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APPLICATION NUMBER: PL/2022/02766 - Land to the rear of Caynton Lawns, Alderbury

New dwelling with associated drive, carport/garage and garden amenity space (as approved under planning ref 20/07065/FUL with revised access position) – resubmission of PL/2022/02035

Minutes:

Public Participation

Nick Whines spoke in objection to the application

Ken Carley spoke in objection to the application

Patricia Dashwood spoke in objection to the application

Simon Longhorn (Agent) spoke in support of the application

Elaine Hartford spoke in representation of Alderbury PC to object to the application

 

The Committee had attended a site visit earlier in the day.

 

The Planning Officer, Joe Richardson, summarised the late correspondence which had been circulated at the meeting, relating to a late submission of a third party, which was included in full as part of the hardcopies circulated at the meeting. This related to a complaint to the Ombudsman, regarding the handling of a previous application for the same site and continued concerns regarding the site and the current application.

 

The Planning Officer, then presented the report, which set out the merits of the proposal against the policies of the development plan and other material considerations. The application was recommended for approval.

 

The application was for a new dwelling with associated drive, carport/garage and garden amenity space (as approved under planning ref 20/07065/FUL
with revised access position) – resubmission of PL/2022/02035.

 

It was noted that a previously approved application had not been implemented due to land ownership matters and that a ransom strip was in the ownership of someone else. In addition, the red line around the site had been amended as detailed on page 79 of the report.

 

The issues in the case were noted as:

 

·       Principle of development, policy and planning history;

·       Design, scale and impact to the amenity of the area;

·       Parking/Highways Impact;

·       Ecological Impact/River Avon Catchment Area;

·       Flood Risk;

·       Other matters

 

It was noted that there was no change to the layout or garage of the existing scheme.

 

Highways had no objection to the proposal subject to conditions.

 

Members then had the opportunity to ask technical question of the Officer. There were none.

 

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

 

Some of the points raised, included a failure to provide an on-site turning provision and adequate parking for deliveries and the safety of the spur road.

 

The practicality of the proposed turning space and the possibility of destruction to the hedge and a change in character of the lane, with the secluded nature addition to possible accidents for users.

 

CP57 was raised, in regard to the protection of neighbouring amenity, convoluted vehicle manoeuvres and limitations for cyclist/pedestrian users to pass vehicles using the spur.

 

The site was in a remote conservation area where there would also be a negative impact on wildlife.

 

Damage caused by construction traffic to the track and any impacts on  drainage, due to heavy rain causing flooding.

 

No option to widen the lane due to the large bank and trees either side and little space to leave refuse bins for collection.

 

A site visit and a feasibility study had been carried out, with the site being assessed as feasible.

 

The reports which were suggested as part of the pre-application had been carried out. Ecology had also reported there were no issues subject to conditions and the reports stated that the flood risk was low.

 

The application was thought to be an improvement on the original application which had already gained previous permission.

 

The Parish Council representative raised several points in objection, including the narrow width of the access track not suitable for emergency, refuse or other service vehicles, and that it was not possible to be widened.

 

Extra traffic which would be generated by the proposed dwelling would greatly increase vehicle movements along the track.

 

Inadequate visibility for road users approaching and egressing the site, with an increased safety risk.

 

The cutting through of a bank and the removal of mature hedgerow would have a harmful impact upon the landscape character of the rural location and involve the loss of valuable natural habitat.

 

Whether the proposed access could be achieved without third party consent.

 

The amendments did not resolve the substantive objections relating to the road width.

 

Division Member, Cllr Richard Britton, who was not on the Committee, noted that the spur at end of Oak Drive was in private ownership, suggesting that this should be a material consideration.

 

He went on to note the damage which would be caused by construction traffic on the unmade track.

 

Highways objections had been met by conditions; however they could not be delivered due to the issues associated with third party land ownership.

 

After clarification confirming that the application could not be refused on land ownership matters, Cllr Hocking moved the motion of Refusal, against Officer recommendation, on the grounds of access.

 

This was seconded by Cllr McLennan.

 

The Committee then discussed the application. Some of the points raised included the width of the lane, in comparison with others across the area. Whether the hedgerow was protected. The inclusion of the site in the settlement boundary, making it acceptable for development, subject to design.

 

The development was included within the scope of the Petersfinger Water Treatment Plant which provides mitigation from being restricted by phosphate restrictions.

 

Whether there was scope for a condition to request remedial action post works to repair/make good the track to previous conditions. It was noted that construction vehicles were not a planning matter, however a Construction Management Statement had been requested.

 

Whether the access could be provided through the applicant’s other property as opposed to the lane.

 

The difference in access between this and the previous application, in that there had been a change to the access and movement of the red line by approximately 11m.

 

There were existing properties further along the track which would face the same issues yet had been approved planning at some point in history.

 

After discussion, the Committee voted on the motion of refusal. The motion failed.

 

Councillor Najjar then moved the motion of approval, in line with Officer recommendation. This was seconded by Cllr Rogers.

