Agenda item

Erection of single dwelling and associated works to existing access and landscaping.

The Chairman took this item in advance of Item 8.

 

Public Participation

 

·       Mr Richard Cosker – spoke in support of the application

·       Mr Tom Kent – spoke in support of the application

·       Mr Greg Wilkinson - spoke in support of the application

·       Mr Adam Slusarczyk (Bromham Parish Council) – spoke in support of the application

 

 

The Senior Planning Officer Jonathan James introduced a report which recommended that the application for the erection of a single dwelling and associated works to the existing access and landscaping, be refused for the reasons outlined in the report. An existing agricultural building would be demolished to make way for the new dwelling. Key details were stated to include the principle of development, the settlement strategy, sustainable transport and supporting rural life.

 

Attention was drawn that the application had been called in to discuss its merits against the policies of the Development Plan. The Senior Planning Officer explained that the site was in open countryside, outside of the limits of development so was not in accordance with Core Policy 1 (Settlement Strategy) or Core Policy 2 (Delivery Strategy) of the Wiltshire Core Strategy. Furthermore, although the proposed new dwelling reflected the agricultural character of the exiting building, the proposed dwelling would have an urbanising effect on the area. The proposed development would be contrary to Core Policy 51 (Landscape) and Core Policy 57 (Ensuring High Quality design and Place Shaping) of the Wiltshire Core Strategy. Wiltshire Council’s Landscape Officer had raised concerns that external lighting could have a potential impact on the dark skies and rural tranquillity of the countryside.

 

Members of the Committee then had the opportunity to ask technical questions of the Senior Planning Officer. Details were sought about paragraph 84e of the National Planning Policy Framework (NPPF) permitting buildings in the open countryside if their design was of exceptional quality, being truly outstanding and reflecting the highest standards in architecture. In response the Senior Planning Officer confirmed that these could be permitted if the building were to help to raise the standards of design more generally in rural areas and would significantly enhance a building’s setting and be sensitive to the defining characteristics of the local area. However, the Senior Planning Officer explained that, although the building would be capable of being built to passivhaus standards, this was becoming increasingly common practice and in his view the building did not meet the very high threshold to be considered outstanding.

 

Members of the public then had the opportunity to present their views to the committee as detailed above.

 

The Unitary Division Member, Cllr Laura Mayes then spoke in support of the application.

 

In response to the points raised by the public, Parish Council and Unitary Division Member, the Senior Planning Officer noted that Wiltshire Council’s Landscape Officer did not raise objections but had concerns about the impact of the external lighting.

 

So that the Committee had something to debate, Cllr Dr Brian Mathew, seconded by Cllr Stuart Wheeler, proposed that the application be granted contrary to officer recommendation. 

 

A debate followed where issues such as the sustainability and quality of the design, lighting, transport, local support and location in the open countryside were discussed. The Committee were satisfied that the proposed development met the outstanding criteria outlined in Paragraph 84e of the NPPF.

 

In response to queries it was stated that it would be possible to condition the external lighting, passive house standard and foundation treatment of the building. It was:

 

Resolved

 

To GRANT permission for the erection of single dwelling and associated works to existing access and landscaping, contrary to officer recommendation.

 

Reason

 

The Committee were satisfied that the proposed development met the outstanding criteria outlined in Paragraph 84e of the NPPF.

 

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 and documents:

 

• Location Plan, Dwg No. LOCATION_1845-1-PLAN.dwg

• Proposed Floor and Site Plans, Dwg No. PL_1845-1-PLAN.dwg

• Proposed Elevations, Dwg No. P2-revA_1845-1-PLAN.dwg

• Site and Site Entrance Plan, Dwg No. SITE_1845-1-PLAN.dwg

• Tree Survey, Arboricultural Impact Assessment and Tree Constraints Plan, June 2023, WHLandscape

• Solar Panel Details and Solar Panel Guide

• Design Statement, PKA Architects, June 2023

 

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

 

3. The development will be carried out in strict accordance with the following documents:

 

• Ecological Appraisal. May 2023. Malford Environmental Consultancy;

• Landscape, Implementation and Maintenance Plan, July 2023. WHLandscape;

• Proposed Elevations. June 2023. PKA Architects;

• Proposed Floor and Site Plans. June 2023. PKA Architects

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

 

4. Replacement bat roosts will be incorporated into the development in accordance with:

 

Proposed Floor and Site Plans. June 2023. PKA Architects. The installation of these bat roosts and access features will be supervised by a professional ecologist and this part of the condition will be discharged when photographic evidence of installed features have

been submitted to and approved in writing by the local planning authority. These bat roosts and access points will continue to be available for bats for the lifetime of the development.

 

REASON: To mitigate for impacts to bats arising from the development.

 

5. No development shall commence on site until a scheme for the discharge of surface water from the site (including surface water from the access/driveway), incorporating sustainable drainage details, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be first occupied until surface water drainage has been constructed in accordance with the approved scheme.

 

REASON: To ensure that the development can be adequately drained.

 

6. No development shall commence on site until details of the works for the disposal of sewerage have been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be first occupied until the approved sewerage details have been fully implemented in accordance with the approved plans.

