Agenda item

Demolition of out buildings and erection of 1 self-build residential dwelling, access, parking, landscaping and associated works.

58             Public Participation

Nicholas Artiss (Applicant) spoke in support of the application

Charlotte Watkins (Agent)

 

The Planning Officer, Joe Richardson, introduced a report which recommended that the application for the Demolition of out buildings and erection of 1 self-build residential dwelling, access, parking, landscaping and associated works,  be refused. Key details were stated to include the principle of development and impact upon neighbour amenity. 

 

Members of the committee then had the opportunity to ask technical questions of the officer. Details were sought on the flood zone areas, where it was noted the site was situated mainly in flood zone 2 and partially within flood zone 3.

 

Clarification was sought on whether there were any restrictions on roof lights due to the site being just inside the Cranbourne Chase.

 

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

 

The Chairman read a statement on behalf of the Unitary Division Member, Councillor Richard Clewer, as he was not in attendance.

 

The key issue and the reason for the call in, was the question of flooding.  Other potential issues appeared to have been resolved through statutory consultee responses.

 

At face value, flood zones would rule the application out, however, the land on which the house would be built was currently occupied by a tarmac tennis court, an impermeable surface.  The replacement of this with a house required a judgement call from a planning perspective, which he believed should be put to a committee to consider, in light of views from the applicant and officers. 

 

Lastly, he noted that the views of the Parish Council summed up the issue well and after consideration and discussion with the planning officer he felt there was enough nuance and balance of judgement for a committee to be best placed to make a decision.

 

Cllr Hocking moved the motion of Approval against officer recommendation. 

 

This was seconded by Councillor Nabil Najjar.

 

The Committee asked the case officer to read out suggested conditions which could be applied should the application be approved.

 

The Committee agreed to add an additional condition relating to external light pollution, with an informative around internal lighting.

 

A debate followed where issues relating to flood zone 3 were discussed. The Committee queried whether the development would result in pushing the flooding issue to another area. The Officer noted that the required sequential test would establish that, when carried out. 

 

In response to debate on roof lights, the Officer noted that if a different style of window was selected, such as dormer windows, that would raise different issues.

 

At the close of debate, the Committee voted on the motion of Approval, as detailed above, with the conditions and informative as stated by the Officer. 

 

It was,

 

Resolved:

 

That planning permission for application PL/2024/03325 be granted Subject to 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:

DWG No: 3098-105 Site Location Plan Date Received 17.04.24

DWG No: 3098-101 Rev D Proposed Site Layout Plan Date Received 28.08.24

DWG No: SF32995-001 Rev B Proposed Elevations, Floor and Section Plans Date Received 04.04.24

DWG No: 3098-102 Rev A Existing and Proposed Street Scene Plan Date Received 04.04.24 Flood Risk Assessment undertaken by Rappor Consultants Ltd dated March 2024 Date Received 04.04.24

Nutrient Avon Calculator Date Received 19.09.24

Preliminary Ecological Assessment undertaken by Ellendale Environmental Dated June 2023 Date Received 04.04.24

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

 

3 Prior to the commencement of the development hereby permitted above slab level, details of the external materials for the new dwellinghouse to include the brick plinth, cladding, roofing material and materials to be used for the dormer windows, glazing, rooflights, doors, windows, rainwater goods shall be submitted to and approved in writing by the Local Planning Authority. Details of the hard surface material (that shall be permeable) to be used for the parking area and; details of the materials to be used in the construction of the boundary walling to sub-divide the site with an elevational drawing showing the walling detail shall be 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 amenity, the wider landscape context area including the Conservation Area and flood resilience.

 

4 Prior the demolition of any outbuilding associated with the development hereby permitted, a repair schedule for the boundary walling as shown on approved drawing DWG No: 3098-101 Rev D shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

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

 

5 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 windows, doors or other form of openings other than those shown on the approved plans, shall be inserted in the eastern or western elevations of the dwellinghouse hereby permitted.

REASON: In the interests of residential amenity and privacy.

 

6 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England)Order 2015 (or any Order revoking or re- enacting or amending those Orders with or without modification), no development within Part 1, Classes A, B, C or E shall take place on the dwellinghouse hereby permitted or within its curtilage.

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

 

7 The residential unit in the development hereby permitted shall be constructed as a self-build dwelling within the definition of self-build and custom build housing in the 2015 Act:

i. The first occupation of the unit in the development hereby permitted shall be by a person or persons who had a primary input into the design and layout of the unit and who intends to live in the unit for at least three years;

ii. The Council shall be notified of the person who intend to take up first occupation of the unit in the development hereby permitted at least two months prior to first occupation.

REASON: To define the scope of the planning permission and in order for the Council to have an up-to date self-build register in accordance with Section 1 of the Self-Build and Custom Housebuilding Act 2015 (as amended by the Housing and Planning Act 2016).

 

8 The finished ground floor level of the dwellinghouse hereby permitted shall be set no lower than 58.81m AOB as stated in paragraph 5.6 of the Flood Risk Assessment undertaken by Rappor Consultants Ltd dated March 2024 Date Received 04.04.24

REASON: In the interests of flood resilience.

