Agenda item

The Senior Planning Officer introduced the application for the conversion of an existing dwelling into two dwellings and the erection of one further dwelling, two detached garages, associated landscaping and access works. The application was recommended for approval, subject to the conditions outlined in the report. The officer presented the existing and proposed site plan, the proposed elevations of the dwellings and photographs of the site on Pepperacre Lane. A summary was provided of the recommended planning conditions which covered: materials, ecology, timescales, parking, landscaping, energy performance and plans.

As there were no technical questions the Chairman invited members of the public to speak.

Mark Sutton and Norbert Crossley spoke in objection to the application.

Chris Beaver (the applicant’s agent) spoke in support of the application.

The local member, Cllr Steve Oldrieve, spoke in objection to the application. The councillor had no objection to the principle of the development however had concerns about overlooking, access arrangements, and the impact of the development on the character and tranquillity of the area.

Following questions from members about the Elmhurst development to the south west of the site, the Senior Planning officer advised that the access roads would probably be adopted by the Council due to the number of properties and this proposed development on the bungalow site would also accord with the character of the neighbouring development. Questions were raised over the potential for the proposed development to overlook the neighbouring development and officers reassured the Committee that there was sufficient distance between dwellings and that habitable rooms were not directly overlooked due to the direction of the windows.

Cllr Christopher Newbury, seconded by Cllr Ridout, moved the officer recommendation.

In the debate that followed members considered the density of the proposed development and understood that the footprint of the existing bungalow would not be changed. The Committee noted that there had been no objection from ecologists and there was to be further landscaping on the site.

Resolved:

To grant planning permission, subject to the following conditions and informatives:

1.    The developmenthereby permitted shall be begun before the expiration of three years from the date of this permission.

REASON: To complywith the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by the Planningand Compulsory Purchase Act2004.

2.    No development shallcommence on siteuntil details of the materials to be used forthe external walls and roofs have been submittedto and approved in writing by theLocal Planning Authority.Development shall be carried out in accordance with the approved details.

REASON:The matteris requiredto beagreed withthe LocalPlanning Authority before development commences in order that the development is undertaken in anacceptable manner, in the interests of visualamenity and the character andappearance of the area.

3.    Thedevelopment hereby approved shall be carried out in accordance with the Badger MitigationStrategy and the Bat Mitigation and EnhancementStrategy, both prepared by Stark Ecology as submitted by email on 20th June 2016 and as modified by a Natural EnglandEuropeanprotected species licence. The bat roosting featuresincorporated within the garages shall be provided in asuitable conditionfor use bybats for the lifetime of the development hereby approved.

REASON:To ensureadequateprotection andmitigation forprotected speciesthroughthe implementation of detailed mitigation measures that were prepared and submitted with the application before determination.

4.    No development shallcommence on site until ascheme of hard and soft landscapinghas been submitted to and approved in writing by the Local PlanningAuthority,thedetails of which shall include:-

a.            a detailed planting specificationshowing all plant species, supply and planting sizesand planting densities;

b.            finishedlevelsand contours;

c.            meansof enclosure;

d.            all hard and soft surfacing materials.

REASON:The matteris requiredto beagreed withthe LocalPlanning Authority before development commences in order that the development is undertaken in anacceptable manner, to ensure asatisfactory landscaped setting for the development.

5.    All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seedingseason following the first occupation of thebuildings or the completion of the development whichever is the sooner. All hardlandscaping shall also be carried out in accordance with the approved details prior tothe occupation of any part of the development or in accordance with aprogramme to be agreed in writing with the Local PlanningAuthority.

REASON:To ensurea satisfactory landscapedsetting for thedevelopment andtheprotection of existing important landscape features.

6.    No development shallcommence on siteuntil ascheme for the discharge of surface water from the site,incorporating sustainabledrainage details, has been submitted toand approved in writing by the Local Planning Authority.The development shall not be first occupied until surfacewater drainage has been constructed in accordance withthe approved scheme.

REASON:The matteris requiredto beagreed withthe LocalPlanning Authority before development commences in order that the development is undertaken in anacceptable manner,to ensure that the development canbe adequately drained.