 

REASON: To ensure that the proposal is provided with a satisfactory means of drainage and does not increase the risk of flooding or pose a risk to public health or the environment.

 

7. The development hereby permitted shall be carried out in accordance with the materials as detailed within the Design and Access Statement hereby approved:

 

• Design Statement, PKA Architects, June 2023

 

REASON: For the avoidance of doubt and in the interests of proper planning and in the interests of visual amenity and the character and appearance of the area.

 

8. The development hereby approved shall achieve ‘Passivhaus’ standards and within 3 months of being first occupied or brought into use, a post construction stage certificate certifying that Passivhaus standards have been achieved shall be issued and submitted to the local planning authority for its written approval.

 

REASON: To ensure that Passivhaus standards are achieved. The Passivhaus standards are a significant uplift on current building regulation requirements and were positively considered in the planning balance as a determinative factor in supporting the proposal as a paragraph 84e) dwelling designed to be of exceptional quality.

 

9. No external lighting shall be installed on site until additional plans showing the type of light appliance, the height and position of fitting, illumination levels and light spillage overlaid on aerial images have been submitted to and approved in writing by the Local Planning Authority. The plans will be in accordance with the appropriate Environmental

Zone standards set out by the Institute of Lighting Engineers in their publication GN01:2011, ‘Guidance for the Reduction of Obtrusive Light’ (ILP, 2011), and Guidance note GN08/23 “Bats and artificial lighting at night”, issued by the Bat Conservation Trust and Institution of Lighting Professionals.

 

REASON: In the interests of the amenities of the area, to minimise unnecessary light spillage above and outside the development site.

 

10. Prior to their installation, details of both proposed entrance gates shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

 

REASON: In the interests of the visual amenities and character of the area.

 

11. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.3) (England) Order 2020 (or any Order revoking or re-enacting or amending those Orders with or without modification),

no development within Part 1, Classes A, AA, B, D, E, F and G shall take place on the dwellinghouse(s) hereby permitted or within their curtilage.

 

REASON: In the interests of the amenity of the area, the environment and to enable the Local Planning Authority to consider individually whether planning permission should be granted for additions, extensions or enlargements.

 

12. All soft landscaping comprised in the approved details of landscaping (Landscape and Visual Appraisal, July 2023, by WHLandscape and Mitigation and Enhancement Strategy, Dwg No. WHL-1551-05) shall be carried out in the first planting and seeding season following the first occupation of the building(s) 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 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.

 

Informatives: (6)

 

13.

 

Bats

 

Bat roosts have been confirmed on and near the site. Under the Conservation of Habitats and Species Regulations 2017 (as amended), it is an offence to harm or disturb bats or damage or destroy their roosts. Planning permission for development does not provide a defence against prosecution?under this legislation. The applicant is advised

that a European Protected Species Licence will be required before any work is undertaken to implement this planning permission.

 

Nesting Birds

 

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 1 March and 31 August but some species are known to breed outside these limits.

 

Protected Species General

 

The applicant should note that under the terms of the Wildlife and Countryside Act 1981 (as amended) and the Habitats Regulations 2017 (as amended) it is an offence to disturb or harm any protected species including for example, breeding birds and reptiles. The protection offered to some species such as bats, extends beyond the individual

animals to the places they use for shelter or resting. 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.

 

14. 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 can have a substantial adverse

effect on biodiversity. Any new lighting should be for the purposes for safe access and security and 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 GN08-23 “Bats and artificial lighting in the UK”, issued by the Bat Conservation Trust and Institution of Lighting Professionals.

 

15 PRoW Informative:

 

Public footpath BROM9 runs along the existing access track. The footpath should remain open and unobstructed at all times. Any proposed changes to the location of gates across the footpath should be approved by the Countryside Access Officer prior to works being undertaken. To ensure the public right of way remains available and

convenient for public use there shall be no construction/demolition vehicle access or amendments to be made with regard to the PROW BROM9 without prior consultation with the Wiltshire Council Rights of Way Warden. Where appropriate any safety/mitigation/reinstatement measures must be approved by the Wiltshire Council Rights of Way Warden.

 

Contact countryside access team on rightsofway@wiltshire.gov.uk prior to development commencing with regard to PROW BROM9.

 

If a temporary closure is required during the works this must be applied for 3 months before any work is carried out. The applicant should contact the Countryside Access Officer on rightsofway@wiltshire.gov.uk.

 

The proposal includes alteration to the public highway, consent hereby granted shall not be construed as authority to carry out works on the highway. The applicant is advised that a license 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 the vehicle access team on telephone 01225 713352 or email vehicleaccess@wiltshire.gov.uk for further details.

 

16. Entrance Gate Design

 

The gates need to be of an 'agricultural' aesthetic (metal or timber five bar gate) to match the rural context of the lane and not close boarded timber or other solid screening type detail. Gate posts should be simple timber or metal and not brick or stone piers with minimal discrete lighting again to match the rural aesthetic of the adjacent access track

and to avoid its suburbanisation with urbanising elements.

 

17. The attention of the applicant is drawn to the contents of the letter received from the ‘Dorset and Wiltshire Fire and Rescue dated 6 September 2023.

 

18. 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 https://www.wiltshire.gov.uk/dmcommunityinfrastructurelevy.