Agenda item

The Planning Team Leader outlined the report that recommended that the application be approved with conditions.

Mrs. Esther Harris, Mr. Mike Wilson, Mr. John Grose and Cllr Gwen Allison from Bradford on Avon Town Council spoke in objection. Ms. Liz Dawe, the applicant, spoke in support of the application.

Cllr Ian Thorn spoke as the local member.

Issues discussed in the course of the presentation and debate included: The relevance of land covenants to planning applications. The Legal Officer explained that the discharge of private covenants were outside of the planning process.

Cllr Pip Ridout moved that planning permission be granted in accordance with the Officer’s recommendation and this was duly seconded by Cllr Ernie Clark.

In questioning the Planning Team Leader, the committee requested that future reports on planning applications include information on whether or not the Council was party to any relevant covenants.  Whilst accepting that covenants were outside the planning process, it would enable the Committee to ensure the appropriate Council department was made aware to carry out any necessary follow up action.

The Chairman requested that clarification concerning the covenant attached to the dwelling the subject of this planning application be circulated to all members, substitute members and local member.

Having been put to the vote, the meeting

Resolved to grant permission 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           Pile and beam foundations should be used for the foundations of the proposed wall to prevent future pressure on the wall. Details of which should be submitted to the Local Planning Authority in writing prior to any works commencing on site.

REASON: To prevent future pressure on the wall

3           The materials to be used in the construction of the external surfaces of the development hereby permitted shall match in material, colour and texture those used in the existing building.

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

4           No root pruning shall be carried out until a site meeting has been arranged and has arranged by the applicant, their appointed arboricultural consultant and a representative from the Local Planning Authority (LPA) to discuss details of the working procedures and that meeting has taken place with the Local Planning Authority in attendance. Any approved works shall subsequently be carried out under strict supervision by the LPA immediately following that approval.

REASON: In order that the Local Planning Authority may be satisfied that the trees to be retained on-site will not be damaged and to ensure that as far as possible the work is carried out in accordance with current best practice

5           The applicant should note that the work hereby permitted  should  be carried out in accordance with good practice as set out in the "British Standard Tree Work - Recommendation for Tree Work", BS 3998: 2010 or arboricultural techniques where it can be demonstrated to be in the interests of good arboricultural practice.

6           A suitable root barrier should be installed at 0.5 mm from the wall to guide extended root growth away from the wall.

REASON: To ensure the future stability of the wall.

7           The development hereby permitted shall be carried out in accordance with the following approved plans:

Proposed ground floor plan received 16.09.2015

Existing floor plan received 16.09.2015

Location Plan received 16.09.2015

First Floor Plan received 16.09.2015

Existing elevations received 16.09.2015

Proposed elevations received 16.09.2015

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