Agenda item

Proposed development of two detached chalet dwellings and garages

Public Participation

Andrew James spoke in objection to the Application

Roger Pragnell spoke in objection to the Application

Richard Harvey (Applicant) spoke in Support of the Application

 

The Senior Planning Officer drew attention to the late correspondence circulated at the meeting and introduced the application for the proposed development of two detached chalet dwellings and garages. The application was recommended for Approval subject to conditions. It was noted that an application for 9 dwellings on an adjoining site had been approved the previous year.

 

The Committee then had the opportunity to ask technical questions of the Officer, it was noted that there were no affordable housing contributions because the proposal did not require section 106 contributions.

 

Members of the public then had the opportunity to present their views as detailed above.

 

The Unitary Division Member, Councillor Tomes noted that he understood why the applicant wanted to develop their land, however there had been objections from several residents and SCC on the grounds of overdevelopment.

 

Cllr Tomes proposed REFUSAL against Officer’s recommendation on the grounds of Overdevelopment.

 

This was seconded by Cllr Brian Dalton.

 

The Committee discussed the application, noting that the nursery development next to the site had already put in a lot of backfill. In comparison to the other plots around the site, this proposal did not equate to overdevelopment and therefore from a planning point of view the application could not be refused on those grounds. It was felt that the proposal was an extension to a reasonable sized development that has already been allowed.

 

The motion to REFUSE was not carried.

The Chairman; Cllr Westmoreland then moved the motion of APROVAL in line with Officer’s recommendation. This was seconded by Cllr Devine.

 

Resolved

That application 16/09228/FUL be APPROVED in line with Officer’s recommendation, subject to 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:

 

Arboricultural Impact Assessment and Method Statement dated 19/09/2016, including Tree Protection Plan GH1652b, received by this office 21/09/2016

Plan Reference: P16-065 02-02-003, dated August 2016, received by this office 21/09/2016

Plan Reference: P16-065 02-03-001, dated August 2016, received by this office 21/09/2016

Plan Reference: P16-065 02-03-002, dated August 2016, received by this office 21/09/2016

Plan Reference: P16-065 02-05-001, dated August 2016, received by this office 21/09/2016

Plan Reference: P16-065 02-05-002, dated August 2016, received by this office 21/09/2016

Plan Reference: P16-065 02-02-002A, dated 07/11/2016, received by this office 11/11/2016

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 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, in the interests of visual amenity and the character and appearance of the area.

 

(4) 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 drainage has been constructed in accordance with the approved scheme.

 

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

 

(5) No development shall commence within the area indicated (proposed development site) until:

 

•           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

•           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.

 

(6) No development shall commence on site until an investigation of the history and current condition of the site to determine the likelihood of the existence of contamination arising from previous uses has been carried out and all of the following steps have been complied with to the satisfaction of the Local Planning Authority:

 

 Step (i) A written report has been submitted to and approved by the Local Planning Authority which shall include details of the previous uses of the site for at least the last 100 years and a description of the current condition of the site with regard to any activities that may have caused contamination.  The report shall confirm whether or not it is likely that contamination may be present on the site.

 

 Step (ii) If the above report indicates that contamination may be present on or under the site, or if evidence of contamination is found, a more detailed site investigation and risk assessment has been carried out in accordance with DEFRA and Environment Agency's "Model Procedures for the Management of Land Contamination CLR11" and other authoritative guidance and a report detailing the site investigation and risk assessment shall be submitted to and approved in writing by the Local Planning Authority. 

 

 Step (iii) If the report submitted pursuant to step (i) or (ii) indicates that remedial works are required, full details have been submitted to the Local Planning Authority and approved in writing and thereafter implemented prior to the commencement of the development or in accordance with a timetable that has been agreed in writing by the Local Planning Authority as part of the approved remediation scheme. On completion of any required remedial works the applicant shall provide written confirmation to the Local Planning Authority that the works have been completed in accordance with the agreed remediation strategy.

 

REASON:  The site includes the adjacent former Nursery Site and this condition is necessary to ensure that land contamination can be dealt with adequately prior to the use of the site hereby approved.

 

(7) The development hereby permitted shall not be first occupied until the first ten metres of the access, measured from the edge of Britford Lane, has been consolidated and surfaced (not loose stone or gravel). The access shall be maintained as such thereafter.

 

REASON: To ensure that the site access is laid out and constructed in a satisfactory manner.

 

(8) No part of the development hereby permitted shall be first occupied until the access and vehicle turning area has been completed in accordance with the details shown on the approved plans. These areas shall be maintained for these purposes at all times thereafter.

 

REASON: In the interests of highway safety.

 

(9) The dwellings 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 construction or demolition work shall take place on Sundays or Public Holidays or outside the hours of 07:30 to 18:00 Monday to Friday and 08:00 to 13:00 on Saturdays.

 

REASON:  In the interests of amenity.

 

(11) The development shall be completed in accordance with the Arboricultural Impact Assessment and Method Statement dated 19/09/2016, including Tree Protection Plan GH1652b, received by this office 21/09/2016.

REASON:  To enable the Local Planning Authority to ensure the retention of trees on the site in the interests of visual amenity.

 

(12) 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.

 

(13) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, or the Town and Country Planning Act 1990 (or any Order revoking and re-enacting that Order with or without modification), there shall be no additional windows, rooflights or dormer windows inserted above ground floor level in the roofslopes or gable ends of the dwellings.

 

REASON:  To secure adequate standards of privacy for the occupants of  neighbouring premises.

 

INFORMATIVE: Private Property/Access Rights

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.

The applicant is advised to consider the third party comments re private rights and the developers should satisfy themselves/resolve matters before development commences. 

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.

 

INFORMATIVE TO APPLICANT: Community Infrastructure Levy

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.

INFORMATIVE TO APPLICANT: Archaeology work

The work should be conducted by a professionally recognised archaeological contractor in accordance with a written scheme of investigation approved by this office and there will be a financial implication for the applicant.

 

INFORMATIVE TO APPLICANT: Dorset & Wiltshire Fire & Rescue

The applicant should be made aware of the letter received from Dorset & Wiltshire Fire & Rescue Service regarding advice on fire safety measures. This letter can be found on the application file which can be viewed on the council's website against the relevant application record.

 

INFORMATIVE TO APPLICANT:

No burning of waste or other materials should take place on the development site during the demolition/construction phase of the development.