Agenda item

Detached dwelling (Resubmission of PL/2021/05314).

Public Participation:

·       Phil Jenkins - agent spoke in support of the application

Meredith Baker, Senior Conservation/Planning Officer presented the report which recommended that the planning permission be refused, for reasons detailed in the report, for a detached dwelling (resubmission of PL/2021/05314).

The officer stated that the proposed development is considered to give rise to unacceptable impacts upon the character of the area as a result of the overdevelopment of the site in a plot which is out of keeping with the pattern of development. The proposal would also result in inadequate amenity space for the future occupants of the three bedroomed dwelling and would adversely impact on neighbours’ amenities in terms of overlooking from the first-floor bedroom window. There are no benefits that would outweigh the harm generated.

The officer advised that the site is located within the settlement of Devizes and comprises the land that was previously part of the residential curtilage of 15 Longcroft Crescent. As confirmed in the Planning Statement the land is now no longer part of the residential land known as 15 Longcroft Crescent and is known as 17 Pines Road. The site is situated to the south of the highway of Pines Road in a residential estate. To the immediate east are two storey semi-detached pairs and to the west and south are single storey bungalows.

The report detailed the responses to the consultation and representations received. It was noted that Devizes Town Council raised no objection to the application and Wiltshire Council highways raised issues about the visibility splays, resurfacing parking areas and informative note about vehicle crossover permission. A summary of the 2 third party letters of representation, raising objections, were detailed in the report.

In response to technical questions asked by the Committee the officer confirmed that the principle of development is acceptable, however, the proposal for a 2 storey dwelling is considered overdevelopment, the lack of amenity space is considered unacceptable for the future needs of the occupants contrary to Core Policy 57, and the Committee need to consider the application before them, any material changes, such as the relocation of the window to the third bedroom to remove the issue of overlooking, would require the Committee to defer the application.  

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

The unitary division member, Cllr Kelvin Nash spoke in support of the application. Cllr Nash indicated that the area was well known to him. He disagreed with the report describing the dwelling as out of keeping with the Streetscene. He explained that the materials are a very good match to others in the immediate vicinity, the amenity space was similar to some other dwellings in the area, overlooking of neighbouring properties was not too much of an issue, and over shadowing in the garden next door had minimal impact and was acceptable. He referred to the representations received and felt that the proposal was well designed. He urged the Committee to support the application.

So that the Committee had something to debate the Chairman proposed a motion to refuse the application, with reasons detailed at pages 65-66 of the agenda, as per the officer recommendations.

A debate followed where Members expressed support for the application in its current form. Comments were made about the amenity space indicating that this was a matter of personal choice, issues concerning overlooking were minimal and the proposed development on the site was acceptable.  

The vote for refusing the application was lost with no members in favour of the motion and five against. Therefore, a further motion was proposed to grant the application on the grounds detailed below. This vote for granting the application was won 5 in favour of the motion and none against.

At the conclusion of the debate, it was

Resolved:

That planning permission is granted 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 permitted shall be carried out in accordance with the following approved plans and documents:

Application Form

Location Plan - Drawing No. 00381/001

Proposed Site Plan - Drawing No. 00381/003

Proposed Ground Floor Layout - Drawing No. 00381/004

Proposed First Floor Layout - Drawing No. 00381/005

Proposed Roof Layout - Drawing No. 00381/006

Proposed Elevations - Drawing No. 00381/007

Proposed Street Scene - Drawing No. 00381/008

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

3.     The development hereby permitted shall not be first occupied until splays have been provided on both sides of the access to the rear of the existing footway based on co-ordinates of 2.4m x 2.4m. The splays shall always be kept free of obstruction above a height of 600mm.

REASON: In the interests of highway safety.

4.     The development hereby permitted shall not be first occupied until the parking area, has been consolidated and surfaced (not loose stone or gravel). The access shall be maintained as such thereafter. Notwithstanding the submitted details, the proposed development shall not be occupied until means/works have been implemented to avoid private water from entering the highway.

REASON: In the interests of highway safety and to ensure that the highway is not inundated with private water.

5.     Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.3) (England) Order 2020 (or any Order revoking or re-enacting or amending those Orders with or without modification), no development within Part 1, Classes A, B and E shall take place on the dwellinghouse hereby permitted or within their curtilage.

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.

Informatives:

6.     The application involves an extension to the existing/creation of a new vehicle access/dropped kerb. The consent hereby granted shall not be construed as authority to carry out works on the highway. The applicant is advised that a licence will 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 our Vehicle Crossing Team on vehicleaccess@wiltshire.gov.uk and/or 01225 713352 or visit their website at http://wiltshire.gov.uk/highways-streets to make an application.

(Note: Cllr Sam Pearce-Kearney arrived after the Committee had started to consider this application. Cllr Pearce-Kearney did not take part in the consideration or voting on this item.)