Agenda item

A report by the Case Officer is attached.

The following people spoke in support of the application

 

Mr Howard Waters, the agent.

 

Mr Richard Jackson, the applicant.

 

The Senior Planning Officer presented the application and noted that a letter and accompanying photograph had been presented to members of the Committee by the applicant since the agenda pack had been published.

 

It was explained that the proposal was to replace a previously approved permission with a larger scale dwelling. It was noted that the Highways Officer had expressed concern with regard to adequate parking at the site, and had raised an objection to the application on that basis. The officer’s report concluded that the application should be refused on the basis that the height, mass, bulk and design would have an adverse impact on both the setting of nearby listed buildings and the conservation area; and would be in contrary to Sections 7 and 12 of the NPPF and policies CP57 and CP58 of the Wiltshire Core Strategy.

 

The Committee was then invited to ask technical questions, for which there were none.

 

Members of the public were then invited to speak, as detailed above.

 

The Divisional Member, Cllr Sue Evans, spoke in support of the application and explained that the application had received full support at a recent Town Council meeting in preference to the previous application. The Town Council were satisfied that the new proposal would not impact on the views of the Church or Castle, and that the quality of the building would reflect its surroundings. Cllr Evans advised that the proposed dwelling mirrored that of buildings in the town centre, and therefore fitted in with the imposing structure. Cllr Evans noted that the Highways Officer objected to the proposal on the grounds of parking, but this issue could be resolved and should not be a reason for refusal.

 

The Officer responded that the proposal, within the context of the surrounding buildings, would look out of character, and the previously approved design of a smaller scale building would be better suited and more appropriate within its surroundings.

 

During debate, it was noted that the previous design was a compromise, and that a lot of care and attention had been put into the new design in terms of fitting into the historic surrounding area. A concern was raised with regard to parking and vehicle access, and it was suggested a condition be included within the recommendation on that basis. It was also noted that the views of the Town Council should be taken on board in that they had a good understanding on what they believed to be suitable for their town.

 

It was also noted that the design was too grand for its setting and that the new design may look incongruous in context of the smaller bungalows surrounding it. Concern was also raised that the proposal did not meet CP57 in that it did not fit into the locality and was beyond what was appropriate for the location.

 

Resolved

 

To approve the application subject to the conditions set out below:

 

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 carried out in accordance with the Application form, the "Design and Access Statement and Heritage Statement" dated 14/12/2015 and the following approved plans: Site location and block plans, dwg no. 1268.08; Site layout and section, dwg no. 1268.09; Plans and elevations, dwg no. 1268.10-B; Existing and Proposed views, dwg no. 1268.12

 

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

 

3       No development shall commence on site until the exact 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: 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, in the interests of visual amenity and the character and appearance of the area.

 

4       All new brickwork shall be constructed using a Flemish bond.

 

Reason: To secure harmonious architectural treatment.

 

5       No development shall commence on site until architectural details of all eaves, verges, rainwater goods, chimneys, dormers and canopies 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: 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, in the interests of visual amenity and the character and appearance of the Conservation Area and the setting of the Listed Building.

 

6       No works shall commence on site until details of all new external window and door joinery have been submitted to and approved in writing by the Local Planning Authority. The submitted details shall include depth of reveal, details of heads, sills and lintels, elevations at a scale of not less than 1:10 and horizontal/vertical frame sections (including sections through glazing bars) at not less than 1:2.  The works shall be carried out in accordance with the approved details and maintained as such thereafter.

 

REASON: 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, in the interests of preserving the character and appearance of the setting of the listed building and of the setting of the Conservation Area.

 

7       No external lighting shall be installed on site until plans showing the type of light appliance, the height and position of fitting, illumination levels and light spillage spillage in accordance with the appropriate Environmental Zone standards set out by the Institute of Lighting Engineers in their publication "Guidance Notes for the Reduction of Obtrusive Light" (ILE, 2005)", have been submitted to and approved in writing by the Local Planning Authority.  The approved lighting shall be installed and shall be maintained in accordance with the approved details and no additional external lighting shall be installed.

 

REASON: In the interests of the amenities of the area and to minimise unnecessary light spillage above and outside the development site.

 

8       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 detailed planting specification showing all plant species, supply and planting sizes and planting densities;

    *     means of enclosure, including any screening, hedgerow, walls, fences and repairs to existing;

    *     all hard and soft surfacing materials;

    *     retained historic landscape features and proposed restoration, where relevant.

