Agenda item

Proposed Erection of 6 No Dwellings (Class C3) and associated works.

Public Participation

 

·       Mr Malcom Exeter (Campaign for the Protection of Rural England) -spoke in opposition to the application

·       Miss Victoria Convey – spoke in support of the application

 

The Senior Planning Officer Meredith Baker introduced a report which recommended that the application for the erection of six Class C3 dwellings be refused for the reasons outlined in the report. Key details were stated to include the principle of development, design, transport and landscape impacts.

 

Attention was drawn that two late representations in support of the application that had been sent to the Committee by the Applicant on behalf of the local primary school and a nearby business. The Senior Planning Officer confirmed that neither of these would change her recommendation to refuse the application. She reported that, since the publication of the report, the Applicant had now agreed that two of the units would be provided as affordable dwellings, so the information included in the final paragraph on page 247 of the agenda pack relating to affordable housing was out of date.

 

It was noted that the application site was located in an elevated position in open countryside outside of the settlement boundary, so the proposed development would be contrary to Core Policy 1 (Settlement Strategy) and Core Policy 2 (Delivery Strategy) of the Wiltshire Core Strategy. The Senior Planning Officer also raised concerns that Unit 6, at the southern end of the site, would have an inset dormer window that would have a direct outlook into the private amenity space of Unit 5. As the dormer window in question was the sole window in a bedroom, it would not be possible to add a condition to impose obscure glazing and, as such, the arrangements were Contrary to Core Policy 57 (Ensuring High Quality Design and Place-Shaping). 

 

The Senior Planning Officer also noted that the development was in close proximity to the A346 and that Wiltshire Council’s Public Protection Officer had raised concerns that closed windows with trickle vents would be relied upon to mitigate noise pollution. As insufficient evidence had been presented by the Applicant to justify this approach, or to demonstrate that it would not lead to an unacceptable level of overheating, the application was in further breach of Core Policy 57 as well as the advice contained within the National Planning Policy Framework as well as the ‘Planning Consultation Guidance Notes Section 5 – Good Acoustic Design.

 

Members of the Committee then had the opportunity to ask technical questions of the Senior Planning Officer. Details were sought on sustainable transport options to the site. It was noted that there was a proposed footpath to the site and that there was a bus stop in Ogbourne St George. However, the Senior Planning Officer explained that there would be a reliance on private vehicles to access the site to access the facilities and services required for day-today living, so the development was contrary to Core Policy 60 (Sustainable Transport) of the Wiltshire Core Strategy.

 

In response to a query about whether it would be possible to condition the net level of biodiversity gain, the Senior Planning emphasised that insufficient evidence had been provided to Wiltshire Council’s Ecology Team to be able to determine the ecological impacts of the proposal. An Ecological impact assessment should have been provided at the application stage and it would not be appropriate to condition at a later stage as it was a material matter for the planning application.

 

The Senior Planning Officer also highlighted that the site straddled the projected route of a former Roman road. The County Archaeologist had advised that a trial trench evaluation was required, but one had not been submitted by the Applicant. The Senior Planning Officer explained that this information was required at application stage as if archaeological features are found there is a potential that the scheme would need to be amended.

 

Further details were sought about the provision of affordable housing. The Senior Planning Officer noted that the scheme was defined as major development under the NPPF, being a development of six dwellings on a site of over half a hectare. Although the Applicant had now indicated that they would be providing two affordable dwellings as part of the development, the absence of a legal agreement to this effect was still considered to be a reason for refusal.

 

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

 

The Unitary Division Member, Cllr James Sheppard then spoke in support of the application.

 

In response to the points raised by the public and Unitary Division Member the Senior Planning Officer noted that solar panels had not been included in the plan that had been submitted. She explained that the proposed development was not located on a rural exception site and could not be defined as infill as defined under paragraph 434 of the Wiltshire Core Strategy.