 

The Committee then voted on the motion of approval as set out in the Officers report. It was,

 

Resolved:

 

That Application PL/2022/02766 - Land to the rear of Caynton Lawns, Alderbury be Approved 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:

 

DWG No: 9466.121 Rev P2 Site Location Plan, Proposed Block Plan, Elevations,

Floor and Roof Plans Date Received 30.06.22

DWG No: 9466.130 Rev P5 Proposed Site Plan and Site Sections Date Received 05.08.22

DWG No: 2007044-TK05 Rev B Swept Path Analysis 7.5t Panel Van Plan Date Received 29.07.22

DWG No: 2007044-TK03 Swept Path Analysis 7.5t Panel Van Plan Date Received 24.05.22

DWG No: 9466.132 Rev P2 Proposed Garage Floor Plans and Elevations Date Received 01.04.22

DWG No: 20133-2 Tree Protection Plan Date Received 01.04.22

 

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

 

3.No development shall commence above DPC ground floor level of the development hereby permitted until details and sample panels of the external brickwork including the chimney and roof tile, timber cladding, doors, windows, rooflights and roof lantern to be used in the construction of the dwellinghouse and details of the external brickwork, timber cladding, oak posts and roof tiles for the detached garage have been submitted to and approved in writing by the Local Planning Authority.

Development shall be carried out in accordance with the approved detail.

 

REASON: To preserve and enhance the appearance of the countryside.

 

4.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 extensions, alterations or further window openings inserted to the roofslopes or first floor elevations to the approved dwelling other than as approved as part of a formal planning application by the Local Planning Authority.

 

REASON: In the interests of the amenity of the area.

 

5.No part of the development hereby permitted shall be first occupied until the access, turning areas and parking spaces have been completed in accordance with the details shown on the approved plans. The areas shall always be maintained for those purposes thereafter and maintained free from the storage of materials.

 

REASON: In the interests of highway safety.

 

6.No development shall commence on site, until a Construction Management Statement, together with a site plan, that shall include details of the parking of vehicles of site operatives and visitors; Loading and unloading of plant and materials; Storage of plant and materials used in constructing the development; Wheel washing facilities; Measures to control the emission of dust and dirt during construction; Measures for

the protection of the natural environment and; Hours of construction, including deliveries; has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The development shall not be carried out otherwise than in accordance with the approved construction method statement without the prior written permission of the Local Planning Authority.

 

REASON: 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.Prior to the commencement of construction of the development hereby permitted, details of the existing and proposed new lighting to include a site plan shall be submitted to and approved in writing by the Local Planning Authority. The submitted details must demonstrate a level of 0.5Lux can be achieved at the boundaries of the site. The approved lighting shall be installed and maintained in accordance with the

approved details.

 

REASON: In order to minimise unnecessary light spillage above and outside the development site and to avoid illumination of habitat used by bats.

 

8.No development shall commence on site to include the removal of trees, shrubs or hedgerow until full details of a Wildlife Protection and Enhancement Scheme has been submitted to and approved in writing by the Local Planning Authority. The details of the scheme shall include:

(i)              Details of proposed measures that will be taken to avoid harm to wildlife, including timing of works to avoid nesting birds and pre-commencement checks for protected species including reptiles and amphibians.

(ii)            (ii) Biodiversity net gain provision to include a plan showing the location(s) and type(s) of feature(s) to enhance the site for wildlife such as bats, nesting birds and hedgehogs.

REASON: For the avoidance of doubt and for the protection, mitigation and enhancement of biodiversity.

 

9.The development hereby permitted shall be designed to ensure it does not exceed 110 litres per person per day water consumption levels (which includes external water usage). Within three months of the development first being brought into use, a post construction stage certificate certifying that this standard has been approved shall be submitted to the Local Planning Authority for its written approval.

 

REASON: To ensure the development is nutrient neutral.

 

10.The development shall be carried out in strict accordance with Section 7 of the Preliminary Ecological Appraisal by Abbas Ecology dated August 2020, the Arbroicultural Appraisal and Method Statement by Barrell Tree Consultancy dated the 4th March 2022 and the Tree Protection Plan (Barrell Plan Ref: 20133-2) by Barrell Tree Consultancy.

 

REASON: To protect the trees on sire in the interests of visual amenity of the area and for the protection, mitigation and enhancement of biodiversity.

 

11.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:

 

(i) location and current canopy spread of all existing trees and hedgerows on the land;

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

(iii) a detailed planting specification showing all plant species to include species, size and density;

(iv) means of enclosure;

(v) all hard and soft surfacing materials to include details of refuse bin storage

 

REASON: 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.

 

12.All soft landscaping comprised in the approved details of the landscaping scheme shall be carried out in the first planting and seeding season following the first occupation of the dwelling or the completion of the development whichever is the sooner; All shrubs, trees and any other 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.

 

INFORMATIVE TO APPLICANT(S):

 

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 should note that under the terms of the Wildlife and Countryside Act (1981) and the Habitats Regulations (2010) it is an offence to disturb or harm any protected species, or to damage or disturb their habitat or resting place. Please note that this consent does not override the statutory protection afforded to any such species. In the event that your proposals could potentially affect a protected species you should seek the advice of a suitably qualified and experienced ecologist and consider the need for a licence from Natural England prior to commencing works. Please see Natural England’s website for further information on protected species.

 

3. 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.

Supporting documents: