Agenda item

Michael Sammes, Vanessa Robshaw and Michael Gibbons spoke against the application. John Bostock spoke in favour of the application.

 

The Planning Officer introduced the report which was an application for the erection of 6 dwellings, which had been reported to Committee on 26 October 2016 and deferred for further consideration of three issues:  the possibility for an environmental corridor, an assessment of the Japanese Knotweed issues on the site, and vicinity, and the possibility of traffic calming measures sympathetic to the character of the conservation area. Officers explained that all issues had been considered and addressed by the proposed conditions in the report.

 

The officer showed pictures and diagrams which identified proposed location and specifications of the build, it was highlighted that slight alterations had been made to the layout, moving the proposed houses further into the site and therefore further away from neighbours, alterations had also been made to avoid the root zone of a beech tree on the site. The environmental corridor was now included in the plans with minor alterations and with minimal impact. The Knotweed issue had been addressed by a condition to ensure the removal of the species prior to commencing the building works. The traffic calming measures were to be dealt with by a revised road layout and protection zones, alternative materials appropriate to the conservation area status of the site had been proposed by the applicant and agreed by officers.

 

The Chairman invited members to ask technical questions and there were none.

 

The Chairman invited members of the public to make representations, as detailed above.

 

In response to statements from the public, the Planning Officer explained that the Committee was already familiar with the application; members were considering the three issues deferred from a previous Committee meeting, and key changes to the proposed consent were in response to the matters Committee had sought further clarity on when it was last debated. It was explained that public consultation on the revised plans had not been undertaken since the overall impact of the proposed development on neighbours had been lessened in comparison to the previous proposals. The proposed condition on Knotweed had been considered appropriate by the Council’s Ecologist.

 

Cllr Peter Hutton moved the officer’s recommendation, subject to the conditions in the report and a requirement that a completion survey be carried out post eradication of the Knotweed, and an informative referring the applicant to the maximum fine for allowing Knotweed to spread, the wording of which to be determined by officers. This was seconded by Cllr Howard Greenman.

 

In the debate that followed members considered the impact of the Japanese Knotweed and agreed the development to be acceptable and an improvement to the previous proposal.

 

RESOLVED:

 

That authority is DELEGATED to the Head of Development Management to

GRANT planning permission, subject to conditions listed below and completion of a S106 legal agreement within six months of the date of the resolution of this Committee, and subject to an amendment to the proposed condition in respect of Knotweed in order to secure a completion survey of the land in question post eradication and removal works to confirm removal and also an Informative to be added referring the applicant to the maximum fine permissible if Knotweed is allowed to spread. Authority is delegated to the Head of Service to prepare appropriate wording in this regard.

 

In the event of failure to complete, sign and seal the required section 106 agreement within the defined timeframe to then delegate authority to the Head of Development Management to REFUSE planning permission for the following reason:-

 

The application proposal fails to provide the necessary mitigation in line with Policies CP50, CP51 and CP58 of the Wiltshire Core Strategy (Adopted January 2015) and Paras 7, 14 & 17 of the National Planning Policy Framework March 2012.

 

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:
   • Drawing No: 1631 - 01 (as submitted 20/09/2016) - Site Plan
   • Drawing No: 1631 - 02 REV H (as submitted 13/12/2016) - Site Layout
   • Drawing No: 1631 - 03 REV F (as submitted 13/12/2016) – Street Elevations & Sections
   • Drawing No: 1631 - 04 REV D (as submitted 13/12/2016) – Rear elevations & Sections
   • Drawing No: 1631 - 05 REV G (as submitted 13/12/2016) - Parking Provision
   • Drawing No: 1631 - 06 REV K (as submitted 16/12/2016) - Drainage Strategy
   • Drawing No: 1631 - 07 REV H (as submitted 13/12/2016) – Landscaping Layout
   • Drawing No: 1631 - Plot1fp (as submitted 13/12/2016) - Plot 1 Floor Plan and Elevations
   • Drawing No: 1631 - Plot2el (as submitted 13/12/2016) - Plot 2 Floor Plan and Elevations
   • Drawing No: 1631 REV A - Plot3fp (as submitted 13/12/2016) - Plot 3 Floor Plans
   • Drawing No: 1631 REV A - Plot3el (as submitted 13/12/2016) - Plot 3 Elevations
   • Drawing No: 1631 REV A - Plot4el (as submitted 13/12/2016) - Plot 4 Elevations
   • Drawing No: 1631 REV A - Plot4fp (as submitted 13/12/2016) - Plot 4 Floor Plan
   • Drawing No: 1631 REV B - Plot5/6fp (as submitted 13/12/2016) - Plot 5 & 6 Floor Plan
   • Drawing No: 1631 REV B- Plot5/6el (as submitted 13/12/2016) - Plot 5 & 6 Elevations
   • Drawing No: 1631 REV B - gar/encl (as submitted 13/12/2016) - Garages and Enclosure plans.
   • Drawing No: 1631 0700 Rev P5 (13/12/2016) Engineering Layout and Details
   • D37 36 P2 Rev A (13/12/2016)
   • D37 36 P1 (13/12/2016)
   • D37 36 P3 (13/12/2016)
   • Extended Phase 1 Habitat Survey and Assessment by Alder Ecology (May 2013)
   • Ecological Assessment by Tyler Grange (June 2016)
   • FRA Addendum Report by Craddys (June 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 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 (including any works of demolition), until a Construction Method Statement, which shall include the following:

 

Has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be complied with in full throughout the construction period. The development shall not be carried out otherwise than in accordance with the approved construction method statement.

 

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 minimise detrimental effects to the neighbouring amenities, the amenities of the area in general, detriment to the natural environment through the risks of pollution and dangers to highway safety, during the construction phase.

 

5. A Landscape and Ecological Management Plan (LEMP) shall be submitted to, and approved in writing by, the Local Planning Authority before commencement of the development. The content of the LEMP shall include, but not necessarily be limited to, the following information:
   • Description and evaluation of features to be managed;
   • Landscape and ecological trends and constraints on site that might influence management;
   • Aims and objectives of management;
   • Appropriate management options for achieving aims and objectives;
   • Prescriptions for management actions;
   • Preparation of a work schedule (including an annual work);
   • Details of the body or organisation responsible for implementation of the plan;
   • Ongoing monitoring and remedial measures;
   • Details of how the aims and objectives of the LEMP will be communicated to future occupiers of the development.

The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body/ies responsible for its delivery. The plan shall also set out (where the results from monitoring show that the conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented. The LEMP shall be implemented in full 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, to ensure adequate protection, mitigation and compensation for protected species, priority

 

6. No development shall commence on site (including demolition, ground works, vegetation clearance) until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority. The CEMP shall include, but not necessarily be limited to, the following:
   • Protection of trees including details of root protection areas and fencing;
   • Mitigation for any potential tree bat roosts to be removed;
   • An updated badger survey and mitigation strategy;
   • A reptile mitigation strategy including methods to be applied during the construction phase and details of the proposed receptor site including long-term maintenance.
   • Protection of breeding birds.
   • Ongoing monitoring, including compliance checks by a competent person(s) during construction and immediately post-completion of construction works.

The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details.

A report prepared by a competent person(s), certifying that the required mitigation and/ or compensation measures identified in the CEMP have been completed to their satisfaction, shall be submitted to the Local Planning Authority within 3 months of the  date of substantial completion of the development or at the end of the next available  planting season, whichever is the sooner.

 

REASON: To ensure adequate protection, mitigation and compensation for protected species, priority species and priority habitats.

 

7. No demolition, site clearance or development shall commence on site until an Arboricultural Method Statement (AMS) prepared by an arboricultural consultant providing comprehensive details of construction works in relation to trees has been submitted to, and approved in writing by, the Local Planning Authority. All works shall subsequently be carried out in strict accordance with the approved details. In particular, the method statement must provide the following:-
   • A specification for protective fencing to trees during both demolition and construction phases which complies with BS5837:2012 and a plan indicating the alignment of the protective fencing;
   • A specification for scaffolding and ground protection within tree protection zones in accordance with British Standard 5837: 2012;
   • A schedule of tree works conforming to British Standard 3998: 2010;
   • Details of general arboricultural matters such as the area for storage of  materials, concrete mixing and use of fires;
   • Plans and particulars showing the siting of the service and piping infrastructure. The detailed landscaped plan should be not less than 1:200 scale, showing the position of any trees proposed to be retained and the positions and routes of all proposed and existing pipes, drains, sewers, and public services, including gas, electricity, telephone and water.
   • A full specification for the construction of any arboriculturally sensitive structures and sections through them, including the installation of boundary treatment works, the method of construction of the access driveway including details of the no-dig specification and extent of the areas of the driveway to be constructed using a no-dig specification;
   • Details of the works requiring arboricultural supervision to be carried out by the developer’s arboricultural consultant, including details of the frequency of supervisory visits and procedure for notifying the Local Planning Authority of the findings of the supervisory visits; and
   • Details of all other activities, which have implications for trees on or adjacent to the site.
   • Day and sunlight calculations must be submitted in accordance with Building
   • Research Establishment guidance and British Standards 8206 Part 2: 2008 Light for Buildings Part 2 - Code of practice for daylighting.
   • In order that trees to be retained on-site are not damaged during the construction works and to ensure that as far as possible the work is carried no demolition, site clearance or development should commence on site until a precommencement site meeting has been held, attended by the developer’s arboricultural consultant, the designated site foreman and a representative from the Local Planning Authority, to discuss details of the proposed work and working procedures.
   • Subsequently and until the completion of all site works, site visits should be carried out on a weekly basis by the developer’s arboricultural consultant. A report detailing the results of site supervision and any necessary remedial works undertaken or required should then be submitted to the Local Planning Authority.
   • Any approved remedial works shall subsequently be carried out under strict supervision by the arboricultural consultant following that approval.

 

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 order that the Local Planning Authority may be satisfied that the trees to be retained on and adjacent to the site will not be damaged during the construction works and to ensure that as far as possible the work is carried out in accordance with current best practice and section 197 of the Town & Country Planning Act 1990.

 

8. No demolition, site clearance or development shall commence on site, and; no equipment, machinery or materials shall be brought on to site for the purpose of development, until a Tree Protection Plan showing the exact position of each tree/s and their protective fencing in accordance with British Standard 5837: 2012: “Trees in Relation to Design, Demolition and Construction -Recommendations”; has been submitted to and approved in writing by the Local Planning Authority, and;

 

The protective fencing shall be erected in accordance with the approved details. The protective fencing shall remain in place for the entire development phase and until all equipment, machinery and surplus materials have been removed from the site. Such fencing shall not be removed or breached during construction operations.

 

No retained tree/s shall be cut down, uprooted or destroyed, nor shall any retained tree/s be topped or lopped other than in accordance with the approved plans and particulars. Any topping or lopping approval shall be carried out in accordance British Standard 3998: 2010 “Tree Work – Recommendations” or arboricultural techniques where it can be demonstrated to be in the interest of good arboricultural practise.

 

If any retained tree is removed, uprooted, destroyed or dies, another tree shall be planted at the same place, at a size and species and planted at such time, that must be agreed in writing with the Local Planning Authority.

 

No fires shall be lit within 15 metres of the furthest extent of the canopy of any retained trees or hedgerows or adjoining land and no concrete, oil, cement, bitumen or other chemicals shall be mixed or stored within 10 metres of the trunk of any tree or group of trees to be retained on the site or adjoining land.

 

[In this condition “retained tree” means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs above shall have effect until the expiration of five years from the first occupation or the completion of the development, whichever is the later].

 

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

 

9. 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 urban 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: To ensure that the development can be adequately drained.

 

10. No development shall commence on site until a scheme for the discharge of surface water from the highway fronting the site has been submitted to and approved in writing by the Local Planning Authority. The development shall not be first occupied until the highway drainage scheme has been constructed in accordance with the approved scheme.

 

REASON: To ensure that the development can be adequately drained

 

11. No development shall commence on site until details of the works for the disposal of sewerage including the point of connection to the existing public sewer have been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be first occupied until the approved sewerage details have been fully implemented in accordance with the approved plans.

