Agenda item

James Griffin spoke in support of the application.

Tim Roberts and Alex Stewart spoke in opposition to the application.

 

The Planning Officer introduced the report which recommended that authority be delegatedto the Area Development Manager to grant planning permission subject to the completion of Section 106 agreement and conditions. The application was for the erection of 10 dwellings, associated parking, public open space, landscaping and associated works.

 

The Planning Officer drew attention to late items and explained that, although the application related to a greenfield site, the site had several large agricultural barns of a standard modern construction, with some smaller general purpose outbuildings and associated hardstanding. It was highlighted that the application included a new public right of way and the provision of a surfaced footpath on Tetbury Lane and 40% affordable housing.

 

The Committee then had the opportunity to ask technical questions and it was confirmed that all agricultural buildings were excluded from the definition of previously developed land in the National Planning Policy Framework (NPPF); this was why the site was referred to as greenfield land, despite the existing areas of hardstanding.

 

The Planning Officer explained that the site was completely outside of the settlement boundary for Crudwell. It was also clarified that a section of the right of way (RoW) did not appear to be in the land ownership of the applicant. The Planning Officer explained that the plan was an indicative layout and the RoW provision to be secured through the Section 106 agreement would be limited to land within the applicant ownership.

 

Members of the public then addressed the Committee as detailed above.

 

The Planning Officer responded to comments from the public and explained that Wessex Water considered the area to have sufficient capacity for foul drainage. The Planning Officer noted that there were representations that highlighted foul drainage issues in the area but explained that Wessex Water had been consulted and had no objections. It was highlighted that drainage was conditioned in the officer recommendation and this would require further drainage details to be submitted and approved prior to the commencement of development.

 

The Planning Officer drew attention to the fact that Highways had no objections to the proposal and that a footpath was to be provided on Tetbury Lane. It was also clarified that the proposed gift of land to neighbouring properties was not a material consideration in the determination of this planning application.

 

The local member, Cllr Chuck Berry, highlighted that the proposals extended deep into the countryside and slightly beyond the existing concreted area. It was explained that there were nearly 100 letters in opposition to this proposal and that local residents were concerned about sewerage issues. The local member drew attention to the strict control of development outside the settlement boundary set out in Wiltshire Core Strategy Core Policy 1 and urged the Committee to consider the appropriateness of this proposal in the current time and location.

The Planning Officer confirmed that the Housing Sites Development Plan Document and the Neighbourhood Plan would be able to bring forward sites for development in the future. However, it was explained that these were both at an early stage of development and neither had submitted plans or documents yet. As such, little weight could be given to them in determining planning applications at present. Attention was also drawn to the fact that the proposal was an outline application and was considered, on balance, to justify a departure from the development plan.

 

In the debate that followed, the Committee considered the sewerage issues in the local area and the potential impact on health. The Committee also noted that Wessex Water had made no objection to the proposals and that further drainage detail was required to be submitted and approved. Members also considered the positive impact of increased affordable housing in the area and the provision of a footpath on Tetbury Lane.

 

 

Resolved:

 

To DELEGATE authority to the Area Development Manager to grant planning permission subject to the completion of a section 106 agreement and the following conditions:

1.    The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

 

REASON: To comply with the provisions of Section 92 of the Town and Country

Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

 

2.    No development shall commence on site until details of the following matters (in respect of which approval is expressly reserved) have been submitted to, and approved in writing by, the Local Planning Authority:

(a)  The layout of the development;

(b)  The external appearance of the development;

(c)  The landscaping of the site;

The development shall be carried out in accordance with the approved details.

 

REASON: The application was made for outline planning permission and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act 1990 and Article 5 (1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015.

 

3.    An application for the approval of all of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

 

REASON: To comply with the provisions of Section 92 of the Town and Country Planning Act 1990.

 

4.    The development hereby permitted is limited to up to a maximum of 10 dwellings.

 

REASON: In the interests of amenity having regard to the characteristics of the site and surrounding development.

 

5.    No development shall commence on site until a scheme for the discharge of foul water from the site has been submitted to and approved in writing by the Local Planning Authority.

 

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

 

6.    The development shall not be first occupied until foul water drainage has been constructed in accordance with the approved scheme.

 

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

 

7.    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 information on peak flow/volume control/flood risk within development/structural integrity/design for maintenance considerations, has been submitted to and approved in writing by the Local Planning Authority.

 

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

 

8.    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

 

9.    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:

·         full details of any to be retained, together with measures for their protection in the course of development;

·         a detailed planting specification showing all plant species, supply and planting sizes and planting densities;

·         finished levels and contours;

·         means of enclosure;

·         car park layouts;

·         other vehicle and pedestrian access and circulation areas;

·         all hard and soft surfacing materials;

·         minor artefacts and structures (e.g. furniture, play equipment, refuse and other storage units, signs, lighting etc);

·         proposed and existing functional services above and below ground (e.g. drainage, power, communications, cables, pipelines etc indicating lines, manholes, supports etc);

·         retained historic landscape features and proposed restoration, where relevant.

