Agenda item

Proposed erection of two detached dwellings and associated works.

Public Participation

 

• Morgan Jones and Paul Mayo spoke in support of the application
• Douglas Helsby and Phil Clare spoke in objection to the application

 

Planning Officers introduced the report which recommended that the Committee approve planning permission, subject to conditions, for the erection of two detached dwellings and associated works.

 

The key material considerations were listed as:

 

• Principle of development
• Scale, design, impact on the character and appearance of the area
• Residential amenity/living conditions

 

Members of the Committee then had the opportunity to ask technical questions to the officer. The following was clarified:

 

• Clarification over the reasons for refusals in the past (Dec 2022 and April 2023) was provided.

 

• That the main difference from the previous applications was that the land supply number and planning policy had changed.

 

• That the biodiversity net gain would be 10%.

 

 

The Committee then received statements from the public and the local member Cllr Sam Pearce-Kearney.

 

During debate, Councillors considered the application to be evenly balanced in regard to approval versus refusal.

 

The Committee considered carefully the characteristics of the development and that it would sit outside the defined boundary of Calne.

 

The neighbourhood plan was also considered by Cllrs, although its weight was debated due to it having not gone through referendum.

 

Core Policy 44 was considered as a potential reason for refusal.

 

Due to the land supply condition, the Committee considered the significant possibility of appeal should Cllrs vote for refusal.

 

During debate, a motion to approve the application was proposed by Cllr Steve Bucknell and seconded by Cllr Nic Puntis, following which it was:

 

Resolved

 

That the application be approved 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:

 

Application Form & Certificate Received 21st October 2024

Plans Ref: Location & Site Plan DWG: 2338.03.01 Rev D Received 21st October 2024

Proposed Site Plan DWG: 2338.03.02. Rev B Received 21st October 2024

 

Plot 1 - Proposed North & East elevations DWG: 2338.03.07 Rev C Received 21st October 2024

Plot 1 - Proposed South & West elevations DWG: 2338.03.06 Rev C Received 21st October 2024

Plot 1 Ground Floor Plan DWG: 2338.03.03 Rev B Received 21st October 2024

Plot 1 First Floor Plan DWG: 2338.03.04 Rev B Received 21st October 2024

Plot 2 - Proposed North & East elevations DWG: 2338.03.12 Rev C Received 21st October 2024

Plot 2 - Proposed South & West elevations DWG: 2338.03.11 Rev C Received 21st October 2024

Plot 2 Ground Floor Plan DWG: 2338.03.08 Rev B Received 21st October 2024

Plot 2 First Floor Plan DWG: 2338.03.09 Rev B Received 21st October 2024

Landscape & Visual Appraisal Received 21st October 2024

Highways statement - TN - Issue 2 with Enclosures Received 21st October 2024

 

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. September 2024. Malford Environmental Consulting;

•Location and Site Plan 2338.03.01 Rev D. January 2023. Concept Drawing

and Design Services;

•Small Sites Metric. September 2024. Completed by Ecologist Dr Stephen

Dangerfield.

 

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

 

4.    No development shall commence on site until details of secure covered cycle parking have been submitted to and approved in writing by the Local Planning Authority. The submitted details shall accord with dimensions, access, location, design and security principles laid out in Appendix 4 of Wiltshire’s LTP3 Cycling Strategy. These facilities shall thereafter be provided in accordance with the approved details and made available for use prior to the first occupation of the development hereby permitted and shall always be retained for use thereafter.

 

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

 

5.    The materials to be used in the construction of the external surfaces of the development hereby permitted shall be as stated on the approved plans.

 

REASON: In the interests of visual amenity and the character and appearance of the area.

 

6.    No new external artificial lighting shall be installed at the site unless otherwise agreed in writing by the local planning authority.

 

REASON: In the interests of conserving biodiversity.

 

7.    No development shall commence within the area indicated by application PL/2024/09508 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: To enable the recording of any matters of archaeological interest.

 

8.    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 brought into use/first occupied until surface water drainage has been constructed in accordance with the approved scheme.

 

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, to ensure that the development can be adequately drained.

 

9.    No development shall commence on site until details of secure covered cycle parking have been submitted to and approved in writing by the Local Planning Authority. The submitted details shall accord with dimensions, access, location, design and security principles laid out in Appendix 4 of Wiltshire’s LTP3 Cycling Strategy. These facilities shall thereafter be provided in accordance with the approved details and made available for use prior to the first occupation of the development hereby permitted and shall always be retained for use thereafter.

 

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

 

10. A Landscape and Ecological Management Plan (LEMP) shall be submitted to, and approved in writing by, the Local Planning Authority before the commencement of the development. The content of the LEMP shall include, but not necessarily be limited to, the following information:

a) Description and evaluation of features to be managed;

b) Landscape and ecological trends and constraints on site that might influence management;

c) Aims and objectives of management;

d) Appropriate management options for achieving aims and objectives;

e) Prescriptions for management actions;

f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over an (X) year period;

g) Details of the body or organisation responsible for implementation of the plan;

h) Ongoing monitoring and remedial measures;

i) Details of how the aims and objectives of the LEMP will be communicated to future occupiers of the development.

The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body/ies responsible for its delivery.

The plan shall also set out (where the results from monitoring show that the conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented.

The LEMP shall be implemented in full 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, to ensure adequate protection, mitigation and compensation for the enhancement of biodiversity.

 

Informatives:

1. Any alterations to the approved plans, brought about by compliance with Building Regulations or any other reason must first be agreed in writing with the Local Planning Authority before commencement of work.

 

2. The applicant should note that the grant of planning permission does not include any separate permission which may be needed to erect a structure in the vicinity of a public sewer. Such permission should be sought direct from Thames Water Utilities Ltd / Wessex Water Services Ltd. Buildings are not normally allowed within 3.0 metres of a Public Sewer although this may vary depending on the size, depth, strategic importance, available access and the ground conditions appertaining to the sewer in question.

 

 

3. 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.
4. 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.

 

5. Any proposals should be designed in accordance with the Non -statutory Technical Standards for Sustainable Drainage Systems and the latest SuDS Manual (C753).

 

All new drainage will need to comply with Building Regulations Part H. The applicant is required to demonstrate that soakaways (if proposed) have been sited the appropriate distance from any building, road or structure foundations in line with CIRIA C574 and Wiltshire Guidance.

 

6. 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.

 

7. The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition “(the biodiversity gain condition”) that development may not begin unless:

 

 

(a) a Biodiversity Gain Plan has been submitted to the planning authority, and (b) the planning authority has approved the plan.

The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan if one is required in respect of this permission would be Wiltshire Council.

 

There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not always apply. For further information on exempt developments please refer to:

https://www.gov.uk/guidance/biodiversity-net-gain-exempt-developments

Based on the information available this permission is considered to be one which will require the approval of a biodiversity gain plan before development is begun because none of the statutory exemptions or transitional arrangements are considered to apply.

 

Irreplaceable habitat

 

If the onsite habitat includes irreplaceable habitat (within the meaning of the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024) there are additional requirements for the content and approval of Biodiversity Gain Plans.

 

The Biodiversity Gain Plan must include, in addition to information about steps taken or to be taken to minimise any adverse effect of the development on the habitat, information on arrangements for compensation for any impact the development has on the biodiversity of the irreplaceable habitat.

The planning authority can only approve a Biodiversity Gain Plan if satisfied that the adverse effect of the development on the biodiversity of the irreplaceable habitat is minimised, and appropriate arrangements have been made for the purpose of compensating for any impact which do not include the use of biodiversity credits.