submitted in support of this application. Thereafter the access shall remain as so constructed.

Reason:  In order to ensure that the adjacent trees are not damaged as a result of this development.

POLICY: C3

9.  Prior to the commencement of the development hereby permitted precise details of the gate and any means of enclosure on the site shall be submitted to and approved by the local planning authority. Thereafter the gate and means of enclosure shall be constructed and retained in accordance with the approved details.

REASON: In the interests of visual amenity.

INFORMATIVE

1.  This decision relates to documents/plans submitted with the application, listed below. No variation from the approved documents should be made without the prior approval of this Council. Amendments may require the submission of a further application.  Failure to comply with this advice may lead to enforcement action which may require alterations and/or demolition of any unauthorised buildings or structures and may also lead to prosecution.

Design and Access Statement, Site location plan received 14.01.10 , access layout plan received 20.01.10, replanting scheme plan received 20.5.10, Arboriculturalist's report received 25.5.10

Reason for Decision

This access is considered acceptable given the use of the land and in terms of its impact on highway safety, the trees on the site and visual amenity the proposal complies with NE15, C3, NE14 and NE4 of the North Wiltshire Local Plan 2011.