Agenda item

Erection of a dwelling house, associated access, hard and soft landscaping and associated works (Resubmission of 21/00943/FUL)

Public Participation

Mr Joseph Elder spoke in objection to the application.

Mr Michael Mallock spoke in objection to the application.

Mr Clive Duggleby spoke in objection to the application.

Mr Dan Roycroft (Agent) spoke in support of the application.

Clerk Jane Tier spoke on behalf of Winterslow Parish Council

 

The Senior Planning Officer, Lynda King presented the report on the application, which was for the erection of a dwelling house, associated access, hard and soft landscaping and associated works (Resubmission of 21/00943/FUL).

 

The main issues which were considered to be material to the determination of the application 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 14 letters of objection from third parties.

 

The application was recommended for approval with conditions.

 

It was noted that the previous application which went to appeal had only been refused on Nitrates and on Overlooking, specifically from the rear bedroom windows on to the Middleton House conservatory area. As such, the Committee was advised that to refuse the application on any other grounds would not stand up to appeal.

 

The former reasons had been mitigated in the current application, as the development now included roof lights which served bathrooms and a stairwell and an agreement to resolve the nitrate issues.

 

Members then had the opportunity to ask technical questions of the Officer. It was noted that the S106 agreement involved an agreement to contribute to the councils strategy to mitigate nitrates.

 

The officer clarified where the subdivision of the site would be, using the presentation slides and explained that the development had moved approximately 1m forward on the plot.

 

In addition the Officer noted that the site was not in an area of flood risk and that other permission would be required to remove overhead wires, should the application be approved.

 

Members of the public as detailed above, then had the opportunity to speak on the application. Some of the main points included the scale of the development for the size of the plot, the general unkempt condition of the land, and the local concern relating to highways safety for varied users including, local families on their way to school, dog walkers, horse riders and general on foot pedestrian access due to there being no footpath or streetlights.

 

Other issues included heavy vehicular traffic access and an increased presence of large delivery vehicles which struggled to pass oncoming traffic due to there being only a few places where vehicles could pass each other along the road.

 

It was noted that there was no visitors parking and antisocial carparking would cause further issues.

 

The design was felt to be inappropriate, unsympathetic and out of character for area and the exits and entry were considered to be too close to the corner.

 

The privacy of the residents in Middleton House would be directly impacted by the development. It was stated that the Inspector had not had the opportunity to examine the traffic flow over any length of time.

 

The removal of hedges would result in destroying animals habitats and the overhead electric supply had not been addressed.

 

The agent highlighted that the only issues on the previous application which had been considered by an Inspector were the overlooking to the neighbours conservatory and the nitrates. The current application had been designed with upper windows changed from dormer windows to rooflights so could not look out directly on to the neighbour, due to serving bathrooms and roof light over a staircase. Other aspects for refusal were not for discussion this time. There were also no technical objections from the consultees.

 

The Parish Council statement was in objection to the application due to highways issues, overdevelopment and potential flood risks. The clerk also noted the level of calls and emails received from local residents concerned with the development.

 

The Divisional Member, Cllr Rich Rogers who was on the Committee spoke in objection to the application, noting the floor plans remained largely unchanged and that only the internal arrangements had been altered. The reasons for dismissal of the previous application by the inspector had not been satisfactorily resolved as there was still an element of overlooking possible from the roof windows. Cllr Rogers stressed the importance of safeguarding the amenity of the neighbour. It was Cllr Rogers view that only a single storey dwelling was suitable for the site and highlighted CP57 of the NPPF paras 124 & 130.

 

 

 

The Officer suggested that if minded to approve, the Committee could add a condition on the windows so that they could only be opened for ventilation. Cllr Rogers did not feel that the condition would safeguard the overlooking aspect.

 

Cllr Rogers then moved the motion of refusal against officer recommendation, noting the following reasons:

 

Contrary to Paragraphs 124 and 130 of the NPPF and Policy CP57 of the Wiltshire Core Strategy in that development should be compatible with and similar to adjacent properties and represent a high-quality design.