 

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

 

A debate followed where issues such as sustaining facilities in Ogbourne St George, such as the local primary school, were discussed. Other issues raised included the position of the proposed development in relation to existing residential areas in the village and a nearby farmyard, privacy issues, affordable housing. 

 

Members of the Committee indicated that the proximity of the development to a nearby farmyard and residential areas was such that was integrated into the centre of the village and amenities of Ogbourne St George. They felt that the provision of additional housing would also help to sustain the services within the village provided to the local community.

 

The possibility of adding conditions relating to areas including, ecology, solar, panels, heat pumps, archaeology, electric vehicle charging points and overlooking were debated.

 

In response to questions, it was confirmed that an ecology management plan could be conditioned, although the Development Management Team Leader, Karen Guest, did reiterate that Wiltshire Council’s Ecologist would far prefer an impact assessment to be completed in advance of planning permission being granted. She also confirmed that it would not be possible to condition the design of the windows to reduce noise pollution.

 

It was also noted that there would need to be the agreement of a S106 agreement.

 

At the conclusion of the debate, it was:

 

Resolved

 

To GRANT permission for the erection of six Class C3 dwellings, subject to the agreement of a S106 agreement. For the final wording of the conditions to be delegated to the Development Management Team Leader and Senior Planning Officer, in consultation with the Chairman and Vice-Chairman.

 

Reason:

 

Although the scheme is contrary to policy, being outside of any defined limits of development, there are material considerations and benefits which would outweigh this harm.  These include: the site being accessible to the village and closer than many other properties; the proximity of the nearby farmyard; and the provision of much needed additional residential properties, including affordable housing, which would help to sustain the settlement.

 

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 – Drawing No. 001

·       Existing Site Survey – Drawing No. 100

·       Proposed Site Plan – Drawing No. 150

·       Proposed Site Plan – Drawing No. 151

·       Housetype – Plots 1 & 2 – Drawing No. 160

·       Housetype – Plots 3 & 4 – Drawing No. 161

·       Housetype – Plot 5 – Drawing No. 162

·       Housetype – Plot 6 – Drawing No. 163

·       Proposed CarPorts – Drawing No. 165

·       Cycle Store – Drawing No. 166

·       Street Scenes & Site Sections – Drawing No. 170

·       Drainage Strategy – Drawing No. 23-006-002

 

·       Acoustic Consultancy Report 23174/3/1/10 by LCP

·       Preliminary Ecological Appraisal Report by Ethos Environmental Planning

·       A Pre-development Arboricultural Report by Sharples Tree Services dated 8th February 2023

·       Drainage Strategy and SuDS Statement by Adama Consulting

 

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

 

3.    No development above slab level shall commence on site until full details of the materials and finishes 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: In the interests of visual amenity and the character and appearance of the area.

 

4.    No development above slab level shall commence on site until details of boundary treatments have been submitted to and approved in writing by the Local Planning Authority, the details of which shall include location on a site plan, height, design and materials of all boundary treatment and gates.  Development shall be carried out in accordance with the approved details.

 

REASON: Further details are required because insufficient information has been submitted with the application in this regard, to ensure a satisfactory landscaped setting for the development and in the interest of visual amenity.

 

5.    No development shall commence on site until a scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include :-

 

• a detailed planting specification showing all plant species, replacement trees, supply and planting sizes and planting densities;

• details of the balancing pond including a detailed levels and elevations plan and construction details;

• all hard and soft surfacing materials;

 

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

 

6.    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 dwellings 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.

 

7.    No works or development, including demolition, ground works/excavation, site clearance, vegetation clearance and boundary treatment works, shall commence until a Landscape and Ecology Management Plan (LEMP) has been submitted to and approved in writing by the Local Planning Authority. The LEMP shall include long term objectives and targets, management responsibilities and maintenance schedules for each ecological feature within the development, together with a mechanism for monitoring the success of the management prescriptions, incorporating review and necessary adaptive management in order to attain targets. The LEMP shall be implemented in full and for the lifetime of the development in accordance with the approved details.

