Agenda item

Simon Chambers spoke in support of the application.

The Planning Officer introduced the report which recommended that planning permission be granted subject to conditions. The application was for the erection of a replacement dwelling. The proposal was to build a replacement dwelling for the existing structure on the site that had been granted a Certificate of Lawfulness for use as a dwelling on 30 June 2015. It was noted that the replacement dwelling was larger but was considered to be a high quality design. The proposal invoked a contemporary approach and used modern materials.

The Committee then had the opportunity to ask technical questions and the Planning Officer explained that the level of amenity space on the site was considered to be acceptable under central government guidance and local polices (Core Policy 57 of the Wiltshire Core Strategy).

It was noted that, under s.191 of the Town and Country Planning Act 1990 and s.4 of the Planning and Compensation Act 1991, any building that has been used as a residential dwelling for an uninterrupted period of four years was immune from enforcement action. It was confirmed that Wiltshire Council’s Legal team had been involved in this matter and that, in accordance with the legislation, it was considered that, on the balance of probabilities, the land subject to the Certificate of Lawfulness application had been in residential (C3) use for an uninterrupted period of four years or more. It was also explained that, the details of the property had been passed on to the Council Tax team who would take further actions as necessary; this was standard procedure on the grant of a Certificate of Lawfulness. It was also clarified that the mobile home identified in pictures of the site constituted operational development and that the Certificate of Lawfulness covered both the log cabin and the mobile home.

The planning officer explained that certificates of lawful existing use were considered on the balance of probabilities on the evidence submitted and the evidence held by the Council. In considering these applications local and national planning policies could not be taken into consideration.

The Planning Officer confirmed that the proposed roof was to be made of zinc which was of a good quality and, with sufficient insulation, would be sufficient to reduce noise caused by rainfall. It was also clarified that the same access served all the buildings on the site and that all land was under the ownership of one individual.

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

The Planning Officer responded to comments from the public.

The local member, Cllr Baroness Jane Scott, OBE, noted that the site in question was located on the edge of two parish council boundaries and expressed concerns about the process of consultation with parish councils for the Certificate of Lawfulness. The local member urged consultation with all proximate parish councils where future proposals were near to parish council boundaries. Concern was also expressed about the design of the proposal and its effect on the Area of Outstanding Natural Beauty (AONB).

The Planning Officer explained that the Localism Act 2011 gave Local Authorities more authority in enforcement terms but it was noted in the case officer report that there was not a clear case for positive deception. It was also explained that if officers identified unlawful developments when visiting a site their colleagues in planning enforcement were notified and formal investigations were undertaken. . However, it was noted that all previous applications on this site had occurred in excess of four years’ ago and, as such, it had not been apparent that the unlawful development had not been undertaken at this stage.

The Legal Officer clarified that there was no statutory requirement to consult with parish councils for Certificates of Lawfulness, although it may be considered to be reasonable this is set out in Annex 8 to Circular 10/97, as superseded by paragraph 8, Lawful Development Certificates, of the Planning Practice Guidance.

Councillor Terry Chivers proposed, subsequently seconded by Councillor Peter Hutton, that the permission be granted in accordance with the officer’s recommendation.

In the debate that followed, the Committee expressed concern about the size of the replacement dwelling. Some members of the Committee also commented that the proposal did little to enhance the Area of Outstanding Natural Beauty (AONB).

The Committee recognised that, in this instance, a Certificate of Lawfulness had been granted and that, although some members expressed concerns about the design of the proposal, the application constituted an improved building  and thus conformed with saved policy H4 of the North Wiltshire Local Plan but requested that permitted development rights for further extensions and out buildings was removed. Officers confirmed that the case officer report included such a condition.

Following a vote, the meeting;

Resolved:

To GRANT planning permission, 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:

Site Location Plan, LPC/3630/EX/1A, LPC/3630/EX/2, LPC/3630/SD1/1A, LPC/3630/SD1/2A and LPC/3630/SD1/3 registered by the LPA on 10 September 2015.

3.    No development shall commence on site until the exact details and samples of the materials 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: 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, in the interests of visual amenity and the character and appearance of the area.

4.    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), there shall be no additions/extensions or external alterations to any building forming part of the development hereby permitted.

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 external alterations.

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 garages, sheds, greenhouses and other ancillary domestic outbuildings shall be erected anywhere on the site on the approved plans.

REASON: To safeguard the character and appearance of the area.

6.    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.

7.    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.

8.    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.

Admin  Note: Cllr Howard Greenman left the meeting at this point owing to his disclosable pecuniary interest in item 6c.