Agenda item

Proposed new dwelling and associated works.

Public Participation

John Cull spoke in objection to the application.

Charlotte Watkins spoke in support of the application.

Tom Newman spoke in support of the application.

Cllr Stuart Suter spoke on behalf of Lea and Cleverton Parish Council.

Development Management Team Leader, Lee Burman presented a report which responded to the Committee’s previous deferral and information sought.

Details were provided that the application had been reported to the 3rd of August 2022 committee meeting following call in by Councillor Elizabeth Threlfall to consider the proposal’s visual impact upon the surrounding area & environmental/highway impacts in particular drainage. Following the conclusion of the discussion by members at the committee meeting, the application had been deferred to enable the applicant to provide additional information in respect of drainage matters.

Development Management Team Leader, Lee Burman drew attention to the report, which covered the technical competencies of the Flood Risk Assessment (FRA) report authors, apparent discrepancy between the site survey and FRA report topographical survey, proposed finished floor levels and overall height of the dwelling as well as consultation with Wessex Water in respect of the drainage strategy including presentation and consideration by them of representations and flooding evidence by interested parties and Parish Council comments.

Members of the Committee had the opportunity to ask technical questions regarding the application. Details were clarified on, but not limited to that permitted development rights had been removed and that a condition had been placed in regard to hard and soft landscaping. It was also clarified that within the previous report the Environment Agency had been consulted and no objections had been raised.

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

The Local Unitary Member, Councillor Elizabeth Threlfall then spoke regarding the application. Cllr Threlfall raised the following points including that the main issue for consideration had been drainage and that the Committee had been right to previously defer deciding as Wessex Water had since suggested additional conditions which the application had agreed with. Cllr Threlfall recognised the problem faced by the Committee, that experts from statutory consultees had provided an analysis however this was contrast to views of other experts who were non-statutory consultees. Reference was drawn to how the pluvial flooding from the fields combines with the sewage from Lea north sewage station however it would not be the place of the Committee to improve a pre-existing problem. In addition, Cllr Threlfall stated that she saw both the concern of residents in relation to flooding but also the benefit to the applicant who could provide a home for a family.

At the start of the debate a motion to accept the officer’s recommendation was moved by Councillor Peter Hutton and seconded by Councillor Tony Trotman.  

During the debate, issues were raised, but not limited to that the Committee now had the answers which it requested at the previous meeting and that it would not be recommended to go against Wessex Water as they are experts. It was stressed that Wessex Water should have a duty to ensure that no children in the adjacent school are exposed to raw sewage caused by overflows. In addition, reference was drawn to previous planning appeals where though there was anecdotal evidence, the appeals were lost as the inspector found that the professionals stated flood risk issues could be mitigated. It was further suggested that there should be a level of liability attached to the statements provided by Wessex Water should they be incorrect and that it would be positive within planning applications to show potential concerns of flooding so that those applying would have full awareness.

Further issues that were debated included that it was suggested that the application could be in conflict with Wiltshire Core Strategy Core Policy 2.(ii) due to being in breach of elongating the village of Lea if the housing development was considered to stop short of the plot of land with reference drawn to the adjacent school being on the boundary of the village.

At the conclusion of the debate, it was, 

Resolved by Chairman’s Casting Vote:

That Planning Permission be APPROVED with 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: dwg no.969:001 (location plan), dwg no.969:P:02 & dwg no.969:P:03 (proposed ground/first floor plan), dwg no.969:P:04 (proposed elevations) [Received bythe LPA on the 16th of November 2021] & dwg no.969-P-05A (proposed street elevation) & dwg no.969:P:01A (proposed site plan) [Received by the LPA on the 8th of August 2022].

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

3. No development above ground floor slab level shall commence on site until details and samples of the materials to be used for the external walls and roofs of the new dwellings 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. 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:-

·       all hard and soft surfacing materials;

·       location and current canopy spread of all existing trees and hedgerows on the land;

·       full details of any to be retained, together with measures for their protection in the course of development;

·       a detailed planting specification showing all plant species, supply and planting sizes and planting densities;

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. 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. No development shall commence on site (including any works of demolition), until aConstruction Method Statement, which shall include the following:

a) the parking of vehicles of site operatives and visitors;
b) loading and unloading of plant and materials;
c) storage of plant and materials used in constructing the development;
d) wheel washing facilities;
e) measures to control the emission of dust and dirt during construction;
f) measures for the protection of the natural environment; and
g) hours of construction, including deliveries;
has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be complied with in full throughout the construction period. The development shall not be carried out otherwise than in accordance with the approved construction method statement.

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 minimise detrimental effects to the neighbouring amenities, the amenities of the area in general, detriment to the natural environment through the risks of pollution and dangers to highway safety, during the construction phase.

7. The development hereby permitted shall not be occupied or first brought intouse until the area between the nearside carriageway edge and a line drawn 2m parallel thereto over the entire site frontage has been cleared of any obstruction to visibility at and above a height of 900mm above the nearside carriageway level. That area shall always be maintained free of obstruction thereafter.

REASON: In the interests of highway safety.

8. No development shall commence on site until full details of the scheme for the discharge of foul water from the site, including the finished floor levels, foul manhole cover levels and invert levels set at a level to avoid the risk of foul sewer flooding and mitigate restricted toilet use in accordance with the approved drainage strategy (CTP- 21-0414 C001 REV D) and FRA (CTP-21-0414-FRA REV 05), has been submitted to and approved in writing by the Local Planning Authority. The development shall not be first occupied until foul water drainage has been constructed in accordance with the approved scheme.

REASON: To ensure the risk of foul sewer flooding has been mitigated and that the development can be adequately drained.

9. 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 to, or extensions or enlargements of any building forming part of the development hereby permitted.

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.

10. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting oramending that Order with or without modification), no garages, sheds, greenhouses and other ancillary domestic outbuildings shall be erected anywhere on the site on the approved plans.

REASON: To safeguard the character and appearance of the area.

11. INFORMATIVE TO APPLICANT:

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.

12. INFORMATIVE TO APPLICANT:

The applicant should note that the grant of planning permission does not include any separate permission which may be needed to erect a structure in the vicinity of a public sewer. Such permission should be sought direct from Thames Water Utilities Ltd / Wessex Water Services Ltd. Buildings are not normally allowed within 3.0 metres of a Public Sewer although this may vary depending on the size, depth, strategic importance, available access and the ground conditions appertaining to the sewer in question.

13. INFORMATIVE TO APPLICANT:

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.

14. INFORMATIVE TO APPLICANT:

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.

15. INFORMATIVE TO APPLICANT:

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 https://www.wiltshire.gov.uk/dmcommunityinfrastructurelevy.

The meeting was adjourned at 3:19pm and continued at 3:28pm.