 

REASON: To ensure the long-term management of landscape and ecological features retained and created by the development, for the benefit of visual amenity and biodiversity for the lifetime of the scheme.

 

8.    No works or development, including demolition, ground works/excavation, site clearance, vegetation clearance and boundary treatment works, shall commence until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority.

 

The CEMP shall include, but not necessarily be limited to, the following:

 

a) Identification of ecological protection areas/buffers zones and tree root protection areas and details of physical means of protection, e.g. exclusion fencing.

 

b) Working method statements for protected/priority species, such as water vole, nesting birds and reptiles;

 

c) Details of timing of tree and shrub planting;

 

d) Key personnel, responsibilities and contact details (including Site Manager and ecologist/ECoW)

 

e) Details of pollution prevention measures including safeguarding measures to deal with the following pollution risks:

 

·       the use of plant and machinery

·       wheel washing and vehicle wash-down and disposal of resultant dirty water

·       oils/chemicals and materials

·       the use and routing of heavy plant and vehicles

·       the location and form of work and storage areas and compounds

·       the control and removal of spoil and wastes.

 

The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details.

 

REASON: To ensure adequate protection and mitigation for ecological receptors.

 

9.    No works or development, including demolition, ground works/excavation, site clearance, vegetation clearance and boundary treatment works, shall commence until a biodiversity enhancement plan has been submitted and approved by the Local Planning Authority.  All works shall be undertaken in accordance with the approved plan.

 

REASON: In the interests of ecology and biodiversity and to ensure net gain in biodiversity.

 

10. No external lighting shall be installed on site until plans showing the type of light appliance, the height and position of fitting, illumination levels and light spillage 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 GN08-18 “Bats and artificial lighting in the UK”, issued by the Bat Conservation Trust and Institution of Lighting Professionals.

 

The approved lighting shall be installed and maintained in accordance with the approved details and no additional external lighting shall be installed.

 

REASON: In the interests of the amenities of the area, the character, setting and appearance of the rural National Landscape, to minimise unnecessary light spillage above and outside the development site and to ensure lighting will not have an adverse impact on ecology.

 

11. 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 900mm above the nearside carriageway level. The visibility splays shall always be maintained free of obstruction thereafter.

 

REASON: In the interests of highway safety.

 

12. The gradient of the access way shall not at any point be no steeper than 1m in 15 metres from its junction with the public highway.

 

REASON: In the interests of highway safety.

 

13. 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.

 

14. No part of the development hereby permitted shall be first occupied until the access and the parking spaces (with at least one space per plot being provided with an EV charging provision) have been completed in accordance with the details shown on the approved plans. The areas shall always be maintained for those purposes thereafter and maintained free from the storage of materials.

 

REASON: In the interests of highway safety.

 

15. No development shall commence on site until a construction management plan has been submitted to and approved in writing by the local planning authority. The plan shall include details of the measures that will be taken to reduce and manage the emission of noise, vibration and dust during the demolition and/or construction phase of the development. It shall include details of the following:

 

i. The movement of construction vehicles;

ii. The cutting or other processing of building materials on site;

iii. Wheel washing and vehicle wash down facilities;

iv. The transportation and storage of waste and building materials;

v. The recycling of waste materials (if any)

vi. The loading and unloading of equipment and materials

vii. The location and use of generators and temporary site accommodation

viii. Where piling is required this must be Continuous flight auger piling wherever practicable to minimise impacts.

 

The construction/demolition phase of the development will be carried out fully in accordance with the construction management plan at all times.

 

REASON: To ensure acceptable amenity levels and highway impacts during the construction period.

 

16. The external facades including roofing, external walls and glazing hereby approved shall be installed as detailed within the recommendations in Section 4 of the Acoustic Consultancy Report 23174/3/1/10 dated 14th February 2023 prior to first occupation of the development and maintained in accordance with these approved details at all times thereafter.

