Agenda item

Member of the public Andy Morris spoke against the application. The applicant’s agent Naomi Hubbard spoke in favour of the application.

Prior to introducing the application the Senior Planning Officer clarified that on the first page of the report it states that the Case Officer and Author of the report was Mark Staincliffe. He confirmed that case officer and original drafting of the report was by Mark Staincliffe. However, the report has been amended by the Head of Development Management, Mike Wilmott in relation to the weight that can be afforded to the emerging Neighbourhood Plan. The recommendation within the report has remained the same.

The Senior Planning officer introduced the application, which was for outline planning permission for the erection of 8 dwellings with access to be determined. A presentation was delivered, which displayed the site location plan, photographs of the existing site and proposed plans. Attention was drawn to the Late Observations. The Officer’s recommendation was for approval.

Councillors were invited to ask technical questions and it was confirmed that a 40% affordable housing contribution formed part of the application, as a s.106 agreement, which would equate to 3 houses.

Members of the public spoke as detailed above.

Cllr Toby Sturgis spoke as Local Member. He informed Members that he was the previous owner of the site, but had sold the land with permission in 2006. He explained the planning history behind the application and stated that the drainage issues and s.106 contribution issues, previously identified, had been resolved in the current application. As stated, earlier in the meeting, Cllr Toby Sturgis, exited the Committee room, prior to debate taking place and did not vote.  

In the debate that followed, Cllr Tony Trotman proposed the Officer’s recommendations, this was seconded by Cllr Ashley O’Neil and approved by the majority.

Resolved:

To GRANT permission subject to all parties entering into an agreement under s106 of The Act in respect of bin/recycling facilities and affordable housing, then planning permission be

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

The application proposal fails to provide and secure the necessary and required Services and infrastructure supporting the proposed residential development including Affordable Housing; Ecology and is therefore contrary to Policies CP3 CP43 & CP50, CP57 of the Wiltshire Core Strategy Adopted January 2015 and Paras 7, 14 & 17 of the National Planning Policy Framework March 2012.

Conditions:

1 The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

REASON: To comply with the provisions of Section 92 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

2 No development shall commence on site until details of the following matters (in respect of which approval is expressly reserved) have been submitted to, and approved in writing by, the Local Planning Authority: [DELETE as appropriate]

(a) The scale of the development;

(b) The layout of the development;

(c) The external appearance of the development;

(d) The landscaping of the site;

(e) The means of access to the site.

The development shall be carried out in accordance with the approved details.

REASON: The application was made for outline planning permission and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act 1990 and Article 5 (1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015.

3 An application for the approval of all of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

REASON: To comply with the provisions of Section 92 of the Town and Country Planning Act 1990.

4 All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first occupation of the building(s) or the completion of the development whichever is the sooner; All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any trees or plants which, within a period of five years, die, are 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. All hard landscaping shall also be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme to be agreed in writing with the Local Planning Authority.

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

5 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.

6 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 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, 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.

7 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 water drainage has been constructed in accordance with the approved scheme.

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, to ensure that the development can be adequately drained.

8 The development hereby permitted shall be carried out in accordance with the following approved plans:

UD01

Transport Statement

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