Agenda item

The Committee received a presentation by the Area Development Manager 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 Benjamin Pearce, the agent, in support of the application.

 

Cllr Judy Rooke, the local Member, expressed her concern about the design, density and proximity to Rowden Down Cottage. She also conveyed the concerns of residents about the pedestrian access into Timbrells Place and stated that in these circumstances she could not support the application.

 

It was noted that a letter had now been received from Chippenham Town Council recommending that the application be refused due to the loss of amenity to Rowden Down Cottage, the proposed development at one point being only 2.5m away.  

 

During the subsequent discussion Members of the Committee considered the views expressed and

 

Resolved:-

 

To delegate to the Area Development Manager to approve the application, subject to the securing of a an Agreement under Section 106 of the Town & Country Planning Act 1990 for the provision of a financial contribution towards public open space, in accordance with Policy C3 and CF3 of the adopted North Wiltshire Local Plan and 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.  No development shall commence on site until details and samples of the materials to be used for the external walls and roofs 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.

 

POLICY: C3

 

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, the details of which shall include:

 

(a) indications of all existing trees and hedgerows on the land;

(b) details of any to be retained, together with measures for their protection in the course of development;

(c) all species, planting sizes and planting densities, spread of all trees and hedgerows within or overhanging the site, in relation to the proposed buildings, roads, and other works;

(d) finished levels and contours;

(e) means of enclosure;

(f) car park layouts;

(g) other vehicle and pedestrian access and circulation areas;

(h) hard surfacing materials;

(i) minor artefacts and structures (e.g. furniture, play equipment, refuse and other storage units, signs, lighting etc);

(j) proposed and existing functional services above and below ground (e.g. drainage, power, communications, cables, pipelines etc indicating lines, manholes, supports etc);

 

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

POLICY: C3

 

4.  No part of the development hereby permitted shall be occupied or 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.

 

POLICY: C3

 

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 that Order with or without modification), there shall be no additions/extensions or external alterations to any building forming part of the development hereby permitted.

 

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 external alterations.

 

POLICY: C3

 

6.  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/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.

           

POLICY: C3

 

7.  No development shall commence on site until a scheme to deal with contamination of the land has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include an investigation and assessment to identify the extent of contamination and the measures to be taken to avoid risk to the public, buildings and the environment when the site is developed. The site shall be fully decontaminated in accordance with the approved scheme before any part of the development is occupied.

 

REASON: In the interests of public health and safety.

 

POLICY: C3

 

8.  Prior to the commencement of development full details of the proposed secure storage building shall have been submitted to and approved in writing by the Local Planning Authority.  Development shall be carried out in complete accordance with those details so approved.

 

REASON:  In the interests of amenity so as to secure an outbuilding of satisfactory design and appearance.

 

9.  With the exception of its use by emergency services, the proposed secondary access to the site via Timbrells place shall be secured against all future vehicular use, in accordance with a scheme that shall have been submitted to and approved in writing by the Local Planning Authority prior to the commencement of development.  Development and future occupation of the site as a residential development shall be carried out in complete accordance with such details approved.

 

REASON:  In the interests of securing an emergency access to the site in the event of an extreme flood and so as to avoid an unacceptable impact upon residential amenity.

 

10. The emergency access to the site via Timbrells Lane shall not be used for pedestrian access unless otherwise needed in the event of an emergency in accordance with a scheme that details such future control over the emergency pedestrian access, which shall have been submitted to and approved in writing by the Local Planning Authority.  Development and future occupation of the site as a residential development shall be carried out in complete accordance with such details approved.

 

REASON:  In the interests of securing an emergency access to the site in the event of an extreme flood and so as to avoid an unacceptable impact upon residential 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.

 

1605 L02, L1605 L101, L1605 L102,

 

All dated 15/02/10

 

Reason for Decision

 

The proposal is considered to constitute an acceptable form of development in terms of its scale, siting, massing and design in relation to adjoining development and is without unacceptable detriment to the amenities of surrounding residents.  As such the proposal is considered to comply with the provisions of Policies C3, NE2 and H3 of the adopted North Wiltshire Local Plan 2011.