Agenda item

With the Chairman’s agreement, this application was considered together with the associated Conservation Area Consent application for pre-required demolition works referred to at minute number 96d below.   

 

Public participation:

Mr Peter Borchert, the architect, spoke in support of the application.

 

The Planning Officer presented the report which recommended approval subject to conditions, and drew attention to the late list of additional information.

 

A debate ensued regarding the design, form and extent of development, impact on surroundings, site drainage and highway safety implications of the proposal.

 

Resolved:

 

That the application be approved subject to submission of a Unilateral Undertaking under S106 of the Town and Country Planning Act for the provision of a financial contribution to secure public recreational open space facilities in accordance with Local Plan policy R2 and conditions, in line with the officer’s recommendations, for the following reasons:

 

It is considered that the proposed development would not be unacceptable in principle. It would not consist of backland development that would be inappropriate, and would not harm the character or appearance of the Wylye Conservation Area, the Cranborne Chase and West Wiltshire Downs Area of Outstanding Natural Beauty, or the setting of adjacent listed buildings. The development would not result in harm to the living conditions of nearby properties, highway safety, archaeology, ground water source protection, protected species, the River Avon Site of Special Scientific Interest or Special Area of Conservation or public recreational open space facilities. It would not be at unacceptable risk from noise or disturbance.

 

The proposed development would therefore comply with saved policies H16 (Development within Housing Policy Boundaries), C4, C5 (Development within Areas of Outstanding Natural Beauty), D2 (Infill Development), C10 (Nature Conservation), C12 (Protected Species), G1, G2 (General Development Criteria), G8 (Groundwater Source Protection), CN8 (Development within Conservation Areas), CN9 (Demolition of Buildings within Conservation Areas), CN10 (Loss of Gardens in Conservation Areas), CN21 (Areas of Special Archaeological Interest) and R2 (Public Recreational Open Space) of the Adopted Salisbury District Local Plan (saved policies).

 

It would also comply with National Guidance in PPS1 (Delivering Sustainable Development), PPS3 (Housing), PPS5 (Planning for the Historic Environment), PPS7 (Sustainable Development in Rural Areas), PPS9 (Protected Species), PPS23 (Planning and Pollution Control) and PPG24 (Planning and Noise) and the advice the Wylye Conservation Area Appraisal and circular 03/99.

 

And 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) The development hereby approved shall be undertaken in accordance with the following approved plans:

 

REASON: for the avoidance of doubt and in the interests of proper planning

 

(3) Notwithstanding the approved drawings, no works shall commence until details of the following matters have been submitted to and approved in writing by the Local Planning Authority:

 

(i) Large scale details of all external joinery including metal-framed glazing (1:5 elevation, 1:2 section) including vertical and horizontal cross-sections through openings to show the positions of joinery within openings, depth of reveal, heads, sills and lintels;

(ii) Full details of proposed rooflights, which shall be set in plane with the roof covering;

(iv) Full details of external flues, background and mechanical ventilation, soil/vent pipes and their exits to the open air;

(v) Large scale details of proposed eaves and verges (1:5 section);

(vi) Details of rainwater goods (which shall be metal and finished in black);

(vii) samples of the external facing materials (including roof materials)

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

 

REASON: In the interests of preserving the character and appearance of the Conservation Area.

 

POLICY: CN8

 

(4) No part of the development hereby permitted shall be occupied until the first five metres of the access, measured from the edge of the carriageway, has been consolidated and surfaced (not loose stone or gravel). The access shall be maintained as such thereafter.

 

REASON: In the interests of highway safety

 

POLICY: G2

 

(5) The gradient of the access way shall not at any point be steeper than 1 in 15 for a distance of 4.5m metres from its junction with the public highway.

 

REASON: In the interests of highway safety

 

POLICY: G2

 

(6) No part of the development shall be occupied until the visibility splays shown on the approved plans have been provided with no obstruction to visibility at or above a height of 1 0m above the nearside carriageway level. The visibility splays shall be maintained free of obstruction at all times thereafter.

 

REASON: In the interests of highway safety

 

POLICY: G2

 

(7) No development shall commence until details of the means of surface water drainage of the site (including surface water from the access/driveway), incorporating sustainable drainage details, have been submitted to and approved, in writing, by the Local Planning Authority. Development shall be undertaken in accordance with the drainage details thereby approved. No water or effluent should be discharged from the site or operations on the site into the railway undertaker's culverts or drains.

 

REASON: in the interests of highway and railway safety, and the amenities of nearby properties.

 

POLICY: G2

 

(8) Development shall be undertaken in accordance with the recommendations of the protected species survey dated November 2009 (set out at section 6) and the Arboricultural Appraisal dated 26th June 2008 unless otherwise agreed, in writing, by the Local Planning Authority.

