Agenda item

Stephen Gardener and Patricia Gardener spoke in objection to the application.

 

Ben Turner spoke in support of the application.

 

The planning officer, Mathew Pearson, outlined that the application was for a variation to a 2015 application which had sought permission for the demolition of the existing bungalow within the site and the erection of a large 6 bedroom dwelling, as well as a detached 4 bay garage. It was highlighted that the variation principally related to a revision in the site layout and that the previous application had been decided by way of delegated powers. Photographs of the area and plans were shown.

 

Mr Pearson explained that the revision to the site layout was to move the garage from the south west corner of the site to the north east corner. He stated that the garage would largely retain its size (as detailed on the original application); the difference from that originally proposed and as a part of this application, would be that the garage would have a complete rear wall.

 

It was detailed that the applicant would need to remove the hedgerows that line the public right of way (PROW) during the construction phase. However, this had been conditioned to ensure that any disturbance to the PROW would be acceptable. Mr Pearson detailed that it was a priority that the PROW was re-instated on its legal line.

 

The meeting was informed that the proposed development would be required to adhere to the conclusions of the ecology survey that had been undertaken. It was noted that the site plans were deemed to be acceptable and that officers felt the impact in relation to the surrounding properties was acceptable. Indeed, it was highlighted that although the proposed building would be viewed from 2 listed buildings, officers felt that the design of the site was acceptable and would not impact on the setting or significance of these properties.

 

Members of the Committee were then invited to ask technical questions. Mr Pearson confirmed that the newly reduced height of the garage would mean that the eaves height of the garage would remain similar to the existing garage, located to the east of the bungalow. The garage would be viewed as a single ridge from the neighbouring property, although this ridge would be closer to the neighbouring property than the current larger gable end and ridge associated with the existing bungalow.

 

Members of the public were then invited to speak, as detailed above.

 

Cllr Greenman spoke in his capacity as the local member and applauded how the applicant had shown himself to be keen to maintain a good relationship with his neighbours. Cllr Greenman thanked the planning officer, Mr Pearson, for his endeavours in helping to ensure that the proposed development could be palatable for the site’s neighbours. However, Cllr Greenman still felt that the garage was located too close to the neighbouring property and would have an unacceptable impact and would therefore not be supporting the application.

 

In response to questions, the planning officer confirmed that as a new driveway had been proposed, the new location of the garage was not seen to have any substantial impact on the neighbouring properties in terms of vehicle movements. It was highlighted that in the conservation area, one could find a range of building styles and thus, the outbuilding for the proposed development would relate to the building on site, as opposed to the neighbouring property. It was further confirmed that there would be approximately a 6 metre gap between the rear of the garage of the elevation of dwelling number 3 (a neighbouring property).

 

In the debate that followed several points were raised, which included the following: the view from the 300 year old neighbouring listed building could be seen as detrimental; the applicant had clearly tried to resolve the issue of overbearing and this had been addressed by way of a new design layout and the lowering of the garage’s elevation; it was important that garages were used to store vehicles; the movement of the house (from the original application) was not significant.

 

Cllr Hutton proposed, seconded by Cllr Crisp, that the application be approved subject to the set of outlined conditions in the report.

 

The motion was put to the vote and passed.

 

Resolved:

The application is recommended for approval with 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:

 

Plans

Drawing No: 02 Revised Site Plan with Egress Drievway Shown (dated 11 August 2014, received by LPA on 14 June 2016)

Drawing No: 03 House Floor Plans (11August 2014)

Drawing No: 04 House Elevations (11 August 2014)

Drawing No: 05 Garage Roof and Floor Plans (dated 9 March 2015, received by LPA on 14 June 2016)

Drawing No: 06 Garage Elevations (dated 9 March 2015, received by LPA on 14 June 2016)

Drawing No: 2001 Refuse Store (17 November 2015)

 

Statements

Extended Phase 1 Habitat Survey by Alder Ecology (April 2015)

 

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

 

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        No railings, fences, gates, walls, bollards and other means of enclosure development shall be erected in connection with the development hereby permitted until details of their design, external appearance and decorative finish have been submitted to and approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the approved details prior to the development being occupied. 

 

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

 

5        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 occupied until surface water drainage has been constructed in accordance with the approved scheme.

 

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 ensure that the development can be adequately drained.

 

6        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 :-

 

*         location and current canopy spread of all existing trees and hedgerows on the land;

*         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;

*         means of enclosure;

*         car park layouts;

*         all hard and soft surfacing materials;

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

 

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

 

7        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.

 

8        No development will commencement until an Ecological Mitigation Strategy for the property shall be submitted to and approved in writing by the Local Planning Authority.  The strategy shall include details of replacement / compensatory habitat provision for bats, birds and reptiles.  All compensatory habitat features shall be maintained in accordance with the approved strategy unless otherwise approved in writing by the Local Planning Authority.

 

REASON: In the interests of protected species.

 

9        The dwelling hereby approved shall achieve a level of energy performance at or equivalent to Level 4 of the Code for Sustainable Homes.  No dwelling shall be occupied until evidence has been issued and submitted to, and approved in writing by, the local planning authority certifying that this level or equivalent has been achieved.

 

REASON: To ensure that the objectives of sustainable development equal or equivalent to those set out in Policy CP41 of the Wiltshire Core Strategy are achieved.

 

10      No dwelling shall be occupied until all the existing buildings on site have been permanently demolished and all of the demolition materials and debris resulting there from has been removed from the site.

 

REASON:  In the interests of the character and appearance of the area and neighbouring amenities.

 

11      The development hereby permitted shall not be occupied until the first five metres 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      No part of the development hereby permitted shall be occupied until the access, turning area and parking spaces have been completed in accordance with the details shown on the approved plans. The areas shall be maintained for those purposes at all times thereafter.

 

REASON: In the interests of highway safety.

 

13      Before the development hereby permitted is first occupied the first floor windows in the east and west side elevations shall be glazed with obscure glass only [to an obscurity level of no less than level 3] and the windows shall be maintained with obscure glazing in perpetuity.

 

REASON:  In the interests of residential amenity and privacy.

 

14      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 to, or extensions or enlargements of 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 enlargements.

 

15      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), the garage hereby permitted shall not be converted to habitable accommodation.

 

REASON:  To secure the retention of adequate parking provision, in the interests of highway safety.

 

16      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.

 

17      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.

 

18      INFORMATIVE TO APPLICANT:  The applicant should note that there may be badger setts in the vicinity of the site, and as a consequence compliance with certain requirements and provisions of the Badgers Act 1991 may be necessary. If this is the case the applicant is advised to contact Natural England who are responsible for issuing licences relating to development on the site of badger setts.

 

19      INFORMATIVE TO APPLICANT: The applicant should note that under the terms of the Wildlife and Countryside Act (1981) and the Habitats Regulations (2010) it is an offence to disturb or harm any protected species, or to damage or disturb their habitat or resting lace.  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.

 

20      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.

 

21      INFORMATIVE TO APPLICANT: 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.