 

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 proposal is provided with a satisfactory means of drainage and does not increase the risk of flooding or pose a risk to public health or the environment.

 

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) (England) Order 2015 (or any Order revoking or re-enacting or amending that Order with or without modification), no gates, fences, walls or other means of enclosure, other than those shown on the approved plans, shall be erected or placed anywhere on the site.

 

REASON: In the interests of visual amenity.

 

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

 

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

 

15. There must be no ground raising or obstruction to flow on existing land at or below the 1 in 100 year flood level (45.57mAOD).

 

REASON: In the interests of flood prevention

 

16. 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.

 

17. No development including vegetation removal / management, site clearance, ground works or intrusive site investigations, shall commence until a detailed method statement for the removal/eradication of Japanese knotweed on the site has been submitted to and approved in writing by the Local Planning Authority. The method statement shall include proposed measures to prevent the spread of Japanese Knotweed during any operations in accordance with best practice, and ensure the safe disposal of invasive plant material as required. It shall also contain measures to ensure that any soils brought to the site are free of the seeds / root / stem of any invasive plant covered under the Wildlife and Countryside Act 1981. Development shall be carried out in strict accordance with the approved method statement.

 

18. No part of the development hereby permitted shall be first 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.

 

19. No development shall commence on site until details of the ‘highway works’ consisting of carriageway widening / traffic calming / lowered kerb to be formed at Baydon Lane have been submitted to, and approved in writing by, the Local Planning Authority. The highway works shall include the re-surfacing of the wearing course of the whole carriageway (ie after the widening). No part of the development shall be occupied until the ‘highway works’ have been provided in accordance with the approved details (numbered 1084_0700 P5 and titled ‘Engineering Layout and Details’).

 

REASON: In the interests of highway safety.

 

20. No development shall commence on site until visibility splays at both access points have been provided between the edge of the carriageway and a line extending from a point 2m metres back from the edge of the carriageway, measured along the centre line of the access, to the points on the edge of the carriageway 25 metres from the centre of the access in accordance with the approved plans (numbered 1084_0700 P5 and titled ‘Engineering Layout and Details’). Such splays shall thereafter be permanently maintained free from obstruction to vision above a height of 0.6m above the level of the adjacent carriageway.

 

REASON: In the interests of highway safety.

 

21. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any Order revoking or re-enacting or amending that Order with or without modification), the garage(s) hereby permitted shall not be converted to habitable accommodation.

 

REASON: To safeguard the amenities and character of the area and in the interest of highway safety.

 

22. INFORMATIVE TO APPLICANT: The consent hereby granted shall not be construed as authority to carry out works on the highway. The applicant is advised that a license may be required from Wiltshire’s Highway Authority before any works are carried out on any footway, footpath, carriageway, verge or other land forming part of the highway.

 

23. INFORMATIVE TO APPLICANT: Please note that Japanese Knotweed waste (the plant itself or material containing its rhizomes) is classed as a controlled/special waste and therefore needs to be disposed of in accordance with the Environmental Protection Act 1990 and the Environmental Protection Act Duty of Care Regulations 1991. It may be necessary to inform the Environment Agency of the intention to bury or burning Japanese Knotweed onsite. Any soils or material contaminated with Japanese Knotweed should be disposed of at an authorised landfill site or suitable disposal site. Please see government guidance for further details. https://www.gov.uk/guidance/prevent-japanese-knotweed-fromspreading

 

24. 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.

 

25. INFORMATIVE TO APPLICANT: This permission shall be read in conjunction with an Agreement made under Section 106 of the Town and Country Planning Act, 1990 and dated the [INSERT].

 

26. INFORMATIVE TO APPLICANT: The applicant should note that the grant of planning permission does not include any separate permission which may be needed to erect a structure in the vicinity of a public sewer. Such permission should be sought direct from Thames Water Utilities Ltd / Wessex Water Services Ltd. Buildings are not normally allowed within 3.0 metres of a Public Sewer although this may vary depending on the size, depth, strategic importance, available access and the ground conditions appertaining to the sewer in question.

 

27. 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.

 

28. 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.

 

29. 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.