Agenda item

Construction of two residential dwellings, with associated parking and landscaping, and community orchard

Public Participation

Andy Partridge (Agent) spoke in support of the application

Ed Riley spoke as representative of Odstock Parish Council

 

The Senior Planning Officer, Becky Jones, presented the report, which set out the merits of the planning proposal against the policies of the development plan and other material considerations. The application was for the construction of two residential dwellings, with associated parking and landscaping, and community orchard.

 

The application was recommended for Refusal, for the reasons as stated in the report.

 

The issues of the case were noted as:

• Principle of development, absence of 5 year housing land supply and infill at small villages
• Scale, design, impact on the character of the AONB and neighbouring amenity
• Highway safety
• Biodiversity – Ecology, River Avon catchment and New Forest SPA
• Drainage and flood risk
• CIL
• The Planning Balance

 

In the summary, the officer explained that the River Avon SAC nutrient reason for refusal had been added. This is because if Members decided that the development did not comply with CP2 and is not infill, then it would not fall under the Strategic Mitigation Strategy for planned development.

 

There were no technical questions of the Officer.

 

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

 

Some of the points raised included that the application had the support of the parish council and would deliver a community orchard, which would provide residents with a recreation space.

 

Other points raised the position of the 5 year land supply, the need for smaller more affordable houses and that the development would provide 2 & 3 bed semi-detached properties.

 

The definition of infill was explored in that it could refer to a space in-between the edge of a housing boundary and another dwelling and that a site in the AONB did not automatically rule out development in cases where a 5 year land supply was not met. However, the tilted balance did not automatically apply in the AONB.

 

The economic benefits and the sustainability elements were also noted.

 

The Parish Council representative spoke in support, noting that the site was the best option available n Odstock for affordable housing and that the design was felt to be sympathetic to the existing environments.

 

Division Member Cllr Richard Clewer who was not on the Committee, spoke on the application, noting the housing situation for Odstock and Nuneton, which was currently constrained. He highlighted the support of the parish council, the local community and the desire of the school and the village as a whole to remain sustainable.

 

The Chairman asked for a Committee Member to move a motion for debate.

 

Cllr Najjar moved the motion of Approval against Officer recommendation, for the reasons of the support of the parish council and need of this type of development in the community.

 

This was seconded by Cllr Jeans.

 

The Committee discussed the application, the main points included whether or not the development could be considered infill, based on its position or whether it was more in line with backland development. The Level of support by the community and the parish council were also noted.

 

The obligations which were in place due to the location being in the AONB and suitable conditions to reduce lighting and associated light spill into the AONB were discussed.

 

The Committee asked for clarification from the Officer on whether, if approved, a condition could be applied that controlled any development on the orchard in the future. It was confirmed that part of the conditions could include the  removal of permitted development rights on that section of the site, so that no residential activity was permitted in that area.

 

The Committee discussed whether to consider deferral of the application to allow for a legal order to be applied to the orchard, however after clarification that it could be requested that approval be delegated to the Head of Service pending the legal agreement as part of the decision.

 

The Officer was asked to suggest conditions which would be appropriate for the application. The Committee agreed to the list of conditions which were summarised as:

 

·         3 Year commencement

·         Standard plans list

·         Materials

·         Securing the community orchard

·         Noise barrier

·         Water consumption for River Avon phosphates

·         4 conditions and 1 informative requested by Highways

·         Ecological / swifts and PEA recommendations

·         Remove permitted development rights for the orchard – preventing structures and buildings etc in red line

·         Foul drainage (Package Treatment Plant) and surface water connection before occupation

·         Lighting – within the AONB must meet E0 standards

 

The mover of the motion, Cllr Najjar and the seconder were in support of an amendment to the motion to delegate approval to the Head of Services, pending a legal order being in place, in addition to the conditions as set out by the Officer.

 

After discussion, the Committee voted on the motion of Approval, against Officer recommendation for the reasons stated and with delegation to the Officers for wording of the conditions and subject to a Legal Agreement.

 

Resolved:

 

That application PL/2022/04451 be APPROVED for the following reasons:

 

The application site does not constitute a gap within the existing built area of the small village of Odstock, it doesn’t meet the definition of infill under Core Policy 2 and is in a backland location. However, the development has the support of the local community and there is a local need for housing. The Community Orchard can be secured in perpetuity by legal agreement and in the absence of a 5 year housing land supply, the benefits of this proposal are considered to outweigh the policy harm.

