Agenda item

Change of use of two adjoining agricultural buildings to form a single-family home. Demolition of a further barn and its replacement with a garage/workshop and associated works.

Public Participation

Suzanne Kennedy read a statement in support to the application

Nigel Keen read a statement in support of the application

Nigel Keen read the statement of EPR Ecology in support of the application.

Tracey Glibber, Chair of Milston PC, read a statement in support of the application.

 

Georgina Wright, Senior Planning Officer, noted an update to the published agenda pack, which was that Milston Parish Meeting had raised no objection to the application. She then presented the application which was for change of use of two adjoining agricultural buildings to form a single-family home. Demolition of a further barn and its replacement with a garage/workshop

and associated works. The application was recommended for refusal as detailed in the Officer report.

 

Key issues highlighted included: Principle, heritage, Character and Design, Neighbouring Amenities, Highway Safety, Flooding and Ecology.

 

The site included a collection of agricultural buildings based around a farmyard. Slide 14 showed the four buildings labelled as A,B,C and D.

 

The proposal involved the conversion of buildings A and B into a single four-bedroom dwelling.

 

Building C was to be demolished and replaced with a new garage block.

 

Building D was to be converted into a residential annex but did not form part of this application.

 

Access to site was from the north, on Church Road. The dwellings opposite the site on Church Road were Grade II listed buildings.

 

There were three recommended reasons for refusal, which the Officer then explained.

 

Reason one related to the planning history of the site. In 2017, buildings A & D both received planning permission through class Q of the general permitted development order, for a conversion into two separate dwellings. That permission had since expired.

 

Building B was refused permission for its use as a dwelling under the class Q route in 2017 as it was felt that that building was not capable of conversion. At the subsequent appeal, the Inspector agreed with that reason for refusal and so that building remains in agricultural use.

 

This application proposed the conversion of building A and B into one dwelling, with building A containing the bedrooms and building B to have the living quarters. The two buildings would be linked with a modest single storey glazed link.

 

The application was to be considered under policy CP48 which was more restricted than the class Q process re conversion of buildings. Under class Q, building B was found to be unconvertable. Likewise, for the same reason it did not satisfy CP48.

 

Building A could be a dwelling if the applicant re-applied under class Q.

 

The second reason for refusal was based on flooding, the flood zones currently went into the site, in particular over building B. New build in flood zone 2 was not acceptable unless a sequential test was done to look at alternatives outside of flood zones 2 and 3. There was an alternative on this site, so this scheme failed the sequential test for flooding.

 

The third reason was due to the river Avon, as there was no current strategic level mitigation for phosphate loading into the river Avon. Therefore, any additional dwelling in this part of the county was currently being refused or held until there was mitigation in place. Therefore, as the application proposed to introduce a new dwelling on the site, where there was a phosphate loading issue, to give permission would be contrary to policy.

 

The proposed elevations and floor plans were explained.

 

Members of the Committee had the opportunity to ask technical questions to the officer. In response to queries, it was clarified that the cladding would be dark in colour and would be conditioned should the application be approved.

 

Drainage and flooding were two separate matters. The Environment Agency (EA) had said that the flood zones were indicative and likely to be best case scenario and because of climate change could be likely to change/be worse. 

 

If the committee was mindful to approve the application then it would be able to condition that the development did not commence until the phosphate issue had been resolved. The Officer noted that this was not a best practice approach and may take a while to resolve

 

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

 

One statement suggested that a condition be applied to restrict the site to one dwelling. The Officer confirmed that a condition of that nature was not possible.

 

In response to the ecology report which had been read out, the Officer noted that it stated there would be a calculation of the phosphates and there would be a mitigation package put forward, however it was her understanding that it was not as simple as that. Until the calculations and mitigation had been provided the Officer could not be satisfied that the matter was resolved and if it were that simple she suggested that everyone else would do that for every other site that was currently being held up/refused on this matter.  The WC Ecologist had been made aware of the proposals outlined in the report but due to lack of detail had reconfirmed their objection

 

Local Member Cllr John Smale then spoke in support of the application, noting that the applicants had vast support for the application locally.