 

REASON: In the interests of noise pollution for the future occupants from the adjacent A-road.

 

17. In the event that contamination is encountered at any time when carrying out the approved development, the Local Planning Authority shall be advised of the steps that will be taken by an appropriate contractor, to deal with contamination and provide a written remedial statement to be followed be a written verification report which confirms the works that have been undertaken to render the development suitable for use.

 

REASON: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

 

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

 

• Drainage Strategy – Drawing No. 23-006-002

• Drainage Strategy and SuDS Statement by Adama Consulting – Doc Ref: AcI725/23006/DS

 

REASON: In the interests of flooding and drainage.

 

19.No development shall commence on site until:

 

a) A written programme of archaeological investigation, which should include on-site work and off-site work such as the analysis, publishing and archiving of the results, has been submitted to and approved by the Local Planning Authority; and

b) The approved programme of archaeological work has been carried out in accordance with the approved details.

 

REASON: 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 enable the recording of any matter of archaeological interest.

 

20. No construction or demolition work shall take place on Sundays or Public Holidays or outside the hours of 0800 to 18:00 Monday to Friday and 08:00 to 13:00 on Saturdays.

 

REASON: In the interests of neighbouring amenity.

 

21. 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 Schedule 2, Part 1, Classes A, B and E shall take place on the dwellinghouses hereby permitted or within their curtilage.

 

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

 

22. Notwithstanding the submitted details, the development hereby permitted shall not be first occupied until cycle parking and bin storage facilities for each permitted dwelling have been provided in full and made available for use in accordance with details to be submitted to and approved in writing by the Local Planning Authority. The cycle parking and bin storage facilities shall be retained for use at all times thereafter.

 

REASON: To ensure that satisfactory facilities for the parking of cycles and storage of waste are provided and to encourage travel by means other than the private car.

 

23. Notwithstanding the submitted details, no development above slab level shall commence until a renewable energy scheme for the development has been submitted to and approved in writing by the Local Planning Authority. The scheme approved shall be installed prior to first occupation of the dwellings and maintained in accordance with the approved details at all times thereafter.

 

REASON: In the interests of high-quality design in accordance with Core Policy 57 v) of the Wiltshire Core Strategy.

 

24. The development shall be carried out in strict accordance with the approved A Pre-development Arboricultural Report by Sharples Tree Services dated 8th February 2023 and the contained Tree Protection Plan – Drawing Number: BR/TPP dated Feb/2023. The approved tree protection shall be erected prior to any site activity commencing and maintained until completion of the development.

 

REASON: For avoidance of doubt and for the protection of visually important trees on the site.

 

 

 

INFORMATIVES:

 

1.    The application involves an extension to the creation of a new vehicle access and dropped kerb. 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 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. The applicant must also ensure that any works within 8m of a watercourse (including discharge to and/or piping of road side ditches) will require full Land Drainage Consent . Please contact the Drainage Team at Drainage@wiltshire.gov.uk

 

2.    The applicant should note that under the terms of the Wildlife and Countryside Act (1981) and the Habitats Regulations (2017) 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.

 

3.    This permission shall be read in conjunction with an Agreement made under Section 106 of the Town and Country Planning Act, 1990 and dated the …………[ date when the legal agreement is made for the affordable housing provision]

 

4.    The archaeology works in relation to Condition 19 is to be carried out by qualified archaeologists following the standards and guidelines for archaeological evaluations as set out by the Chartered Institute for Archaeologists (CIfA). If archaeological finds of local or regional importance are found by the trial trenching, then it is likely that further work will need to be carried out in order to mitigate the impact of the proposed development upon the archaeological resource in order to fulfil the terms of the condition. Finds of national importance may prove an overriding constraint to the development. The costs of all works are to be borne by the applicant.

 

5.    In relation to Condition 23, if any renewable energy measures are proposed externally to the building, such as solar panels, full elevation plans of the dwellings must be submitted for consideration together with product specifications.