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Agenda item

17/03112/FUL - Land adjacent to Barton Piece, Silver Street, Colerne, SN14 8DY

Minutes:

The applicant’s agent Ivan Lazzaroni spoke in favour of the application. Cllr Tom Hall from Colerne Parish Council spoke against the application.

 

The Team Leader introduced the application, which was for the conversion of an existing dilapidated garage into a 2 bedroom house, situated within the Colerne Conservation Area and Cotswolds AONB. A presentation was delivered, which displayed a site plan, photographs of the existing site, and proposed plans. It was also confirmed that the existence of covenant dispute was a civil matter and not a planning consideration for the Committee. It was also clarified that permitted development rights had been removed from the property. Attention was drawn to the Late Observations, which amended conditions 3 and 4 of the Officer’s recommendation for approval.

 

There were no technical questions.

 

Members of the public spoke as detailed above.

 

Cllr Brian Mathews spoke as Local Member. He said that the area was being overdeveloped and that the application would lead to additional parking issues. 

 

In the debate that followed, Cllr Tony Trotman proposed the Officer’s recommendation for approval. This was seconded by Cllr Ashley O’Neil and approved by the majority.

 

Resolved:

 

To GRANT 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:

Existing Ground Floor Plan, Dwg No: A 0.10, Dated: 02/09/2015;

Existing Roof Plan, Dwg No: A 0.11, Dated: 02/09/2015;

Existing Elevations, Dwg No: A 0.20, Dated: 27/07/2015;

Existing Sections: Dwg No: A 0.30, Dated: 02/09/2015;

Proposed First Floor Plan, Dwg No: A 1.01, Dated: 02/09/2015;

Proposed Roof Plan, Dwg No: A 1.02, Dated: 02/09/2015;

plans as received by the LPA 27/03/2017;

Proposed Elevations, Dwg No: A 2.00, Rev: 01, Dated: 27/07/2015;

Proposed Sections, Dwg No: A 3.00, Rev: 01, Dated: 02/09/2015;

plans as received by the LPA 14/06/17; and

Location Plan and Site Plan, Dwg No: 0.01, Rev: 04, Dated: 02/09/2015; plan as received by the LPA 25/07/17; and

Proposed Ground Floor Plan, Dwg No: A 1.00, Rev: 01, Dated: 02/09/2015; and

Proposed SW Elevation, Dwg No: A 2.01, Dated: 26/07/2017; plans as received by the LPA 26/07/2017.

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

 

3 No part of the development hereby approved shall be first brought into use until the garage on the approved plans (A 1.00 REV 01) has been consolidated, surfaced and laid out in accordance with the approved details. This area shall be maintained and remain available for this use at all times thereafter.

 

REASON: To ensure that adequate provision is made for parking within the site in the interests of highway safety.

 

4 “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

 

5 Notwithstanding the approved drawings, no works shall commence until details of the following have been submitted to and approved in writing by the Local Planning Authority:

(i) Full details and samples of external materials, including rainwater goods.

The works 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 preserving the character and appearance of the conservation area.

 

6 The natural stonework to be used externally on the proposed development shall match that of the existing building in terms of type, colour, size, dressing and bedding of stone, coursing, type of pointing and mortar mix.

 

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

 

7 No development shall commence on site (including any works of demolition), until a Construction Method Statement, which shall include the following:

a) the parking of vehicles of site operatives and visitors;

b) loading and unloading of plant and materials;

c) storage of plant and materials used in constructing the development; and

d) hours of construction, including deliveries.

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, and dangers to highway safety, during the construction phase.

 

8 No development shall commence on site until a scheme for the discharge of foul water from the site, including any third party permissions, has been submitted to and approved in writing by the Local Planning Authority.

 

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

 

9 The development shall not be first occupied until foul 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 site, incorporating any required third party permissions, has been submitted to and approved in writing by the Local Planning Authority.

 

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

 

11 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.

 

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, enlargements or external alterations 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 garages, sheds, greenhouses and other ancillary domestic outbuildings shall be erected anywhere on the site on the approved plans.

 

REASON: To safeguard the character and appearance of the area.

 

14 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.

 

15 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.

 

16 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.

 

17 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.

 

18 INFORMATIVE TO APPLICANT:

There is a low risk that bats may occur at the development site. Many species of bat depend on buildings for roosting, with each having its own preferred type of roost. Most species roost in crevices such as under ridge tiles, behind roofing felt or in cavity walls and are therefore not often seen in the roof space. Bat roosts are protected all times by the Conservation of Habitats and Species Regulations 2010 (as amended) even when bats are temporarily absent because, being creatures of habit, they usually return to the same roost site every year. Planning permission for development does not provide

a defence against prosecution under this legislation or substitute for the need to obtain a bat licence if an offence is likely. If bats or evidence of bats is found during the works, the applicant is advised to stop work and follow advice from an independent ecologist or to contact the Bat Advice Service on 0845 1300 228, email enquiries@bats.org.uk or visit the Bat Conservation Trust website.

 

19 INFORMATIVE TO APPLICANT:

The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (Section 1), it is an offence to remove, damage and destroy a nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. Trees, scrub and other vegetation, such as dense ivy, are likely to contain nesting birds between 1st March and 31st August. It should be assumed that onsite vegetation contains nesting birds between the above dates, unless a recent survey has been undertaken by a competent ecologist to assess the nesting bird activity on site during this period and has shown it is absolutely certain that nesting birds are not present.

 

20 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

Supporting documents:

 

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