There had been a coming together of the villages to show their support of the development.

 

He noted that the dairy had been derelict for the last 30 years and that it was lucky that this family had come along and were taking their time to make sure they were getting things right to improve the location.

 

He hoped that they would be able to achieve accommodation that was suitable for the family, confirming that he had seen samples of the proposed cladding and felt that it was suitable.

 

He raised a point regarding nutrients and phosphates, in that the applicants would need to supply a mitigation plan. He stated that Wessex Water were in full support of the suggested action the applicant would take.

 

Cllr Smale then moved a motion of approval, against Officer recommendation, stating the reasons as local support, support of the parish council and the improvement of a derelict site of 30 years. This was seconded by Cllr Wright.

 

In the ensuing debate, Members considered the high level of support from neighbouring villages and the parish council to the proposals and whether there was any visible harm to the development from outside of the site.

 

The Council policy relating to phosphates and whether that could be managed under a condition to request that no development would take place until a mitigation strategy to deal with phosphates was produced by the applicant which satisfied the councils Ecological Officer.

 

Discussion around the height of the concrete base for building B and whether that would deal with the issue of flooding and whether it was possible to convert the agricultural barns in their current state, or if it would be considered new build. The situation of the previous permission under class Q for two dwellings was raised and that it would be possible for the applicant to apply for that again for building A.

 

It was noted that Wessex Water’s support was only connected to the drainage aspect of the development, and not the phosphate issue, as that was dealt with by Natural England.

 

The Case Officer clarified the law on conditioning ecological matters.

 

Following debate the Committee confirmed they had heard and seen all

relevant visual materials, and voted on the motion of approval against

officer recommendation with the added condition that no development would take place until a mitigation strategy to deal with phosphates was produced by the applicant which satisfied the councils Ecological Officer.

 

Cllr McLennan requested that his dissent be recorded.

 

It was:

 

Resolved:

 

That application 20/02624/FUL be GRANTED subject to the following conditions:

 

1.     WA1     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.     WM13 Thedevelopmentherebypermittedshall becarriedout inaccordancewith the followingapproved plans:

 

        Application Form & Certificate

        Ref: L-000 – Location Plan.  Received – 23.03.2020

        Ref: PL-001 – Proposed Site Plan.  Received – 23.03.2020

        Ref: PL-002 – Proposed Block Plan.  Received – 23.03.2020         

        Ref: PL-101 – Proposed Ground Floor Plan.  Received – 23.03.2020

        Ref: PL-102 – Proposed First Floor Plan.  Received – 23.03.2020

        Ref: PL-201 – Prop. Context Elev. A-A, B-B, C-C  Received – 23.03.2020

        Ref: PL-202 – Prop. Context Elev. D-D, E-E.  Received – 23.03.2020

        Ref: PL-203 – Proposed House Elevations – W&S.  Received – 23.03.2020

        Ref: PL-204 – Proposed House Elevations – E&N.  Received – 23.03.2020

        Ref: PL-206 – Proposed Garage Elevations.  Received – 23.03.2020

        Ref: PL-401 – Proposed Details – D1, D2.  Received – 23.03.2020

        Ref: PL-402 – Proposed Details – D3, D4, D5.  Received – 23.03.2020 

        Ref: PL-403 – Proposed Details – D6.  Received – 23.03.2020

        Ref: PL-404 – Proposed Details – D7, D8.  Received – 23.03.2020

        Ref: PL-405 – Proposed Details – D9, D10.  Received – 23.03.2020

        Ref: PL-406 – Proposed Details – D11, D12.  Received – 23.03.2020

        Ref: PL-901 – Proposed Materials Board.  Received – 23.03.2020

        Ref: 7244/501 Rev A – Drainage Strategy.  Received – 02.06.2020

 

        REASON:For theavoidanceofdoubt and in theinterestsofproper planning.