7.    Nodevelopment shallcommence on siteuntil details for the disposal of sewage including the point of connectionto the existing public sewerhave been submitted toand approved in writing by the Local Planning Authority.No dwelling shall be firstoccupied until the approved sewerage details have been fully implemented in accordance with the approved plans.

REASON:The matteris requiredto beagreed withthe LocalPlanning Authority before development commences in order that the development is undertaken in anacceptable manner, to ensure that the proposal is provided with asatisfactory meansof drainage and does not increase the risk of flooding or pose arisk to public health orthe environment.

8.    No partof the development hereby permitted shallbe first occupied until the turning areas and parking spaces/garaging have been completed in accordance with thedetails shown on the approved plans. The areas shall be maintained for thosepurposes at all times thereafter.

REASON:Intheinterestsofhighwaysafety.

9.    The dwellingshereby approved shall achieve alevel of energy performance at orequivalent to Level 4 of the Code for SustainableHomes. No dwelling shall beoccupied 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:Toensurethatthe objectivesofsustainabledevelopmentequal orequivalent to those set out in Policy CP41 of the Wiltshire Core Strategy are achieved.

10.The development hereby permitted shall be carried out in accordance with the

following approved plans:

PEP 001 Rev B Plot 2 & 3 Existing Building Plan Registered on 27 April 2016;

PEP 001 Rev B Plot 2 & 3 Existing Elevations Registered on 27 April 2016;

PEP 003 Rev C Registered on 27 April 2016;

PEP 004 Rev C Registered on 27 April 2016;

PEP 005 Rev D Registered on 27 April 2016;

PEP 006 Rev D Received on 24 May2016;

PEP 007 Rev E Registered on 27 April 2016;

PEP 008 Rev B Registered on 27 April 2016;

PEP 009 Rev C Registered on 27 April 2016;

PEP 0011 Rev D Received on 24 May2016; and

PEP 0014 Rev B Registered on 27 April 2016.

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

11.INFORMATIVE:

Please note that this consentdoes not override the statutoryprotection afforded to anyprotected species. All Britishbat species are protected under The Conservation of Habitats and Species Regulations 2010 (as amended), which implements the EC Directive 92/43/EEC in the United Kingdom,and the Wildlife and Countryside Act  1981 (as amended). This protection extends to individuals of the species and their roostfeatures,whether occupied or not. If bats are discovered, all works should stopimmediately and a licensed bat worker should be contacted for advice on any special precautions before continuing(including the need for a derogation licence from  Natural England).

Please also be advised that works should not take place that will harm nesting birds from March to August inclusive. All British birds (while nesting, building nests and sitting on eggs), their nests and eggs (with certain limited exceptions) are protected by law under Section 1 of the Wildlife and Countryside Act 1981 (as amended) and the Countryside and Rights of Way Act 2000. If birds are nesting on/in or within the vicinity of the proposed development, work should be undertaken outside the breeding season for birds to ensure their protection, i.e. works should only be undertaken between August and February. Further advice on the above can be sought from the Council Ecologists.

The Protection of Badgers Act 1992 protects badgers from cruel ill-treatment, including damage or destruction of their setts, or disturbance whilst a sett is in occupation. This Act makes it illegal to carry out work that may disturb badgers without a Natural England licence.

12.INFORMATIVETOAPPLICANT:

The applicantis advised that the development hereby approved mayrepresent chargeable development under the Community Infrastructure Levy Regulations 2010 (asamended) and WiltshireCouncil's CIL Charging Schedule. If the development is determined to be liable for CIL, a Liability Notice will be issued notifying youof theamount of CIL payment due. If an Additional Information Form has not already been submitted,please submitit 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  relevantform so that we can determine your eligibility. The CIL Commencement  Notice and Assumption of Liability must be submittedto Wiltshire Council prior to commencementof development. Shoulddevelopment commence prior to the CIL Liability Notice being issued by the local planning authority, any CIL exemption or  reliefwill not apply and full payment will be required in full and with immediate effect.Should yourequire further information or to download the CIL forms please refer to the Council's Websitewww.wiltshire.gov.uk/planninganddevelopment/planningpolicy/communityinfrastructurelevy.