 

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

 

9       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(s) 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.

 

10   The dwelling hereby approved shall not be occupied until sufficient space for the parking of 3 vehicles together with a vehicular access and turning area thereto has been provided in accordance with details submitted to and approved in writing by the Local Planning Authority. The said space shall not be used other than for the parking of vehicles or for the purpose of access.

 

REASON: To ensure that adequate provision is made for parking within the site in the interests of highway safety.

 

11   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 hereby permitted shall not be converted to habitable accommodation.

 

REASON:  To secure the retention of adequate parking provision, in the interests of highway safety.

 

12   The tree on the site which is protected by a Tree Preservation Order shall, before any work commences, be enclosed in accordance with British Standard 5837 (2005) Trees in Relation to Construction by braced Heras fencing (or other type of fencing to be agreed in writing by the local planning authority). Before the fence is erected its position shall be agreed 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 stacking of soil, shall be allowed within it.

 

REASON: To enable the local planning authority to ensure the retention of an important tree on the site in the interests of visual amenity.

 

13   The development hereby approved shall be carried out in accordance with the "Written Scheme of Investigation for an Archaeological Watching Brief" dated June 2013 and the "Interim Statement on an Archaeological Watching Brief" dated 19/02/14.

 

REASON: To safeguard the sites archaeological interest.

 

14   Construction work on the site shall only take place between the hours of 08:00 and 17:30 on weekdays, between 08:00 and midday on Saturdays, with no work taking place on Sundays or Bank Holidays.

 

REASON: In the interests of protecting the reasonable living conditions of the occupants of the neighbouring properties.

 

15   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), there shall be no additions to, or extensions or enlargements of any building forming part of the development hereby permitted unless planning consent is granted by the Local Planning Authority.

 

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.

 

16   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), no buildings or structures, or gate, wall, fence or other means of enclosure, other than those shown on the approved plans, shall be erected or placed anywhere on the site on the approved plans unless planning consent is granted by the Local Planning Authority.

 

REASON:  To safeguard the character and appearance of the area.

 

17   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), no window, dormer window or rooflight, other than those shown on the approved plans, shall be inserted in any of the roofslopes of the development hereby permitted unless planning consent is granted by the Local Planning Authority.

 

REASON:  In the interests of residential amenity and privacy and in the interests of the character of the dwelling and that of the area.

 

18   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), no television / radio aerial / satellite dish or other form of antenna shall be installed / affixed on the exterior of any building forming part of the development hereby permitted unless planning consent is granted by the Local Planning Authority.

 

REASON:  To safeguard the character and appearance of the building and area.

 

19   Before the development hereby permitted is first occupied the bathroom windows in the north and south elevations shall be glazed with obscure glass only, to an obscurity level of no less than level 4 and the windows shall be maintained with obscure glazing in perpetuity.

 

REASON:  In the interests of residential amenity and privacy.

 

20   The dwelling hereby approved shall achieve a level of energy performance equivalent to Level 4 of the Code for Sustainable Homes. The dwelling shall not be occupied until evidence has been submitted to and confirmed in writing by the local planning authority certifying that this level or equivalent has been achieved.

 

REASON: In the interests of creating a sustainable form of development in accordance with Policy CP41 of the Wiltshire Core Strategy.

 

21   INFORMATIVE TO APPLICANT: Please note that Council offices do not have the facility to receive material samples. Please deliver material samples to site and inform the Planning Officer where they are to be found.

 

22   INFORMATIVE TO APPLICANT: The applicant is advised that the development hereby approved may represent chargeable development under the Community Infrastructure Levy Regulations 2010 (as amended) and Wiltshire Council's CIL Charging Schedule. If the development is determined to be liable for CIL, a Liability Notice will be issued notifying you of the amount of CIL payment due. If an Additional Information Form has not already been submitted, please submit it now so that we can determine the CIL liability. In addition, you may be able to claim exemption or relief, in which case, please submit the relevant form so that we can determine your eligibility. The CIL Commencement Notice and Assumption of Liability must be submitted to Wiltshire Council prior to commencement of development.  Should development commence prior to the CIL Liability Notice being issued by the local planning authority, any CIL exemption or relief will not apply and full payment will be required in full and with immediate effect. Should you require further information or to download the CIL forms please refer to the Council's Website www.wiltshire.gov.uk/planninganddevelopment/planningpolicy/communityinfrastructurelevy.