 

3.     WB1     No development shall continue above slab level 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 application contained insufficient information to enable this matter to be considered prior to granting planning permission and 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.     WC1     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;

•      car park layouts;

•      other vehicle and pedestrian access and circulation areas;

•      all hard and soft surfacing materials;

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and 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.

 

5.     WC2     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.

 

6.     WE 1  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015  (or any Order revoking or re- enacting or amending those Orders with or without modification), no development within Part 1, Classes A-E & G shall take place on the dwellinghouse hereby permitted or within their curtilage.

 

REASON:  In the interests of the design, character and amenity of the rural location; to reduce the potential impact of flooding; and to enable the Local Planning Authority to consider individually whether planning permission should be granted for additions, extensions or enlargements.

 

7.     WE15 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(s) hereby permitted shall not be converted to habitable accommodation.

 

REASON:  In the interests of the design, character and amenity of the rural location and to secure the retention of adequate parking provision, in the interests of highway safety.

 

8.     The living accommodation that is to be provided in Building B (along the western edge of the site) hereby approved, shall be limited to non sleeping accommodation only (i.e. it shall not be used or subdivided for use as a bedroom/s).

 

REASON: To limit the impact of any potential flood risk

 

9.     WH6     The flood risk mitigation measures and drainage strategy detailed in the approved Flood Risk Assessment & Drainage Strategy (Cole Easdon Consultants Ltd, Issue 2, March 2020) shall be carried prior to the first occupation of  the  development  and/or  in  accordance  with  the  approved timetable detailed in the assessment.

 

REASON: In the interests of flood prevention.

 

10.   WH9     No development shall commence on site, including site clearance, until the biodiversity enhancement measures detailed in the approved Phase 1 & 2 Bat Report (Lyndsey Carrington Ecological Services, Updated June 2020) have been outlined on a plan and submitted to and agreed in writing by the Local Planning Authority.  The agreed works shall be implemented in full prior to the dwelling hereby approved being first occupied and maintained/retained  in  situ, in perpetuity.

 

REASON:  To  enhance  biodiversity  and  nature habitats across the site.

 

11.   WH11  No development shall commence on site (including demolition, ground works, vegetation clearance) until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority.  The  CEMP  shall  include,  but  not  necessarily  be  limited  to,  the following:

 

a)     Risk assessment of potentially damaging construction activities b)  Identification of ‘biodiversity protection zones’

c)     Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements)

d)     The location  and  timing  of  sensitive  works to avoid  harm  to  biodiversity features

e)     The times during construction when specialist ecologists need to be present on site to oversee works

f)      Responsible persons and lines of communication

g)     The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person(s)

h)     Use of protective fences, exclusion barriers and warning signs.

i)      Ongoing monitoring, including compliance checks by a competent person(s) during construction and immediately post-completion of construction works.

 

The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details.

 

A  report  prepared  by  a  competent  person(s),  certifying  that  the  required mitigation and/or compensation measures identified in the CEMP have been completed to their satisfaction, shall be submitted to the Local Planning Authority within 3 months of the date of substantial completion of the development or at the end of the next available planting season, whichever is the sooner.

 

REASON: To ensure adequate protection, mitigation and compensation for protected species, priority species and priority habitats.

 

12.   No development shall commence on site, including site clearance or demolition, until a scheme to ensure that the development hereby approved will be phosphate neutral, including calculations of the potential phosphate levels from the site; any mitigation; and a scheme of phosphate reduction measures, has been submitted to and approved in writing by the Local Planning Authority.  The development shall be implemented in accordance with the approved details prior to the first occupation of the dwelling hereby approved and the agreed measures shall be retained and maintained in perpetuity.

 

        REASON: to ensure that the development does not result in any additional phosphate loading in the River Avon Special Area for Conservation in the interests of ecology

 

13.   There shall be no external lighting at the site.

       

        REASON: In the interests of ecology and protected species

 

INFORMATIVES

1)          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.

 

2)     The applicant’s attention is drawn to the advice provided by Wessex Water in their consultation about this application dated 06.05.2020