 

REASON: in the interests of protected species and the character and appearance of the area with regard to trees.

 

POLICY: C12, G2

 

(9) No groundworks shall commence on site until an archaeological watching brief has been arranged to be maintained during the course of the works affecting the historic fabric of the building. The watching brief shall be carried out in accordance with the written specification, by a professional archaeologist, which shall have been first agreed in writing by the Local Planning Authority.

 

REASON: To safeguard the identification and recording of features of archaeological interest.

 

POLICY- CN21

 

(10) 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 those Orders with or without modification), no external alterations or development within Part 1, Classes A-H (including the insertion of further windows) shall take place on the dwellinghouses hereby permitted or within their curtilage.

 

REASON: In the interests of the character and appearance of Conservation Area, to ensure that the integrity of the design is maintained, and to prevent the insertion of windows that could result in loss of privacy within the site and to adjoining neighbours.

 

POLICY: CN8, G2

 

(11) Construction work shall not begin until a scheme for protecting the proposed residential properties from noise and vibration from the nearby railway line has been submitted to and approved by the Local Planning Authority; all works which form part of the scheme shall be completed before any part of the residential development is occupied.

 

REASON: to ensure a reasonable standard of accommodation

 

POLICY: PPG24

 

(12) Before development commences the applicant shall commission the services of a competent contaminated land consultant to carry out a detailed contaminated land investigation of the site and the results provided to the Local Planning Authority:

 

The investigation must include:

 

(a) A full desktop survey of historic land use data,

(b) A conceptual model of the site identifying all potential and actual contaminants, receptors and pathways (pollution linkages).

(c) A risk assessment of the actual and potential pollution linkages identified,

(d) A remediation programme for contaminants identified. The remediation programme shall incorporate a validation protocol for the remediation work implemented, confirming whether the site is suitable for use.

 

The remediation programme shall be fully implemented, and the validation report shall be forwarded to the Local Planning Authority, prior to first occupation of the first of the dwellings hereby approved being occupied.

 

REASON: In the interests of public health and safety

 

POLICY: G2

 

(13) The development hereby approved shall be undertaken in accordance with the mitigation measures proposed in the Construction Method Statement dated February 2010 unless otherwise agreed in writing by the Local Planning Authority.

 

REASON: in the interests of preventing groundwater pollution

 

POLICY: G8

 

(14) Works to construct the development hereby approved shall only take place between the hours of 08:00 to 17:30 on Mondays to Fridays and 08:00 to 13:00 on Saturdays. Works shall not take place on Sundays or Public Holidays.

 

REASON: in the interests of the amenities of nearby properties

 

POLICY: G2

 

(15) No development shall commence on site until a sample wall panel, not less than 1 metre square, has been constructed on site, inspected and approved in writing by the Local Planning Authority. The panel shall then be left in position for comparison whilst the development is carried out. Development shall be carried out in accordance with the approved sample.

 

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

 

POLICY- CN8

 

(16) (a) No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the prior written approval of the Local Planning Authority. Any topping or lopping approved shall be carried out in accordance with British Standard 3998 (Tree Work).

 

(b) If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species and shall be planted at such time, as may be specified in writing by the Local Planning Authority.

 

(c)No equipment, machinery or materials shall be brought on to the site for the purpose of the development, until a scheme showing the exact position of protective fencing to enclose all retained trees beyond the outer edge of the overhang of their branches in accordance with British Standard 5837 (2005): Trees in Relation to Construction, has been submitted to and approved in writing by the Local Planning Authority, and; the protective fencing has been erected in accordance with the approved details. This fencing shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the prior written consent of the Local Planning Authority.

 

In this condition retained tree means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) above shall have effect until the expiration of five years from the first occupation or the completion of the development, whichever is the later.

 

REASON: To enable the Local Planning Authority to ensure the retention of trees on the site in the interests of visual amenity.

 

POLICY- G2, CN8

 

(17) The development shall be undertaken in accordance with the following approved plans and drawings:

 

• Location Plan – 1113/08, received 5^th March 2010
• Proposed Site Plan – 113/09F, received 8^th June 2010
• Existing and Proposed Street Scenes and Proposed Site Section - 113/10F, received 6^th July 2010
• Proposed Plans and Elevations House 1 – 113/12E, received 6^th July 2010
• Proposed Plans and Elevations House 2 – 113/13C, received 8^th June 2010
• Proposed Plans and Elevations House 1 – 113/14B, received 17^th August 2010
• Site Section C-C – 1113/15D, received 17^th August 2010
• Proposed Plans and Elevations Garages to Vine Cottage and House 1 – 1113/16, received 5^th March 2010

 

REASON: For the avoidance of doubt.