 

This was seconded by Cllr Najjar.

 

The Committee discussed the application, the main points included options for a condition on the Velux windows to be obscured/opaque and whether it was necessary to include the window above the staircase or to leave that clear to enable the maximum amount of light in that area of the dwelling. There were differing opinions around the ability to see out of roof light windows.

 

The ruling by the Inspector of the previous application was considered and it was noted that the nitrate issue would be resolved by the S106 agreement.

 

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

 

For openness, Councillor Nabil Najjar noted that he had previously retained the agent of the application for his own personal work and decided not to take part in the vote on the application. 

 

The motion failed.

 

Cllr Hocking then moved the motion of approval, in line with Officer recommendation.

 

This was seconded by Cllr Carbin.

 

The Committee then discussed the option of additional conditions.

 

Cllr Dalton proposed a friendly motion to include a condition to have fixed closed roof light windows or use obscured glass and for standard working hours during construction.

 

Clarification on the 5 levels of obscurity was sought and the Officer explained that at the highest level, level 5, light would still pass through but that you could not see through it.

 

Cllr Bridget Wayman objected to the stairwell roof window having obscured glass as it would limit the level of light on the stairs where she believed there should be as much light as possible

 

The original mover of the motion was asked whether he supported the friendly amendments put forward by Cllr Dalton. Cllr Hocking accepted the condition on standard hours of construction, however did not accept any condition to close or obscure the roof lights.

 

The Committee voted on the motion of approval, in line with Officer recommendation, with an additional condition to apply standard hours of construction. Final approval would be delegated to the Head of Planning pending the completion of the S106 agreement.

 

It was;

 

Resolved:

 

That application PL/2022/09311 be APPROVED subject to deferral to the Head of Planning, pending the completion of the S106 Agreement and 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:

 

Location Plan – Drawing no. 21/01/SK500 , received on 2nd December 2022

Block Plan – Drawing no. 22/22/SK200A, received on 12th December 2022

Proposed Floor Plans – Drawing no. 22/22/SK1, received on 2nd December 2022

Proposed Elevations – Drawing no. 22/22/SK3, received on 2nd December 2022

Proposed Roof Plan – Drawing no. 22/22/SK2, received on 2nd December 2022

 

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

 

3) No development shall commence on site above slab level until the exact details and samples of the materials to be used for the external walls and roofs 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) 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 window, dormer window or rooflight, other than those shown on the approved plans, shall be inserted in the rear (south west) roof slope of the development hereby permitted.

 

REASON: In the interests of residential amenity and privacy.

 

5) The development hereby permitted shall not be first occupied until the first 2m 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) 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.

 

7) No part of the development hereby permitted shall be first occupied until the access & 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.

 

REASON: In the interests of highway safety.

 

8) Construction works on the site hereby approved shall take place between the hours of 8.00 to 18.00 only Monday to Fridays, 8.00 to 13.00 only on Saturdays and no works at all on Sundays or Bank Holidays.

 

REASON: In the interests of the residential amenities of occupiers of nearby residential properties.

 

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/communityinfrastructurelevy.

 

2) The grant of the planning permission should be read in conjunction with the

S106 legal agreement dated XXX entered into by XXX

 

3) The application involves an alteration to the existing vehicle access/dropped kerb. The consent hereby granted shall not be construed as authority to carry out works on the highway. The Page 504applicant is advised that a licence will be required from Wiltshire’s Highway Authority before any works are carried out on any footway, footpath, carriageway, verge or other land forming part of

the highway. Please contact our Vehicle Crossing Team on vehicleaccess@wiltshire.gov.uk  and/or 01225 713352 or visit their website at http://wiltshire.gov.uk/highways-streets to make an application.

 

4) The applicant is advised that, if it is proposed to drain this development directly into the river or carry out any work within 8 metres of the watercourse then a Land Drainage Consent is required from the Environment Agency. For further information see www.environmentagency.gov.uk