Agenda item

16/11414/FUL - Land opposite 6 Hawkeridge Road, Heywood, Wiltshire, BA13 4LE - 1 no. Gypsy Traveller pitch and associated works including, 1 no. mobile home, 1 no. touring caravan, 1 no. dayroom and amendments to the existing dayroom.

A report by the Case Officer is attached.

Minutes:

Public Participation

 

Dr Simon Ruston, the agent, spoke in support of the application.

 

Cllr John Masson, representing Heywood Parish Council, spoke in opposition to the application.

 

The Committee received a presentation from the Case Officer which set out the issues in respect of the application, with a recommendation that planning permission be granted subject to conditions.

 

Members then had the opportunity to ask technical questions after which they heard statements from members of the public as detailed above, expressing their views regarding the planning application.

 

Members then heard the views of Cllr Jerry Wickham, the local Member, who expressed a number of concerns regarding this application.  He raised concerns regarding:-

 

·         Barriers to development existed in terms of flooding, poor drainage, poor ground stability etc

 

·         The proposal’s impact on the character and appearance of the landscape and the amenity of neighbouring properties.

 

·         The absence of a condition to prevent burning on the site.

 

The Head of Development Management pointed out that neither the Environment Agency nor the Water Authority had raised any objection to the proposal or made no comment on a possible flood risk at the site.   

 

During discussion Members considered that there should be additional conditions regarding landscaping, the burning of waste and the number of commercial vehicles allowed on the site.

 

On the proposal of the Chairman, which was seconded by Cllr Andrew Davis,

 

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:

Drawing reference PBM16-SLP Site Location Plan registered on 12.01.2017

Drawing reference 16114/01 Site Survey registered on 12.012.2017

Drawing reference 16114/02B Proposed Site Layout received on 24.08.2017

Drawing reference 16114/03RPL Dayroom plan and Elevations received on 29.08.2017

 

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

 

3

The site shall not be occupied by persons other than gypsies and travellers as defined in Annex 1 of DCLG Planning Policy for Gypsies and Travellers, August 2015.

 

REASON: This planning permission has been granted on the basis that the site is occupied by gypsies and travellers and it is therefore necessary to keep the site available to meet the need.

 

4

There shall be no more than two permanent pitches on the application site, including the existing pitch. 

 

REASON: In the interests of clearly defining the extent of the permission

 

5

The location and siting of the mobile homes and day rooms hereby approved shall continue to be located outside of the flood zone 3 area at all times.

 

REASON: In order to prevent any increase in the risk of flooding.

 

6

No additional external lighting shall be installed on site until plans showing the type of light appliance, the height and position of fitting, illumination levels and light spillage have been submitted to and approved in writing by the Local Planning Authority.  The lighting approved shall be installed and shall be maintained in accordance with the approved details.

 

REASON: In the interests of the amenities of the area and to minimise unnecessary light spillage above and outside the development site.

 

7

The hedgerow to the immediate north of the site adjacent to the sewage pumping station, as described within Planning Permission reference W/14/08114/FUL within Wessex Waters' letter of 15 October 2014  reference RS/CRT, shall be cut back to ground level height at all times, to aid highway visibility.

 

REASON: In the interests of highway safety.

 

8

Contaminated water shall not be discharged into any stream, watercourse or underground strata, whether direct or via soakaways.

 

REASON:  In order to minimise the risk of pollution of the water environment

 

9

Occupation and use of the Mobile homes and touring caravans hereby permitted shall be limited solely to and by close family members of the occupants of the application site. Close family members defined as dependents, sons, daughters and grandchildren.

 

REASON: In the interests of residential amenity.

 

10

Within three months of the granting of planning permission, a scheme for the repair of existing water bank erosion and for the prevention of further erosion, shall be submitted to and approved in writing by the Local Planning Authority, in consultation with the Environment Agency.  All works shall be carried out in accordance with the approved details.

 

REASON: To protect the integrity of the main river, and prevent unnecessary flooding.

 

11

Within each of the two pitches, there shall be no more than one mobile home, one touring caravan and one day room, stationed on the site at any time.

 

REASON: In order for the local planning authority to retain control over the number of caravans on the site, in order to safeguard interests of visual and residential amenity in accordance with CP47 of the Wiltshire Core Strategy 2015.

 

12

Within three months of the granting of planning permission, the applicant shall provide elevation details of the proposed raising of the brick piers and erection of metal railings, on the front wall of the site, as highlighted within plan reference 16114/02A.  All works shall be carried in accordance with the approved details.

 

REASON: In the interests of amenity of the area.

 

13

No more than one commercial vehicle shall be kept on each of the two pitches for use by the occupiers of the caravans hereby permitted, and they shall not exceed 3.5 tonnes in weight and no commercial activity or use, including the storage of materials and waste, shall be carried out on the site.

 

REASON: In the interests of residential amenity, highway safety and the character of the countryside

 

14

There shall be no burning of waste or open fires on the site.

 

REASON: In the interests of public and highway safety as well as to ensure the on-site and boundary trees are safeguarded.

 

15

A  scheme of soft landscaping to be sited adjacent to the raised front wall shall be submitted to and approved in writing by the Local Planning Authority.

 

REASON: To ensure a satisfactory landscaped setting for the development.

 

16

All soft landscaping comprised in the approved details shall be carried out in the first planting and seeding season following the final completion of the front wall. The hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock and if  within a period of five years, if it should die, be 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.

 

REASON: To ensure a satisfactory landscaped setting

 

17

INFORMATIVE: The European otter has been recorded on the watercourse adjacent to the development site, the Bitham Brook. The Otter is 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). The applicant should note that under the terms of the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2010 (as amended) it is an offence to disturb or harm any protected species, or to damage or disturb their habitat or resting place.  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:

 

18

INFORMATIVE: Safeguards should be implemented during the construction phase to minimise the risks of pollution from the development.  Such safeguards should cover:

- the use of plant and machinery

- wheel washing and vehicle wash-down

- oils/chemicals and materials

- the use and routing of heavy plant and vehicles

- the location and form of work and storage areas and compounds

- the control and removal of spoil and wastes.

 

19

INFORMATIVE: In addition to any other permission(s) that you may have already obtained, e.g. planning permission, you may need an environmental permit for flood risk activities (formerly known as Flood Defence Consent prior to 6 April 2016) if you want to carry out work:

"          in, under, over or near a main river (including where the river is in a culvert)

"          on or near a flood defence on a main river

"          in the flood plain of a main river

"          on or near a sea defence

For further information and to check whether a permit is required please visit: https://www.gov.uk/guidance/flood-risk-activities-environmental-permits.

 

For any further advice, please contact your local Environment Agency FRA Permitting Officer, daniel.griffin@environment-agency.gov.uk / yvonne.wiacek@environment-agency.gov.uk

 

 

Supporting documents: