Agenda item

Partial demolition, rebuild, extensions and internal alterations to the existing house and construction of a detached garage (part retrospective)

Public Participation

A statement in objection to the Application by Bill Symonds was read by Cllr Richard Britton

Matt Holmes (Agent) spoke in Support of the Application

The Senior Planning Officer, Joe Richardson, presented the report on the application, which was for partial demolition, rebuild, extensions and internal alterations to the existing house and construction of a detached garage (part

retrospective).

The Committee noted that due to the Applicant’s relationship to the Leader of the Council, Cllr Richard Clewer, the Council’s Scheme of Delegation required the application to be determined at the relevant area planning committee rather than under delegated powers.

The Officer also summarised the late correspondence which had been uploaded to the planning portal and circulated at the meeting, relating to conditions 1 and 2.

Condition 1 was advised to be disregarded as the proposal was retrospective and works on site had already started. Condition 2 was amended to include a correction to an incorrect plan.

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

•         Principle of development, policy and planning history;

•         Design, scale, heritage/conservation matters and impact to the amenity of the area;

•         Parking/Highways Impact;

•         Ecological Impact and Protection of the River Test SAC

•         Other matters

The application had generated an objection from Whiteparish Parish Council and 10 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 the application was almost identical to what had been approved in 2021, apart from the movement of the garage.

Members of the public as detailed above, then had the opportunity to speak on the application. The key points included a view that the location of the garage represented back-land development on the garden area and a request that a condition be applied to prevent further back-land development, should the applicant be approved.

The Agent noted that planning permission for the property to be extended was already in place and that the current application was for a minor change to the dimensions. The house at the front of the site was in the conservation area, however he proposed area for the garage was not and could be developed under permitted development rights.

Whiteparish Parish Council raised points in objection, noting concern in the works having been carried out beyond the scope of the existing consent. The proposed siting of the garage was felt to be in the wrong place on the site and would, in its current position, result in car lights causing an intrusion on neighbouring properties. It was noted that the permitted development rights could be removed.

The Divisional Member, Cllr Richard Britton who was not on the Committee, spoke in objection to the application, noting that he would have called the application in, even if not done so by the scheme of delegation.

Cllr Britton drew attention to the Conservation Officer’s comments, in recognising the sensitivity of the site.  He felt that the siting of the garage would cause annoyance to the surrounding properties, noting that the original proposal would have been less so. The way in which the site rose slightly, would result in the proposed garage assuming much more prominence than it would have in the previous position.

Cllr Britton noted that the site was originally planned for 2 dwellings, one where the proposed garage was now to be built, hence the concern of a new development on that location. He urged the applicant to revert to the position of the extant permission. 

Cllr Sven Hocking moved the motion of Approval, in line with the Officer recommendation. This was seconded by Cllr Najjar

The Committee discussed the application, the main points included that the application would need to be considered as a whole and could not be broken up.

It was confirmed that the proposed garage area was not in the conservation area and therefore, a structure of this type could benefit from permitted development rights, which would allow for an outbuilding up to 4m in height with a ridge roof, if 2.5m or more from the boundary.

The Committee discussed whether further applications for additional development could be prevented by way of a condition, it was confirmed that such a condition was not possible, and that any future application would be judged on its own merits.

It was confirmed that should the application be approved, a condition could be included which would restrict the driveway surface to specific materials, preventing the use of gravel.

The original mover of the motion agreed to include a condition on the driveway surface. This was also supported by the seconder of the motion.

The Committee then voted on the motion of Approval in line with the Officer recommendation, with the additional condition relating to materials.

It was;

Resolved:

That application PL/2022/07632 The Gables, Dean Lane, Whiteparish, SP5 2RJ, be Approved subject to conditions:

1 The development hereby permitted shall be carried out in accordance with the following approved plans:

Site Location Plan Date Received 03.10.22

DWG No: 154 100 Rev B Proposed Block/Landscape Plan Date Received 23.11.22

DWG No: 154 017 Rev C Proposed Elevations with Ecological Mitigation Date Received 23.11.22 DWG No: 154 102 Rev A Proposed Site Section South Date Received 23.11.22

Proposed Garage Elevations and Floor Plan Date Received 03.10.22

DWG No: 154 016 Rev A Proposed Ground Floor and First Floor Plans Date Received 03.10.22 DWG No: 154 018 Rev A Proposed Roof Plan Date Received 03.10.22

DWG No: 1352/05 Proposed Dormer Detail Date Received 03.10.22

DWG No: 154 317 Rev A Retained Dwellinghouse Elevations Date Received 16.12.22

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

2 The materials to be used in the reconstruction of the dwellinghouse shall be in strict accordance with the details in an email received by the Local Planning Authority dated the 14th December 2022. The materials to be used in the construction of the garage shall be in strict accordance with the details received in an email by the Local Planning Authority dated the dated the 21st November 2022 unless otherwise agreed in writing by the Local Planning Authority.

