Agenda item

Erection of 3 detached dwellings, garages, parking and access following demolition of 3 existing buildings (Outline application relating to access and layout)

Public Participation

Mike Jones spoke in Objection to the Application

The statement of Winterslow Parish Council was read by Cllr Rich Rogers

 

The Senior Planning Officer, Lynda King, presented the report on the application, which was for the erection of 3 detached dwellings, garages, parking and access following demolition of 3 existing buildings (Outline application relating to access and layout).

 

The main issues which were considered to be material to the determination of this application of the case were noted as:

 

• Principle and planning history
• Neighbouring amenities
• Highway safety
• Ecology
• CIL/S106

 

The application had generated an objection from Winterslow Parish Council and 25 letters of objection from third parties.

 

The application was recommended for Approval with conditions.

 

Members then had the opportunity to ask technical question of the Officer.

It was noted that a 2019 application was refused on access into the site and drainage reasons, not on the layout or the number of dwellings. That application was dismissed at appeal due to a nitrate issue. The layout was found to be satisfactory by the Inspector.

 

The current application had overcome the nitrate issue as the applicant had reached an agreement with Wiltshire Council on purchasing credits to mitigate the nitrates.

 

The Officer noted that the absence of a response from the Drainage Officer, likely indicated that they were content.

 

As this was an outline application, the Officer could not confirm whether the properties would be 2 or 3 storey, however it was stated that it was expected that they would be standard 2 storey dwellings.

 

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

the application. Some of the main points included the impact on Witt Road, the conditions of the surrounding area at the time of the Inspectors visit, which had taken place during an afternoon in winter, when the full experience of the walkers, horses, families and children etc that used the road was not present. The rise in the number of deliveries since the pandemic, resulting in more vehicular movements. The design of the proposal, being out of character.

 

The Parish Council statement noted that the layout on the site was not in keeping with nature of the area and adjacent properties and considered the proposal an over-development of the site. They noted concerns relating to overlooking on neighbouring properties and felt that the narrow nature of Witt Road and its use by walkers and horse riders to and from Bentley Wood, given that there was no footpath raised safety concerns.

 

The Divisional Member, Cllr Rich Rogers who was on the Committee spoke in Objection to the application, noting the narrow nature of Witt Road and its rural setting.

 

He felt that the proposal for 3 family homes was already provided for within the village. The limited detail in the outline application was noted, in particular as it was not known whether the dwellings would be 2 or 3 storey he stated there was insufficient evidence to make an informed decision.

 

In addition, he raised concerns relating to property density, Highway safety and a detrimental impact on neighbouring amenity, noting that the Inspector had not seen a typical view of Witt Road at the time of his visit. 

 

Cllr Rogers moved the motion of Refusal, against Officer recommendation, stating the following reasons:

 

·       That the development was contrary to the Wiltshire Council spatial strategy as set out in CP23 which states a need for a balanced growth of housing and employment to deliver sustainable communities.

 

·       That the development was contrary to strategic objective 3 which sets out an explicit need for affordable housing.

 

·       That the development would have a detrimental impact on the amenity of neighbouring properties.

 

·       That the development would have a detrimental impact on the character of the surrounding area and wider landscape contrary to CP57.

 

·       That flood risks associated with the development had not been adequately mitigated, contrary to CP67.

 

·       That highway safety for pedestrians, and other road users would be compromised and place increased reliance on car use contrary to sections 104, 105, 110 and 111 of the NPPF and CP61.

 

This was seconded by Cllr Ian McLennan.

 

The Officer clarified that the Inspector had ruled on highway safety and amenity as part of the previous application, which was identical, with the nitrate issue being the only reason given for previously dismissal.

 

The Committee discussed the application, the main points included the reason for previous refusal and the nitrate matter which it was reported had since been mitigated.