 

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 a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

10.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 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.

 

11.No development shall be occupied until self closing 'access for all' gates (or similar approved) are provided on the proposed Right of Way.

 

REASON: In order to retain livestock at each end of the new section of connecting public right of way crossing the adjoining field.

 

12.No part of the development hereby permitted shall be first occupied until the access layout and the visibility splays shown approved plans "Proposed Site Access with potential Footway Link to Village Hall, 1503-72 Figure 4.1" have been provided with no obstruction to visibility at or above a height of 0.6m above the nearside carriageway level. The visibility splays shall be maintained free of obstruction at all times thereafter.

 

REASON: In the interests of highway safety.

 

13.No development shall commence on site until details of the estate roads, footways, footpaths, junctions, street lighting, sewers, drains, surface water outfall, visibility splays, carriageway gradients, car parking and street furniture, including the timetable for provision of such works, have been submitted to and approved by the Local Planning Authority. The development shall not be first occupied until the estate roads, footways, footpaths, junctions, street lighting, sewers, drains, surface water outfall, visibility splays, carriageway gradients, car parking and street furniture have all been constructed and laid out in accordance with the approved details, unless an alternative timetable is agreed in the approved details.

 

REASON: To ensure that the roads are laid out and constructed in a satisfactory manner.

 

14.No dwelling on the development hereby approved shall be occupied until sufficient parking spaces in accordance with current standards together with vehicular access thereto have been provided in accordance with details submitted to and approved in writing by the Local Planning Authority. The said spaces shall not be used other than for the parking of vehicles or for the purpose of access.

 

REASON: To ensure that adequate provision is made for parking within the site in the interests of highway safety.

 

15.No development shall commence on site until full construction details of the proposed footway link (including provision for verge/ hedge) to the village hall have been submitted to and approved by the Local Planning Authority. The development shall not be first occupied before that footway link been constructed and laid out inaccordance with the approved details ("Proposed Site Access with potential Footway Link to Village Hall, 1503-72 Figure 4.1").

 

REASON: To ensure that the new footway is provided and constructed in a satisfactory manner.

 

16.The roads, including footpaths and turning spaces, shall be constructed so as to ensure that, before it is occupied, each dwelling has been provided with a properly consolidated and surfaced footpath and carriageway to at least base course level between the dwelling and existing highway.

 

REASON: To ensure that the development is served by an adequate means of access.

 

17.The dwellings hereby approved shall achieve Level 4 of the Code for Sustainable Homes. No dwelling shall be occupied until a final Code Certificate for it has been issued and submitted to, and approved in writing by, the local planning authority certifying that Code Level 4 has been achieved.

 

REASON: To ensure that the objectives of sustainable development set out Policy CP41 of the Wiltshire Core Strategy are achieved.

 

18.The development hereby permitted shall be carried out in accordance with the following approved plans:

Drawing No: A-P-100-01d (June 2015)

Drawing No: A-P-100-01e (June 2015)

Drawing No: A-P-100-02b (June 2015)

Drawing No: A-P-100-03b (June 2015)

Drawing No: A-P-100-04 (June 2015)

Drawing No: A-P-100-05b (June 2015)

Drawing No: A-P-100-06b (June 2015)

Drawing No: A-P-100-07b (June 2015)

Drawing No: A-P-100-08b (June 2015)

Drawing No: A-P-100-09a (June 2015)

Drawing No: A-P-110-01f (June 2015)

Drawing No: A-P-600-01e (June 2015)

Drawing No: A-P-600-023 (June 2015)

EVZYGO Flood Risk Assessment Report (April 2015)

EVZYGO Flood Risk Assessment Drawings (April 2015)

EVZYGO Flood Risk Assessment App. 1, 2 & 3 (April 2015)

TPA Transport Assessment Report (April 2015)

Sustainable Energy Statement (July 2015)

 

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

 

19.INFORMATIVE TO APPLICANT: 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.

 

20.INFORMATIVE TO APPLICANT: 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.

 

21.INFORMATIVE TO APPLICANT: Please note that Council offices do not have the facility to receive material samples. Please deliver material samples to site and inform the Planning Officer where they are to be found.

 

22.INFORMATIVE TO APPLICANT: The applicant is advised that the development hereby approved represents chargeable development under the Community Infrastructure Levy Regulations 2010 (as amended) and Wiltshire Council's CIL Charging Schedule. A separate Community Infrastructure Levy Liability Notice will be issued by the Local Planning Authority. Should you require further information with regards to CIL please refer to the Council's Website www.wiltshire.gov.uk/planninganddevelopment/planningpolicy/communityinfrastructurelevy