REASON: To preserve and enhance the appearance of the Conservation Area.

3 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 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.

4 The works associated with the retention of the surviving historic fabric of the dwellinghouse shall be retained in accordance with the approved drawing ref DWG No: 154 317 Rev A Retained Dwellinghouse Elevations and the statement of methodology received by the Local Planning Authority dated the 19th December 2022.

REASON: In order to preserve and enhance the dwellinghouse and the wider Conservation Area.

5 Before the development hereby permitted is first brought into use the dormer window in the southern roofslope as shown in approved drawing DWG No: 154 017 Rev C Proposed Elevations with Ecological Mitigation/Enhancement Proposals (serving the ensuite bathroom) shall be glazed with obscure glass only (to level 5 obscurity) and shall be maintained with obscure glazing in perpetuity.

REASON: In the interests of residential amenity and privacy.

6 Notwithstanding the details showing a gravel driveway on drawing no 154 100, Rev B, Proposed Block/Landscape Plan. The development hereby permitted shall not be first brought into use/occupied until the access/driveway, turning areas and parking spaces for the garage as shown on that plan have been surfaced in a consolidated material (not loose stone or gravel). The access/driveway, turning area and parking spaces shall be maintained as such thereafter.

REASON: In the interests of residential amenity and highway safety.

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

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

8 The development shall be carried out in strict accordance with Section 3.6 of the Bat Survey

Report by Daniel Ahern Ecology Ltd dated March 2022 and DWG No: 154 017 Rev C Proposed Elevations with Ecological Mitigation. The installation of the bat and bee bricks and bird box as showing on the approved drawing shall be supervised by a professional ecologist and these enhancement measures will continue to be available for their target species for the lifetime of the development.

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

Informatives: (5)

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        Breeding birds

The adults, young, eggs and nests of all species of birds are protected by the Wildlife and Countryside Act 1981 (as amended) while they are breeding. Please be advised that works should not take place that will harm nesting birds from March to August inclusive. All British birds, their nests and eggs are protected under Section 1 of the Wildlife and Countryside Act 1981 (as amended) and the Countryside and Rights of Way Act 2000 while birds are nesting, building nests and sitting on eggs. The applicant is advised to check any structure or vegetation capable of supporting breeding birds and delay removing or altering such features until after young birds have fledged. Damage to extensive areas that could contain nests/breeding birds should be undertaken outside the breeding season. This season is usually taken to be the period between 1st March and 31st August but some species are known to breed outside these limits.

3        Artificial lighting

The habitat within the proposed development site and the surrounding area is suitable for roosting, foraging and commuting bats. An increase in artificial lux levels can deter bats which could result in roost abandonment and/or the severance of key foraging areas. This will likely result in a significant negative impact upon the health of bat populations across the region. Artificial light at night also negatively affects humans’ health and has a substantial adverse effect on biodiversity. Therefore, any new external artificial lighting as part of this development should only be for the purposes of security and safe access. Any new lighting should be in accordance with the appropriate

Environmental Zone standards set out by the Institute of Lighting Engineers in their publication GN01:2021, ‘Guidance for the Reduction of Obtrusive Light’ (ILP, 2021), and Guidance note GN08- 18 “Bats and artificial lighting in the UK”, issued by the Bat Conservation Trust and Institution of Lighting Professionals.

4        Bat roosts

There is a low risk that bats may occur at the development site. Many species of bat depend on buildings for roosting, with each having its own preferred type of roost. Most species roost in crevices such as under ridge tiles, behind roofing felt or in cavity walls and are therefore not often seen in the roof space. Bat roosts are protected all times by the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 even when bats are temporarily absent because, being creatures of habit, they usually return to the same roost site every year. Planning permission for development does not provide a defence against prosecution under this legislation or substitute for the need to obtain a bat licence if an offence is likely. If bats or evidence of bats is found during the works, the applicant is advised to stop work and follow advice from an independent ecologist or the applicant is advised to follow the advice of a professional ecologist or to contact Natural England’s Batline through the internet.

5        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.