 

9 Notwithstanding the approved Flood Risk Assessment, no development shall commence on site until a drainage and surface water drainage scheme for the site (based on sustainable drainage principles SuDS) has been submitted to and approved in writing by the Local Planning Authority. It shall include:

· The 1 in 30 year rainfall event is contained within the drainage system without causing

flooding to any part of the site;

· The 1 in 100 year plus climate change rainfall event does not cause flooding to any building

(including a basement);

· How surface water and pollution control will be managed during construction;

· A plan showing overland flow routes across the site to demonstrate that exceedance flows in

excess of the 1 in 100 year storm and climate change is wholly and fully managed on site and do

not pose a risk to people or property (including those up and downstream of the site).

The surface water scheme shall be implemented before the first occupation and/or use of the development and be constructed in accordance with the approved details.

REASON: To record and advance understanding of the significance of any heritage assets to be lost in a manner proportionate to their importance and to make this evidence and any archive generated publicly accessible.

 

10 No development shall commence within the approved site location plan DWG No: 3098 –105, until:

a) A written programme of archaeological investigation, which should include on-site work and offsite work such as the analysis, publishing and archiving of the results, has been submitted to and

approved in writing by the Local Planning Authority; and

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

approved details as evidenced by the submission to the Local Planning Authority of a satisfactory report on the results within six months of the conclusion of archaeological monitoring on site.

REASON: To record and advance understanding of the significance of any heritage assets to be lost in a manner proportionate to their importance and to make this evidence and any archive generated publicly accessible.

 

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

 

12

Any gates shall be set back 5m from the edge of the carriageway, such gates to open inwards only.

REASON: In the interests of highway safety.

 

13 No part of the development hereby permitted shall be occupied until the access, turning area & parking spaces [3] 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: To ensure that adequate provision is made for parking within the site in the interests of highway safety.

 

14 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.

 

15 The overnight development hereby permitted shall be designed to ensure it does not exceed 110 litres per person per day water consumption levels (which includes external water usage).

REASON: To ensure compliance with the prevailing mitigation strategy for nutrient neutrality in the water catchment within which this development is located.

 

16 The development hereby permitted shall not commence until evidence of compliance to the Wiltshire Council New Forest Protected Sites Recreational Impacts Mitigation Scheme, or an

alternative approved mitigation package addressing the recreational pressure arising from the development, has been submitted to, and approved in writing by the Local Planning Authority.

REASON: To accord with the Conservation of Habitats and Species Regulations 2017.

 

17 The development hereby permitted shall not commence until evidence of compliance to the Wiltshire Council River Avon Special Area of Conservation Mitigation scheme, or an alternative approved mitigation package addressing the additional nutrient input arising from the development, has been submitted to, and approved in writing by the Local Planning Authority.

REASON: To accord with the Conservation of Habitats and Species Regulations 2017, and Wiltshire Core Strategy Core Policy 69.

 

18 The proposed package treatment plant and drainage field shall be installed, maintained and operated in accordance with the submitted specification and details hereby approved. Any subsequent replacements shall have an equivalent or improved performance specification. The package treatment plant and drainage field shall be installed, connected and available for use before the development is occupied and they shall be maintained and operated thereafter for the lifetime of the development.

REASON: To provide ongoing and adequate nutrient mitigation for the nutrient neutrality water catchment for the life of the development and to ensure that any future package treatment plant is of an equivalent or improved standard.

 

19 Any external lighting that is installed across the application site shall be designed and implemented to minimise sky glow, glare and light trespass. It shall be designed in a downward facing position at all times and shall meet the criteria for Environmental Zone E0 as defined by the Institute of Lighting Professionals ‘Guidance Notes for the Reduction of Obtrusive Light’ 2012. Any external lighting installed at the site shall be retained and maintained as such thereafter for the lifetime of the development.

REASON: To ensure appropriate levels of amenity are achieved and; to protect the Dark Skies Initiative

 

 

Informatives: (9)

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 applicant should note that under the terms of the Wildlife and Countryside Act (1981) and the Habitat 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.

 

3 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.

 

4 In respect of condition 9, the applicant is advised to refer to Wiltshire Councils Developer Guidance note for soakaways (Developers-guidance-note-surface-water-soakaways-2.pdf (wiltshire.gov.uk)

 

5 In relation to condition 16, evidence of compliance to the Wiltshire Council New Forest Protected Sites Recreational Impacts Mitigation Scheme means confirmation of payment of the financial contribution to the scheme. An alternative mitigation package must be approved by the local planning authority and Natural England with evidence of allocation to the scheme.

 

6 In relation to condition 17, Evidence of compliance to the Wiltshire Council River Avon Special Area of Conservation Mitigation Scheme means the certificate of allocation of credits and confirmation of financial contribution to the scheme. An alternative mitigation package must be approved by the local planning authority and Natural England with evidence of allocation to the scheme.

 

7 The application involves an upgrading of the existing vehicle access/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.

 

8 Safeguards should be implemented during the construction phase to minimise the risks of pollution from the development. Such safeguards should cover:

The use of plant and machinery; 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 waste.

 

9 The applicant is advised that all rooflights within the dwellinghouse shall be fitted with automatic

blinds in order to minimise light spillage and reduce light pollution.