Members discussed the location of the site in relation to the settlement boundary and the Winterslow Neighbourhood Plan, the location of the development site on Witt Road, the existing dwellings and the proposed layby which it was felt would offer an area to safely stand aside for any pedestrian road users whilst vehicles passed.

 

The Division Member Cllr Rogers concluded that the timing of the Inspectors visit had had an impact on the outcome and that a better way to gain a fuller picture of the conditions would have be to visit over a period of time. 

 

At the conclusion of debate, the Committee voted on the motion of refusal against Officer recommendation, for the reasons list above.

 

That motion failed.

 

Councillor Sven Hocking then moved a motion of Approval with conditions, in line with the Officer recommendation. This was seconded by Cllr Bridget Cllr Wayman.

 

Ian McLennan noted his dissent with the situation, as he felt the Committee was tied to voting in support of the application due to the previous Appeal decision.

 

 

It was,

 

Resolved:

 

That application PL/2022/07116 Land to the south of 1 Witt Road, Winterslow, be APPROVED subject to the prior completion of the S106 Agreement and the following conditions:

 

1. The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

REASON: To comply with the provisions of Section 92 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:

Location Plan – Drawing no Wilts/11/2022.11.15/LP, received on 16th November
2022
Site Plan – Drawing no. Wilts11/07.08.19/Rev G, received on 22nd September 2022

 

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

 

3. No development shall commence on site until details of the following matters (in respect of which approval is expressly reserved) have been submitted to, and approved in writing by, the Local Planning Authority:
(a) The scale of the development;
(c) The external appearance of the development;
(d) The landscaping of the site;
The development shall be carried out in accordance with the approved details.

REASON: The application was made for outline planning permission and is
granted to comply with the provisions of Section 92 of the Town and Country
Planning Act 1990 and Article 5 (1) of the Town and Country Planning
(Development Management Procedure) (England) Order 2015.

4. An application for the approval of all of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

REASON: To comply with the provisions of Section 92 of the Town and
Country Planning Act 1990.

5. The development hereby permitted shall not be first occupied until the first five metres of the 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.

6. Full details of the layby area to the site frontage with Witt Road, as shown on plan reference Wilts11/07.08.19/Rev G, shall be submitted to and approved in writing by the Local Planning Authority. The layby shall be completed as per the agreed details prior to the occupation of any of the dwellings hereby approved.

REASON: In the interests of highway safety.

7. No part of the development hereby permitted shall be occupied until the access, turning area and parking spaces have been completed in accordance with the details shown on the approved plans. The areas shall be maintained for those purposes at all times thereafter.

REASON: In the interests of highway safety.

8. No development shall commence on site (including any works of demolition), until a Construction 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;
e) wheel washing facilities;
f) measures to control the emission of dust and dirt during construction;
g) a scheme for recycling/disposing of waste resulting from demolition and
construction works; and
h) measures for the protection of the natural environment.
i) 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.

9. No dwelling hereby permitted shall be occupied until foul and surface water drainage works shall have been implemented in accordance with details that shall first have been submitted to and approved in writing by the Local Planning Authority.

REASON: in the interests of ensuring that the site is adequately drained.

10. The mitigation measures under Section 7.0 detailed in the approved Ecological Assessment dated August 2022, prepared by Lindsay Carrington Ecological Services shall be carried out in full prior to the first bringing into use/ occupation of the development and/or in accordance with the approved timetable detailed in the Ecological Assessment.

REASON: To mitigate against the loss of existing biodiversity and nature
habitats.

11. No materials shall be burnt on the development site during the
demolition/construction phase of the development.

REASON: In the interests of residential amenity.

12. No construction or demolition work shall take place on Sundays or Public
Holidays or outside the hours of 07:30 to 18:00 Monday to Friday and 08:00 to
13:00 on Saturdays.

REASON: In the interests of residential amenity.

INFORMATIVES

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/communityinfrastr
ucturelevy.

2) The grant of the planning permission should be read in conjunction with the S106 legal agreement dated XXX entered into by XXX