Agenda item

Public Participation

Paul Oakley, Agent, spoke in support of the application

Cllr Keith Muston, Chairman Chapmanslade Parish Council, spoke in on the application.

Matthew Perks, Senior Planning Officer, introduced the report which recommended approval be granted for an outline application for the erection of a single storey dwelling with all matters reserved except for access.

The key issues were identified as; light of the principle of the development and the potential impacts on the neighbouring amenity.

Members of the Committee had the opportunity to ask technical questions of the officer and no questions were asked. 

Members of the public, as detailed above, had the opportunity to speak on the application.

A motion to move the officers recommendation with an amendment to condition 6 deleting the word ‘between’ and replacing it with the word ‘outside’ was proposed by the Chairman and seconded by Councillor Ernie Clark.

A debate followed and the key points included: the merit of including additional condition to restrict permission for just one dwelling and to amend condition 6.

At the end of the debate it was:

RESOLVED

To approve the officers recommendations subject to the following conditions: 

1. The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

REASON:   To comply with the provisions of Section 92 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 of the following matters (in respect of which approval is expressly reserved) have been submitted to, and approved in writing by, the Local Planning Authority:

(a)       The scale of the development;

(b)       The layout of the development;

(c)       The external appearance of the development;

(d)       The landscaping of the site;

The development shall be carried out in accordance with the approved details.

REASON:  The application was made for outline planning permission and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act 1990 and Article 5 (1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015.

3.         The landscaping plan shall include provision for parking and turning areas on site. These areas shall be laid out and constructed prior to the first occupation of the dwelling hereby approved and shall be retained without obstruction thereafter.

REASON: In the interests of highway safety

4.         The dwelling hereby permitted in outline form shall be single storey only.

REASON: To define the terms of this outline permission and to protect the amenity of the adjacent properties.

5. No development shall commence on site until an investigation of the history and current condition of the site to determine the likelihood of the existence of contamination arising from previous uses has been carried out and all of the following steps have been complied with to the satisfaction of the Local Planning Authority:

Step (i) A written report has been submitted to and approved by the Local Planning Authority which shall include details of the previous uses of the site and any adjacent sites for at least the last 100 years and a description of the current condition of the sites with regard to any activities that may have caused contamination. The report shall confirm whether or not it is likely that contamination may be present on the site and the potential impact of any adjacent sites.

Step (ii) If the above report indicates that contamination may be present on, under or potentially affecting the proposed development site from adjacent land, or if evidence of contamination is found, a more detailed site investigation and risk assessment should be carried out in accordance with DEFRA and Environment Agency’s "Model Procedures for the Management of Land Contamination CLR11" and other authoritative guidance and a report detailing the site investigation and risk assessment shall be submitted to and approved in writing by the Local Planning Authority.

Step (iii) If the report submitted pursuant to step (i) or (ii) indicates that remedial works are required, full details must be submitted to the Local Planning Authority and approved in writing and thereafter implemented prior to the commencement of the development or in accordance with a timetable that has been agreed in writing by the Local Planning Authority as part of the approved remediation scheme. On completion of any required remedial works the applicant shall provide written confirmation to the Local Planning Authority that the works have been completed in accordance with the agreed remediation strategy.

REASON: To ensure that land contamination can be dealt with adequately prior to the use of the site hereby approved by the Local Planning Authority.

6. There shall be no burning of materials on site during the development works and no construction shall be carried out outside the hours of 07:30 to 18:00 Mondays to Fridays and 07:30 to 1300 on Saturdays. No working shall be permitted on Sundays or Bank Holidays.

REASON: In the interests of neighbouring amenity.

7. Prior to the commencement of the development, a construction management statement will be submitted to and approved in writing by the Local Planning Authority. The statement will include details in regards to types of vehicles, construction staff parking requirements, management of debris/mud from the site and a program of works.

REASON: In the interests of highway safety and neighbouring amenity.

8. The development shall be carried out in accordance with the following approved plans:

Location Plan registered on 26 March 2018; and Site Plan registered on 26 March 2018

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

INFORMATIVES:

The Protection of Badgers Act 1992 protects badgers from cruel ill-treatment, including damage or destruction of their setts, or disturbance whilst a sett is in occupation. This Act makes it illegal to carry out work that may disturb badgers without a Natural England licence. Particular care should be taken when clearing ground prior to development, and if evidence of badger activity is found, (such as foraging routes, snuffle holes, latrines or established setts), then work must stop immediately while a professional ecologist is contacted for advice. Applicants are advised to pay particular attention to foundation ditches, which can be hazardous to badgers. Sloping boards or steps should be provided to allow badgers to escape from such ditches should they become trapped. Failure to consider this matter, leading to the death of individuals, may leave the developer liable for prosecution. Further information about badgers and licensing can be found at https://www.gov.uk/badgers-protection-surveys-and-licences

There is a low risk that reptiles could occur on the application site. All reptiles are legally protected under Schedule 5 of the Wildlife and Countryside Act 1981 (as amended) and planning permission does not provide a defence against prosecution. In order to minimise the risk of reptiles occurring on the site, the developer is advised to clear the site and vegetation in a sympathetic manner during the autumn (September/October) or spring months (April-May) and to maintain the vegetation at a short height to make it unsuitable for reptiles until the construction works commence. If these species are found during the works, the applicant is advised to stop work and follow the advice of a professional ecologist to inform necessary mitigation and/or compensation measures.

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.