 

Approve subject to the applicant entering into a Section 106 Agreement to secure the provision of the Community Orchard in perpetuity and to ensure that no residential use or development (such as outbuildings and gardens) takes place on the land

And 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:

 

Site Location Plan ref Wilts-AP-247.01 Rev A dated Jan 2022

Proposed Site Plan ref Wilts-AP-247.05 Rev D dated Feb 2022

Plans and Elevations as Proposed ref Wilts-AP-247.04 Rev A dated Jan 2022

Proposed Access Arrangements ref L424/2 dated 6/2/17

Preliminary Ecological Assessment dated May 2022 by David Leach Ecology Ltd

NOISE IMPACT ASSESSMENT Technical Report: R9261 Rev 0 dated 29th October 2021

Proposed Site Layout Plan ref  6261 Figure 2 Rev A dated Oct 2021 in Noise Impact Assessment Report.

 

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 walls and roofs of the development hereby approved shall be in accordance with the details in the schedule on the drawing ref Plans and Elevations as Proposed ref Wilts-AP-247.04 Rev A dated Jan 2022, namely dark red tiles for the roof, dark stained timber boarding on the dormer windows and red brick for the walls.

 

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

 

4. There shall be no occupation of the dwellings hereby approved until a scheme of planting for the Community Orchard shown on plan ref Wilts-AP-247.05 Rev D dated Feb 2022 has been submitted to and agreed in writing by the Local Planning Authority. The scheme shall include the measures set out in Section 5.4.6 of the Preliminary Ecological Assessment dated May 2022 by David Leach Ecology Ltd.

 

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 buildings 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 ten 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.

REASON: To ensure a satisfactory landscaped setting for the development and
the protection of existing important landscape features.

 

5. There shall be no occupation of the dwellings until a noise barrier has been installed in accordance with the Proposed Site Layout Plan ref  6261 Figure 2 Rev A dated Oct 2021 in Noise Impact Assessment Report. The barrier shall meet the technical specifications set out in para 5.4 of the Noise Impact Assessment Technical Report: R9261 Rev 0 dated 29th October 2021. The barrier shall be maintained in situ for the lifetime of the development.

 

Reason: In order to reduce noise levels from vehicle movements in the road, and protect the nearest neighbouring property from undue disturbance.

 

6. The dwellings hereby approved shall not be occupied until the Building Regulations Optional requirement of maximum water use of 110 litres per person per day has been complied with.

REASON: To avoid any adverse effects upon the integrity of the River Avon Special Area of Conservation

 

7. The development hereby permitted shall not be first occupied until the first five metres of the new access, measured from the edge of the carriageway, 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.

 

8. The gradient of the new access shall not at any point be steeper 1 in 15 for a distance of five metres from the edge of the carriageway.

Reason: In the interests of highway safety.

 

9. Notwithstanding the submitted details, the proposed development shall not be occupied until means/works have been implemented to avoid private surface water from entering the highway.

Reason: To ensure that the highway is not inundated with private surface water.

 

10.  No part of the development shall be first occupied until the visibility splays shown on the approved plans have been provided with no obstruction to visibility at or above a height of 1.0m above the nearside carriageway level. The visibility splays shall be maintained free of obstruction at all times thereafter.

Reason: In the interests of highway safety.

 

11.  There shall be no occupation of the dwellings until the ecological mitigation measures set out in Section 5.4 and on the plans in Appendices G and H of the Preliminary Ecological Assessment dated May 2022 by David Leach Ecology Ltd have been implemented and installed on the site and buildings. The enhancement measures shall be maintained and available for use for the lifetime of the development. 

 

Reason: To enhance the biodiversity on site and ensure that there is a net biodiversity gain and no net biodiversity loss in the long term

 

12.  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), no garages, sheds, greenhouses and other ancillary domestic or other outbuildings or structures shall be erected anywhere within the area shown as a Community Orchard on plan ref Proposed Site Plan ref Wilts-AP-247.05 Rev D dated Feb 2022.

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

 

13.  There shall be no occupation of the dwellings until provision and connections have been made for foul and surface water drainage.

Reason: To ensure that the dwellings can be satisfactorily drained.

 

14.  Any new external light fixture within the site shall be installed in accordance with the appropriate Environmental Zone standards (E0 for the AONB) set out by the Institute of Lighting Engineers in their publication “Guidance Notes for the Reduction of Obtrusive Light” (ILE, 2005)” and shall be maintained thereafter.

 

REASON: In the interests of the amenities of the AONB and its setting, to minimise unnecessary light spillage above and outside the development site and to avoid excessive illumination of habitat used by bats.

 

Informative

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 the local 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 Council’s Vehicle Crossing Team on vehicleaccess@wiltshire.gov.uk and/or 01225 713352.