Agenda item

Proposed new driveway entrance to replace existing, with  alterations to the existing driveway layout.

Public Participation

James Rainbow spoke in support of the application.

Councillor Richard Campbell spoke on behalf of Box Parish Council.

Development Management Team Leader, Simon Smith presented a report which outlined the proposed new driveway entrance to replace existing, with alterations to the existing driveway layout.

Details were provided of the site and issues raised by the proposals, including the principle of the application; green belt; design, scale and materials; impact upon nearby Heritage Assets; Impact on Residential Amenity; Landscape Considerations; Highway Safety.

Members of the Committee had the opportunity to ask technical questions regarding the application.Details were sought on the difference in height between the property driveway and of Quarry Hill with it clarified that the property hedgerow would have to be a maximum of 900mm to ensure visibility.Additionally, it was clarified by the officer that the layout of the driveway was not part of the application and that the applicant could shut off the current existing access if they chose to with no planning permission needed and that a condition could be added to keep it closed.

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

Councillor Gavin Grant then spoke on behalf of the Local Unitary Member,  Councillor Dr Brian Mathew regarding the application. Councillor Grant passed on the gratitude of Councillor Dr Mathew to the Parish Councillors, Chair Sheila Parker and Councillor Richard Campbell. The statement provided expressed concerns of safety from a Highways perspective, with it noted that speed is gained travelling down Quarry Hill and that if permitted the new entrance could lead to an accident due to added complication for road users. The statement noted that the integrity of Bargates should be preserved and suggested that the application should be turned down as the proposals could potentially conflict with Core Strategy Objective 6 which looks to improve safety of all road users and reduce the number of casualties.

At the start of the debate a motion to refuse the officer’s recommendation was moved by Councillor Steve Bucknell and seconded by Councillor Gavin Grant, with reasons for refusal cited as road safety and that the proposals would lead to an unacceptable change of appearance in Quarry Hill. However when later voted upon the motion fell due to the number of votes against.

Consequently, a motion to accept the officer’s recommendation was moved by Councillor Tony Trotman and seconded by Councillor Nic Puntis, with an additional condition that the existing vehicular access to Bargates should be closed and permanently stopped up prior to the first use of the new access to Quarry Hill. Additionally, that the existing vehicular access onto Bargates should not be reopened unless otherwise agreed in the form of a separate planning permission in that regard.

During the debate the issues included the potential need for a condition to be added to the officer’s recommendation to close the previous exit if the new proposal was to be accepted. The potential danger of exiting the existing access was referenced, with it stated that the proposed new access could provide greater safety, with the access also being connected to a road with a 30mph speed limit. It was posed that the visibility splay would be reliant upon the upkeep of the hedgerow and how this could potentially impact on the aesthetic of Quarry Hill. Additionally, it was posed whether the proposal would lead to Quarry Hill being regularly blocked by deliveries or refuse removal for the property.

Further issues that were debated were that the hedgerow would not be completely removed in order to allow for a visibility splay of 70 metres, but would rather be kept to a maximum height of 900mm. It was also acknowledged that there could be the potential to impose a condition to plant more hedging at the rear of the visibility splay. Reference was drawn to the Highways contribution of the report, with it noted that no concerns had been raised regarding visibility and that the applicant could potentially seek to place a mirror on the wall opposite to the access in order to give further visibility of oncoming traffic. Core Policy 57 (ii) was cited, with it suggested that the proposal would conflict this policy due to the cutting of the hedgerow, which would go against the retention and enhancement of landscaping and natural features.

Regarding the access points, it was queried whether it would be possible to keep both access points in order to allow for a one-way entrance and exit system; this was however not part of the proposal, with it also noted that previously Highways had not been in favour of such arrangements. It was also stated that a Topographic survey would potentially have been useful in allowing the Committee to know what the height difference between Quarry Hill and the driveway was.

At the conclusion of the debate, it was, 

Resolved:

To approve in accord with officer recommendation subject to the following additional condition and associated informative reflecting debate:

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:

Design and Access Statement Dated 8th December 2020

Existing Site Plan 20BAR/11

Location Plan 20BAR/00

Proposed Site Plan 20BAR/12

Proposed Site Plan 1:500 20BAR/13

Received – 10.12.2020

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

3 The materials to be used in the construction of the external surfaces of the development hereby permitted shall match in material, colour and texture those detailed on the application form and approved drawings.

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

4 No development shall commence on site until visibility splays have been provided between the edge of the carriageway and a line extending from a point 2.4 metres back from the edge of the carriageway, measured along the centre line of the access, to the points on the edge of the carriageway 43 metres either side of the access from the centre of the access in accordance with the approved plans. Such splays shall thereafter be permanently maintained free from obstruction to vision above a height of 900mm above the level of the adjacent carriageway.

REASON: In the interests of highway safety.

5The development hereby permitted shall not be first brought into use/occupied until the first 5m of the access, measured from the edge of the carriageway and/or whole of the parking area, 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

6 In accordance with the approved plans, the existing vehicular access to Bargates shall be closed and permanently stopped up prior to the first use of the new access to Quarry Hill, hereby granted planning permission. The existing vehicular access onto Bargates shall not be reopened unless otherwise agreed in the form of a separate planning permission in that regard.

REASON: In the interests of highway safety and for the avoidance of doubt.

INFORMATIVES TO APPLICANT:

In respect of condition 06, the applicant should be aware that during their consideration of the application, the Northern Area Planning Committee were of the opinion that the retention of a pedestrian access onto Bargates would be welcomed. Please note that no planning permission is required from the Local Planning Authority to create a new pedestrian access onto the public footway.

The proposal includes alteration to the public highway, 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.

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.

Any alterations to the approved plans, brought about by compliance with Building Regulations or any other reason must first be agreed in writing with the Local Planning Authority before commencement of work.

The applicant is requested to note that this permission does not affect any private property rights and therefore does not authorise the carrying out of any work on land outside their control. If such works are required it will be necessary for the applicant to obtain the landowners consent before such works commence.

If you intend carrying out works in the vicinity of the site boundary, you are also advised that it may be expedient to seek your own advice with regard to the requirements of the Party Wall Act 1996.

Please note that Council offices do not have the facility to receive material samples. Please deliver material samples to site and inform the Planning Officer where they are to be found.

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.