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Agenda item

19/06982/VAR - River Mead House, Church Hill, West Overton, Lockeridge, SN8 4EL

Removal of conditions 3, 7 and 8 of 19/02445/FUL (proposed erection of a building for the storage of agricultural machinery in connection with a farm contracting business (B8 Use)).

 

Minutes:

Cllr Stewart Dobson left the room at 15.05.

 

Public Participation

Mr Bob Green spoke in objection to the application.

 

Ruaridh O'Donoghue, Senior Planning Officer, presented a report which recommended that planning permission be granted with conditions, for the removal of conditions 3, 7 and 8 of 19/02445/FUL (proposed erection of a building for the storage of agricultural machinery in connection with a farm contracting business (B8 Use)).

 

The key detail to consider when looking at the application was whether the removal of the visibility splays set out in condition 3 of 19/02445/FUL would still allow for a safe and suitable means of access to serve the development (Core Policy 61 and NPPF 108).

 

A summary of consultation responses was given to the meeting. Most concerns were regarding the removal of condition 3 and the visibility splays.

 

It was stated that works had started in advance, so the applicant was currently in breach of condition 3. Whether enforcement action would be taken would depend on the committee’s decision. If the application was approved, no action would be taken. If declined, then enforcement action might need to be taken.

 

Slides were shown with location plans and photographs, it was explained that the site was outside the main built up area of the village, in a ribbon of development. However, the site was considered open countryside and lay in In the North Wessex Downs AONB.

 

The officer stated that due to a tree with a Tree Preservation Order (TPO) on it, the applicant was unable to complete the splays as per the original condition (2.4m by 43m in both directions). A revised plan was shown and it was explained that the distance would stepped out by 1m into the carriageway, resulting in a distance of 2.4m by 40.7m. This was considered acceptable by the Local Highways Authority and deemed not to prejudice highway safety.  Core Policy 61 and NPPF 108 would be met.

 

Members of the committee then had the opportunity to ask technical questions of the officer. In response to questions it was stated that the applicant had been advised of the conditions of the application and had accepted these, however they must not have been aware of the TPO. If the committee approved the application they could impose a condition to lift the crown of the tree, however this would be subject to the Tree Officers approval. If the officer said no, then the applicant would be unable to meet the requirements of the condition and the case would come back to committee again.

 

Members of the public then had the opportunity to present their views, as detailed above.

 

Cllr Mark Connolly proposed a motion to approve planning permission, with conditions, as per the officer recommendation. This was seconded by Cllr Chris Williams.

 

A debate followed where the following issues were discussed.

 

The Chairman stated that when looking at the application one had to consider whether reducing the length of the visibility splays from 43m to 40.7m would result in a severe reduction in safety. The committee could only refuse permission on Highways grounds if there was a severe impact on safety. The Chairman and others felt that safety would not be seriously impacted and therefore supported approving the planning permission.

 

Further debate arose around the possibility of imposing a condition to lift the crown of the tree as farm vehicles would be using the entrance and the driver would be in a high cab. Technical advice was sought from officers regarding this.

 

Officers reviewed condition 3. Due to the wording of the condition there was already flexibility to increase the height where there was no obstruction to visibility to above 900mm. Therefore it was felt that an additional condition was not required as condition 3 already covered the issues members were concerned about.

 

At the conclusion of the debate it was;

 

Resolved:

 

That planning permission be granted, with conditions as per the officer recommendation.

 

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 following approved plans and documents:

 

     Application Form

     Block Plan 1:1000

 

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

 

3.    No part of the development shall be brought into use, until the visibility splays shown on the approved plans have been provided with no obstruction to visibility at or above a height of 900mm 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.

 

4.    The development hereby permitted shall not be first brought into use until the first fifteen 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.

 

5.    Any gates shall be set back 15 metres from the edge of the carriageway, such gates to open inwards only.

 

REASON: In the interests of highway safety and to allow for agricultural use.

 

6.    The development hereby permitted shall not be first brought into use until the access has been increased in width to 5 metres over the first 15 metres from the C202 carriageway edge with the provision of a radii of 3 metres to both sides of the access.

 

REASON: In the interests of highway safety.

 

7.    The development shall be carried out in accordance with the approved materials outlined in the Supporting Statement by Woolley & Wallis dated July 2019 unless otherwise agreed in writing by the Local Planning Authority.

 

REASON: In the interests of visual amenity and the character and appearance of the area which is within the AONB.

 

8.    All soft landscaping comprised in the approved details of landscaping entitled Landscape Planting Scheme by Woolley & Wallis shall be carried out in the first planting and seeding season following the first occupation of the building 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.

 

9.    The site shall be used for an agricultural contracting business and for no other purpose (including any other purpose in Class B8 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended) (or in any provisions equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification). Furthermore, the provisions for change of use under 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) cannot be undertaken.

 

REASON: The proposed use is acceptable, but the Local Planning Authority wish to consider any future proposal for a change of use having regard to the circumstances of the case.

 

10.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 / extensions / external alterations to any building forming part of the development hereby permitted and no plant or machinery shall be installed outside any such building on the site on the approved plans.

 

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, or the installation of any outdoor plant/machinery.

 

11.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 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 in the interest of maintaining dark skies within the AONB.

 

INFORMATIVE TO APPLICANT:

The proposal includes alteration to the public highway and the consent hereby granted shall not be construed as authority to carry out works on the highway.  The applicant is advised that a license may be required from Wiltshire's Highway Authority before any works are carried out on any footway, footpath, carriageway, verge or other land forming part of the highway.  Please contact the vehicle access team on telephone 01225 713352 or email vehicleaccess@wiltshire.gov.uk  for further details.

 

Cllr Stewart Dobson re-entered the room at 15:30.

 

Supporting documents: