Agenda item

The Area Planning Team Leader outlined the report and recommended that the application be approved with conditions with no legal agreement and requested that members consider revising the committee resolution agreed at the area committee on 12 August 2015.

There were no speakers in the public forum.

Cllr Magnus MacDonald spoke as the local member.

Issues discussed in the course of the presentation and debate included: The officer describing the location and topography of the application site in relation to the settlement boundary; the green belt and conservation area status, the size of the proposed replacement building compared to the old agricultural buildings which would be demolished and the planning history of the site.

The officer reminded members that the committee resolution which was made in August was to grant permission subject to a s106 agreement; and the officer presentation largely focused on the use of planning conditions and the statutory tests which must satisfied. The officer informed members that the s106 could not be fulfilled since officers had received confirmation from the applicant’s mortgage lender that they would not be an agreeable party to such an agreement.  Members were informed that the mortgage lender had a clear financial and legal stake in the property and that they would need to be party to any legal tie.  Without their signature, the s106 could not be fulfilled.  Members were reminded of the statutory tests to which all s106s must accord with. The officer informed members of the content of para 203 of the NPPF which directed decision makers to use planning conditions rather than legal agreements (where it is necessary to make developments acceptable).  Reference was also made to updated government planning practice guidance. The officer referenced the conditions which would restrict future occupancy in this case and cited two recent appeal decisions which the Council had successfully defended for cases which centred on the robustness of planning conditions restricting holiday let occupancy.  Members were advised that, in officer’s opinion, this case did not merit a legal agreement as planning conditions would robustly serve the function of restricting future occupancy, and that maintaining a requirement for a s106 could place the Council at risk for unreasonable behaviour, a likely non determination appeal and potential costs application. 

Cllr Magnus MacDonald moved, subsequently seconded by Cllr Roy While, that planning permission be granted in accordance with the Officer’s recommendations as outlined in the report.

In questioning the Area Team Leader, the committee clarified that the mortgage lender was content with conditions to tie the property to a holiday let, but would not enter into any legal agreement; that there was evidence across the County where similar planning conditions had been used to restrict holiday let occupancy which had been challenged and successfully defended at appeal and that the recommended conditions are fully enforceable; and, to avoid an appeal in this case, and potential costs application, the committee were asked to determine the application for approval without a legal agreement.

Having been put to the vote, the meeting:

Resolved to grant permission (without a legal agreement) but subject to the following conditions as recommended:

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        No development shall take place until samples/details of the materials to be used in the construction of all the external surfaces of the development hereby permitted (including the exact type and colour and manufacturer of the solar PV panels) have been made available to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details.

          REASON:  To ensure that the development harmonises with its historic setting and protected surroundings.

3        No building works pursuant to the construction of the holiday let accommodation shall commence until all three existing structures identified for demolition on the site have been permanently demolished and all the debris has been removed from the site/landholding.

          REASON: In order to define the terms of this permission and to ensure the site is redeveloped in an appropriate manner respectful to the protected surroundings and neighbours.

4        No person/s shall occupy the holiday accommodation for a continuous period of more than 1 month in any calendar year and it shall not be re-occupied by the same person/s within 28 days following the end of that period.

          REASON:  This site is in a position where the Local Planning Authority, having regard to the reasonable standards of residential amenity, access, and planning policies pertaining to the area, would not permit permanent residential accommodation.

5        Notwithstanding Class C3 of the Schedule to the Town and Country (Use Classes) Order 1987 (as amended) (or any order which revokes and re-enacts that Order with or without modification), the accommodation hereby permitted shall be used to provide holiday accommodation only, which shall not be occupied as  permanent, unrestricted accommodation or as a primary place of residence.  In addition, an up to date register of names and main home addresses of all occupiers shall be maintained and shall be made available at all reasonable times to the Local Planning Authority.

          REASON: This site is in a position where the Local Planning Authority, having regard to the reasonable standards of residential amenity, access, and planning policies pertaining to the area, would not permit permanent residential accommodation.

6        No part of the development hereby permitted shall be first brought into use 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.

7        All demolition/construction operations on site shall be restricted to the following hours:

          Monday-Friday 08:00-18:00, Saturdays 08:00-13:00 and not at all on Sundays and/or bank Holidays.

          REASON: In the interests of safeguarding local and residential amenity.

8        Should the solar PV panels become obsolete, they shall be removed from the property within 3 months from the date they cease to be used or function for the purposes of providing renewable energy; and that the roof shall be clad in material to match the northern roof plan hereby approved.

          REASON: In order to define the terms of this permission.

INFORMATIVES TO APPLICANT:

1.       The applicant/developer is advised to duly note that bats and their roosts are protected at all times by the Conservation of Habitats and Species Regulations 2010. Planning permission for any development does not provide a defence against prosecution under this legislation or substitute for the need to obtain a bat licence if an offence is likely. If bats or evidence of bats is found during the works, the applicant is advised to stop work and follow advice from an independent ecologist or to contact Natural England's Bat line on 0845 1300 228

2.       The adults, young, eggs and nests of all species of birds are protected by the Wildlife and Countryside Act 1981 (as amended) while they are breeding. 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 1st March and 31st August but some species are known to breed outside these limits.

3.       The applicant/developer is encouraged to contact Wessex Water to agree connections to the water supply and mains sewer infrastructure.

4.       The applicant/developer is advised to contact the Wiltshire Fire & Rescue Service and to consider the installation / provision of residential sprinklers inside the new property. More information can be obtained from the Fire Authority through contacting them on tel. no: 01225 756500 or via email: planning@wiltsfire.gov.uk

5.       The applicant is encouraged to arrange for appropriate literature to be provided to all future visitors to the holiday let accommodation to advise upon the directions to the site and also to raise awareness of the localised highway constraints and limited visibility.

6.        The applicant is advised that the development hereby approved is chargeable development under the Community Infrastructure Levy Regulations 2010 (as amended) and Wiltshire Council's CIL Charging Schedule. A separate Community Infrastructure Levy Liability Notice will be issued by the Local Planning Authority. Should you require further information with regards to CIL please refer to the Council's Website:

          www.wiltshire.gov.uk/planninganddevelopment/planningpolicy/communityinfrastructurelevy